Earned settlement is the UK government's new model for granting indefinite leave to remain (ILR), the immigration status that lets a person live and work in the UK without a time limit. Under the model, announced by Home Secretary Shabana Mahmood on 2 November 2026, the standard wait for settlement rises from five years to ten years for most migrants. The change is confirmed government policy, but it is not law yet: the detailed Immigration Rules have not been published, and until they change, the current five-year route still applies.

Settlement matters because it is the step before British citizenship for many migrants. Once a person holds ILR, they can live, work and study in the UK without immigration restrictions, and after a further period they can usually apply to become a British citizen. That is why the announcement has been closely watched by hundreds of thousands of people on work, family and other long-term visas, and by their employers.

What is earned settlement?

Earned settlement replaces the idea that settlement follows automatically after a fixed period of residence. Under the new model, the length of time a person must wait depends on what the government calls their contribution to the UK, judged against four principles: character, contribution, integration and lawful residence. In the government's words, settlement must be earned rather than granted almost automatically after five years.

The model was first proposed in the government's Immigration White Paper in May 2025. The Home Office then consulted on the idea from November 2025, and the consultation received 204,667 responses. On 2 November 2026 the Home Secretary set out the final decisions in a statement to the House of Commons, and the government published its formal response, A Fairer Pathway to Settlement (CP 1707), before Parliament on the same day.

The government says it expects more than 500,000 people to wait longer than five years for settlement as a result of the change. The policy covers the main routes to settlement. Some groups, including refugees and people on certain protection routes, are treated differently, and the detailed rules will set out exactly who is in scope.

How long will it take to get ILR under earned settlement?

The new system has four main qualifying periods, depending on a person's circumstances:

• Three years: for people who earn at least £125,141 a year in three of the four years before applying.
• Five years: for people who earn at least £50,271 a year in three of the five years before applying, for people in listed public service roles, and for people with a British connection, such as a British partner or child.
• Ten years: the new standard route for everyone else who meets all the mandatory requirements.
• Twenty years: the longest route, for people who do not meet the standard requirements, including people who have broken immigration rules.

For the standard ten-year route, applicants must also have earned at least £12,571 a year — the basic-rate income tax threshold — in five of the seven years before they apply. The earnings thresholds sit £1 above the income tax bands, so they will move automatically if those bands change.

It is important to understand that these are the government's confirmed policy positions, not the law as it stands today. The Immigration Rules that put them into effect have not yet been published, and the government has said it will publish detailed guidance and a full impact assessment before the changes take effect.

What are the mandatory requirements for everyone?

Whatever route a person follows, they must meet a set of mandatory requirements before they can settle. These apply to all applicants under earned settlement.

First, applicants must meet the English language requirement at B2 level, which is a higher standard than the B1 level previously required for settlement on several routes. The higher standard was already raised for settlement in an earlier statement of changes to the Immigration Rules. Second, applicants must pass the Life in the UK test, which covers British history, law, culture and everyday life. Third, they must meet character requirements, including having no serious criminal record, and must owe no debt to the government, such as unpaid NHS charges or immigration fees.

Applicants must also have lived in the UK lawfully throughout their qualifying period. Time spent in the UK without valid permission does not count, and breaking immigration rules can push a person onto the much longer twenty-year route. The government has said the details of how compliance will be assessed will be set out in guidance.

Who can still settle after five years?

Not everyone will have to wait ten years. The five-year route is kept for people the government describes as making a higher contribution, and for people with close ties to the UK.

The main five-year route is based on earnings. A person who earned at least £50,271 a year in three of the five years before applying can qualify after five years. The government has also kept a five-year route for people in listed public service roles, which are expected to include jobs in the NHS and other public services, although the final list will be confirmed in the rules. People with a British connection, for example a British partner or a British child, can also qualify after five years.

There is also a faster three-year route for the highest earners. A person who earned at least £125,141 a year in three of the four years before applying can settle after three years. The government has presented these faster routes as a reward for people who contribute the most, in earnings or in public service.

What time no longer counts towards settlement?

Two changes will catch many people out. First, time spent in the UK on a Student visa or a Graduate visa will not count towards the qualifying period for settlement. A person who studied in the UK and then moved onto a work visa will start their settlement clock when their qualifying work route begins, not when they first arrived as a student.

Second, the ten-year long residence route to ILR will be removed when the new rules come in. At present, a person who has lived in the UK lawfully and continuously for ten years can apply for settlement under the long residence route, even if their time was spread across different visa types. Under earned settlement, that route goes, and only time on a route that leads to settlement will count.

These two changes are among the reasons the policy affects so many people. Many migrants have built up years in the UK on student and graduate visas, or on a mix of routes, and will find that some of that time no longer helps them towards settlement.

When will earned settlement start?

There is no start date yet. The government has said it expects the changes to begin appearing in the Immigration Rules from December 2026, with implementation phased in during 2027. No statement of changes covering earned settlement had been laid before Parliament as of early November 2026, and the newest statement of changes at that point was dated 3 September 2026.

Until the rules change, applications are decided under the current Immigration Rules. That means most people can still apply for ILR after five years today. But anyone planning ahead should treat the five-year route as time-limited and should check the official GOV.UK pages before making decisions, because the rules change and the detailed guidance has not yet been published.

The government has also said it will publish further technical guidance and a full impact assessment before the changes take effect. Transitional arrangements for people who are already part-way through their qualifying period have not yet been published in full, and that is the question most existing visa holders are waiting to have answered.

Why is the government changing the rules?

The government says the current system grants settlement too easily and too quickly, and that the length of time a person has lived in the UK is a poor measure of their contribution. Under earned settlement, the wait is meant to reflect earnings, public service, integration and compliance with the rules.

The change is part of a wider tightening of the immigration system that began with the May 2025 White Paper. That paper also raised English language requirements and lengthened the route to citizenship for some groups. Ministers argue that the public expects settlement to be earned, and that the new system will be fairer to people who contribute the most.

Critics, including immigration lawyers and migrant support groups, have warned that the change will leave many people in immigration limbo for years, paying visa fees and the immigration health surcharge for longer, and that the earnings thresholds will favour higher-paid workers over people in lower-paid but essential jobs. The consultation response acknowledges the scale of the change, with more than half a million people expected to wait longer than five years.

Frequently asked questions

Is earned settlement law yet? No. It is confirmed government policy announced on 2 November 2026, but the Immigration Rules have not yet been changed. The current rules still apply until the new rules take effect, which the government expects to happen in phases during 2027.

Can I still apply for ILR after five years? Yes, for now. Until the Immigration Rules change, most people can still apply after five years if they meet the current requirements. Check the official GOV.UK pages for the rules that apply to your route, as rules change and this article is information only, not immigration advice.

Does time on a Student visa count? Under the new model, no. Time on Student and Graduate visas will not count towards the qualifying period for settlement once the new rules are in force.

Who can settle after five years under the new rules? People who earn at least £50,271 in three of the five years before applying, people in listed public service roles, and people with a British connection can qualify after five years. The highest earners, on at least £125,141, can qualify after three years.

What English level is needed to settle? Applicants must meet the B2 English language standard and pass the Life in the UK test, as well as meeting character and lawful residence requirements.

Sources: GOV.UK — Home Secretary unveils new rules for migrants settling in the UK and Seraphus — New ILR rules: earned settlement explained. Check the official GOV.UK page before acting, as the rules change and the detailed Immigration Rules have not yet been published.