The UK Government's "Fairer Pathway to Settlement": What does this mean for migrants?

This latest development follows the controversial Immigration White Paper published in March announcing plans to “restore control over the immigration system” and the government has now released a detailed consultation on how these changes are proposed to be implemented.

A key headline is the introduction of an “earned settlement” policy. But what does this mean for migrants already in the UK and those planning to relocate in the coming years?

The current settlement framework

Settlement (also known as Indefinite Leave to Remain) allows individuals to live and work in the UK without restriction. Currently, the most common routes to settlement require a minimum qualifying period of 5 years, though some exceptional routes allow for settlement after 3 years, and certain cases (such as long residence or private life routes) require 10 years.

To qualify, individuals must:

• Demonstrate integration (knowledge of English and life in the UK)
• Not have breached immigration law or committed criminal offences
• Meet any additional route-specific requirements

What is "earned settlement"?

The government has proposed a shift from what they have termed "automatic" settlement to “earned” settlement. Under the new model, applicants must show a sustained commitment to the UK through work, community involvement, or other meaningful contributions before being granted permanent status.

The default qualifying period for settlement will now increase from 5 to 10 years and will be assessed against four key pillars:

1. Character: Applicants must meet strict character requirements, including a clean criminal record and a history of compliance with immigration rules.
2. Integration: Applicants will require to demonstrate a "meaningful engagement with British society" including an increased English language requirement (B2 CEFR).
3. Contribution: Applicants must demonstrate "sustained and measurable economic contribution", such as paying income tax and National Insurance.
4. Residence: Continued residence will remain essential but will not be sufficient on its own.

How long will it take to settle?

The new system introduces a “time adjustment” model. While the standard period for settlement will be 10 years, this can be reduced or increased based on individual circumstances.

Reductions to the qualifying period

• Advanced level of English (C1 CEFR): minus 1 year
• High income (£125,140 for 3 years): minus 7 years
• Higher-rate income (£50,270 for 3 years): minus 5 years
• Employment in specified public service roles (e.g., NHS, teaching) for 5 years: minus 5 years
• Significant volunteering/community work: minus 3–5 years

Increases to the qualifying period

• Individuals working in medium skilled roles below RQF level 6: plus 5 years
• Receipt of public funds for less than 12 months: plus 5 years
• Receipt of public funds for more than 12 months: plus 10 years
• Illegal entry, entry on a visit visa, or overstaying by 6 months or more: up to plus 20 years

It is worth nothing that the government have confirmed that those currently in the UK under the EU Settlement Scheme will not be affected by the proposed changes. This will also apply to spouses and dependants of British citizens who will remain eligible for settlement after 5 years.  

Other key proposals

No recourse to public funds

The government is also consulting on whether those granted settlement should be subject to a “no recourse to public funds” condition, meaning access to benefits would only be available after naturalising as a British citizen.

Dependants

Currently, dependants (partners and children) can usually settle at the same time as the main applicant. Under the new proposals, dependants (except children under 18) will need to meet settlement requirements independently. The government is however consulting on transitional arrangements for those who turn 18 during the qualifying period.

How will this affect me if I am already in the UK?

It is not yet confirmed whether the new proposals will apply equally to those already in the UK with visa status and the consultation is currently reviewing whether transitional arrangements should be applied. In the past these have acted as temporary measures to manage the shift from the old to the new rules, allowing individuals to benefit from the previous requirements which existed when they were first granted permission.

What action should I take now?

It is understandably that the latest announcements will be causing significant concern for individuals in the UK due to the uncertainty around their long-term future in the UK. However, it is important to note that the proposals are not yet law. The government has launched a 12-week consultation period, seeking views from the public and stakeholders on the proposed changes. If you wish to participate, you can access the consultation questionnaire here.

The consultation closes at 23:59 on 12 February 2026. Once it concludes, the government will announce the final version of the earned settlement policy. Although it is likely that this will vary slightly from the current proposals, it is unclear to what to extent.

If you have questions or concerns about how these changes may affect you, please contact our immigration team to discuss your individual circumstances.