The UK Government has published and now opened its consultation on the proposed changes to the new ‘Earned Settlement’ ILR (also referred to as Indefinite Leave to Remain) system. The changes were first trailed in the Immigration White Paper (Restoring Control over the Immigration System) in May 2025.
- The consultation is open to individuals and organizations to submit responses until 11:59 PM on February 12, 2026. The Home Secretary said on November 20, 2025 that the intention is to start implementing the changes in the April 2026 statement of changes.
- The consultation document is called “A Fairer Pathway to Settlement: A statement and accompanying consultation on earned settlement” – Home Office consultation template.
- Note that the consultation includes a question about transitional arrangements for those already in the UK (page 49, Question 3). This specific question will give respondents the chance to select the option that best reflects their view on whether temporary measures should be introduced to ease the impact of the new rules for individuals already in the UK and on an existing pathway to settlement.
The consultation sets out a major overhaul of the settlement framework. If implemented, this would be the most significant change to the settlement rules in memory as settlement timelines will increase dramatically. The government plans to introduce a new “Earned Settlement” model where ILR depends on contribution, integration, character and residence.
Proposals
- 10-year baseline qualifying period for most economic migrants.
- 15 years for lower-paid workers (e.g. Health & Care Workers).
- 20 years for migrants who rely on benefits.
- 20 years for recognized refugees.
- Up to 30 years for illegal migrants and overstayers.
Tiered System
- Fast track for high earner migrants (annual income exceeding GBP 125,000), Entrepreneurs, Global Talent and Innovator Founder visa holders could settle after 3 years.
- 10 years (standard) for most other Skilled Workers and migrants.
- Doctors and nurses working in the NHS and those earning between GBP 50,000 and GBP 125, could settle after 5 years.
Other Routes
- BN(O) and immediate family members of British citizens retain the 5-year route.
- Those who hold EU Settled Status (ILR) will not be affected.
Who will be affected?
The proposals are intended to apply to almost 2 million people who arrived from 2021 onwards.
Transitional Arrangements
- The Government will consult on transitional rules, but they intend that anyone who has not yet been granted settlement when the new model goes live will move to the new “Earned Settlement” based system.
- This means many migrants currently expecting to qualify for ILR after 5 years may face a much longer wait once the rules change (it remains to be seen if this would be legal, we expect there to be plenty of challenges).
Criminality and Integration Requirements
- Higher English language requirements, clean criminal records, and stronger integration expectations (such as volunteering) could become part of the new criteria.
- Benefits access may also be restricted until after British Citizenship is obtained.
What does this mean for employers and individuals?
- This is a major shift in long-term planning for Skilled Workers, companies sponsoring employees, and anyone currently partway through a route to settlement. Costs will increase for many as sponsorship will be required for a longer period but could be reduced for those sponsoring high earners as they may obtain it quicker.
- There will be a consultation period, and details may change, but individuals on existing routes should prepare for potentially longer qualifying periods unless transitional protection applies.
Erickson Insights & Analysis
Despite the announcement on November 20, nothing has changed yet. The UK Immigration rules remain unchanged for now as these rules are not yet in force. This consultation offers a key opportunity to help shape the final policy at the consultation survey online at: https://www.gov.uk/government/consultations/earned-settlement. If an alternative format is required, please contact: earnedsettlementconsultationqueries@homeoffice.gov.uk.
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is 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.