Earned settlement update: what the 2 November 2026 Government response means for your ILR
On 2 November 2026 the Government published its response to the earned settlement consultation (CP 1707) and confirmed how indefinite leave to remain (ILR) will work in future. The default wait for settlement will rise from 5 to 10 years, with shorter paths for higher earners and some public service workers and longer ones for people who break the rules. But the Immigration Rules have not changed yet. Here is what was announced, who is affected and what it means if you are close to applying.
Key takeaways
- Nothing has changed yet. As at 8 November 2026 no Statement of Changes to the Immigration Rules has been laid to bring in earned settlement, and the Government has not given a start date. The current ILR rules still apply.
- 10 years will be the new default. Earnings of at least £50,271, eligible health and education jobs and a British family connection keep a 5-year path. The highest earners (at least £125,141) and the highest talent group can settle after 3 years.
- Breaking the rules will cost time. A qualifying immigration breach committed as an adult means at least 20 years, and any criminal record in the UK means refusal for adult applicants.
- Rules apply at the date of application. Apart from targeted transitional arrangements for some care, health and education workers who arrived before May 2025, people already in the UK will be assessed under the rules in force when they apply.
What did the Government announce on 2 November 2026?
The Home Secretary, Shabana Mahmood, set out the final policy in a statement to Parliament on 2 November 2026. The same day the Home Office published the Government response A Fairer Pathway to Settlement (CP 1707), a press release and the detailed consultation findings.
The consultation, launched in November 2025, received 204,667 responses. The Government kept its central principle, that settlement should be earned rather than granted for time spent in the UK, but changed several proposals. The 15-year path once proposed for jobs below RQF level 6 has been dropped in favour of the 10-year default, and volunteering will not shorten the wait.
Is ILR now 10 years?
Not yet. The response is a policy document, not law. The Government says it will now turn the framework into detailed rules and will publish further technical guidance and a full impact assessment before implementation. The latest Statement of Changes to the Immigration Rules is HC 584 of 3 September 2026, which does not introduce earned settlement. Until new rules are laid and come into force, the current qualifying periods, usually 5 years on work and partner routes and 10 years for long residence, continue to apply.
How long will settlement take under earned settlement?
Under the framework in CP 1707 (Table 1, Chapter 2), the wait will depend on contribution and conduct:
| Qualifying period | Who it is for |
|---|---|
| 3 years | Earnings of at least £125,141 (the additional rate of income tax) in 3 of the last 4 years, or the highest talent group, which the Government says is subject to review after a Migration Advisory Committee report |
| 5 years | Earnings of at least £50,271 (the higher rate of income tax) in 3 of the last 5 years; 5 years in an eligible health or education occupation, such as doctors, nurses, teachers and social workers; or a recognised British connection |
| 10 years | The new default: earnings of at least £12,571 in 5 of the 7 years before applying, plus all mandatory requirements |
| 20 years | People who have committed a qualifying immigration breach as an adult, or who have accessed specified public funds in the 5 years before applying |
The earnings thresholds are tied to income tax and National Insurance thresholds, so they will move if those thresholds change. The “best years” approach means a period of maternity leave, caring or illness does not automatically push someone onto a longer path. Couples can combine their earnings to meet the minimum contribution: the household threshold is £25,142.
Refugees will follow separate pathways of 5, 10, 20 or, after illegal entry, up to 30 years, set out in Chapter 7 of the response.
What are the mandatory requirements for ILR?
According to the Home Office announcement, everyone seeking settlement, regardless of when they arrived, will first need to meet 4 non-negotiable conditions:
- A clean criminal record. Any adult with a criminal record in the UK will be refused, including suspended sentences, conditional cautions, court fines and community sentences. Under the current rules, refusal is mandatory mainly for sentences of 12 months or more.
- English at B2 level, equivalent to A level in a foreign language, with the existing exemptions for age and disability.
- No debt to the Government, including NHS charges, unpaid tax and National Insurance, and litigation costs owed to the Home Office.
- A record of sustained National Insurance contributions, shown through the earnings thresholds above.
Applicants will also still need to pass the Life in the UK test, with the existing exemptions. Separately from earned settlement, the B2 English requirement is already in the rules for most ILR applications made on or after 26 March 2027 (HC 1691, 5 March 2026).
What does it mean for Skilled Workers?
Skilled Workers earning at least £50,271 in 3 of the 5 years before applying keep a 5-year path. Doctors, nurses, teachers and other public sector health and education professionals on national pay scales also qualify after 5 years, even if they earn less than £50,271. Most other Skilled Workers will move to the 10-year default. Workers in roles below RQF level 6 who joined the route before April 2024 under the old salary thresholds will be able to extend their visas on their current terms until 2035, instead of 2030.
For employers, a longer path means sponsoring many workers for longer. Reviewing which sponsored workers already meet the current ILR requirements is a sensible first step.
Will the new ILR rules apply to people already in the UK?
Yes, in most cases. The Government’s position is that settlement rules apply at the point of application, not at the point of arrival. As CP 1707 puts it, unless transitional provisions are made, applications are ordinarily decided under the rules in force on the date of the decision. There is no general protection for everyone who arrived on a 5-year route.
The response does set out targeted, one-off transitional arrangements, which apply only to people who entered or switched into the route before the Immigration White Paper was published in May 2025:
- Care workers who met their visa conditions and earned at least £25,000 a year keep the 5-year path. Those who do not qualify after 5 years can apply for a further 5-year Health and Care visa, not tied to their old employer.
- Health and education workers below RQF level 6 on national pay scales, such as nursing auxiliaries and teaching assistants, keep a 5-year route if they meet the requirements of their visa.
Everyone, including those with transitional protection, will need to meet the strengthened minimum requirements, such as the criminality rule and B2 English, unless an exemption applies.
Who keeps their current path to settlement?
The Home Office confirmed that settled status will never be removed from anyone who already holds it. The following groups keep their current pathways, although most will still need to meet the new criminality and English requirements:
- partners, parents and children of British citizens, and UK Ancestry visa holders: 5 years as a “British connection”;
- Hong Kong British Nationals (Overseas): 5 years;
- members of HM Armed Forces, their partners and children;
- Windrush, the Afghan schemes, bereaved partners and victims of domestic abuse.
The EU Settlement Scheme is not affected. A partner who arrived with the main applicant can settle at the same time, and children under 18 can settle with their parents.
Does time on a Student or Graduate visa still count?
Under the new framework, no. The 10-year Long Residence route will close, and time on temporary routes, including Student, Graduate, Global Business Mobility, Youth Mobility and the Ukraine schemes, will not count towards settlement. Until the change takes effect, the current Long Residence rules continue to apply.
When will the new ILR rules come into force?
There is no date. Neither CP 1707 nor the Home Secretary’s statement gives an implementation date, and the Government says detailed guidance for some vulnerable groups will follow next year. New rules have to be laid before Parliament in a Statement of Changes, which normally sets out when each change takes effect and any transitional provisions. We are monitoring the Statements of Changes and will update this article when the rules are published.
What should you do now?
Until the new rules come into force, the current rules apply. If you are already eligible for ILR, we recommend that you do not delay your application.
To see when your qualifying period ends and whether your trips abroad stay within the 180-day limit, use our free ILR calculator. It takes a couple of minutes and does not ask for your name or contact details. If you are close to the date, have long absences, gaps in your status or a past immigration issue, our ILR lawyers can check your position before you apply. For the background to the reforms, see our earlier analysis of the emerging earned settlement framework.
FAQ
When will the new ILR rules be implemented?
No date has been announced. As at 8 November 2026 no Statement of Changes introducing earned settlement has been laid before Parliament.
Will the new ILR rules apply retrospectively?
The Government says settlement rules apply at the date of application, so people already in the UK will generally be assessed under the rules in force when they apply. Transitional arrangements cover some care, health and education workers who arrived before May 2025.
Can I still apply for ILR after 5 years?
Yes, while the current rules remain in force. After the change, a 5-year path will remain for people earning at least £50,271, eligible health and education workers, people with a British family connection and Hong Kong BN(O) visa holders.
Is ILR changing to 10 years for Skilled Workers?
For many, once the new rules take effect. Skilled Workers earning below £50,271 who are not in an eligible public service occupation will move to the 10-year default.
Does time on a Student or Graduate visa count towards 10-year ILR?
Today it can count towards 10 years’ long residence. Under earned settlement the Long Residence route will close and temporary routes will not count.
Will people with ILR or EU settled status lose it?
No. The Government has confirmed that settled status will never be removed from anyone who already holds it, and the EU Settlement Scheme is not affected by the reforms.
Author: Halyna Semchak, Senior Immigration Lawyer, regulated by the Immigration Advice Authority at Level 2 (Immigration, Asylum and Protection). Written and checked against the Government sources in November 2026.
This article is general information about the Government’s announcement as at 8 November 2026. It is not legal advice on your individual circumstances.
Sources: A Fairer Pathway to Settlement: Government response to the consultation (CP 1707, November 2026); Home Office: Home Secretary unveils new rules for migrants settling in the UK (2 November 2026); Home Secretary’s statement on earned settlement (2 November 2026); Earned settlement: consultation findings (2 November 2026); Immigration Rules: statements of changes.
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