The UK Government is continuing to develop its proposed “earned settlement” system, which could significantly change how migrants qualify for Indefinite Leave to Remain (ILR).
The Government has proposed moving from a standard five-year qualifying period to a 10-year baseline for many migrants, with the possibility of qualifying sooner or later depending on individual circumstances and contribution.
However, this proposal has not yet replaced the current general ILR rules.
As of September 2026, the Government is still considering the final policy and possible transitional arrangements for people already living in the UK. The House of Commons Library confirms that the proposed longer settlement periods have not yet been finalised.
What is earned settlement?
The proposed system would change settlement from a largely fixed qualifying period into a model where the time required to obtain ILR could depend more heavily on an individual’s circumstances.
The Government’s proposal would establish a 10-year baseline for many migrants, with reductions potentially available to people who meet specified contribution or other requirements.
The consultation proposals included factors such as:
- Earnings and economic contribution
- Skill level and occupation
- Contribution to the UK
- English language ability
- Community contribution
- Compliance with immigration and other requirements
- Certain use of public benefits
- Criminality and other conduct
The precise combination of requirements and qualifying periods is still subject to final government decisions.
Does everyone have to wait 10 years for ILR?
Not under the current rules.
The proposed earned-settlement model is more complicated than simply changing everyone’s qualifying period from five years to ten.
Under the consultation proposal, the 10-year period would act as a baseline for many migrants, while certain circumstances could potentially reduce the period.
For example, the House of Commons Library summarises proposals under which some higher-skilled workers earning above specified thresholds could potentially qualify after five years, while other circumstances could result in longer qualifying periods.
These figures describe the proposal, not the current Immigration Rules.
What is the current ILR position?
The standard qualifying period for ILR remains five years on routes where a five-year settlement period applies.
The Government has not yet replaced this general position with a 10-year requirement.
The House of Commons Library’s latest September 2026 briefing specifically states that the high-profile proposals to extend the settlement qualifying period have not yet been finalised.
Therefore, applicants should not automatically assume that the proposed 10-year period applies to them simply because the Government has announced the policy direction.
When will the new settlement policy be announced?
The Government has indicated that further details will be published later in 2026.
On 15 September 2026, Home Secretary Shabana Mahmood told MPs that final decisions would be made soon and that the new policy would be published later this year. However, there is currently no exact confirmed date for when the revised Immigration Rules will take effect.
There is also an important distinction between announcing the final policy and bringing amended Immigration Rules into force. Even once the Government publishes its final proposals, the actual implementation date will depend on the subsequent rule changes.
What about people already living in the UK?
This is one of the most important unanswered questions.
The Government has been considering transitional arrangements for migrants who are already in the UK and may be working towards settlement under the existing rules.
However, the final transitional arrangements have not yet been confirmed.
This means that people who are already in the UK should not assume either that they will automatically be protected by transitional arrangements or that they will automatically be moved to a 10-year pathway.
The position will depend on the final Immigration Rules and any transitional provisions introduced with them.
What does HC 584 say about settlement?
The Statement of Changes HC 584, published on 3 September 2026, introduced a range of amendments to the Immigration Rules. However, it does not introduce the proposed general 10-year baseline for settlement.
This distinction is important because the publication of HC 584 does not mean that the earned-settlement proposal has already become law.
Applicants should therefore avoid treating the proposed 10-year period as an implemented ILR requirement.
Are any settlement-related changes already confirmed?
There are some separate settlement-related changes that have already been introduced or announced.
For example, the Government has legislated for a higher B2 English language requirement for ILR on various routes from 26 March 2027. This is separate from the broader earned-settlement proposal.
This means applicants should distinguish between:
Changes already written into the Immigration Rules
and
proposals that are still being developed.
The two should not be treated as the same thing.
Why applicants should avoid relying on headlines
The earned-settlement proposals have generated considerable discussion because a 10-year baseline could represent a major change for some migrants.
However, the final system may differ from the consultation proposals.
Several details remain important, including:
- The final qualifying periods
- Which immigration routes will be covered
- How contribution will be measured
- Which factors can shorten or extend the qualifying period
- How family routes will be treated
- How public-benefit use will be considered
- How existing residents will be treated
- When the new rules will actually take effect
Until these points are confirmed through the Immigration Rules, applicants should distinguish between government proposals and rules currently in force.
What should applicants do now?
People working towards UK settlement should continue to comply with the requirements of their current immigration route.
It is sensible to:
- Check the current settlement requirements for your visa route.
- Keep records of your immigration status and qualifying residence.
- Maintain evidence of employment, income and other relevant circumstances where applicable.
- Monitor changes to the Immigration Rules.
- Check whether any announced changes apply to your particular route.
- Pay close attention to any transitional provisions when the final settlement rules are published.
- Avoid making settlement decisions solely on the basis of proposed policy changes.
Applicants who are already approaching their ILR eligibility date should consider the rules applicable to their individual route and circumstances rather than assuming that the proposed 10-year baseline already applies.
The key takeaway
The UK Government’s earned settlement proposal could change the way many migrants qualify for ILR, including potentially introducing a 10-year baseline with different qualifying periods depending on individual circumstances.
But the proposed 10-year baseline is not currently the general ILR rule.
The latest House of Commons Library briefing confirms that the longer settlement periods have not yet been finalised, while the Government has said that further details will be published later in 2026.
HC 584 also does not introduce the proposed 10-year settlement framework.
For now, applicants should continue to follow the current Immigration Rules applicable to their route and wait for the final settlement policy and any transitional arrangements to be formally published.
