On 2 November 2026 the Home Secretary set out how settlement in the UK is going to work in future. The headline is simple and it affects almost everyone currently working towards indefinite leave to remain: the standard qualifying period rises from five years to ten.

Shorter routes remain for some people. Longer ones are being introduced for others. And a detail that has had very little attention — the ten-year route carries its own earnings test, so reaching ten years does not by itself qualify you.

Before going further, one point needs stating plainly, because a great deal of what is circulating online gets it wrong.

None of this is law yet. The Immigration Rules have not been changed. If you qualify for settlement under the current five-year rules today, those are still the rules that apply to your application today.

What follows is what has been announced, what it means in practice, and what is worth doing about it now.

At Kenton Solicitors, our immigration team has advised applicants on settlement from our office in Harrow for over 20 years.

Call us on 020 8907 2444 or request a free consultation.

What Has Actually Been Announced

The government consulted on an “earned settlement” model between November 2025 and February 2026. On 2 November 2026 it published its response and the Home Secretary made a statement to Parliament confirming the direction.

The principle behind it is that settlement should reflect what someone has contributed, rather than simply how long they have been here. In practice that means your qualifying period depends on your earnings, your occupation, your immigration history and your connection to the UK.

The timetable given was that the changes will begin to be laid in the December Immigration Rules, with implementation spread across 2027.

The New Qualifying Periods

Three Years

For people making what the government calls an exceptional economic contribution. This requires earnings of £125,141 in three of the four years immediately before applying, or qualifying through the Highest Talent Group — that second element is subject to review pending a report from the Migration Advisory Committee.

Five Years

For people making a strong contribution. You need one of the following:

• Earnings of £50,271 in three of the five years immediately before applying
• Five years in an eligible public service occupation — doctors, nurses and teachers among them
• A British connection, such as being the partner, parent or child of a British citizen

Hong Kong British National (Overseas) holders, armed forces members and legacy routes such as Windrush also keep their existing position.

Ten Years

The starting point for everyone else — and the part most reporting has glossed over.

Ten years is not automatic. The proposal attaches an earnings requirement of £12,571 a year in five of the seven years before you apply. Couples may be able to combine earnings against a household figure of £25,142.

So someone on a modest income who has been here ten years still has to show that earnings history. Anyone whose work has been interrupted — by caring responsibilities, illness, a period out of work, or time on a visa that did not permit employment — needs to look at this carefully rather than assuming ten years of residence is enough.

Twenty Years

For people whose immigration history or use of public funds prevents them qualifying earlier. The earnings test is the same as for the ten-year route.

Separate and longer periods are proposed for refugees depending on how they arrived and which route they are on.

Requirements That Apply to Everyone

Whichever period applies, the same conditions are proposed across the board:

• English language — B2 is intended to become the usual standard, which is higher than the level most settlement applicants need now
• Life in the UK test — continuing, with exemptions for age and disability
• No criminal record — an adult applicant with a UK criminal record would be refused
• No outstanding government debt — including NHS and tax debt
• National Insurance contributions — at least three years
• No specified public funds in the previous five years

The English requirement has a confirmed date attached to it. B2 is to apply to specified settlement applications made on or after 26 March 2027. That is the one firm deadline in all of this, and it is worth noting if your English certificate is at a lower level.

Care Workers and Public Sector Staff

There is meaningful protection here, and it is narrower than the headlines suggest.

Care workers who entered or switched into the care route before the May 2025 Immigration White Paper and who met the salary condition of £25,000 a year in the sector can keep a five-year settlement pathway.

Those who did not meet the conditions — roughly a quarter of people who came into the route between 2022 and 2025 — may apply for a further five-year care visa instead. That visa is not tied to their previous employer.

Similar arrangements are proposed for certain healthcare and education workers identified by the Migration Advisory Committee.

Two caveats matter. The protection applies only to people who joined before 12 May 2025. And five years’ residence alone will not guarantee settlement — the other requirements still have to be met.

If You Are Already in the UK

This is the question almost everyone asks, and the answer is not comfortable.

The government has rejected a blanket five-year protection for everyone already living here. Its position is that the rules on settlement are determined when the settlement decision is made, not when someone arrived.

What that means in practice:

• If you already hold indefinite leave to remain, nothing changes for you.
• If you qualify under the current rules before the new ones take effect, the current rules apply.
• If your qualifying date falls after the change, you may find yourself on a longer route than the one you planned around.
• Targeted protection exists for some groups — care workers who arrived before May 2025, people with a British connection, BN(O) holders, armed forces — but it is targeted, not general.

Those earning under £50,000 who are caught by the change will be able to keep renewing their existing visas until they reach the longer qualifying period. Longer on a temporary visa means more applications, more fees and more health surcharge — which is a real cost even where the eventual outcome is the same.

If your five years falls due in 2027, the gap between qualifying and not qualifying could come down to a matter of months. That is the single strongest reason to get your dates checked now rather than later.

What You Should Do Now

• Work out your exact qualifying date. Not roughly — exactly. Absences, gaps in permission and time on other visas all affect it, and the difference between qualifying in 2027 and 2028 may be the difference between five years and ten.
• Apply as soon as you properly qualify. If you are eligible under the current rules, waiting serves no purpose and now carries a real risk.
• Check your English certificate. If it is below B2 and your application may fall after 26 March 2027, consider sitting a higher test.
• Deal with any government debt. Outstanding NHS or tax debt is proposed to be a mandatory bar. It is easier to resolve now than under time pressure.
• Keep your earnings records. Every proposed route has an earnings component. P60s, payslips and tax returns going back several years are going to matter.
• Care workers — check your dates and salary. Whether you entered before 12 May 2025 and whether you met the £25,000 condition determines which protection applies to you.

Our guides on when to apply for ILR and how long ILR takes set out how the current qualifying period is counted. Our ILR and settlement team can confirm your exact date and whether applying now is the better course.

A Word on What You Read Elsewhere

There has been a lot of inaccurate commentary about these changes, some of it alarming and some of it reassuring in ways that are not justified.

Two corrections worth making. The ten-year route is not automatic — it has an earnings test attached. And there is no blanket protection for people already in the UK, whatever you may have been told.

The detail will only be settled when the Immigration Rules are actually laid, expected from December. Until then, decisions are best made on your own dates and circumstances rather than on headlines.

If you are on a work route and wondering how this interacts with your visa, our guides to extending a Skilled Worker visa and the 2026 salary rules may help. Where an application has been refused, our immigration appeals team can advise on the options.

Frequently Asked Questions

This article was written on 6 November 2026 and reflects the government’s consultation response of 2 November 2026. These changes are proposals and the Immigration Rules have not yet been amended — the detail may change when the Rules are laid. Please confirm the current position on GOV.UK before making any decision, and contact us for advice specific to your circumstances.