Indefinite leave to change: the ongoing saga over “earned” settlement

If you are in the UK on one of the many routes to settlement, or if you are an employer of sponsored workers, you will be familiar with the barrage of news on the subject of the right to permanently settle in the UK.

The government white paper published in May proposed:

“This expansion of the Point-Based System will increase the standard qualifying period for settlement to ten years.”

With Reform UK announcing in September their plans to scrap indefinite leave to remain entirely, the current position has become very confused.

As of today, the government has not yet implemented any change to the current structure for settlement.

On 21 October, the Home Affairs Committee launched an inquiry tasked with examining the white paper proposal, and with written evidence being accepted up to 2 December.

Since then, a new consultation opened in late November named “A Fairer Pathway to Settlement: A statement and accompanying consultation on earned settlement.” The consultation will run until 12 February 2026, with a view to introducing real changes in April 2026.

Whilst this is unwelcome news for many, it would be worthwhile examining whether you or your employees are included within the scope of the proposed changes. It is worth noting the following passages from the white paper itself:

“We will therefore reform the current rules around settlement through an expansion of the principle behind the Points-Based System.”

“We will continue to offer a shorter pathway to settlement for non-UK dependants of British citizens to five years.”

“We will retain existing safeguards to protect the vulnerable, including settlement rights for victims of domestic violence and abuse.”

From what we know, this change is expected to affect those currently on a work-sponsored route. As such, those on a 5-year family path to settlement need not be concerned. Interestingly, the pre-existing long residence route may be closed as a result of this reform.

For those whom this upcoming change will affect, some solace may be taken as to what is being considered “earned settlement”. The white paper first indicated that:

“We will expand the Points-Based System to allow those with greater contributions to qualify sooner.”

What this meant was initially unclear, with one expecting such “contributions” to relate English language skills, criminal record, consistent employment, use of benefits, and involvement with their local community – only the latter half of these factors being any different to the current requirements to settle in the UK.

Following the consultation paper, we now have a proposal in the form of a contribution attribute table:

Pillar	Attribute	Adjustment to baseline qualifying periods
Integration	Applicant has competency in English language at C1 Level under the Common European Framework of Reference for Languages	Minus 1 year
Contribution	Applicant has earned a taxable income of £125,140 for 3 years immediately prior to applying for settlement	Minus 7 years
	Applicant has earned a taxable income of £50,270 for 3 years immediately prior to applying for settlement	Minus 5 years
	Applicant has been employed in a specified public service occupation for 5 years	Minus 5 years
	Applicant has worked in the community (volunteering, etc)	Minus 3-5 years
Entry and residence	Applicant holds a permission as the parent/partner/child of a British citizen and meets core family requirements Not subject to consultation	Minus 5 years Not subject to consultation
	Applicant holds a permission granted under the British National Overseas route Not subject to consultation	Minus 5 years Not subject to consultation
	Applicant has 3 years continuous residence as the holder of a permission as a Global Talent worker or Innovator Founder	Minus 7 years
	Acknowledgement of specific and vulnerable groups having a reduction	Subject to consultation

For those currently on a work-based sponsored route, or if you are an employer of sponsored workers, please get in touch with our immigration team for assistance to review the current pathway to settlement and for support in helping you or your employees along the way.

Written by

Related News, Insights & Events

Error.

No results.

1
2
3