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 points-based system will increase the standard qualifying period for settlement to ten years.”

With Reform UK announcing in September its 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. With written evidence being accepted up to 2 December, we can confidently expect no implementation of the proposal until 2026 at the earliest. 

Whilst this is unwelcome news for many, it would be worthwhile examining whether you 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 only expected to affect those currently on a work-sponsored route. As such, those on a five-year family path to settlement need not be concerned. 

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

“We will expand the points-based system to allow those with greater contributions to qualify sooner.”

What this will ultimately mean is currently unclear, though it is expected that one’s “contributions” are likely to relate to grasp of the English language, 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. 

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.

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