Earned settlement: a faster route to permanent residence for the UK’s highest earners and global talent

On 2 November 2026, the Home Secretary, Shabana Mahmood, set out the Government's earned settlement policy in a statement to the House of Commons, alongside publication of the Government’s response to its consultation, A Fairer Pathway to Settlement, which we wrote about in a previous article “Earned settlement – consultation paper launched”. 

Settlement, also known as indefinite leave to remain (ILR), is permission to live in the UK permanently, without immigration restrictions, and is usually the final step before applying for British citizenship.

The Home Secretary’s core message was clear - settlement "should not be automatic. It should be earned". Migrants will need to demonstrate an active social and economic contribution to the UK. How long they must wait before qualifying for settlement will depend on their visa route and the contribution they make. Although this will increase the qualifying period for certain migrants, those who are deemed to contribute the most (for example, through high earnings) may qualify for settlement considerably sooner than under current rules.

We summarise the key points of the announcement below.

A faster track to settlement for those who contribute the most

The standard qualifying period for ILR will double from five to ten years. However, this is a baseline rather than a fixed rule: the actual wait will depend on an individual’s character, contribution to and integration in the UK. The confirmed tracks are as follows:

Those who have claimed benefits must have had five continuous years without relying on the state before they apply.

The earnings thresholds will mirror the relevant income tax thresholds going forward so there could be changes to those thresholds in the future. 

Four mandatory requirements

Whichever track they are on, and regardless of when they arrived in the UK, every applicant must meet the following four requirements:

• English spoken to a high standard, equivalent to A-Level English as a foreign language; 
• a pass in the Life in the UK test;
• no outstanding Government debt; 
• at least three years of National Insurance contributions (with exemptions for children, those aged 65 and over and those unable to meet it because of a physical or mental condition); and
• good character and suitability, including a clean criminal record. This represents a significant departure from the current rules, under which a refusal only applies to custodial or suspended sentences of 12 months or more. Under this framework, any adult with any past criminal conviction would have their settlement application refused.  

Family members and dependents

The Government has moved away from requiring dependents to earn settlement entirely in their own right:

• couples may combine their earnings to meet the minimum contribution requirement, with a household income threshold of £25,142. This figure is subject to changes to the National Insurance threshold;
• children under 18 can settle with their parents and are exempt from the income, debt, English and Life in the UK requirements;
• adult children aged 18-24 who entered the UK as a child dependent can settle with their family without being required to meet the individual earnings requirement;
• those aged 25 or over when the family becomes eligible for settlement will need to qualify independently or move onto a route in their own right.

Transitional protection for specific groups

The Government has confirmed that there will be transitional arrangements for social care workers already in the UK, although some of those protections will apply only to individuals who joined the relevant routes before publication of the Government’s Immigration White Paper in May 2025. 

For everyone else, the rules in force when the settlement decision is made will apply, not those in force when the person arrived. This means that individuals who arrive before the changes are brought into force, and who expect a five-year route to settlement, will move onto the ten-year track unless they qualify for a faster one.  Equally, however, those who meet the earnings or high talent criteria may be able to settle sooner than they had originally expected.

Routes that remain unchanged

A number of groups will keep their current pathways to settlement including:

• Hong Kong British Nationals (Overseas); 
• overseas members of the armed forces and their families; 
• people with a British connection (which include family members of British citizens and those on UK Ancestry visas); 
• people on legacy routes such as Windrush; and
• certain vulnerable groups.

Anyone who already holds settled status under the EU Settlement Scheme will not have it removed.

Refugees

Refugees who arrive through Home Office-approved safe and legal routes will be able to settle after five years. Other refugees face a 20-year path, reduced to ten years for those who work or study. Those who arrive by small boat or another clandestine route face an additional ten years, meaning a wait of up to 30 years.

Staying compliant throughout the visa period

As set out above, failing to meet any of the mandatory requirements will lead to a refusal of ILR, so migrants will need to manage their National Insurance, benefits and criminal record position actively throughout their stay. The stricter criminality threshold in particular marks a significant departure from the current rules.

What this means in practice

The earned settlement framework must now be turned into detailed rules and operational arrangements. Much of the detail, including how earnings will be assessed, the precise scope of the transitional arrangements, and the implementation timetable, is still to be confirmed. What is already clear is that the new framework rewards contribution: for high earners and those on high talent routes, the path to settlement will be shorter, not longer.

We expect further clarification in the coming days and weeks, and will provide updates on what the changes are likely to mean for employers, individuals and the public sector.