The Government has published its response to the Earned Settlement consultation, confirming a significant overhaul of the UK's settlement system. The central change is that the standard qualifying period for Indefinite Leave to Remain (ILR) will increase from five to ten years for most migrants.
Who will qualify for settlement, and when?
Under the proposed framework, the main qualifying periods will be:
- Three years: Individuals earning at least £125,141, together with specified high-talent categories, including Global Talent and Innovator Founder visa holders.
- Five years: Individuals earning at least £50,271, certain public-sector health and education workers, and people with specified British family connections.
- Ten years: The standard qualifying period for most other applicants.
- Twenty years: Certain individuals who have committed specified immigration breaches or continue to access specified public funds.
The earnings thresholds will not necessarily need to be met in every year. For example, the three-year route will require the higher earnings threshold to have been met in three of the preceding four years. The five-year and ten-year routes will similarly allow for fluctuations in earnings.
Additional requirements
The new system will also introduce mandatory requirements which applicants must satisfy, irrespective of their earnings or other contributions. These include:
- Meeting an English language requirement at B2 level.
- Passing the Life in the UK Test.
- Having no relevant criminal convictions or specified criminal disposals.
- Having no outstanding government debt, including specified tax, National Insurance, NHS and Home Office debts.
There will also be restrictions on settlement for individuals who have accessed specified public funds during the five years preceding their application, with a substantially longer qualifying period potentially applying.
What about existing visa holders?
One of the most significant aspects of the reforms is their intended impact on people already living and working in the UK.
The Government's stated approach is that the settlement requirements in force when an application is decided will generally apply, rather than those in force when the individual first entered the UK. This means that people who are already part-way through a five-year route to settlement may be affected by the increase to ten years. The EU Settlement Scheme will remain outside the reforms or retain separate arrangements.
When will the changes take effect?
Although the Government has now confirmed the broad policy framework, the detailed amendments to the Immigration Rules have not yet been published. Further technical detail and operational guidance are expected before implementation. The precise treatment of particular visa categories, dependants, periods of absence, earnings calculations and transitional cases therefore remains to be confirmed.
What should employers and migrants do now?
Employers should consider the potential implications for their sponsored workforce, particularly employees who may have expected to qualify for settlement after five years. Individuals approaching ILR should also keep their position under review and seek advice before making assumptions about their eligibility or timing.
We will provide a further update once the Government publishes the detailed Immigration Rules and confirms the implementation arrangements.
How 3CS can help
Our expert immigration solicitors can assist with these issues. 3CS has one of the largest immigration consultancy teams in the UK – including 4 specialist immigration lawyers. For assistance, please get in touch today.
