Earned Settlement UK: What the 10-Year ILR Rule Really Means — and What’s Still Just a Proposal

If you are on a UK Skilled Worker visa and worried that settlement now takes ten years instead of five, here is the single most important fact first: as of July 2026, “earned settlement” is still a proposal, not law. The current five-year route to Indefinite Leave to Remain (ILR) remains fully in force. Nothing has changed yet — but the direction of travel is clear, and understanding it now matters.

Quick answer (featured snippet): Earned settlement is the UK government’s proposed overhaul of Indefinite Leave to Remain (ILR). It would raise the standard qualifying period from 5 to 10 years for most migrants (up to 15 for some lower-skilled roles), with reductions for higher earners. As of July 2026 it is not yet law — the consultation closed in February 2026 and the government’s formal response is still awaited.

Let’s break down what’s confirmed, what’s only proposed, who it would affect, and what you can sensibly do right now.

First: what is “earned settlement”?

Settlement — Indefinite Leave to Remain — is the status that lets you live in the UK permanently without visa restrictions, and it’s the usual step before British citizenship. Under the current rules, most people on work routes (Skilled Worker, Health and Care Worker, Global Talent and others) can apply after five continuous years of qualifying residence.

“Earned settlement” is the government’s plan to change that. The framework came from the 2025 Immigration White Paper, Restoring Control over the Immigration System, and was announced by then-Home Secretary Shabana Mahmood in November 2025. The core idea, per GOV.UK, is that settlement should no longer follow automatically from time served — it would have to be “earned” through sustained contribution, compliance and integration.

What earned settlement would change (proposal — not yet law)

Based on the published consultation documents, here is what the government has proposed. Treat every number here as a proposal that could change before any rules are laid before Parliament.

The standard qualifying period would double, from 5 years to 10 years, for most migrants.
Up to 15 years for many Skilled Workers in roles below RQF Level 6 (roughly, below degree level) — a category that includes many Health and Care roles.
New minimum criteria to even qualify, per the House of Commons Library summary: a clean criminal record (the consultation hints this could be stricter than today’s 12-month-sentence threshold), English at B2 (up from B1), a measurable economic contribution, and a No Recourse to Public Funds condition at settlement.

The government’s own forecast shows why this is such a big deal: the Home Office estimated that roughly 1.6 million people are on track to settle between 2026 and 2030, peaking around 2028. Earned settlement is aimed squarely at that wave.

How higher earners could “earn” it back down

The proposal isn’t only about making everyone wait longer. It builds in reductions tied mainly to income. According to the consultation as summarised by immigration analysts:

Taxable income above £50,270 could cut the qualifying period by up to five years — potentially back to the current five.
Sustained income above £125,140 for three consecutive years could cut it by up to seven years — to as few as three.
A baseline earnings figure of around £12,570 for three to five years is floated as a minimum contribution threshold.

The flip side: adverse factors — certain criminal convictions, use of public funds — could extend the wait, in extreme cases reportedly to as long as 30 years. Critically, these thresholds are salary-driven, which is exactly why so many of the 200,000-plus consultation responses raised fairness concerns for care workers and other lower-paid but essential roles.

The question everyone asks: does it apply to people already in the UK?

This is the most anxious part, and the honest answer is: not decided yet. The consultation proposed applying the new rules to everyone who has not already received ILR — meaning people already here on a route to settlement could, in principle, be pulled into the longer timeline. But the government also invited views on transitional arrangements to protect some people already in the UK. Which way that lands will only be clear when the final rules are published.

Who is NOT affected (this part is confirmed)

Some groups are already protected, and the government has confirmed this:

Anyone who already holds ILR — you keep it. Earned settlement does not claw back status you’ve been granted.
People with settled or pre-settled status under the EU Settlement Scheme — not affected by these proposals.
The consultation also proposed a five-year outcome for partners and children of British citizens who meet core family requirements, and exemptions for people on maternity leave or with a long-term illness or disability.

If you’re not in one of those groups and you’re mid-way through a work route, you’re in the “watch closely” category — not the “already caught” one.

So when will earned settlement actually start?

Here’s the current timeline, and note that it has already slipped:

20 November 2025 — consultation opened.
12 February 2026 — consultation closed, with over 200,000 responses (House of Commons Library).
The Home Secretary originally told Parliament she expected implementation to begin from April 2026, phased.
As of July 2026, that has not happened. The government’s formal consultation response has still not been published — the GOV.UK page states only that officials are “analysing your feedback.” No detailed earned-settlement Immigration Rules have been laid before Parliament, and no date has been set for a full parliamentary debate.
Immigration commentators now expect the main changes later in 2026, possibly autumn — but no binding date exists.

In short: it’s coming in some form, the government has confirmed its intention to proceed, but the detail and the start date are genuinely still open.

Don’t confuse this with what’s ALREADY changed

Several other UK work-visa changes are already in force in 2025–26. These are real, enacted rules — separate from the still-proposed earned settlement model:

Care worker route closed to new overseas recruitment (22 July 2025).
Skill level raised to RQF Level 6 (degree level) and the general salary threshold raised to £41,700 for most new Skilled Worker cases.
Immigration Skills Charge up 32% (16 December 2025).
English requirement raised from B1 to B2 for Skilled Worker and related routes (8 January 2026).
A new payroll-period salary compliance rule (paragraph SW 14.3B) from 8 April 2026.
Graduate visa shortening from 2 years to 18 months (from 1 January 2027).
A separate March 2026 Statement of Changes introduced a B2 English requirement for several settlement routes from 26 March 2027.

If a headline says “the rules changed,” check which rule — because the 10-year settlement clock is not one of the enacted ones yet.

⚠️ Scam warning: what to watch out for

Whenever big immigration changes are in the news, scammers move fast — especially targeting overseas and South Asian applicants. Protect yourself:

No one can “lock in” your five-year route for a fee. There is no such product. Your route is governed by the rules in force when you apply.
There is no “earned settlement registration” to pay for. Anyone charging you to “register early” for the new scheme is scamming you — it isn’t law and there’s nothing to register for.
No agent can guarantee ILR, a shorter timeline, or a specific outcome. Guarantees are a red flag.
The consultation is closed and was free — don’t pay anyone to “submit your response.”
Only rely on GOV.UK for official rules, and take advice only from a qualified solicitor or an adviser regulated by the Immigration Advice Authority (check the register). Never hand over passports or large cash sums to unregulated “consultants.”

What you can actually do now

Check your current ILR timing. If you’re already eligible — or close — for ILR under the current five-year rules, get your paperwork in order and don’t sit on it waiting for “certainty.”
Confirm your continuous residence (absences within limits) and start gathering evidence early.
Get your English to B2 if settlement is your goal — it’s already required on several routes and is proposed across the board.
Keep a clean compliance record — convictions and public-funds use are exactly the “adverse factors” the new model would penalise.
Plan salary-consciously. Under the proposal, earnings drive your timeline — worth discussing with your employer if settlement is your long-term plan.
Follow updates, because the government’s consultation response is the next big signal.

Key Takeaways

Earned settlement is a proposal, not law — as of July 2026, the current 5-year ILR route still applies.
It would raise the standard qualifying period to 10 years (up to 15 for some lower-skilled roles), with reductions for higher earners (£50,270+ and £125,140+).
Whether people already in the UK are caught is not yet decided — transitional arrangements are still open.
People who already hold ILR, and EU Settlement Scheme holders, are not affected.
The government’s formal response is still awaited, with changes expected later in 2026 — no confirmed date.
Watch for scams: no one can lock in your route, guarantee ILR, or charge you to “register.”

7. FAQ Section

Q1: Is the 10-year ILR / earned settlement rule law yet? No. As of July 2026, earned settlement remains a proposal. The consultation closed on 12 February 2026, but the government’s formal response has not been published and no detailed Immigration Rules have been laid before Parliament. The current five-year ILR route still applies.

Q2: Does the 10-year rule apply to people already in the UK? It’s not decided yet. The consultation proposed applying the changes to everyone who hasn’t already received ILR, but the government also invited views on transitional arrangements to protect some people already here. The final rules will settle this.

Q3: Can I still apply for ILR after 5 years? Yes, if you meet the current Immigration Rules. As of July 2026, the five-year route remains fully in force for the routes where it currently applies. If you’re eligible or nearly eligible, it’s worth checking your timing now.

Earned Settlement UK: Is the 10-Year ILR Rule Law Yet?