‘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

New UK immigration rules now in force: key takeaways

Today marks another significant change to the UK immigration rules. On 1 July 2025, the government released a ‘Statement of Changes’ to the immigration rules that take effect today, 22 July 2025.

This has given little time for individuals and companies to not only understand the changes, but to also ensure that they submit the relevant applications required prior to the changes being implemented. These changes are extremely significant for sponsored employees and companies that maintain a Sponsor Licence or intend to obtain a Sponsor Licence to employ future migrant employees.

Skilled Worker

The ‘Skilled Worker route’ allows employers to sponsor individuals that are from overseas to work in the UK, provided they meet certain requirements. Over the past few years, the government has continued to make changes to this route, particularly to the salary thresholds and the skills threshold. Given these changes, the rules have become needlessly complex and difficult to comprehend, and today’s changes have not helped the situation.

The general salary threshold for those that are applying for leave to enter the UK as a Skilled Worker or for ‘Leave to Remain’ in the UK have increased. A summary of the difference in threshold pre 22 July 2025 to present can be seen below:

Please note that if applying for settlement in the UK, the general threshold for Options A-D have also been increased to the new general threshold post 22 July 2025.

Changes to Skilled threshold

In order to assess if an individual’s role is eligible for sponsorship by an employer, the employer is required to review the role against a list of occupation codes that are provided by the Home Office as a guideline. This list is accessible and known as the Appendix Skilled Occupation List. Currently, this list incorporates RQF level 3-6 roles. However, as of today (22 July 2025), 180 occupation codes will be removed from this list, including those that are RQF level 3-5, and only RQF level 6 roles will remain. There is, however, an Immigration Salary List that provides a list of jobs where a reduced salary threshold applies to Skilled Worker visa applications. This list will remain until 31 December 2026 and will include RQF level 3-5 roles. There will also be a new list that will be known as the ‘Temporary Shortage List’ which will be reviewed regularly by the government and will only be in place until 31 December 2026. Roles listed here will be within RQF level 3-5 but can be removed at any time.

There are transitional arrangements for individuals that are already in the UK with leave as a Skilled Worker or who have applied to this route with a Certificate of Sponsorship (CoS) before 22 July 2025. Those that are in an occupation code that no longer forms part of the new ‘RQF Level 6 Occupation List’, but are performing roles that are in RQF level 3-5 roles, can remain employed in the UK, with the option to switch or change employers. There are, however, certain roles that are RQF level 3-5 whereby the individual must continue to work for the same sponsor.

6135 Care Workers and home carers and 6136 Senior Care Workers

Sponsored employers can no longer sponsor such individuals from overseas. Transitional provisions apply to those already in the UK under these occupation codes.

Dependants

As of today, those that are being sponsored within an RQF level 3-5 role will not be able to bring their dependant partner or child to the UK. However, if you are already in the UK with permission as a Skilled Worker within the RWF level 3-5, you can continue to extend your dependants leave or apply for ‘Indefinite Leave to Remain’. Note that there are some exceptions that apply to children.

Other working routes

The Global Business Mobility Routes (GBM) and ‘Scale Up route’ will also see changes to the minimum salary threshold:

  • for a senior or specialist worker from £48,500 per year to £52,500
  • for a graduate trainee from £25,410 per year to £27,300
  • for a UK expansion worker from £48,500 to £52,500
  • ‘Scale Up route’ from £36,300 to £39,100

How do these changes affect the creative industries?

The theatre industry will be significantly impacted by these changes, particularly theatre companies who sponsor actors, writers, musicians and dancers.

Starting today, employers intending to sponsor a dancer as a Skilled Worker can only do so temporarily until 31 December 2026. This applies to skilled classical ballet dancers or skilled contemporary dancers who meet the standards required by internationally recognised UK ballet or contemporary dance companies.

Therefore, post 31 December 2026, such individuals will be required to be sponsored under the ‘Creative Worker route’. This creates restrictions on theatre companies that may require the individual to be in the UK on a long-term basis due to the Creative Worker Visa only allowing someone to be sponsored for two years at a time, meaning the visa will continually need to be renewed.

Interestingly, actors, entertainers and presenters have been removed from the occupation list completely, and those already in the UK as a skilled worker under this code will only be eligible to extend their leave in the UK. Individuals from overseas will no longer be eligible to apply under the ‘Skilled Worker route’.

Further proposed changes

If the above is not enough to get your teeth stuck into, we should say that this is not the end of the proposed changes to UK immigration rules. The government are set to provide an update regarding the following:

  • Earned settlement and citizenship: The government is proposing to extend eligibility to settlement from five years to 10 years for more work routes. Exemptions may apply to those that are able to demonstrate contributions to the UK economy.
  • Study routes and graduate routes: Reforms are set to tighten the student and graduate routes aiming to prevent these pathways from being used as a means to settle in the UK. While changes to the graduate route are still under review, the proposed reforms include reducing the duration of stay under the graduate route from two years to 18 months, with the possibility of additional restrictions being implemented.

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