Haider Rasool, Barrister · 3 November 2026
On 2 November 2026 the Home Secretary announced the final shape of the government’s “earned settlement” model. For most people who are in the United Kingdom but not yet settled, the route to indefinite leave to remain is about to become longer and considerably more demanding. Since the announcement, I have been asked the same questions repeatedly, so I have set out my answers here.
What has been announced
Settlement will no longer follow more or less automatically after five years. The standard qualifying period will become ten years. That period can be shortened for those who contribute most: people earning above £50,271, and certain public service workers such as doctors, nurses and teachers, will keep a five-year route, and the very highest earners may settle in three. It can also be lengthened. Anyone with a breach of the immigration rules in their history, such as overstaying or working in breach of conditions, faces a wait of at least twenty years.
The earnings tests look back over several years rather than at your salary on the day you apply. A good salary now will not help if your earnings fell below the threshold for much of the qualifying period, so the detail of your employment history will matter far more than it does today.
The conditions everyone will have to meet
Whatever route you are on, the government has said that four conditions will be non-negotiable:
- A clean criminal record. The current threshold is being lowered sharply, and even minor matters such as cautions and fines are expected to count against you.
- English at a higher level than now, equivalent to A-level English as a foreign language.
- No outstanding debts to the state, which is expected to include unpaid NHS charges, tax and National Insurance.
- A record of sustained National Insurance contributions.
Who keeps the current route
Not everyone is affected. The government has confirmed that partners and other family members of British citizens, Hong Kong BN(O) visa holders and members of the armed forces will keep their existing pathways. Care workers who met their visa conditions and earned at least £25,000 a year will be able to settle after five years. Anyone who already holds indefinite leave to remain keeps it.
For those who are affected, the most significant point is that the new rules are expected to apply to people already in the United Kingdom who have not yet settled. Settlement is decided under the rules in force on the date of the decision, not the rules in force when you arrived. The government has also said that the separate ten-year long residence route will close, and that time spent on routes such as Student, Graduate and High Potential Individual will no longer count towards settlement.
Is it already law?
No. What was published on 2 November is a policy decision, not a change to the Immigration Rules. The government has said that the first rule changes will be laid in a Statement of Changes in December 2026, with the new system introduced in stages during 2027. Until those changes take effect, the current rules continue to apply, and the precise detail, including any transitional protection, will only be known once the rules are published.
What I would do now
If you are close to qualifying for settlement under the current rules, my advice is not to wait. The window to apply under the existing five-year and long residence routes may close sooner than many people expect, and once the new rules are in force it is unlikely to reopen. In practical terms:
- Check your exact qualifying date, including your continuous residence and any absences from the United Kingdom.
- Make sure your application is complete and correctly evidenced before you submit it. A refusal now could cost you the chance to settle under the current rules altogether.
- Deal with any outstanding debts, including NHS charges, before you apply.
- If you have any criminal record, however minor, take advice before applying.
- If you are on the Graduate or another route that will not count under the new system, take advice on your position now rather than later.
Employers should also look ahead. Sponsored workers approaching five years may now face a further five years of visa extensions, fees and the Immigration Health Surcharge, and that will affect retention and remuneration decisions.
Final thoughts
These are the most far-reaching changes to settlement in a generation, and they will affect hundreds of thousands of people who came to the United Kingdom expecting to settle after five years. The detail is still to come, and I will update this note once the Statement of Changes is published. In the meantime, if settlement is within reach, the safest course is to act while the current rules still apply.
This article is general information based on the government’s announcement of 2 November 2026 and is not legal advice on any individual case. The position may change when the Immigration Rules are published.
Close to qualifying for settlement?
Speak to a barrister about your position before the rules change. Consultations are charged at a fixed fee, agreed before we begin.