Home Office Consultation on Earned Settlement

The Home Secretary has today opened a consultation on reforms to the existing settlement system for migrants. The core document outlining the proposed changes, titled "A Fairer Pathway to Settlement: statement and accompanying consultation on earned settlement", was published today with a consultation period due to last until 12:59 on 12 February 2026. Anyone who wishes to participate in this consultation may submit a response via the Home Office's website.

What is earned settlement?

The new earned settlement model would involve applicants demonstrating good conduct, contribution, and integration to earn settlement after specific qualifying period calculations are applied to their individual circumstances. Currently, applicants seeking to settle must complete the qualifying period of their route (typically 3, 5 or 10 years) and satisfy the English language and life in the UK requirements.

The main changes concern an increase in the current qualifying period for settlement across various routes. Most migrants would see an increase from 5 years to 10 years. This baseline period may then be increased if certain factors apply, or reduced based on contributions to the UK economy and society, as part of their earned settlement process. Crucially, only one of the factors listed below will be applied in any single application. This factor will be the one that results in the largest reduction and/or increase to the applicant.

Factors that will reduce the baseline qualifying period

Integration

• The baseline qualifying period will reduce by 1 year where the applicant has competency in English language at C1 Level under CEFR.

Contribution

• Will reduce by 7 years where the applicant has earned a taxable income of at least £125,140 for 3 consecutive years immediately prior to their settlement application. This is in line with the current additional rate of income tax.

• Will reduce by 5 years where:

  • The applicant has earned a taxable income of £50,270 for 3 years prior to their settlement application. This is in line with the higher rate of income tax.

  • The applicant has been employed in a specified public service occupation for 5 years.

• Will reduce by 3-5 years where the applicant has worked in the community (e.g. by volunteering).

  Volunteering has been defined as "any activity that involves spending time, unpaid, doing something that aims to benefit someone else (other than close friends or relatives), the community or the environment."

Entry and Residence

• Will reduce by 5 years where the applicant holds a type of permission as the parent, partner or child of a British citizen and meets the core family requirements.

• Will reduce by 5 years where the applicant holds permission granted under the British National Overseas route.

Factors that will increase the baseline qualifying period

Contribution

• The baseline qualifying period will increase by 5 years where the applicant has been in receipt of public funds for less than 12 months during their route to settlement.

• The baseline qualifying period will increase by 10 years where the applicant has been in receipt of public funds for more than 12 months during their route to settlement.

Entry and Residence

• The baseline qualifying period will increase by 20 years in any of the following circumstances:

  • The applicant arrived in the UK illegally (e.g. via small boat or as a clandestine).

  • The applicant arrived in the UK as a visitor.

  • The applicant overstayed permission for 6 months or more.

Increased Settlement Period for Roles below RQF Level 6

From 22 July 2025, the eligible occupations list was tightened to align with Regulated Qualifications Framework (RQF) Level 6 - equivalent to a bachelor's degree. This level indicates the specific job itself, not the academic qualifications necessarily required by the worker. The remaining roles eligible below RQF Level 6 were then placed in the Temporary Shortage List or Immigration Salary List.

While applicants on the Skilled Worker route would face the increased 10-year baseline qualifying period, those in a role below RQF Level 6 could face a further 5 years on top of that.

Removal of Long Residence Settlement

Another proposed change will see the end of the long residence route to settlement. This route currently allows applicants to settle upon 10 years of lawful residence made up of different eligible routes. The existing system would allow a person who has had permission as a student, graduate, and skilled worker to settle, despite the first two routes not leading to settlement, and the skilled worker route containing a 5 year route to settlement. Those who would have been eligible to apply under the long residence route would instead have to rely on the same settlement factors above to reduce their qualifying period.

Settlement on the Global Talent and Innovator Founder visa

There are no material changes outlined for applicants on the Global Talent or Innovator Founder routes. The existing 3 year continuous residence period for both of these routes will continue to operate in the form of a 7 year reduction, subject to the mandatory requirements. Dependants on these routes could also benefit from a 5 year reduction.

Will these changes impact those already on a route to settlement?

Transitional measures can accompany major reforms to the Immigration Rules, giving applicants the benefit of additional time to continue on their original route. The government has not confirmed whether any such arrangements will be guaranteed for those who are nearing settlement. However, those with pre-settled or settled status under the EU Settlement Scheme (EUSS) and settlement for applicants under the Windrush Scheme will not be affected by the earned settlement proposals.

---

If you are unsure whether these proposals could impact your route to settlement or want to discuss how to navigate these changes should they come into effect, contact us today for expert advice.