The Home Office confirmed on 2 November 2026 that indefinite leave to remain will take 10 years by default under earned settlement, down to 5 years for earnings of £50,271 and 3 years for £125,141. Applicants need B2 English, no criminal record and no government debt.
TL;DR · LAST REVIEWED 2 NOVEMBER 2026
- Indefinite leave to remain now takes 10 years by default, with earnings of £12,571 in 5 of the previous 7 years.
- The wait falls to 5 years for earnings of £50,271 and to 3 years for £125,141; public funds or a breach mean 20 years.
- Care workers on the route before May 2025 earning £25,000 keep a 5-year route, as do family of British citizens and BN(O) holders.
- Every applicant needs B2 English, no UK criminal record and no government debt.
- 84% of 202,241 individuals who responded to the consultation disagreed with the changes.
Earned settlement at a glance
| Pathway | Wait | Earnings |
| Exceptional contribution | 3 years | £125,141 |
| Higher earners and public service | 5 years | £50,271 |
| Default | 10 years | £12,571 |
| Public funds or breach | 20 years | £12,571 |
Source: Home Office CP 1707
KEY FACTS
- Announced: 2 November 2026, Home Secretary statement and government response CP 1707 (GOV.UK).
- Default wait for indefinite leave to remain: 10 years (Home Office CP 1707).
- Consultation responses: 205,571, of which 84% of individuals disagreed with the changes (Home Office findings).
- Survey of 4,728 route holders: 87% would apply under current rules, 48% under earned settlement (IFF Research for the Home Office).
- Rules applied: those in force on the date of the settlement decision, not the date of arrival.
What the Home Office announced on 2 November 2026
On 2 November 2026 the Home Secretary told the House of Commons the government's final decisions on earned settlement, the new system for indefinite leave to remain. The decisions are set out in the government response A Fairer Pathway to Settlement, command paper CP 1707.
The Home Office says settlement will no longer be granted automatically after a fixed period and has to be earned through good conduct, contribution and integration. The consultation ran from 20 November 2025 to 12 February 2026 and received 205,571 responses.
Applications are decided under the Immigration Rules in force on the date of the settlement decision, so being in the UK gives no automatic right to settle under the rules in force on arrival. The response says detailed guidance follows in 2027.
The new qualifying periods
The default wait for indefinite leave to remain is 10 years, with earnings of at least £12,571 a year in 5 of the previous 7 years. The wait is 5 years for applicants earning at least £50,271 a year in 3 of the last 5 years, for eligible public service workers and for people with a British connection. The wait is 3 years for applicants earning at least £125,141 a year in 3 of the 4 years before applying.
Applicants who claimed specified public funds, or who committed an immigration breach as an adult, face a 20-year wait. Couples can meet the income test with a combined household income of £25,142. Children, people aged 65 and over and people unable to work because of a physical or mental condition are exempt from the £12,571 test.
| Pathway | Wait | Earnings or basis |
|---|---|---|
| Exceptional contribution | 3 years | £125,141 a year in 3 of the 4 years before applying |
| Higher earners, public service, British connection | 5 years | £50,271 a year in 3 of the last 5 years, or 5 years in an eligible public service job |
| Default | 10 years | £12,571 a year in 5 of the previous 7 years |
| Public funds claimed or immigration breach | 20 years | £12,571 a year in 5 of the previous 7 years |
| Couples | Per pathway | Combined household income of £25,142 |
Source: Home Office: A Fairer Pathway to Settlement (CP 1707)
Requirements for every applicant
Under the settlement rules, any adult applicant with a UK criminal record will be refused settlement. Applicants must also have no outstanding government debt, including NHS, tax, National Insurance and Home Office litigation debt. The English requirement is B2 level, and the Life in the UK test is kept.
Applicants on the 3, 5 and 10-year pathways must not have accessed specified public funds in the 5 years before applying. Children under 18 are exempt from the income, debt, English and Life in the UK requirements, but they are not exempt from suitability and criminality checks.
| Requirement | Rule |
|---|---|
| Criminal record | Any adult with a UK criminal record is refused |
| Government debt | No outstanding NHS, tax, National Insurance or Home Office debt |
| English | B2 level |
| Life in the UK test | Kept, with exemptions for under 18s and people aged 65 and over |
| Public funds | None of the specified public funds in the 5 years before applying |
| Immigration breach as an adult | Moves the applicant to the 20-year pathway |
Source: Home Office: CP 1707
Who keeps a 5-year route
Care workers who entered or switched into the route before the May 2025 Immigration White Paper keep a 5-year route if they earn £25,000 a year and meet their sponsorship and employment requirements. Care workers who do not qualify after 5 years can apply for a further 5-year Health and Care visa for genuine care work, with no recourse to public funds. From 1 February 2027, care workers whose sponsor loses its licence will have 120 days to secure a new job offer and a further 60 days to resolve their status.
Public service workers below degree level on national pay scales who arrived before May 2025 keep a 5-year route as a one-off arrangement. Partners, parents and children of British citizens and Hong Kong BN(O) holders keep a 5-year route.
Bereaved partners and victims of domestic abuse can settle immediately, and the Windrush route has no qualifying period.
| Group | Settlement |
|---|---|
| Care workers on the route before May 2025 earning £25,000 | 5 years |
| Public service workers below degree level on national pay scales, before May 2025 | 5 years |
| Partners, parents and children of British citizens | 5 years |
| Hong Kong BN(O) | 5 years |
| HM Armed Forces personnel | 4 years of reckonable service |
| Bereaved partners and victims of domestic abuse | Immediate settlement |
| Windrush | No qualifying period |
Source: Home Office: CP 1707
Refugees and protection routes
Refugees on safe and legal routes can settle after 5 years and are exempt from the public funds rule. People on Protection Work and Study wait 10 years from when they move onto that route. Core Protection carries a 20-year wait.
Illegal entry adds 10 years, so Core Protection after illegal entry means 30 years.
| Route | Wait |
|---|---|
| Safe and legal routes | 5 years |
| Protection Work and Study | 10 years |
| Core Protection | 20 years |
| Core Protection after illegal entry | 30 years |
| Protection Work and Study after illegal entry | 20 years |
Source: Home Office: CP 1707
What the consultation and survey found
The Home Office consultation received 205,571 responses, of which 202,241 came from individuals online and 2,426 from organisations online. Among individual respondents, 73% held a current visa and 18% were British citizens. Overall, 84% of individuals and 79% of organisations disagreed with the proposed changes, and 72% of individuals disagreed with the 15-year wait first proposed for jobs below degree level, including care roles.
In a Home Office survey of 4,728 visa and protection route holders carried out by IFF Research, 87% said they would apply for settlement under the current rules and 48% under an earned settlement model. Of survey respondents, 82% agreed that people already on a 5-year route needed protection. Among route holders who were unsure or did not intend to apply, 53% were thinking about leaving the UK.
| Question | Individuals | Organisations |
|---|---|---|
| Disagreed with the proposed changes overall | 84% | 79% |
| Wanted transitional arrangements for people already on a route | 68% | 73% |
| Disagreed with a 15-year wait for jobs below degree level, including care | 72% | 78% |
| Wanted children and young adults who grew up in the UK exempt | 74% | 77% |
| Backed a penalty of at least 5 years for illegal entry | 69% | 53% |
Source: Home Office: earned settlement public consultation findings
| Finding | Share |
|---|---|
| Would apply for settlement under the current rules | 87% |
| Would apply under an earned settlement model | 48% |
| Agreed people already on a 5-year route needed protection | 82% |
| Would have come to the UK with a 10-year wait | 37% |
| Of those unsure or not applying, thinking about leaving the UK | 53% |
Source: Home Office: earned settlement targeted research findings (IFF Research)
RELATED GUIDES
DISCLAIMER
This article is editorial information, not financial advice. Kael Tripton Ltd is not authorised or regulated by the Financial Conduct Authority. Figures were correct at the last review date shown above; verify current rates and rules with the primary sources listed below before acting.
Frequently asked questions
How long does ILR take under earned settlement?
Under earned settlement, indefinite leave to remain takes 10 years by default, with earnings of £12,571 in 5 of the previous 7 years. It is 5 years for earnings of £50,271 and 3 years for £125,141, and 20 years after claiming public funds or an immigration breach.
Do the new ILR rules apply to people already in the UK?
Yes. Applications are decided under the rules in force on the date of the settlement decision. Care workers and some public service workers who arrived before May 2025 keep a 5-year route.
Do care workers still get ILR after 5 years?
Care workers on the route before May 2025 who earn £25,000 and meet their sponsorship conditions keep a 5-year route. Others can apply for a further 5-year Health and Care visa.
What English level is needed for ILR?
B2 level is needed for all applicants on the main pathways, and the Life in the UK test is kept.
Who is not affected by earned settlement?
Partners, parents and children of British citizens and Hong Kong BN(O) holders keep 5-year routes. Windrush, armed forces, bereaved partner and domestic abuse routes keep their own terms.
SOURCES
- GOV.UK: Home Secretary's statement on earned settlement, 2 November 2026, accessed 2 November 2026
- Home Office: A Fairer Pathway to Settlement, government response (CP 1707), accessed 2 November 2026
- GOV.UK: Earned settlement consultation, accessed 2 November 2026
- Home Office: Earned settlement consultation findings, 2 November 2026, accessed 2 November 2026
- Home Office: Earned settlement public consultation findings, accessed 2 November 2026
- Home Office: Earned settlement targeted research findings (IFF Research), accessed 2 November 2026
