The Government has announced major changes to settlement, also known as Indefinite Leave to Remain (ILR). These changes could affect how long many people have to wait for settlement and what they need to show before they can get it.
The detailed Immigration Rules have not yet been published, so some information may change. This is general information and is not a substitute for immigration advice about individual situations.
This explainer sets out what we know so far, who could be affected and what we are still waiting to find out.
Many of the details are still not clear, so please try not to panic and seek qualified immigration advice about your own personal situation before acting.
What is settlement?
Settlement, also called Indefinite Leave to Remain (ILR), allows someone to live in the UK permanently.
For many people, getting settlement brings much greater security. It can mean no longer having to make repeated applications to extend a visa, pay immigration application fees or wait for Home Office decisions about whether they can continue living in the UK.
The Government is changing how people qualify for settlement and how long some people will have to wait. It calls the new system “earned settlement”.
When are these changes happening?
The Government first proposed changes to settlement in May 2025 and consulted on its plans later that year. It has now announced the system it intends to introduce.
However, not all of the new rules are in force yet. The detailed changes need to be set out in the Immigration Rules, and different parts of the new system are expected to come into force at different times. This means there are still important details we do not know. We expect the Government to publish changes to the Immigration Rules in December.
Who will not be affected?
People with status under the EU Settlement Scheme will not be moved onto the earned settlement system.
Some other groups will keep the length of route to settlement that is currently available to them, although they may still have to meet new requirements when they apply for settlement.
These include some:
partners and parents of British citizens
people on the UK Ancestry route
people on the Hong Kong BN(O) route
people on Afghan and some other safe and legal routes
people applying through the Windrush Scheme
children and young people in particular circumstances
people applying for settlement as bereaved partners or because they have experienced domestic abuse.
Exactly how some of these protections will work should become clearer when the detailed Immigration Rules are published.
Who could be affected?
A very large number of people who are living in the UK but do not yet have settlement could be affected. The Government has suggested that more than 500,000 people will now face a longer wait for settlement.
Importantly, many of the changes are expected to apply even if someone arrived in the UK before the new system was announced and is already working towards settlement. There will be some exceptions and transitional arrangements for particular groups, but there is no general protection for people already here.
The changes will also affect many people who have refugee status but do not yet have settlement.
What is changing?
There are two main parts to the new system:
How long people have to wait before they can apply for settlement
The requirements people have to meet before they can get settlement
1. Many people will have to wait longer for settlement
At the moment, five years is the standard route to settlement for many people. Under the new system, the standard starting point will be 10 years.
Some people will be able to qualify sooner because of factors such as their earnings or the work they do. Other people will have to wait considerably longer because of factors including their immigration history or whether they have received certain benefits.
This means different people could face routes to settlement ranging from three years to as long as 20 or 30 years.
For example:
people earning above £50,270 should be able to settle after five years, while those earning over £125,141 will be able to settle after three
some people working in specified health and education jobs will continue to have a five-year route (see Annex C here)
people who have claimed certain benefits may have to wait longer. People settling after three, five or 10 years must not have accessed benefits in the five years before applying. Continued use could mean a 20-year qualifying route, although this might be subject to exemptions and other mandatory conditions.
People who have had particular problems with their immigration status may face a longer route. This includes things like overstaying a visa.
The exact rules will depend on individual circumstances.
2. There will be new requirements for settlement
There will also be new requirements that people may have to meet when they apply for ILR, regardless of how long their route to settlement is.
Income
Most adults will have to show that they have earned a minimum amount for a set period before applying for settlement. This has been set at £12,571 per year for at least three years prior to applying for settlement or in five of the seven years before applying for settlement. This threshold is linked to the income tax and National Insurance system.
The Government has also said there will be exemptions, including for children, people aged 65 and over and some people who cannot meet the requirement because of a physical or mental health condition
The Government has also said that it will be possible to meet this requirement by combining income across a household – for example, the person applying for ILR and their spouse can combine their income to meet the threshold. The minimum income requirement for a couple will be double the rate for an individual – so £25,142 per year.
We are waiting for the detailed Immigration Rules to confirm exactly how these requirements and exemptions will work.
English language
Many people already have to meet an English language requirement to get settlement.
For many applicants, the required level will rise from B1 to B2.
Different requirements will apply to some groups. For example, the Government has announced a lower A2 requirement for some refugees arriving through resettlement routes.
Criminal convictions
The rules relating to criminal convictions will become much stricter. The Government says that adults with any type of criminal record will be unable to settle. This includes sentences and penalties that would not automatically prevent someone from getting ILR under the current system. Different rules are expected to apply where an offence took place while somebody was under 18.
The detailed Immigration Rules will be important in understanding exactly which convictions and disposals are covered.
Money owed to the Government
Certain debts owed to the UK Government could also prevent someone from getting settlement. The Government has said this could include some:
NHS debt
unpaid tax
National Insurance contributions
litigation debt owed to the Home Office.
Different arrangements may apply to some refugees who have received asylum support.
What does this mean for people already on a 10-year family or private-life route?
Many people are already on a 10-year route to settlement because of their family or private life in the UK. This includes many parents of British children.
The basic length of this route is not expected to automatically change from 10 years. However, other parts of the earned settlement system could mean that some people on this route have to wait longer.
Benefits and public funds
The Government plans to take into account whether someone has received certain benefits, known in the immigration system as “public funds”. People who have accessed public funds during the five years before applying for settlement could have to wait 20 years for settlement.
The detailed rules, including any exceptions, are not yet clear.
Previous immigration problems
The Government also plans to make some previous “immigration breaches” relevant to the length of someone's route. This could include circumstances such as previously overstaying a visa, breach of conditions, or action to frustrate immigration control. We do not yet know exactly which situations will be covered, how far back the Home Office will look or what exceptions will apply.
What does this mean for refugees?
There will be significant changes to settlement for refugees. At present, people granted refugee status can normally apply for settlement after five years. Under the new system, there will be several different routes.
Core Protection: For many people granted refugee status, the main route will be called Core Protection. This is expected to be a 20-year route to settlement.
Core Protection Work and Study: There will also be a Core Protection Work and Study route for refugees who meet particular work, study or training requirements. This is expected to provide a 10-year route to settlement. People may be able to move from Core Protection onto this route if they meet its requirements. The 10 years would start when they move onto this route. Any years already spent on Core Protection would NOT count towards the 10 years.
Irregular arrival: People who entered the UK through an irregular route, for example by crossing the Channel in a small boat, may face an additional 10-year increase to their route to settlement. There are important questions about how this will interact with protections under the Refugee Convention, and we are waiting for further details. This means that under some circumstances a refugee could face a route to settlement lasting up to 30 years.
Resettlement routes: some people who come to the UK through designated refugee resettlement routes will continue to have a five-year route to settlement.
The Government has said that people who already have refugee status but do not yet have settlement will be brought into the new system. The detailed rules will be important in understanding exactly how this will work for people who are already part-way through their current five-year route.
What does this mean for people on work visas?
The length of someone's route will depend partly on their salary and the type of work they do. Some higher earners will qualify for settlement sooner.
The Government has announced that:
some people earning above specified salary thresholds will have shorter routes
people working in certain public-sector health and education jobs will continue to have a five-year route
many other workers will have a 10-year route to settlement.
The Government has published a list of occupations which will qualify for the five-year route in Annex C of its response to the earned settlement consultation.
What about care workers?
There are special arrangements for some care workers who came to the UK before the Government announced its Immigration White Paper in May 2025. Under the announced arrangements:
some care workers who entered or switched onto the care worker route before May 2025 will be able to keep a five-year route if have a salary of £25,000 or above, and meet the other requirements for settlement
for workers who have not been able to meet the salary requirement, they will be allowed an extra five years to meet the requirements
the Government has also announced measures for care workers who lose their sponsor, for example because their employer loses its sponsor licence.
Care workers who arrived later may be treated differently.
What about people who have lived here legally for 10 years?
Currently, some people can apply for settlement after 10 years of continuous lawful residence in the UK, also known as the 10-year long residence route. This 10 years can be made up of time spent on different types of visa, including study and work visas.
The Government has said it will close this route. Under the new policy, time spent on temporary visas will not count towards a settlement pathway.
We do not know when this change will come into effect yet.
What about families with children?
Children under 18 would usually be able to apply for settlement with their parents without meeting the earnings, English language, government debt or Life in the UK Test requirements.
Young adults aged 18 to 24 who still have permission to stay as dependent children would also have some protections. People aged 25 or over would usually need to qualify for settlement independently.
What should I do now?
First, don't panic. Not all of these changes are in force yet and there are important details we are still waiting for. There are some practical things you can do:
If you are already eligible for settlement, get immigration advice as soon as possible about whether you should apply under the current rules.
If you’re not sure that you qualify for ILR, do not apply without seeking advice first. If you apply but are not eligible, you could be refused and lost your application fee.
Do not make important decisions based only on general information online. Immigration circumstances are individual and seemingly small differences can matter.
Do not stop claiming benefits or financial support that you need and are entitled to without getting advice.
Keep copies of your immigration applications, Home Office correspondence and other important records.
If the new income rules may affect you, keep records relating to your employment and earnings.
Look out for further information when the detailed Immigration Rules and Home Office guidance are published.
What happens next?
We are still waiting for the detailed Immigration Rules that will put these changes into practice. Those rules should answer some of the important questions that remain, including how the new system will apply to people who are already living in the UK and part-way through their route to settlement.
We expect to have more information available in early December 2026.
We will update this explainer as more information becomes available.