On Monday, 2 November 2026, Home Secretary Shabana Mahmood confirmed that the standard wait for indefinite leave to remain (ILR) will double from five years to ten. Under the new "earned settlement" model, how quickly you can settle will depend on what you earn, the work you do and your immigration history, not simply how long you have lived here.
The announcement ends nearly nine months of uncertainty since the consultation closed in February 2026. Over 200,000 people responded, and the government has published its formal response, A Fairer Pathway to Settlement (CP 1707). In her words to the Commons: "Settlement should not be automatic. It should be earned."
If you hold a Skilled Worker, Health and Care Worker, family or protection visa, or you sponsor overseas staff, this affects you. Below, we explain what has been confirmed, who is protected, and what we recommend you do now.
The new pathways at a glance
The ten-year route becomes the default for most migrants, with faster routes for higher earners and key public service workers, and a longer route for those with immigration breaches or recent reliance on public funds.
• 3 years: for exceptional contributors earning £125,141 or more for three years (or three of the last four), or those entering through the Highest Talent Group.
• 5 years: for higher earners on £50,271 or more for three of the last five years, people who have worked for five years in an eligible healthcare or education role such as doctors, nurses and teachers, and those with a British connection.
• 10 years: the new standard route for everyone else, with earnings of at least £12,571 in five of the previous seven years.
• 20 years: for those with a qualifying immigration breach or recent use of public funds, with the same £12,571 earnings requirement.
The faster routes are closed to anyone who has accessed public funds in the last five years or committed a qualifying immigration breach. Families will be able to settle together, and couples can pool their income towards the earnings requirement. Several proposals in the original consultation have been dropped, including a 15-year route for lower-skilled roles and time reductions for volunteering or C1-level English.
The baseline everyone must meet
Whatever your route, every settlement applicant will need to clear four non-negotiable requirements:
• No criminal record (overseas convictions for conduct that would be an offence in the UK can also count)
• English to a high standard, with B2 now the single benchmark
• No unpaid debts to the UK taxpayer, such as NHS charges or asylum support costs
• At least three years of National Insurance contributions
The B2 English requirement is already written into the Immigration Rules for settlement applications made on or after 26 March 2027. If you are approaching settlement, we strongly recommend booking an approved English test well in advance.
A reprieve for care workers
The biggest change from the original proposals is for social care workers. Around 250,000 people and their dependants arrived on, or switched into, the care route between 2022 and 2025, and the government has created transitional protection for them.
• If you have complied with your visa conditions, including earning at least £25,000 a year in the sector, you keep your existing five-year route to settlement.
• If you have not met those conditions, often because of a non-compliant or rogue sponsor, you can apply for a further five-year care visa that is not tied to your old employer. The government says it will help you find a legitimate provider and give you longer to do so before your current visa is curtailed. You can then apply for settlement at the end of that visa.
• The same transitional arrangement applies to certain public sector workers in healthcare and education roles identified by the Migration Advisory Committee, such as auxiliary nurses.
These protections only apply to people who joined the relevant routes before the Immigration White Paper was published in May 2025. Anyone arriving after that date will be on the new rules.
Who keeps their current route
The Home Secretary confirmed that several groups will see no change to their path to settlement:
• Hong Kong British Nationals (Overseas)
• Members of the armed forces
• People with a British connection (the full definition is awaited in the Rules)
• Those on legacy routes, including Windrush
If you are unsure whether you fall into one of these groups, it is worth getting advice before your next extension. The exact wording of the Immigration Rules will matter.
Refugees: a sharp divide by route of arrival
The changes for those granted protection are the most far-reaching. How long a refugee waits will now depend heavily on how they arrived and whether they move into work or study.
• 5 years: refugees who arrive through a safe and legal route, such as the UK Resettlement Scheme.
• 10 years: refugees granted protection in the UK who move into sustained work, education or training.
• 20 years: refugees granted protection in the UK who are not in work or study.
• 20 years: those who entered illegally, for example by small boat, and are in work or study.
• 30 years: those who entered illegally and are not in work or study.
The extra ten years for illegal entry will not apply where Article 31 of the Refugee Convention applies. Refugees will also need B2 English and to pass the Life in the UK test, and to repay any asylum support costs where required. The government has stressed that protection itself continues for as long as it is needed.
What it means for employers and sponsors
For sponsors, earned settlement changes the long-term economics of overseas recruitment. Most sponsored workers earning under £50,271 will now need to stay on temporary visas for ten years rather than five, so you should plan for more extensions, more Certificates of Sponsorship and the associated costs over a longer period.
Salary now affects how quickly your staff can settle, which is likely to become a factor in recruitment and retention. Accurate payroll records will matter more than ever, because a worker's earnings history will directly determine their route.
Compliance remains firmly in focus. The government says it has already revoked around 1,800 sponsor licences held by exploitative employers, and care workers will be free to move away from non-compliant sponsors. If your licence has not been reviewed recently, now is a good time to check your record-keeping, right to work checks and reporting duties.
When will this happen, and what should you do now?
Nothing has changed in law yet. The Home Secretary told MPs the changes will begin to be laid in the December Immigration Rules and will be implemented over the course of 2027, with impact assessments and detailed guidance to follow.
Crucially, the government has confirmed that settlement rules are applied at the date a decision is made, not the date you arrived. That means timing could make a significant difference to your case. We recommend that you:
1. Check now whether you already qualify for ILR under the current rules, and if so, consider applying before the new rules take effect.
2. Review your earnings history against the £50,271 and £12,571 thresholds.
3. Book a B2 English test early if you are approaching settlement.
4. Make sure any NHS debts or other sums owed to the government are cleared.
5. If you are a care worker whose sponsor has not complied, get advice on the new five-year care visa as soon as details are published.
Speak to UVS Law
We advise individuals, families and employers across the full range of UK immigration matters from our offices in the Midlands and London. If you are unsure how earned settlement affects you or your workforce, contact us for a free initial assessment.
Call 0330 1337 986, email info@uvslaw.co.uk or visit uvslaw.co.uk.
This article is general information based on the Home Secretary's statement and the government response published on 2 November 2026. It is not legal advice, and the detail may change when the Immigration Rules are published.
Sources
• Earned settlement: Home Secretary's statement to the House of Commons, GOV.UK, 2 November 2026
• A Fairer Pathway to Settlement: Government Response to the Consultation (CP 1707)
