Written by Soumaya Eddridi, Associate Solicitor · SRA-regulated · Last reviewed 3 November 2026
The Home Office has confirmed its plans for a new Earned Settlement system. But what do the changes mean for you?
If you are currently living in the UK on a Skilled Worker visa, Health and Care Worker visa, spouse visa or another immigration route, you may be wondering whether you will still qualify for Indefinite Leave to Remain (ILR) after five years.
The Government published its response to the Earned Settlement consultation in November 2026, confirming several important changes to its original proposals. Some migrants will retain a five-year route to settlement, others will move to a ten-year route, while certain individuals may face a considerably longer qualifying period. We answer some of the key questions below.
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I am a care worker who came to the UK in 2023. Will I still qualify for ILR after five years?
Care workers who entered the UK, or switched into the care worker route, before the publication of the Immigration White Paper in May 2025 will retain the five-year settlement pathway.
However, this is conditional on meeting the applicable requirements, including genuine sponsored employment, a salary of at least £25,000 per year and the strengthened settlement requirements concerning English language and criminality.
For example, if you entered the UK as a care worker in 2023 and have continued working for a licensed sponsor, you may still qualify for settlement in 2028, provided you meet all the relevant requirements.
I became a care worker after May 2025. Will I have to wait 15 years?
The Government has withdrawn its original proposal to introduce a 15-year settlement pathway for workers in occupations below RQF Level 6.
Instead, care workers who entered or switched into the route after the publication of the May 2025 Immigration White Paper will generally be subject to the standard ten-year settlement pathway.
This is an important distinction because two care workers doing the same job may have different settlement qualifying periods depending on when they entered or switched into the route.
I came to the UK as a care worker in 2022, but my employer lost its sponsor licence. Will I lose my five-year settlement entitlement?
The Government has acknowledged the difficulties experienced by care workers whose employers have lost their sponsor licences or failed to provide genuine employment.
Under the new arrangements, qualifying care workers who cannot meet the settlement requirements after five years will be given an opportunity to obtain a further five-year Health and Care visa, restricted to genuine employment in the sector.
There is also a separate change concerning workers whose sponsors lose their licences. From 1 February 2027, affected care workers will have up to 120 days to secure a new job offer and a further 60 days to regularise their immigration and employment position, subject to the detailed rules.
I am on a Skilled Worker visa and earn £48,000 per year. Will I qualify for settlement after five years?
Under the Government’s new framework, you would generally fall within the standard ten-year pathway unless another qualifying exception applies.
The Government has confirmed that individuals earning at least £50,271 may qualify for settlement after five years, while those earning at least £125,141 may qualify after three years.
If you earn £48,000, your salary alone would not qualify you for accelerated settlement.
However, your occupation may make a difference. Certain eligible health and education professionals will continue to qualify after five years, even if they earn below £50,271.
I earn £55,000 on a Skilled Worker visa. Does this mean I can apply for ILR after five years?
Earning £55,000 at the point of application will not automatically be sufficient. The Government has introduced a “best years” approach to earnings. To qualify through the accelerated five-year earnings pathway, applicants will need to demonstrate earnings of at least £50,271 in three of the five years immediately preceding their settlement application.
For example, if you have been earning £55,000 for the last three years and meet the other requirements, you may qualify for the five-year pathway.
I am a Skilled Worker who entered the UK in 2023. I was expecting to apply for ILR in 2028. Will the changes affect me?
The Government has confirmed that the new settlement framework is intended to apply to people already living in the UK, not only those arriving after the changes are introduced.
There is no general exemption simply because you entered the UK before 2025 or were originally granted a visa under a five-year settlement route.
Therefore, if you entered the UK as a Skilled Worker in 2023 and were expecting to apply for settlement in 2028, you may instead fall within the ten-year pathway unless you qualify for an accelerated route or a specific transitional arrangement.
Your occupation, salary, immigration history and the date on which the new rules take effect will all be relevant.
I am a nurse, doctor or teacher. Will I have to wait ten years?
The Government has confirmed that certain health and education professionals will retain a five-year settlement pathway. This includes specified occupations such as doctors, nurses and teachers whose roles fall within the qualifying public service occupations recognised under the Immigration Rules. These individuals will not necessarily need to earn £50,271 to qualify for settlement after five years.
However, working in the healthcare or education sector does not automatically mean that you qualify. Your specific occupation code and whether your role falls within the eligible national pay scale categories will need to be considered.
I am a teaching assistant or nursing assistant who entered the UK in 2024. What happens to me?
The Government has confirmed that workers in certain healthcare and education occupations below RQF Level 6, whose roles are covered by national pay scales, will retain a five-year settlement pathway if they entered the UK before the publication of the May 2025 Immigration White Paper. This includes qualifying roles such as nursing auxiliaries and teaching assistants.
However, individuals entering these occupations after that date will generally fall within the standard ten-year pathway unless they qualify for another reduction.
I am married to a British citizen and have a spouse visa. Will I now have to wait ten years?
No, provided you are on the qualifying five-year family route and continue to meet the relevant requirements. The Government has confirmed that eligible partners, parents and children of British citizens will continue to benefit from a five-year settlement pathway because of their recognised connection to the UK.
For example, if you entered the UK in 2024 on a spouse visa as the partner of a British citizen, you may still qualify for settlement in 2029. However, this does not mean that everyone holding a family visa will automatically qualify after five years. The specific route under which you were granted permission remains important.
My spouse is in the UK on a Skilled Worker visa and I am their dependant. Will we be able to settle together?
The Government has confirmed that dependant partners who arrive with the main applicant will generally be able to settle at the same time, provided they meet the relevant requirements.
Where a dependant joins the main applicant later, they will need to complete the same required period of qualifying residence before becoming eligible.
The Government has also moved away from requiring every dependant partner to demonstrate an entirely separate economic contribution.
Eligible couples will be able to combine their earnings to meet a household income threshold of £25,142, meaning that one partner may be able to satisfy the requirement through their earnings alone.
I have pre-settled status under the EU Settlement Scheme. Will I now need to wait ten years?
The Government has confirmed that the EU Settlement Scheme is not affected by the Earned Settlement reforms. Individuals with pre-settled status will continue to be assessed under the applicable EU Settlement Scheme requirements when seeking settled status.
Similarly, individuals who have already obtained settled status or ILR will not be required to qualify for settlement again under the new system.
I am on a Skilled Worker visa, but my occupation is below RQF Level 6. Will I have to wait 15 years?
The Government has specifically confirmed that it will not proceed with the proposed 15-year pathway for these workers. Instead, qualifying individuals in occupations below RQF Level 6 will generally fall within the ten-year pathway, with opportunities to qualify sooner where they meet the requirements for accelerated settlement.
For some workers, this will still mean a significant increase from the five-year pathway they were originally expecting.
I am on a Global Talent or Innovator Founder visa. Will I still be able to apply for ILR after three years?
The Government’s framework continues to recognise specified talent and innovation routes as routes capable of providing accelerated settlement.
Applicants under the Global Talent and Innovator Founder routes may therefore continue to benefit from a three-year pathway, subject to the particular requirements of their route and the new mandatory settlement conditions.
It is important to distinguish between being eligible for a three-year route and automatically qualifying for settlement after three years. Applicants will still need to satisfy the relevant criteria.
I have received public funds while living in the UK. Could this delay my settlement?
The Government has confirmed that applicants seeking settlement through the three, five or ten-year pathways will generally be expected not to have accessed specified public funds during the five years immediately preceding their application.
Those who continue to access relevant public funds and do not qualify for an exemption may be required to complete a 20-year qualifying period.
However, the Government has also acknowledged that safeguards and exemptions will be necessary for vulnerable individuals. Further details are expected concerning which benefits will be included and how the exceptions will operate.
I have overstayed my visa in the past. Could this affect how long I have to wait for ILR?
The new framework places greater emphasis on compliance with immigration requirements. The Government has indicated that qualifying immigration breaches, including overstaying, breaching visa conditions or using deception, may result in a substantially longer settlement pathway.
For example, certain immigration breaches could result in a 20-year pathway, even where an applicant would otherwise qualify for a shorter period because of their earnings or other contributions.
I have been volunteering in my community. Can this reduce my settlement period?
No. Although the original consultation considered whether volunteering should reduce the settlement qualifying period, the Government has decided not to introduce this measure.
Similarly, demonstrating C1 English language ability will not, by itself, reduce the qualifying period.
The standard English language requirement under the new framework will be B2, subject to applicable exemptions.
When will these changes come into force, and what should I do now?
The November 2026 publication confirms the Government’s intended settlement framework following the consultation. However, the publication itself does not mean that every announced measure has already taken effect.
The detailed Immigration Rules, commencement dates and transitional provisions will determine how the framework applies to individual applications.
If you are approaching eligibility for ILR, it is particularly important to review your position rather than assume that you will automatically remain on the settlement pathway that applied when you first entered the UK.
You should establish when your qualifying residence began, whether your occupation or family circumstances provide an exception, and whether you meet the relevant earnings and other settlement requirements.
Final thoughts
The new Earned Settlement framework is not simply a change from five years to ten years for everyone. The key question is no longer simply how long you have lived in the UK, but which immigration route you hold, when you entered or switched into that route, and whether you satisfy the relevant requirements.
If you are uncertain how the changes may affect your eligibility for settlement, obtaining advice before your current permission expires or your anticipated ILR application date is advisable. Our team has experience navigating even the most complex settlement cases and will work closely with you to achieve the best possible outcome.
Contact our immigration team on +44 (0)20 3588 3500 or press Enquire at the top of this page to discuss your specific circumstances.
