What is the consultation about?
The government is consulting on changes to settlement (also known as indefinite leave to remain). It is proposing new income and language requirements, as well as increasing the standard qualifying period from five to ten years. Under the plans, this timeline could be shortened or extended depending on a person’s ‘contributions’ to the UK.
The new model is based on the idea that people must ‘earn’ the right to stay in the UK permanently, rather than becoming eligible automatically after a set period. Overall, the proposals would make the route to settlement longer and more difficult for most people.
What are the proposed changes to settlement
Requirements
The government wants to change the requirements people need to meet to get settled, and make some of the existing requirements tougher. To get settlement, people would need to:
- earn a salary above £12,570,
- have B2 level English,
- pass the Life in the UK test,
- have no criminal record, and
- have no debt to the government.
Timescales
The proposals would also make the wait to become settled longer. For most people, the standard time to become settled would increase from five years to ten years. However, the Home Office would be able to shorten or extend this timeline, depending on circumstances. People would be able to ‘earn’ a shorter route to settlement based on ‘contributions’, or be put on a longer route as a result of immigration breaches or claiming public funds.
The government is proposing that the standard time to become settled can be made shorter for people who:
earn a higher salary (£50,270 and above),
- have a higher standard of English (C1),
- work in certain public service occupations,
- do volunteer or community work, and
- have 3 years’ residence as a Global Talent worker or Innovator Founder.
The government is proposing that the standard time to become settled can be made longer for people who have:
claimed public funds (benefits),
- entered the country irregularly,
- overstayed a visa for six months or more, or
- initially entered the UK on a visit visa.
People working in jobs below degree level would also face a longer path to settlement.
As a result of these changes, some people would face waits of fifteen, twenty or even thirty years to become settled.
No Recourse to Public Funds condition
The government wants to introduce a No Recourse to Public Funds condition on settlement. This would mean that even if people get settlement, they would not be eligible for most benefits, homelessness assistance or social housing.
Who would this affect?
This would affect:
People on work or study visas.
- People with refugee status. There has been a separate announcement about a new, 20 year route to settlement for refugees on a new form of ‘core protection’ support.
- People currently on a ten year route to settlement.
The proposed changes would not affect some groups, including:
- people on the EU Settlement Scheme, and
- settlement under the Windrush Scheme.
The following groups would remain on shorter routes to settlement, but would still be subject to the minimum requirements.
- spouses and dependents of British citizens and
- British Nationals (Overseas) (BN(O)s) from Hong Kong.
The government has said there may be some exceptions or changes to these requirements for vulnerable groups of people, including:
- adult family members needing long-term care from a UK-based relative,
- people on a partner visa whose relationship has broken down due to domestic abuse,
- resettled refugees, and
- partners of UK citizens or settled people who have died.
This is part of what is being discussed in the consultation.
The government has said they want these changes to apply to people already in the UK. However, they are consulting on ‘transitional arrangements’ to decide whether the changes will apply to people already in the UK, or only to people who arrive after the changes are introduced.
These are still proposals, and the law has not yet changed.
Why this matters
The proposed changes would make it harder for people to get settlement. They would also increase the time it takes for most people to get settled. For certain groups, it could take up to 30 years. There is evidence that longer routes to settlement make people vulnerable to problems with housing, employment and money. Longer routes are likely to mean that more people lose their immigration status, as they have to re-apply for their status several times. There is also evidence that longer routes to settlement impact on people’s sense of belonging and ability to plan for the future, making them feel more insecure and less able to integrate.
The proposals are also likely to disadvantage certain groups of people, for example because they are more likely to claim benefits or be in lower paid jobs, and so are likely to face longer routes to settlement - including women, disabled people and elderly people.
There is lots of evidence that the No Recourse to Public Funds condition causes financial and housing difficulties, and can push people into poverty. The proposed changes will mean many more people have No Recourse to Public Funds, which is likely to increase poverty and hardship.
How to participate in the consultation
Some parts of the proposed changes to settlement are open to consultation. A consultation is where the government asks people to share their views on proposed changes to law or policy. Anyone can respond to the consultation - you can respond as an organisation, or as an individual.
The link to respond to the consultation is here.
Greater Manchester Immigration Aid Unit (GMIAU) and Praxis have produced an excellent explainer on the earned settlement proposals. GMIAU has produced a very helpful guide to completing the consultation. The deadline to respond is 12th February 2026.
Rejecting the consultation
Some organisations in the migrants’ rights sector are rejecting the consultation altogether. Coordinated by the Joint Council for the Welfare of Immigrants (JCWI), they argue that the consultation offers no real choice and should not be engaged with at all. They are asking people to instead sign a statement rejecting the proposals and consultation. You can find out more here.
