The UK government's proposed earned settlement UK model is the most significant restructuring of the indefinite leave to remain framework in a generation. The May 2025 Immigration White Paper introduced the concept.
The November 2025 consultation set out how it would work in practice. It closed in February 2026 with over 200,000 responses.
None of the core earned settlement UK changes is law yet. These are proposals. The window between now and implementation is where legal advice matters most.
The Proposed Framework
The current position is straightforward. Most migrants qualify for indefinite leave to remain after 5 years of continuous lawful residence. However, the proposed earned settlement UK framework replaces that fixed entitlement with a variable qualifying period built around individual contribution.
The baseline and accelerated routes:
Specifically, the proposed baseline qualifying period is 10 years. However, that baseline runs in both directions:
- Standard baseline: 10 years for most migrants
- Earnings above £50,270 (the higher rate income tax threshold): potentially 5 years
- Earnings above £125,140: potentially 3 years
- Public sector healthcare or teaching roles: potentially 5 years
- Family members of British citizens: baseline starts at 5 years rather than 10
The proposed minimum requirements:
The minimum requirements apply to all applicants regardless of which route applies. Accordingly, these carry greater certainty than the contribution criteria, which remain subject to further government decisions. Furthermore, they are not subject to the consultation process in the same way.
All applicants would need to meet:
- No criminal conviction of any kind (the current threshold requires a sentence of twelve months or longer; this proposal is stricter)
- Annual earnings above £12,570 for a minimum of 3 to 5 years
- English language proficiency at the B2 level on the Common European Framework of Reference for Languages scale
The B2 English requirement for Skilled Worker visa applicants is already confirmed and in force from 8 January 2026. Consequently, that element of the framework is already affecting current applications.
Three Issues Practitioners Are Navigating
Retroactivity:
The most contested element of the proposed earned settlement UK framework is its proposed application to migrants already in the UK. Specifically, the consultation proposed that anyone without an ILR would face the new rules as soon as they come into force. Accordingly, a Skilled Worker who arrived in 2022 expecting to apply in 2027 may instead face a 10-year baseline.
Refugees granted leave before 1 March 2026 have confirmed transitional protection and remain eligible under the current 5-year route. For most other migrants, no equivalent protection has been confirmed.
It is consequently the most common question about earned settlement UK that practitioners face. No definitive answer exists at present.
Dependant independence:
The proposed framework assesses each dependant's qualifying period independently. Specifically, this aspect of the earned settlement UK proposals catches people by surprise more than any other.
A dependant partner earning below the higher rate threshold will not benefit from the main applicant's earnings reduction. Furthermore, a dependant may qualify earlier or later than the main applicant, depending on their own earnings and circumstances.
Accordingly, treating a family as a single unit when mapping timelines produces the wrong answer under the proposed rules.
The benefit entitlement change:
The proposals include stripping new ILR holders of eligibility for welfare benefits. Consequently, settlement would no longer provide access to public funds.
Only naturalisation as a British citizen would restore that access. Accordingly, this changes the practical value of ILR for certain client groups entirely. The pathway from ILR to citizenship becomes a more urgent consideration as a result.
What to Tell Applicants Now
For applicants who can apply under the current rules, the advice is consistent and clear.
Apply now if eligible. Anyone who meets the current 5-year requirement should consider submitting before implementation. The Home Office has indicated some elements may arrive from April 2026, though no confirmed date exists.
Map dependant timelines separately. The proposed rules assess each applicant on their own contribution record. Two members of the same household may qualify at different points under the proposed framework.
Check the anchor date. The requirement to have been physically in the UK on the exact first day of the qualifying period operates entirely separately from the absence count. Overlooking it produces mandatory refusal.
Monitor the consultation response. The government has not yet published its response to over 200,000 submissions. That response will consequently determine whether transitional arrangements protect those already in the UK under the 5-year route.
Final Word for ILR Applicants
The earned settlement UK proposals are not yet law, but they are already shaping the advice practitioners give. The uncertainty itself carries legal weight.
Anyone making decisions about employment, housing, and family needs to consider both the current rules and the proposed framework. A Y & J Solicitors deals with ILR applicants every day. You are welcome to contact us for application guidance to improve your approval