Earned Settlement Consultation

For Information : Earned Settlement Open Consultation.

1. Introduction and summary of proposed changes

The Home Secretary has announced changes to the pathway to settlement and launched a consultation on these, including how they should be implemented. The changes aim to ensure that the immigration framework remains fair, sustainable, and responsive to the needs of the economy and society. The government is concerned that that lower-wage migrant workers including those on the Health and Care visa, are less likely to make a net fiscal contribution over the long-term.

2. What’s being considered in the consultation?

Increasing the default qualifying period for settlement from 5 years to 10 years, as set out in the Immigration White Paper Restoring Control over the Immigration System.
Increasing the qualifying period for settlement to 15 years for those in the Skilled Worker and Health and Care routes in a role below RQF level 6 (this includes care workers and senior care workers).
Introducing a “No Recourse to Public Funds” (NRPF) condition at settlement, aligning with existing visa conditions.
Earned settlement criteria, requiring migrants to demonstrate sustained good conduct, contribution, and integration rather than automatic entitlement after a fixed period.

The considerations informing the redesign of settlement will be based on four core pillars, designed to ensure that applicants make a meaningful contribution to UK society and meet clear, measurable standards. These four core pillars will be: Integration, Contribution, Character and Residence.

3. What does ‘settlement’ mean and how is it changing?

Settlement refers to a person’s right to live in the UK permanently without any immigration restrictions. It is also known as Indefinite Leave to Remain (ILR).
The 2025 UK Immigration White Paper, Restoring Control over the Immigration System, introduced significant reforms to how migrants can settle in the UK.
Settlement used to be granted, mainly based on a qualifying time in the UK. Migrants will now need to earn settlement by demonstrating sustained good conduct, contribution and integration.
Currently, someone working here on a skilled migrant visa, can apply for settlement after 5 years of being here. The proposal is for this to increase to 10 years, and application will only be possible for those who:

Have a clean criminal record
Speak English to a high standard
Make a measurable economic contribution
Have no Debt in this country

For people who are considered low-skilled/ low wage- including those who arrived on Health & Care visas, the settlement period is proposed to be 15 years (on the basis that this group represent significant fiscal costs to the UK, including high levels of dependents)
Earlier settlement could be achieved for an outsized contribution to national life. The proposal describes examples of this such as high talent, high taxpayer, level of seniority in public services, and/or volunteered extensively in communities.
Settlement will be quicker for spouses/dependents of British citizens, British nationals (overseas) from Hong Kong.
It is proposed to delay settlement for those who contribute less to our public life. By this, the proposal describes people who:
1. have claimed benefits
2. have entered illegally
There is a proposed 20yr settlement pathway for refugees (who will remain on core protection support).
The Consultation is interested to hear specific views on settlement for:

Children
Members of armed forces
Victims of certain crimes

In addition to proposing changes to those who qualify for settlement, and the period that they will have to wait to settle, this consultation considers the rights provided to those given settled status. Specifically, there is a proposal that welfare benefits should not be available to those who have settled status but reserved for those with British citizenship.
The proposed changes to settlement will apply to everyone in the country today who does not already have indefinite leave to remain.
Those with settled status will retain this. Migrants who are here as part of the EU Settlement Scheme, the Windrush Scheme, or the pathway to settlement for children in care/care leavers are out of scope of this consultation.

4. Engaging in the consultation:

The government consultation is open until 12^th February 2026 and you can participate here: Earned settlement - GOV.UK. The full detail of the consultation can be found on line, but in summary, the consultation focusses on three areas:

increasing the baseline qualifying period for settlement to 10 years
increasing the qualifying period for settlement to 15 years for those in the Skilled worker route in a role below RQF level 6 (equivalent to a bachelor’s degree), and
implementing a No Recourse to Public Funds (NRPF) condition at Settlement.

The Home Office has committed to further engaging across government and with the health and care sector on the consultation and proposed changes and have said that they will provide further details on this in due course.