On 2 November the Home Office published A Fairer Pathway to Settlement, its response to last year’s consultation on ‘earned settlement’. It confirms the biggest change in a generation to how migrants obtain indefinite leave to remain (ILR).
Ten years becomes the norm
The standard time it takes to qualify for settlement doubles from five years to 10. Faster and slower routes sit on either side of that, depending on a person’s earnings, character and immigration history:
- Three years for exceptional contributors earning at least £125,141 in three of the last four years.
- Five years for those earning at least £50,271 in three of the last five years, people in eligible health and education public service roles, or those with a recognised British connection.
- Ten years as the default, with earnings of at least £12,571 in five of the last seven years
- Twenty years for anyone who has broken immigration rules as an adult or claimed certain benefits in the five years before applying
The earnings thresholds are linked to income tax and National Insurance thresholds, so will change when those also change. The government has dropped its proposed 15-year route for workers in roles below degree level. Those workers will go on the ten-year route instead.
Every applicant will need English at B2 level (up from B1), a pass in the ‘Life in the UK’ test, and no outstanding government debts, including tax, National Insurance and NHS charges. Any adult criminal record, fine or a conditional discharge will lead to automatic refusal. High earnings cannot make up for failing any of these.
Time spent on temporary visas will not count towards settlement. That includes the Graduate, Student, Global Business Mobility and Youth Mobility routes. So an employee who joined a business on a Graduate visa and later switched to a Skilled Worker visa will start counting from the date of the switch.
Social care workers
The social care sector gets its own transitional arrangements. Care workers who entered the UK, or switched into the care route, before May 2025 keep a five-year path to settlement. To use it they must meet the £25,000 salary requirement and stay properly sponsored and employed. Those who still fall short after five years can get a further five-year Health and Care visa, restricted to genuine work in the sector and with no access to public funds. Anyone who entered or switched after May 2025 goes on the standard ten-year path.
Sponsors’ compliance matters more than ever. From 1 February 2027, if a sponsor’s licence is revoked, its care workers will have 120 days to find a new job offer and a further 60 days to sort out their status, or their visas will be cut short. Care providers should check each sponsored worker’s entry or switch date and make sure pay meets £25,000. They should also keep their sponsor duties fully up to date, since losing a licence would now put their staff’s route to settlement at risk.
What employers should do now
No date has been given for these changes, with the current rules staying in force until the government lays a Statement of Changes in Parliament. However, the Home Secretary has not promised any minimum notice period, so the changes could arrive at short notice.
Employers should now prepare for these changes by:
- Auditing their sponsored workforce. Work out when each person would reach settlement under the current rules, and who is close to qualifying.
- Encouraging early applications. Employees who can apply for ILR under the current rules should think about doing so promptly.
- Reviewing pay. The £50,271 threshold for the five-year route could become a significant factor in retaining staff.
- Supporting English learning. Moving from B1 to B2 takes time, so plan for it now.
- Planning for longer sponsorship. More visa extensions mean more fees and admin over each employee’s time with you.
- Clear communication. Uncertainty unsettles people. Tell staff what you know, and what you don’t yet know.
Contact our Immigration Lawyer
Our Immigration lawyer Shareena Rahman is widely respected for her proven expertise in representing both individuals and corporate clients, delivering consistently successful outcomes.
Please email immigration@bishopandsewell.co.uk or contact us on 020 7631 4141 and ask to speak Shareena Rahman.
The above is accurate as at 09 November 2026.
