Migration Overseas
How indefinite leave to remain works under the earned settlement model confirmed by the Home Secretary on 2 November 2026: a 10-year default, shorter paths for higher earners and public service workers, and conditions for everyone. Status at 6 November 2026. The final Immigration Rules are still to be published.
The wait depends on contribution, character and route. Ten years is the default.
At least GBP 125,141 in 3 of the 4 years before applying, or the Highest Talent Group, which the government response marks as subject to review pending a Migration Advisory Committee report.
At least GBP 50,271 in 3 of the 5 years before applying, 5 years in a listed health or education occupation, or a recognised British connection such as an eligible partner, parent or child of a British citizen.
At least GBP 12,571 in 5 of the 7 years before applying, with all conditions met.
A qualifying immigration breach as an adult, or use of specified public funds in the 5 years before applying without an exemption.
Only time on routes intended to lead to settlement counts.
10 years by default. 5 years with at least GBP 50,271 in 3 of the 5 years before applying, or in a listed public service role. 3 years at GBP 125,141. The general salary rule is GBP 41,700 or the going rate, so a worker at the minimum is below the 5-year earnings line.
On gov.uk you apply for a Health and Care Worker visa through the Skilled Worker application. Doctors, nurses, midwives, pharmacists, paramedics, social workers and teachers are among the listed public service roles for the 5-year path, provided the other requirements are met.
Those who entered or switched into the route before May 2025 keep 5 years where they meet the GBP 25,000 salary, sponsorship and employment requirements, with a further 5-year visa if not. Later entrants follow the 10-year default. The Home Office says a similar approach applies to health and education public service workers who arrived in the same period.
These routes count towards settlement. The 3-year Highest Talent Group path is subject to review, and gov.uk's Global Talent page currently shows 3 or 5 years. For the 3 or 5-year path, your most recent grant must be on Global Talent or Innovator Founder.
Time on the Student and Graduate routes does not count. The Long Residence route, which allows 10 years of lawful residence on most routes, will close.
Eligible partners, parents and children of British citizens keep a 5-year path, with B2 English and the new criminality standard. A partner who joins a migrant worker later needs the full qualifying period from arrival.
These cannot be offset by higher earnings or public service.
B2 in speaking and listening in the Skilled Worker settlement rules for applications on or after 26 March 2027 (HC 1691). Exempt: children, people aged 65 or over, and people with a physical or mental condition.
The test continues, with its existing exemptions. The government is reviewing its content.
Any adult with a UK criminal record is refused, including court-imposed fines and out-of-court disposals. Overseas convictions count where the conduct is an offence in the UK, with some discretion.
This covers NHS debt, tax debt including National Insurance, and Home Office litigation debt.
Earnings of at least GBP 12,571 a year on a best-years basis. Eligible couples can combine earnings to a household figure of GBP 25,142.
Not using specified public funds in the 5 years before applying. Otherwise the path becomes 20 years.
Speak to our team about how the new rules apply to your route and your timeline.
Book Free AssessmentAnswers on the earned settlement rules, with the sources they come from.
Earned settlement is the model for indefinite leave to remain (ILR) that the Home Secretary confirmed on 2 November 2026. Instead of settling almost automatically after 5 years, the wait depends on contribution and character: 3, 5, 10 or 20 years, with 10 years as the default. Everyone must also meet minimum conditions on English, the Life in the UK test, criminal record, government debt and earnings.
The government response gives no start date. It says the Government will publish detailed rules, further guidance and a full impact assessment before implementation. Until the Immigration Rules change, gov.uk's visa pages continue to show today's rules. Check gov.uk for the commencement date before making plans.
Yes, unless a targeted protection applies. The response says applications are ordinarily considered under the Immigration Rules in force at the date of the settlement decision, and that the transitional arrangements do not create a wider exemption. It does not give a worked rule for crediting time already served, so wait for the final rules.
On a best-years basis. For the 3-year path you need at least GBP 125,141 in 3 of the 4 years before applying. For the 5-year path you need at least GBP 50,271 in 3 of the 5 years. For the 10-year path you need at least GBP 12,571 in 5 of the 7 years. The thresholds follow income tax thresholds. How bonuses or second jobs are counted is not set out in the documents we read.
No. The response lists Student and Graduate and High Potential Individual among the routes that do not count, and closes the Long Residence route. Settlement time starts when you move onto a route that counts, such as Skilled Worker.
B2 is the standard for settlement, with exemptions for children, people aged 65 or over, and people unable to meet it because of a physical or mental condition. Statement of Changes HC 1691 puts B2 in speaking and listening into the Skilled Worker settlement rules for applications made on or after 26 March 2027. C1 does not shorten the qualifying period.
A partner who arrives with you can settle at the same time if they meet the requirements. A partner who joins later needs the same qualifying period from their own arrival. Children under 18 are exempt from the income, debt, English and Life in the UK requirements but remain subject to suitability and criminality checks. Young adults aged 18 to 24 who keep child-dependant status settle alongside the family and must meet the adult mandatory requirements, but not the individual earnings requirement. From age 25 they are expected to qualify independently or move onto another route. Eligible couples can combine earnings to a household figure of GBP 25,142.
Annex C of the response lists health and education occupations paid on national pay scales, including generalist and specialist medical practitioners, registered nurses, midwives, pharmacists, paramedics, therapists, social workers and teachers. Applicants must still meet the other settlement requirements.
Care workers who entered or switched into the route before the May 2025 White Paper keep the 5-year period if they meet the GBP 25,000 salary, sponsorship and employment requirements and the new general conditions. If they do not qualify, they can apply for a further 5-year Health and Care visa. Those who entered after May 2025 follow the 10-year default.
The Home Office news story is at https://www.gov.uk/government/news/home-secretary-unveils-new-rules-for-migrants-settling-in-the-uk and the consultation and government response are at https://www.gov.uk/government/consultations/earned-settlement. The B2 English change is in Statement of Changes HC 1691. Read our blog guide, UK Earned Settlement Confirmed, for analysis.
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