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‘Earned settlement’ and further proposed changes to UK Immigration

‘Earned settlement’ and further proposed changes to UK Immigration

It seems the changes to UK immigration policies in summer were just the beginning, as the Home Office has decided to gift us with an early Christmas present of further changes: some that have been recently implemented and those due to be implemented early next year. This was also echoed by the Home Secretary in the foreword of the latest consultation document, A fairer pathway to settlement: “it is clear the pace and scale of migration in this country has not just been unprecedented but also destabilising”.  

‘Earned settlement’ 

On Thursday 20 November, the Home Office released a policy document outlining the proposed framework of ‘earned settlement’ ahead of the government consultation. Most requirements outlined are subject to consultation. The consultation is open until 12 February 2026 and the intention is to implement the changes in the April 2026 Statement of Changes.  

WHO IS NOT AFFECTED? 

Individuals with pre-settled or settled status under the EU Settlement Scheme will not be affected by these changes. This also applies to applicants with permission as the parent/partner/child of a British citizen that meet the “core family requirements”, unless there are factors that could increase the qualifying period i.e. use of public funds/criminal convictions.  

10-year baseline to settlement 

The proposed baseline for settlement in the UK for all other individuals will be 10 years, and there will be a set framework of minimum requirements that someone applying for settlement will be required to meet. Aside from the “contribution” dimension, these are not subject to consultation. The requirements (subject to consultation) are as follows: 

  • Suitability: Must meet the general grounds of refusal found in the new Part Suitability section of the Immigration Rules. Must not have any current litigation, NHS, tax or other government debt. 
  • Integration: Must meet the English requirement at level B2 and pass the Life in the UK test. 
  • Contribution: Must have made National Insurance contributions by way of an annual salary or income of over £12,570, held for three to five years (this is currently subject to consultation).  

Factors that can reduce the minimum settlement period 

Where an individual may qualify for more than one reduction, the qualifying period will only be reduced by the larger figure, meaning the below factors cannot be combined.  

Separately, it is worth noting that there are also factors that could increase the individuals qualifying period i.e. receiving public funds – five/10-year increase; overstaying: 20-year increase.  

Will these proposed changes have a retrospective or retroactive effect? 

One of the worries for those already in the UK is whether these changes will apply to them, or whether they will only apply to people coming to the UK after these changes take effect. 

Unfortunately, we have no clarity on this yet. The policy states that it will apply to all immigrants, including people already in a route to settlement, but it also states that the consultation will look at whether to introduce transitional provisions for people already in a route to settlement and if so, what they should look like. 

A summary of further updates to UK Immigration 

If you have any questions in relation to any of the above, please get in touch with our immigration lawyers. 

AUTHORS

Sasha Lal Associate

Sasha is a private client lawyer who specialises in all aspects of UK immigration work.

Sasha is a private client lawyer who specialises in all aspects of UK immigration work.

Sasha’s work focuses on both business and personal immigration matters. Her work ranges from assisting companies with obtaining sponsor licences, advising on how individuals can work in the UK and providing advice on the prevention of illegal working and the compliance duties of a sponsor licence holder. In addition, Sasha’s clients tend to require her to solve complex immigration matters and therefore she has a deep knowledge of various immigration categories, to name a few: the EU Settlement Scheme, Global Talent route, Indefinite Leave to Remain, and British Nationality. She also acts for clients that have received refusals of their applications which in turn require appeals or judicial review proceedings.

Sasha acts for a wide range of clients which are both businesses and individuals within theatre, media and entertainment, sport and financial services industries. Sasha also advises startup businesses, ultra high net worth and high net worth individuals. Sasha was admitted as a solicitor in 2021 and is a member of the Immigration Law Practitioners’ Association.