Earned Settlement Consultation Closes: Impact for ILR Applicants

earned settlement consultation closes

IN THIS ARTICLE

The Home Office consultation on the proposed earned settlement reforms closed on 12 February 2026. Around 130,000 responses were submitted. Ministers will now analyse those responses before publishing a formal government response and laying a Statement of Changes to the Immigration Rules.

No law has changed yet. The current five-year and ten-year routes to indefinite leave to remain remain fully in force. However, the government has signalled a clear intention to move towards a longer, contribution-based settlement framework.

For people planning to move to the UK, or already here on a temporary route, this development carries practical consequences.

 

What Is Being Proposed?

 

Under the current proposals, a new earned settlement regime would increase the standard qualifying period for settlement from five years to ten years for most routes. The Government has stated that the baseline extension is a policy intention, with consultation focused on design rather than principle.

The new rules would see settlement depend not only on lawful residence but also on meeting mandatory conditions linked to character, integration, earnings and immigration compliance.

The consultation outlines:

 

  • A ten-year baseline qualifying period for most applicants.
  • Income-linked reductions for sustained high earners.
  • Illustrative longer timelines for roles below RQF level 6.
  • Possible extensions where there has been public funds use or immigration breaches.
  • A higher English language requirement at B2 level.
  • A minimum earnings condition assessed using HMRC data.
  • The potential removal of the stand-alone ten-year long residence route.

 

Following the consultation, these elements will be considered by the Government in finalising the change in rules.

 

Impact on People Already in the UK

 

This remains the most sensitive issue. The Home Secretary has confirmed that settlement applications are assessed under the Immigration Rules in force at the date of application, not the date of entry. That has long been the legal position.

In practical terms, this means that if new Rules are introduced, they could apply to individuals who are already partway through a five-year route, unless transitional protections are introduced. The consultation asked directly about transitional arrangements, but no final position has yet been announced.

Those who already hold indefinite leave to remain will not be affected. The government has also indicated that the proposals do not affect status under the EU Settlement Scheme or the Windrush scheme.

 

Impact on Future ILR Applicants

 

If implemented broadly as outlined, the reforms would lengthen the path to permanent residence for most applicants.

A longer qualifying period affects long-term planning. It changes when families may settle together. It increases the number of visa extensions required before reaching settlement. It extends the period during which strict compliance with visa conditions is essential.

The proposed mandatory conditions would also increase scrutiny at settlement stage. Applicants may need to demonstrate:

 

  • A higher level of English.
  • Sustained earnings above a defined threshold.
  • No outstanding public debts.
  • A clean compliance and conduct history across the qualifying period.

 

High earners may benefit from income-linked reductions under the proposed model. However, even accelerated timelines would still require full compliance with suitability and integration requirements.

For roles skilled below RQF level 6, the consultation includes examples of longer timelines. Public funds use is also shown as potentially extending the qualifying period, depending on duration and circumstances. These examples are illustrative, but they indicate a stronger link between settlement and economic contribution.

 

What Happens Next?

 

The consultation has now closed and the next stage will determine how far the final design alters the route to permanent residence in the UK.

If you are considering moving to the UK on a work or family route, you should plan on the basis that the pathway to settlement may extend to ten years unless accelerated provisions apply.

If you are already in the UK and approaching five years’ residence under the current framework, you may wish to review your eligibility and take advice on timing before any new Rules are introduced.

For those earlier in their immigration journey, long-term preparation becomes more important. Career progression, income levels, English language preparation and compliance history may all play a greater role in future settlement eligibility.

The government will now review consultation responses and publish a formal reply. Any confirmed changes will be introduced through amendments to the Immigration Rules laid before Parliament. Implementation could begin later in 2026.

 

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The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal or professional advice, nor is it a complete or authoritative statement of the law and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, law and guidance change frequently and this article may not be updated. No warranty, express or implied, is given as to its accuracy and to the fullest extent permissible by law, no liability is accepted for any error or omission. The information contained in this article should not be relied on as a substitute for professional advice and use is at the user’s own risk. Before acting on any of the information contained herein, expert legal or professional advice should be sought.