On November 2, 2026, the Home Secretary made a statement in the House of Commons concerning the government’s proposed “earned settlement” rules. The government also released its response to the consultation on the proposals, which closed in February 2026.
The reforms are largely in line with those set out in the November 2025 consultation. However, the government has set out a new deal for care workers. Those who met their visa conditions and earned at least GBP25,000 a year will be able to settle after 5 years.
Those who do not qualify for 5-year settlement will be offered a second chance to contribute through a new 5-year visa. They will be able to apply for settlement only once it has been completed. A similar approach will apply to public service workers in healthcare and education who arrived during the same period.
The starting point for settlement will increase from 5 to 10 years. Individuals will be able to qualify sooner where they make a sustained contribution to the UK, while those who break the law or immigration rules may face a longer route or be unable to settle at all.
The highest earners (GBP125,141 per year) and those in high talent routes will be able to settle within 3 years.
Those earning more than GBP50,271 per year and some public service workers – like doctors, nurses and teachers – will be able to settle after 5 years.
Anyone seeking settlement, regardless of when they arrived in the country, will first need to meet four non-negotiable conditions:
- a spotless criminal record (up from the current threshold of a 12-month suspended sentence)
- English spoken to a high standard (equivalent to A-Level English as a foreign language)
- no debt owed to the taxpayer
- a record of sustained National Insurance contributions
Those who have breached immigration rules will only be able to settle after at least 20 years, and those who have claimed benefits must have had 5 continuous years without claiming before they make their settlement application.
Hong Kong British Nationals Overseas, members of the armed forces, those with a British connection and those on legacy routes such as Windrush, as well as some other groups, will stay on their current path to settlement.
The proposals do not apply to certain groups, including those on the EU Settlement Scheme and Turkish businesspeople and workers.
Refugees on Home Office-approved routes will be able to settle after 5 years. Others will settle at 20 years, reduced to 10 years for those who work or study. Anyone who arrived by small boat, or another clandestine means of entry, will face an additional 10-year waiting period – meaning they could wait up to 30 years for settlement.
The next step will be to translate the framework into detailed rules and operational arrangements. Before implementation, the government will publish further technical guidance and a full impact assessment.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news becomes available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.