MAJOR CHANGES TO SETTLEMENT ELIGIBILITY IN THE UK- INTRODUCTION OF “ EARNED SETTLEMENT”
The long awaited changes to settlement eligibility were finally announced by the Home Secretary on 2nd November 2026. We don’t yet have a date for implementation but the changes will be mostly retrospective. If you are eligible to apply for indefinite leave to remain now it makes sense to do so as soon as possible. You may otherwise need to wait for much longer than anticipated.
The new concept of “ Earned Settlement” will require all applicants to meet a strict minimum set of requirements:
- Any adult applicant with a criminal record will be refused. This very strict rule will apply in the case of suspended sentences, fines, community sentences and even absolute and conditional discharges.
- Applicants must have no outstanding Government debt which will include unpaid tax and NHS debt.
- Certain immigration breaches, including overstaying, will mean that an applicant must wait for 20 years to be eligible for settlement.
- Applicants must “demonstrate a minimum level of economic contribution”- generally earning at least £12, 571 for at least three years.
If the above requirements are met then an applicant may well be eligible to settle but, with some exceptions, will now need to complete at least ten years on a relevant route.
Exceptions will include high earners earning £125,141 for at least three years. They may be able to settle after just three years.
Those earning £50,272 for five years may be able to settle after five years.
Those in eligible Health and Education Occupations such as doctors, nurses and teachers may also be eligible to apply after five years.
Care workers who entered into the skilled work route before May 2025 may be eligible to settle after five years.
The eligible partners , children and parents of British Citizens will still qualify for a five- year path to settlement, as will those on the UK Ancestry Route and those categorised as vulnerable, including the victims of domestic violence and bereaved partners.
Another significant change to be aware of, the ten- year route to residence will, as anticipated, be closed.
For questions about the above or any aspect of the planned changes to settlement eligibility please contact us on info@jennyharveyimmigration.co.uk