The UK government's earned settlement consultation opened on 28 November 2025 and closes on 12 February 2026. The proposals include a 10-year qualifying period on most routes, reduced schedules for higher earners, and a new set of economic contribution requirements.

The consultation asks whether these changes should apply to everyone already in the UK but not yet settled. Applicants approaching five years in 2026 or 2027 could face an entirely different framework if rules change in April 2026. While transitional arrangements may be considered for borderline cases, nothing is confirmed.

What you can prepare now that will matter regardless of rule changes

The consultation may shift qualifying periods and introduce new earnings thresholds, but certain evidence requirements remain constant across both the current system and any proposed changes.

Absence discipline protects you under any framework

Current ILR rules limit absences to 180 days in any rolling 12-month period. The earned settlement proposals maintain continuous residence requirements, though the measurement period extends to 10 years for most applicants. This makes absence tracking critical, whether you're applying under the current five-year rule or any extended timeline.

The calculation counts full days outside the UK only. Travel days — the day you leave and the day you return — both count as presence. A trip from Thursday to Monday means three full absence days (Friday and Saturday), not four. Monitor all movements in an organised manner.

Employment and salary consistency now set the baseline

The proposed system implies the establishment of a £12,570 minimum taxable income, which is maintained within a period of three to five years. Although this is new to ILR, it points to something that applicants need to already monitor: periodic, documented employment during the qualifying period.

With the current regulations, there are employment gaps, unaccounted pay changes, or inconsistencies in the role, which raise questions during the caseworker reviews. Your HR file must be filled with ongoing payslips, P60s, contracts corresponding to your real responsibilities, and proof that your position corresponds to any sponsored job. Caseworkers compare stated job descriptions with the actual work that is done so any discrepancies can indicate credibility issues.

English language preparation matters under the proposed rules

Current rules require B1 English proficiency. The earned settlement proposals elevate this to B2 for most routes — roughly the difference between intermediate and upper-intermediate competency. If you're planning to apply and haven't yet taken an approved test, preparing for B2 now makes sense whether the threshold changes or not. Immigration solicitors at A Y & J Solicitors note that applicants often underestimate how much preparation B2 requires compared to B1, particularly for those whose first language isn't English.

ILR Readiness: A practical timeline

The best position when rules change is to be ready to apply immediately if you're eligible under current requirements, or well-prepared if you need to wait. Here's what that looks like in practice.

6 months before eligibility: Track your absences in a spreadsheet that calculates the rolling 12-month totals. Manual counting is prone to error. Get all the passports that cover your entire residence time and ensure you can read all the entry and exit stamps. Ask for employment references and salary confirmation letters now.

3 months out: Complete the Life in the UK test if you have not passed. The results are valid forever, so passing early eliminates an uncertainty. Make sure your certificate in English is not out of date. Make sure your existing contracts, job descriptions, and payslips accurately reflect what you will be submitting in the application.

1 month out: Calculate a final absence of the whole qualifying period. Ensure you do not exceed the 180-day limit in any 12-month period. Make copies of all supporting documents: passports, BRP, payslips, P60s, employer letters and test certificates. Make sure nothing is missing.

As A Y & J Solicitors explain: "Rule consultations create uncertainty, but your evidence does not need to wait. A well-organised paper trail and strong absence tracking are the difference between a smooth ILR process and months of questions."

When to apply and when to wait

If you're eligible under current rules in February or March 2026, applying before any rule change takes effect makes sense — assuming your evidence is ready. If you're not yet eligible or absences sit close to the 180-day limit, a professional review prevents costly mistakes.

Prepare your ILR application with confidence

A Y & J Solicitors offer an ILR readiness review — a detailed assessment of your qualifying period, absence calculations, employment evidence, and documentation to identify gaps before submission.

This service is designed around the specific issues that delay or derail ILR applications in 2026, with clear guidance on what needs fixing and how to fix it. Get in touch with A Y & J Solicitors to arrange an ILR readiness review.