Proposed changes to settlement

In November 2025, the Home Secretary Shabana Mahmood proposed a radical restriction of routes to settlement for migrants and refugees.

These proposals have not come into force yet. The government has started a public consultation until 12 February 2026, and we can expect to start seeing policy changes from April 2026.

But while a lot remains to be decided, it is important to understand how these changes could affect you. If this is something you care about, we urge you to take 10 minutes to respond to the consultation.

Participate in the consultation before it closes on 12 February 2026

Who will be affected by the settlement changes?

The government's proposals are retroactive. This means the changes are expected to affect all foreign nationals who are currently in the UK, and who do not yet have ILR, including people with pending applications for ILR.

However, the government is consulting on whether transitional arrangements should apply to this group of people. This is one of the many reasons it is so important to respond to the consultation.

The government has said that some groups of people will not be affected by the changes and will continue to retain their current routes to settlement.

Who is not affected by the changes?

The government has said in its proposals that the following groups of people will not be affected by the planned changes to settlement:

People who already have settled status or ILR. They will not be stripped of this status.
People with BN(O) visas. They will still need 5 years’ residence to qualify for ILR.
Parents, partners and children of British citizens on family visas. They will still need 5 years’ residence to qualify for ILR. It is unclear whether other holders of family visas (e.g. relatives of people with ILR) are affected.
People with Pre-Settled Status under the EU Settlement Scheme. Because their rights are protected by the UK’s Withdrawal Agreement with the EU, nothing will change for them.

New core requirements to get ILR

Most migrants looking to settle will be required to meet the following new core requirements:

Pass the English language proficiency requirement, which would be raised from the current B1 (GCSE equivalent) to B2 (A-level equivalent). This is not subject to consultation.
Show they have earned and paid tax. The current proposal is that people have to earn at least £12,570 a year, for at least 3 to 5 years. While the minimum earnings threshold and duration of employment are subject to consultation, the requirement to work is not.

There may be some exceptions to these rules, such as for people who are already native speakers of English (who are unlikely to be expected to show English proficiency with a test), or for people who are unable to work due to their age or disability. This is not yet confirmed. If you think these changes will affect you, the best way to prepare is to sign up for an English course, and get support with employability.

To get support with improving your English, search online ‘ESOL classes near me’. Your local authority is likely to have a course on offer, or you can contact a private provider. If you live in London, the Greater London Authority has built an ESOL directory.

A new ‘earned’ settlement model

Currently, people can typically apply to settle in the UK after 5 years, and if they meet the general criteria of the visa or protection route they are on.

The new ‘earned settlement model’ changes this in two important ways. First, it increases the general qualifying period from 5 years to 10 years. Second, it introduces new criteria on the basis of which these 10 years can reduce, or increase, including up to 30 years. This includes:

Income: High earners would have a shorter wait.
English proficiency: People who speak English at level C1 or above may have a shorter wait.
Volunteering: Those able to volunteer - and receive accreditation for doing so - could have their wait reduced.
Occupation: Certain public service roles, such as in the NHS would be given a shorter wait, but most would not.
Claiming benefits: People who have claimed benefits, or who do so in the future, would be penalised by adding 5-10 years to their wait.
Route to the UK: People who entered on a visit illegally, on a visa, or who overstayed their visa by more than 6 months would have to wait another 20 years.
Migrant care workers and Skilled Workers in middle-skilled occupations have been harshly singled out with a baseline qualifying period of 15 years.

If there are multiple factors that either extend or reduce the baseline qualifying period, the single factors with the greatest impact from each category will be picked and traded off against each other to produce the final qualifying period.

How earned settlement could work in practice

For example, someone may be able to reduce their qualifying period by 5 years if they have earned an annual taxable income of £50,270 for 3 years immediately before applying for settlement. Certified volunteering work could mean a 3-5 year reduction, while working in a specified public service occupation for 5 years could mean a 5-year reduction.

Someone claiming benefits, on the other hand, even if only for a short period, could see their qualifying period extended by a further 5 to 10 years. For people who have entered the UK without documentation or on a visitor visa, 20 years would be added to their qualifying period, totalling 30 years until they can apply to settle.

How individual paths to settlement would be calculated

Attribute	Adjustment to baseline qualifying periods
Applicant has competency in English language at C1 Level under the Common European Framework of Reference for Languages	Minus 1 year
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
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
Applicant holds a permission granted under the British National Overseas route . (Not subject to consultation)	Minus 5 years
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
Applicant has been in receipt of public funds for less than 12 months during route to settlement	Plus 5 years
Applicant has been in receipt of public funds for more than 12 months during route to settlement	Plus 10 years
Applicant arrived in the UK illegally e.g. via small boat/ clandestine	Plus up to 20 years
Applicant entered the UK on a visit visa	Plus up to 20 years
Applicant has overstayed a permission for six months or more	Plus up to 20 years

Challenging the proposed changes to ILR

We are extremely concerned that by significantly extending the qualifying period to settlement for many people, these changes will extend the time migrant workers spend on high-risk, employer-sponsored visas; increase the risk of poverty for migrant children and families, who are generally excluded from public funds; and damage community integration.

If, like us, you are worried by these changes, we urge you to take 10 minutes to respond to the consultation.

Visit our campaign page for more ways of challenging the government’s proposed changes to ILR.

Current rules

Oppose settlement restrictions