Earned Settlement policy at last announced by Shabana Mahmood, the Home Secretary, today 2nd November 2026 announced the changes to the Settlement policy. The changes do not come into force immediately. To the best of our understanding the next Statement of Changes in December 2026 will introduce the changes and will confirm the commencement date. The current Settlement rules will be subject to major changes.
As set out in the Immigration White Paper published in May 2025, the starting point for settlement will move to 10 years and will reflect a lasting commitment to this country, demonstrated through contribution, integration and respect for our laws and values. Contribution can be in a number of ways, including through their work, their service to others and their efforts to integrate. A fair system recognises the breadth of that contribution, while maintaining clear and consistent expectations for everyone.
The care workers have been in general spared from the extended duration of residence, allowing in general settlement after 5 years. For the details see further below.
The breaches or immigration law, criminality, and unpaid public debt are going to be fatal for Settlement applications. Those are very significant changes in addition to the duration of residence required for ILR.
The visa routes with path to settlement unchanged
A number of groups will see their path to settlement remain as today. These include Hong Kong British Nationals Overseas, members of our armed forces, those with a British connection and those on legacy routes such as Windrush.
Those under 5 year path to ILR
A five-year path will remain open to all higher earners, on salaries of over £50,000, and those who have contributed in healthcare and education in professions like doctors, nurses and teachers.
For those who make an exceptional contribution, even faster routes are available. The highest rate taxpayers, earning over £125,000 will be able to apply for settlement after three years, as will those who arrive on our highest talent schemes.
Those under 10 year path to Settlement
Everyone else will be placed on a ten-year path, including all those earning less than £50,000. To be considered in combination with the other contribution except the earnings.
General points about earnings levels
Under Earned Settlement, applicants will need to demonstrate a minimum level of economic contribution. Applicants must meet a threshold of £12,571 a year for at least three years, aligned to the basic rate of income tax.
Higher earnings can lead to faster settlement:
• three years for the highest economic contributors (earning at least £125,141, in line with the additional rate of income tax);
• five years for higher earners (earning at least £50,271, in line with higher rate of income tax); and
• ten years as the default for those making a sustained contribution of £12,571.
Exemptions will apply where it would be inappropriate to require someone to demonstrate a minimum income requirement of £12,571. This will include children, people aged 65 and over, and those unable to meet the requirement because of a physical or mental condition.
Those with immigration breach
Those who commit an immigration breach will see settlement pushed back to twenty years.
Those who claimed benefits
While those who have claimed benefits must have had five continuous years without falling on the state before they make their application.
Criminality impact
Under Earned Settlement, the criminality requirement will be significantly strengthened. Any adult applicant with a criminal record in the UK will be refused settlement.
A criminal record includes custodial or suspended sentences, out-of-court disposals such as absolute and conditional discharges, conditional cautions, court-imposed fines, community sentences, detention and training orders, and civil orders where there has been a conviction. Overseas convictions will also lead to refusal where the underlying conduct would constitute a criminal offence in the UK.
However, discretion will be retained to take account of differences between legal systems, including where the conduct is criminalised overseas but would not constitute an offence in the UK
Discretion will also remain to refuse settlement where an offence was committed while the applicant was under 18, taking account of the circumstances and seriousness of the case.
Outstanding government debt
Under Earned Settlement, this requirement will be significantly strengthened and expanded. Applicants will be required to have no outstanding Government debt before they can settle. This will include NHS debt; tax debt, including unpaid tax; and National Insurance contributions; and litigation debt owed to the Home Office.
Care workers
The government’s solution for care workers includes two ways.
Firstly, by providing a five-year path to settlement for care workers who lived up to the promise they made on coming to this country, worked hard and ‘answered our call when we needed them’.
Those who earned £25,000 a year, working in the social care sector which was the condition of their visa, will therefore be able to settle on their existing 5-year path.
The second group, who have not fulfilled the conditions of their visa represent around a quarter of those who came between 2022 and 2025, or switched into this route.
Home Office will offer them a second chance to make the contribution they came to this country to make.
They will be able to apply for another five-year care visa and they will not be tied to their old employer, allowing those with rogue sponsors to break away from them.
The government will now help workers to find a new position with a legitimate provider and we will give them a longer period of time to do so before their existing visa is curtailed.
At the completion of their new five-year visa, these workers will be able to apply for settlement once more.
these transitional arrangements apply only to those who joined before this government published the Immigration White Paper in May 2025.
After that point, as our consultation shows, the government’s position of a 10-year path to settlement was widely understood.
Refugees path to ILR
Home Office will place those who come to this country on one of our new safe and legal routes on a five-year path to settlement.
The standard qualifying period for all refugees who have not come by a safe and legal route will become 20 years.
A further ten years will be added for those who entered the country by an illegal method, such as by small boat.
Those who enter work or study will be able to earn settlement ten years earlier.
This means a refugee who did not arrive by small boat, who is working or studying, could qualify for settlement at ten years.