The earned settlement consultation
The government has proposed doubling the default qualifying period for settlement from 5 years to 10. This guide sets out what was proposed, how the proposal actually works, what has and has not been decided, and which parts have become law.
- Section
- ILR & Settlement
- Reading time
- 10 min
- Last checked
- 9 June 2026
- Source
- The published Immigration Rules and GOV.UK guidance, linked throughout this guide.
- Rowan does not
- Look at your own case, tell you which route to choose, or say what the Home Office will decide. This guide shows the published rules and where to read them.
In short
- The 5 to 10 year change is a proposal. It is not in the Immigration Rules.
- The consultation closed on 12 February 2026 and no outcome has been published.
- It is a time adjustment model, not a points system.
- Transitional arrangements for people already part-way through were asked about, not answered.
The 2025 immigration white paper proposed that settlement should be earned rather than granted after a fixed period. The earned settlement consultation, open from 20 November 2025 to 12 February 2026, proposed a default qualifying period of 10 years instead of 5, with listed reductions and increases. It is a time adjustment model, not a points system. GOV.UK says the responses are still being analysed and no outcome has been published, so the current rules still apply. The one settlement change that has been laid is the English requirement rising from B1 to B2 from 26 March 2027.
What Was Proposed
The 2025 immigration white paper, Restoring control over the immigration system, set out the principle. The consultation that followed, A fairer pathway to settlement, put it in detail. Its wording is direct: “Settlement will no longer be granted automatically after a fixed period. Instead, migrants will need to earn it by demonstrating sustained good conduct, contribution and integration.”
On the qualifying period it says: “The default qualifying period for settlement will be increased from the current 5 years to 10 years.”
How the Proposal Works
This is not a points system, and calling it one gets the mechanism wrong. The consultation proposes a baseline number of years that is adjusted up or down by listed factors.
Listed reductions
- Income above £125,140 for 3 years: minus 7 years
- Income above £50,270 for 3 years: minus 5 years
- Global Talent and Innovator Founder, after 3 years' continuous residence: minus 7 years
- Partner, parent or child of a British citizen: minus 5 years
- Hong Kong British National (Overseas) route: minus 5 years
- Public service employment at RQF level 6 or above, over 5 years: minus 5 years
- Community volunteering: minus 3 to 5 years
- English at C1 level: minus 1 year
Listed increases
- Claiming public funds for under 12 months: plus 5 years
- Claiming public funds for over 12 months: plus 10 years
- Illegal entry: plus up to 20 years
- Entry as a visitor: plus up to 20 years
- Overstaying by 6 months or more: plus up to 20 years
The consultation also proposes a 20-year baseline for people with refugee status, with reductions available. Our guide to the supposed points system covers the same ground from the other direction.
Two Requirements That Could Not Be Traded
Under the proposal, applicants would have to meet English at B2 level and pass the Life in the UK test. Neither could be offset against any of the factors above.
Where It Has Reached
The consultation ran from 20 November 2025 to 11:59pm on 12 February 2026. GOV.UK states: “We are analysing your feedback. Visit this page again soon to download the outcome to this public feedback.” No outcome has been published.
No statement of changes has been laid to alter the settlement qualifying period. That means:
- The qualifying periods in the current Immigration Rules are the ones that apply.
- A change would be made by a statement of changes, published in the GOV.UK statement of changes collection, with a stated date on which it takes effect.
- Nothing published says how people already part-way through a qualifying period would be treated.
What Has Been Laid
One settlement change has been made, and it is about English rather than years. The Home Office announced on 5 March 2026 that the English requirement for settlement rises from B1 to B2, taking effect from 26 March 2027, on routes including Skilled Worker, Scale-up, Global Talent and Long Residence. Its news story describes B2 as the A level equivalent standard, raised from the GCSE level standard.
On work routes the higher standard arrived earlier: B2 has been required for new Skilled Worker applications since 8 January 2026. See our English language tests guide.
Settlement Already Granted
A grant of indefinite leave to remain is not withdrawn because the qualifying rules changed afterwards. Settlement does lapse on its own terms if the holder spends more than 2 continuous years outside the UK, and settled status under the EU Settlement Scheme lapses after 5 continuous years outside, or 4 for Swiss nationals. See our absence rules guide.
Following the Proposal
Two GOV.UK pages carry any development first: the earned settlement consultation page, where the outcome will be published, and the statement of changes collection linked above, where a rule change would appear.
Only a person regulated by the Immigration Advice Authority or a solicitor can advise on an individual case. See our guide to getting help with an application and our settlement guide for the rules as they stand.
Questions and answers
Is the settlement qualifying period changing from 5 to 10 years?
Not yet. It is a proposal. The 2025 immigration white paper set out the idea, and the earned settlement consultation of November 2025 put it in detail. The consultation closed on 12 February 2026 and GOV.UK says the responses are still being analysed. No statement of changes has been laid to alter the qualifying period.
Would the change affect people already part-way through a 5-year route?
No answer has been published. The consultation asks for views on whether transitional arrangements should apply to people already on a settlement pathway. It does not state what those arrangements would be.
Which routes would be affected?
The consultation proposes a 10-year default for most routes, with named reductions. Partners, parents and children of British citizens and Hong Kong British National (Overseas) route holders are listed at minus 5 years, and Global Talent and Innovator Founder at minus 7 years after 3 years' continuous residence. Settled status under the EU Settlement Scheme is stated to be out of scope.
Is this a points system?
No. The consultation describes a time adjustment model, where a baseline number of years moves up or down against listed criteria. Nothing is scored in points and there is no threshold to reach.
What has actually become law?
One related change. The English requirement for settlement rises from B1 to B2 from 26 March 2027 on routes including Skilled Worker, Scale-up, Global Talent and Long Residence. That was laid on 5 March 2026 and is not yet in force.
This guide is general information about published immigration rules. It is not advice about an individual application under s.82 Immigration and Asylum Act 1999, and Rowan is not regulated by the Immigration Advice Authority. Immigration rules change several times a year. For advice on a particular situation, contact an adviser authorised by the Immigration Advice Authority or an immigration solicitor. Always check GOV.UK for the authoritative current rules.