From Five Years to Ten: The UK's New Earned Settlement Framework
On November 2, 2026, the UK Home Office published its response to its "A Fairer Pathway to Settlement" public consultation. It confirms that the standard qualifying period for settlement (indefinite leave to remain) will rise from five years to ten.
Key Takeaways
- Ten years becomes the default. Higher earners and certain public service workers can still settle in five years, and the highest earners in three.
- Current employees are affected. The changes apply to most people already in the UK who have not yet settled, not just new arrivals.
- No start date yet. Rule changes are expected to be laid from December 2026, with implementation over the course of 2027. Until then, the current five-year routes still apply.
Settlement in the UK
Settlement gives a person the right to live and work in the UK without immigration restrictions, and it is usually a step toward British citizenship. Under the current rules, most migrants can apply after five years. The move to a ten-year baseline was first announced in the Immigration White Paper in May 2025.
How the New System Works
The government considered 204,667 consultation responses. Under the final framework, the time it takes to settle will depend on four factors: character, contribution, integration, and residence.
Every applicant must also meet baseline requirements, including:
- good character, with no relevant criminal record
- no debt owed to the government, such as unpaid NHS charges, taxes or National Insurance contributions
- a record of sustained National Insurance contributions
- English language ability
The framework does more to keep families together, so eligible partners and children will find it easier to settle alongside the main applicant.
Qualifying Periods
Wait | Who qualifies |
3 years | Earned at least £125,141 in 3 of the last 4 years, or arrived through the highest talent routes |
5 years | Earned at least £50,271 in 3 of the last 5 years; worked 5 years in an eligible health or education role, such as doctors, nurses or teachers; or has a British connection, such as the partner, parent or child of a British citizen, or UK Ancestry |
10 years | Everyone else earning at least £12,571 in 5 of the last 7 years |
20 years | Those who claimed public funds in the 5 years before applying, or breached immigration rules as an adult |
The earnings thresholds are tied to income tax and National Insurance bands and will move with them. Couples can combine their earnings, so a joint income of £25,142 meets the minimum. Additional guidance will be provided by the Home Office in the coming months.
What Employers Should Do Now
Please reach out to your Pryor Cashman attorney to assist you with the following:
- Map your workforce. Identify sponsored employees who are not yet settled and estimate their likely pathway under the new rules.
- Prioritize those near five years. Confirm whether they can apply under the current rules before the changes take effect.
- Look for faster routes. Review who may qualify for the three-year or five-year routes on salary or occupation.
- Check pay structures. Salary sacrifice and pension contributions may matter for employees near the £50,271 threshold if earnings are measured as taxable income.
- Budget for longer sponsorship. A ten-year path means more visa extensions, more Certificates of Sponsorship and higher immigration costs.
- Talk to affected employees early. Many will have questions about timing and their families.
What's Next
The next step is a formal Statement of Changes to the Immigration Rules, followed by updated Home Office guidance. Pryor Cashman will keep monitoring the Home Office for these publications and will share updates as they become available.
If you have any questions or would like to discuss further, please contact your Pryor Cashman attorney.
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Counsel Michelle Muñoz-Machen was a contributing author to this client alert.
