Earned settlement changes expected in 'Autumn 2026'

AuthorCaroline Sykes

The Home Secretary has said that the changes will be implemented in Autumn 2026 rather than April 2026 and will apply retrospectively.

April 2026 or Autumn 2026?

The new timeline of Autumn 2026 was mentioned in an interview with The Times on 1 March 2026:

"In an interview with The Times, Mahmood made clear that she would press ahead with the plans on indefinite leave to remain and confirmed that the changes would apply retrospectively to those already in the UK. She will change the law in the autumn and said the changes were vital because of the 'historically large numbers' that arrived since 2021."

The Home Secretary later reaffirmed that the changes would apply retrospectively to those already in the UK but who have not yet received settled status in a speech at the Institute for Public Policy Research (IPPR) on 5 March 2026.

The Government is currently reviewing more than 200,000 responses to its consultation on the earned settlement proposals, which closed on 12 February 2026.

It has been reported that more than 100 Labour MPs have signed a private letter urging Prime Minister Keir Starmer to reconsider changes to the immigration and asylum system.

What is earned settlement?

Settlement is another word for indefinite leave to remain (ILR).

If someone has ILR it means that there is no time limit on their ability to stay in the UK. They can work and study without restrictions, are eligible for welfare benefits and perhaps most significantly no longer need to renew their visas at significant cost. ILR can also be a step towards applying for British citizenship.

The ‘earned settlement’ proposals are complex but the central idea is that the baseline qualifying period for settlement will double from five years to a default of 10 years. From there, the earned settlement framework proposes for time to be added or deducted based on contributions and conduct covering English language, income, receiving public funds, and breaches of immigration law.

Other significant proposals include:

The current 10-year long residence route to settlement will be abolished
In the future people who are granted ILR may not be eligible to access benefits straight away

How will ILR work under the new rules?

If the proposed changes become law, the starting point is a 10-year baseline qualifying period. The proposals are outlined in the public consultation (now closed): A Fairer Pathway to Settlement: statement and accompanying consultation on earned settlement published on 20 November 2025.

All applicants will need to meet mandatory requirements to qualify for ILR including:

Character: applicants must not be excluded due to criminality or non-compliance with immigration laws. The applicant must have “no outstanding litigation, NHS, tax or other government debt”.
Integration: applicants must meet the English requirement at level B2 (increased from B1) and pass the Life in the UK test (to be reformed) unless exempt.
Contribution: applicants must have earned more than £12,570 for 3-5 years before applying for ILR.
Lawful continuous residence: as under the existing rules, applicants will need to show that they have been continuously resident for a certain period to qualify and must not have excess absences.

Applicants will then need to assess the reductions and penalties which apply to them.

Factors which will reduce the baseline period for ILR

Faster ILR factors	Deduct
High level of English (C1)	1 year
Taxable income of £125,140	7 years
Taxable income of £50,270	5 years
Employed in specified public service occupation for 5 years (roles TBC but it is proposed this will not include care workers)	5 years
Worked in the community e.g. volunteering	3-5 years
Married to a British citizen	5 years
BN(O) visa	5 years
Global Talent or Innovator Founder visa	7 years

Factors which will increase the baseline period for ILR

Slower ILR factors	Add
Receiving public funds for less than 12 months	5 years
Receiving public funds for more than 12 months	10 years
Arriving illegally	Up to 20 years
Entering on a visit visa	Up to 20 years
Overstaying for 6 months or more	Up to 20 years
Skilled Worker visa below RQF level 6 skill level	5-6 years

Abolition of the 10-year long residence ILR route

One of the most significant changes is that the route to ILR based on 10 years’ long residence in the UK will become obsolete.

“A consequence of the proposed system is that there will no longer be a separate long residence route. The purpose of the existing long residence route will be superseded by arrangements in which the baseline qualifying period is adjustable for considerations relating to contribution and integration.”

Those who already qualify under the 10-year route - or who will qualify before Autumn 2026 - should consider applying before the rules change.

Will the changes apply retrospectively?

One of the most significant questions is whether the changes will apply to those already in the UK. Although not definitively confirmed, the answer seems to be "yes".

The consultation said “we propose to apply these changes to everyone in the country today who has not already received indefinite leave to remain. This would mean that those who are due to reach settlement in the coming months and years would be subject to the new requirements for earned settlement, as soon as our immigration rules have changed”.

The public consultation – which received more than 200,000 responses – invited views on whether there should be transitional arrangements for those already in the UK.

However, since the consultation closed on 12 February and before the results have been announced, the Home Secretary has affirmed that the changes will apply retrospectively to those already in the UK.

What about British citizenship?

The government announced in the white paper that they plan to introduce reforms to citizenship to bring citizenship rules in alignment with new earned settlement rules. As the new earned settlement rules have not yet been made law, the full details are not confirmed and are subject to primary legislation. However, some people will no doubt find it harder to qualify under the new system. Those who are already eligible but who have not applied yet should consider applying as soon as possible.

The proposed changes include:

Increasing the standard qualifying period
Allowing those with “greater contributions to qualify sooner”
Introduce measures to reduce the financial barriers from accessing British citizenship for young adults who have lived in the UK through childhood
Refresh the life in the UK test

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