Earned settlement for spouse visa holders is the most asked question in consultations right now, and the answer is reassuring. Nothing has changed. As of July 2026, the earned settlement rules are still proposed and are not in force.
In the current proposals, partners of British citizens and settled persons keep the 5-year route to settlement. The government left this group out of its consultation deliberately.
Your situation differs if you are the dependant partner of a Skilled Worker. That is a different route from the partner of a British citizen. Our ILR for spouses and family guide explains the current settlement rules.
What is an earned settlement?
Earned settlement is a proposed new way of deciding how long you must live in the UK before settlement. Instead of a fixed period for everyone, your wait would depend on your circumstances.
- A longer starting point: the proposed baseline would rise from 5 years to 10 years for most work routes.
- Longer still for some roles: a proposed 15 years would apply to Skilled Worker roles below degree level.
- Time can be earned back: proposed reductions apply for higher earners, public service, and community contribution.
- Nothing is official yet: the consultation closed on 12 February 2026 and the government has not published its response.
Is the 5-year partner route protected?
The 5-year partner route looks safe on current proposals, though "safe" needs careful explanation. Partners of British citizens were never part of the consultation in the first place.
What ministers said
The government excluded partners, parents and children of British citizens from the consultation entirely. At a Westminster Hall debate on 2 February 2026, the Minister described these protections as firm policy positions.
That is a clear signal. It is a stated position on proposed rules, not enacted law. It carries political weight rather than legal certainty.
What is still unclear
Protection from the ten-year baseline does not mean nothing changes. The government has indicated that protected family groups may still face new mandatory requirements at the settlement stage.
Those requirements have not been published. You can follow the position on the GOV.UK earned settlement consultation page.
How are dependants treated differently?
Earned settlement for spouse visa holders causes confusion because two different groups both say they are "on a spouse visa". The route you hold decides which rules reach you.
- Partner of a British or settled person: you are on the spouse visa family route. On current proposals you keep the 5-year path.
- Dependant partner of a Skilled Worker: you are on a work-route dependant visa. The proposals would assess you separately, on your own circumstances, rather than following your partner.
- The practical effect: a dependant partner could face a longer proposed qualifying period than the main visa holder.
- A possible route across: once the main applicant settles, a dependant may be able to switch to the partner route.
Our guides to the Skilled Worker visa and to switching to a UK spouse visa explain both positions.
What should spouse visa holders do now?
The right response to earned settlement for spouse visa holders is preparation, not panic. Focus on acting on the rules in force today.
- Keep to your existing timeline. The 5-year route is unchanged, so apply when eligible.
- Do not delay an eligible application. Waiting cannot improve your position and may expose you to future rule changes.
- Preserve your evidence. Keep continuous records of residence, finances, and your relationship throughout.
- Watch for the consultation response. That document will set out final periods and any transitional arrangements.
What if the rules change mid-route?
This fear sits behind most enquiries about earned settlement for spouse visa holders. The Home Secretary has stated that settlement applications are assessed under the rules in force when you apply.
That principle cuts both ways. If rules change before you apply, the new rules would generally govern your case. This is why the proposals are described as retrospective.
Transitional arrangements remain unresolved. The proposed changes would reach people already in the UK who have not yet settled. No protection has been confirmed for them.
Frequently asked questions
Is earned settlement law yet?
No. It remains a proposal, with the consultation closed and the government response still awaited.
Does it affect my spouse visa?
Not on current proposals. Partners of British and settled persons keep the 5-year route to settlement.
What about my Skilled Worker dependant partner?
Dependants would be assessed separately under the proposals, so their qualifying period may differ from yours.
Will my ILR date move?
Not under the rules in force today. Any future change would depend on the final rules and transitional arrangements.
Should I apply for settlement early?
You cannot apply before you qualify, but you should not delay once you become eligible.
Get advice on your settlement timeline
Uncertainty is the hardest part of this for couples, and the antidote is knowing exactly which route you are on. The rules that will decide your settlement depend on whether you hold a family visa or a work-route dependant visa. So our advice is to apply for ILR as soon as you are eligible. Do not take risks with the application.
A Y & J Solicitors is Legal 500 ranked and SRA-regulated. Our solicitors track settlement policy closely for the couples we advise. When you are eligible, we can prepare your ILR application so the evidence and timing are right and no mistakes are made.
If you are eligible and ready to obtain your indefinite leave to remain status, speak to our immigration team.