Earned Settlement: what the reform really means for you

The government has now published its response to the Earned Settlement consultation, and the questions are pouring in. In this piece I want to go beyond the headline and cover the parts most people are actually worried about: the timeline, the four principles, what happens to families and dependants, where refugees stand, and who is protected by transitional arrangements.

First, the timeline

What was announced is not law yet. The binding rules will come through the Statement of Changes, which is expected to be published in December, with the measures coming into force on a phased basis from 2027. As of today, the current rules still apply, and important details remain to be confirmed.

The headline: 10 years, earned up or down

The default route to settlement (ILR) moves to 10 years. But it is not a single fixed number. Your timeline can shorten or lengthen depending on four principles.

The four principles

Character: no criminal record, no unpaid debt to the state (NHS, tax and National Insurance, Home Office debts). Immigration breaches committed as an adult can push the timeline to 20 years, and this cannot be bought back with a high salary.

Contribution: a sustained, measurable contribution shortens the route. The baseline is £12,571 a year for three years; higher earnings move faster (£50,271 towards five years, £125,141 towards three). Public-service roles, a British connection, and partners combining income also count.

Integration: the English requirement rises from B1 to B2, and the Life in the UK test continues, with exemptions for certain ages and health conditions.

Residence: only lawful, continuous time on the right route counts. The 10-year Long Residence route is closing, temporary visas (Student, Visit) do not count, and time on different routes cannot be combined.

Families and dependants

This is where there is some reassurance. The government has stepped back from a fully individualised model and placed more weight on family unity. A partner who arrives with the main applicant can still settle at the same time, provided the requirements are met; a partner who joins later completes the same qualifying period. Crucially, households can combine their earnings to meet the income threshold, so a partner who works fewer hours while caring for children or relatives is not penalised, as long as the household meets the combined figure together. Children under 18 continue to settle with their parents and are exempt from the income, government-debt, English-language and Life in the UK requirements, though suitability and criminality rules still apply. Children who have spent seven years or most of their life in the UK keep their existing arrangements.

Refugees and protection

Protection and settlement are being treated as two different things. People granted protection will keep that protection, but the settlement pathway will depend on how they came to the UK, how they have contributed and integrated, and whether they complied with the rules. For those who claim asylum in the UK, the proposed qualifying period for settlement rises substantially, with a faster route for those who move into sustained work, education or training. Refugees admitted through designated Safe and Legal routes keep a shorter pathway, and those resettled through the UK Resettlement Scheme face a lower (basic) English requirement. One important technical point: time spent on protection, refugee or Article 8 routes cannot be combined with time on work or family routes.

Transitional arrangements: who is actually protected

The key date is the publication of the Immigration White Paper in May 2025. The transitional protections are targeted at clearly defined groups who were already in the UK before that date; they are not a blanket exemption for everyone already here. Care workers who entered or switched into the route before May 2025 keep the existing five-year qualifying period if they meet the salary (£25,000), sponsorship and employment requirements, plus the new minimum standards; those who fall short after five years get a second five-year Health and Care visa to try again. A similar one-off five-year route is kept for existing below-RQF6 public-service workers such as nursing auxiliaries and teaching assistants. Workers in occupations below RQF6 will no longer face the 15-year pathway that was originally proposed; they move to the 10-year route instead. Anyone arriving after May 2025 is on the standard 10-year pathway.

My view on fairness

Rules can change, and that is the government's prerogative. But people build their lives trusting the rules in force. The value of a legal system lies in people being able to rely on it. These transitional arrangements are welcome, but they are narrow, and many people who put down roots in good faith under the old rules fall outside them. If change is coming, it should come with transitional protection broad enough to honour that trust.

What to do now

Do not panic. The current rules still apply today, and if you already qualify, that has real value. Remember that applications are decided under the rules in force at the date of decision, not the date of application. So if you are confident you are eligible, do not delay unnecessarily, and get a professional assessment of your own situation.

I will share everything that becomes clear once the Statement of Changes is published in December.

This post is general information only, not personal immigration advice; every case is unique. Point B Legal is authorised by the Immigration Advice Authority at the highest level (Level 3).

Written by Burcu Koroglu. Level 3 regulated immigration adviser, former UKVI officer.

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