Earned Settlement: How to Obtain ILR Quicker and Avoid a Longer Wait
Foreign nationals in the UK may have to wait up to 10, 20 or even 30 years before they can “earn” the right to obtain indefinite leave to remain under new rules due to be introduced later in 2026.
Total Law’s legal experts can help you understand the intricacies of the new indefinite leave to remain rules with confidence and ease. Speak to one of our advisers today on +44 (0) 333 305 9375 or reach out to us online.
Overview of the New Rules for Earned Settlement
The UK government are proposing to overhaul the way that individuals obtain indefinite leave to remain (ILR) in the UK through a new framework known as ‘earned settlement’.
As well as raising the standard baseline period of time from 5 years to 10 years, earned settlement will also give individuals the opportunity to modify their qualifying period of residence in the UK based on various criteria.
It will be possible for individuals to have their qualifying period of time in the UK shortened as well as lengthened, with attributes such as having previously overstayed visas or being in receipt of public funds potentially adding a significant amount of time before an individual could become eligible for ILR.
This will be in addition to new general mandatory requirements for ILR, such as not having any outstanding government debts, no previous criminal or immigration-related offences, and needing to have earned an annual income at least £12,570 for at least 3 to 5 years prior to application.
Note that the information contained in this article is correct as of the time of writing (January 2026) and the criteria for earned settlement may change or be adjusted by the time it is introduced later in the year. We also discuss what potential alterations may be implemented to this scheme using information from the Home Office public consultation survey later in this article.
Page Contents
- Overview of the New Rules for Earned Settlement
- What Are the Criteria to Shorten the Time It Takes to Obtain ILR?
- Understanding the ILR Baseline Period Reduction Criteria
- What Risk Factors May Increase the Time it Takes to Obtain ILR?
- Understanding the ILR Baseline Period Penalty Criteria
- How Can I Decrease the Time It Will Take to Obtain ILR?
- What Is the Public Consultation on Earned Settlement?
- Implications of the Earned Settlement Scheme for Migrants in the UK
What Are the Criteria to Shorten the Time It Takes to Obtain ILR?
Under the new system of earned settlement, there are a variety of criteria that may shorten the baseline amount of time for individuals to be eligible for ILR.
If more than one criteria applies to an individual’s circumstances then only the one that would award the largest adjustment would be taken into consideration. This means that applicants can only pursue one option to reduce the proposed baseline period of 10 years’ residency.
However, it is also possible to have one’s baseline period of ILR extended and then shortened if an applicant is liable to having a penalty applied to their residency period as well as a reduction.
The criteria under consideration for the new structure are outlined in the following table, while further discussion and clarification on the individual criteria will be discussed after.
| Pillar | Attribute | Adjustment to baseline qualifying periods |
| Integration | Applicant has competency in English language at C1 Level under the Common European Framework of Reference for Languages (CEFR) | Minus 1 year |
| Contribution | Applicant has earned a taxable income of £125,140 for 3 years immediately prior to applying for settlement | Minus 7 years |
| Contribution | Applicant has earned a taxable income of £50,270 for 3 years immediately prior to applying for settlement | Minus 5 years |
| Contribution | Applicant has been employed in a specified public service occupation for 5 years | Minus 5 years |
| Contribution | Applicant has worked in the community (volunteering, etc) | Minus 3-5 years |
| Entry and residence | 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 (Not subject to consultation) |
| Entry and residence | Applicant holds a permission granted under the British National Overseas route (Not subject to consultation) | Minus 5 years (Not subject to consultation) |
| Entry and residence | Applicant has 3 years continuous residence as the holder of a permission as a Global Talent worker or Innovator Founder | Minus 7 years |
| Entry and residence | Acknowledgement of specific and vulnerable groups having a reduction | Subject to consultation |
Understanding the ILR Baseline Period Reduction Criteria
Overview
The system allowing baseline residency requirements for ILR to be decreased is, according to the government, designed to ensure that foreign nationals “make a meaningful contribution to UK society” by meeting “clear, measurable standards”.
Some of these criteria are relatively self-explanatory, such as applicants being able to speak English to CEFR C1 level, which is higher than the current standard minimum level, B2. The government consider immigrants who have advanced English language skills more likely to have engaged more meaningfully with British society than those who speak intermediate English, and thus worthy of a reduction (albeit the smallest reduction in time of any criteria on the table of only one year).
For the other criteria, the government have outlined their rationale in the white paper “A Fairer Pathway to Settlement: statement and accompanying consultation on earned settlement”, which we will discuss below.
Economic Contributions
According to the new proposed plans, applicants who earn annual salaries above certain thresholds may be eligible to apply for ILR after 5 or 3 years of residence in the UK, depending on the amount earned.
According to the government, annual earnings are the “best means of objectively measuring economic contribution”, and thus the proposed system is the easiest way of recognising those who may have made some kind of meaningful economic contribution to the UK.
The current thresholds being proposed align with the current thresholds for payment of Income Tax at the higher and additional rate, respectively.
The white paper does acknowledge the fact that the lowest eligible threshold for a baseline reduction is actually higher than the minimum salary threshold required for an individual to qualify for a Skilled Worker visa (which at the time of writing is £41,700).
However, the government make a point of saying they believe it “reasonable” to limit awarding reductions to those who have seen some progression in their earnings and economic contribution after arrival in the UK, as opposed to those who have failed to receive any kind of pay increase since entering the country.
As a point of comparison, while the median gross annual earnings for the UK have been rising year on year, the average as of April 2025 was only £39,039, which is still lower than the basic minimum threshold needed to obtain a Skilled Worker visa, and much lower than the £50,270 threshold needed to qualify for a reduction to the residency baseline for ILR.
“Vital” Public Service Roles
The plans also consider rewarding a shorter baseline period to those who work in “vital public service” roles. Although neither the white paper nor the public consultation survey goes into detail what roles these might be specifically, the government does mention healthcare and teaching roles as potential professions who may qualify.
Additionally, the government state that only roles at RQF Level 6 or higher (equal to a bachelor’s degree) will likely qualify for a baseline reduction.
Community Work
A key tenet of the government’s new plans is to recognise and encourage individuals’ contributions to their local community, namely through volunteering work.
The white paper here briefly touches on the importance of local volunteering, noting that volunteers “contribute to the very fabric of British life”. It then goes on to further clarify the definition of volunteering, describing it as “any activity that involves spending time, unpaid, doing something that aims to benefit someone else (other than close friends or relatives), the community or the environment” and something distinctly different than work done through employment.
The white paper does not go into detail as to how much volunteering an individual must have completed in order to be eligible for a baseline reduction, nor when this must have been completed or if it must be over a specific period of time.
It is likely that the rules and regulations surrounding this qualifying criteria will be quite stringent in order to ensure that a meaningful, prolonged contribution has actually been made through the volunteering work in question, particularly as there is no agreed-upon legal definition of what constitutes a volunteer or volunteering.
Reductions for Partners, BN(O)s and Other Work Visa Holders
The final broad category of criteria are those granted on the basis of specific entry and residence routes.
Notably, these criteria are actually continuations of current requirements for visa routes, which mean that current baselines in effect will be preserved in the new scheme instead of being subject to general increases.
These are as follows:
- Partner, parent or child of British citizen and meets core family requirements: 5 year total qualifying period (i.e. no change)
- Hong Kong British National (Overseas) visa holders: 5 year total qualifying period (i.e. no change)
- Global Talent or Innovator Founder visa holders: 3 year total qualifying period (subject to requirements)
- Family members of the above: 5 year total qualifying period (subject to requirements and public consultation)
At the time of writing, the above entry and residency routes are the only ones that will be eligible for a significant baseline reduction. Most other visa routes that currently require a 5 year residency period will switch over to the new baseline of 10 years’ residency by default.
What Risk Factors May Increase the Time it Takes to Obtain ILR?
As well as being able to shorten the qualifying baseline period of 10 years, it will be possible for candidates to also have time added onto their residency period.
As with the previous table of criteria for residency “discounts”, only the criteria that enacts the largest increase in the below table will be applied, and it will not be possible for an individual to have multiple baseline increases applied to them.
Furthermore, any potential increases of the baseline period that an applicant is liable for will always be applied first before any reductions.
The criteria under consideration for this new structure are outlined in the following table, while further discussion and clarification on the individual criteria will be discussed after.
| Pillar | Attribute | Adjustment to baseline qualifying periods |
| Contribution | Applicant has been in receipt of public funds for less than 12 months during route to settlement | Plus 5 years |
| Contribution | Applicant has been in receipt of public funds for more than 12 months during route to settlement | Plus 10 years |
| Entry and residence | Applicant arrived in the UK illegally e.g. via small boat/clandestine | Plus up to 20 years |
| Entry and residence | Applicant entered the UK on a visit visa | Plus up to 20 years |
| Entry and residence | Applicant has overstayed a permission for 6 months or more | Plus up to 20 years |
Understanding the ILR Baseline Period Penalty Criteria
It is relatively likely that the majority of foreign nationals in the UK on a valid long-term visa will never find themselves liable for the above penalties.
However, those who are liable may be subject to significantly longer residency periods, with the maximum period potentially being as high as 30 years (the current maximum wait period for any ILR applicant is 10 years through the soon-to-be-abolished ‘long residency’ route).
The government’s stance on this system is based on the notion that immigration offences, even those not serious enough to warrant outright application refusal, should still have a detrimental effect on an applicant’s ability to settle in the UK easily.
Some of these infractions, such as having arrived to the UK on a small boat or a Visitor visa, are consistent with the current Labour government’s policies on reducing overall net migration, particularly through irregular means outside of the letter of the law. Visitor visa applicants are currently strongly warned against staying in the UK for longer than their visa allows, or for attempting to travel to the UK for illegitimate purposes such as seeking long-term residency.
The new system also introduces potential penalties for those who have claimed public funds while living in the UK.
Under current rules, most foreign nationals in the UK are unable to claim public funds before obtaining ILR, and doing so may constitute a breach of conditions and therefore refusal for any potential settlement applications.
However, the government may impose penalties to the baseline qualifying period even in circumstances where conditions have not been breached (such as if an individual has had this restriction waived) or if the breach was not serious enough to warrant an outright refusal.
How Can I Decrease the Time It Will Take to Obtain ILR?
Assuming that the above criteria do not significantly change by the time they are introduced, applicants can start planning ahead now to try and optimise their route to settlement and avoid any unnecessary delays.
The first and most important step is ensuring you will not make yourself liable to any penalties, as these could be severely detrimental to the overall time you may have to wait for ILR.
However, doing so should be relatively straightforward. You should:
- Ensure you do not enter the UK using any legally questionable or undocumented routes, such as small boats via the English Channel
- Only ever seek entry into the UK through a valid visa that has been obtained legally and legitimately
- Not seek to settle in the UK after having entered on a Visitor visa
- Avoid overstaying any immigration permissions while in the UK
- Ensure you will be in a secure enough financial position so that you will never need to seek public funds during your stay
After ensuring these steps are taken, you should start to review the criteria for potentially shortening your baseline period for ILR eligibility.
Note that you can only have one criteria applied to your application in order to reduce your baseline. This means that you should ideally aim for the criteria that will award the highest possible reduction within your means.
Which criteria will be the best option for you will be highly dependent on your own personal circumstances. Some pathways, such as being on certain visa routes, having a high salary or having certain jobs, may be out of reach for many applicants due to them deliberately only targeting very specific or specialised groups.
Similarly, not everyone will be able to gain a reduction on the basis of having a British partner. It is worth noting that the Home Office will likely be extra vigilant in trying to detect “sham” marriages (where the only intent behind the marriage is to use it to circumvent the immigration rules) when reviewing cases. Such marriages carry heavy penalties and may result in the participants either being incarcerated or deported.
One possible reduction to the baseline period for ILR, however, will be broadly accessible to almost all applicants. Foreign nationals in the UK could see a reduction of up to 3 to 5 years by volunteering in their local community or participating in local community projects, social enterprises or similar.
As already mentioned, the specific parameters around this criteria are yet to be determined and we are not yet sure how much applicants will need to give up their free time in order to be eligible for a reduction. However, volunteering may become the most viable way for applicants to reduce their baseline qualifying period if they are not able to meet any of the other criteria, depending on how much time and energy they are realistically able to devote to volunteering work.
What Is the Public Consultation on Earned Settlement?
Overview
The current outline of how the earned settlement system may work is still under review and subject to changes before it is fully implemented later this year.
As part of the review process, the Home Office have opened a public consultation to collect feedback from individuals and organisations on the proposed plans, with scope to adjust the criteria and parameters of the new scheme before its implementation.
Using the questions presented in the consultation form, it is possible to sketch a rough idea of which parts of the new system might – and might not – change between now and when it becomes law.
The public consultation form can be found here, with submissions being accepted until 23:59 on 12 February 2026.
The List of Changes to Earned Settlement Yet to Come
Below is a summarised and truncated list of the potential changes that earned settlement might undergo before its proper introduction, using data from the public consultation survey. Note that this is not a comprehensive list as not all questions from the survey have been included here; additionally, changes to the scheme may be implemented that have not been covered in the public consultation.
Possible changes that we may see to the system later in the year include the following:
- Changes in the 1-year reduction for applicants who can demonstrate advanced English language ability (lengthening or shortening the reduction, or removing this criteria altogether)
- Changes in the way integration is assessed (including new measures such as character references, completing cultural orientation courses or community organisation testimonies)
- Certain groups becoming exempt from the requirement to have earned at least £12,570 for at least 3 to 5 years
- Migrants working in an occupation below RQF level 6 having their standard qualifying period for settlement set at something other than 15 years
- Migrants earning at least £50,270 not being eligible for a baseline reduction
- Migrants working in certain vital public service roles not being eligible for a baseline reduction
- Changes in the penalties for applicants who have claimed public funds in the UK (lengthening or shortening the penalty, or removing this penalty altogether)
- Changes in the penalties for applicants who have committed immigration offences in the UK (lengthening or shortening the penalty, or removing this penalty altogether)
- Migrants who have volunteered in the local community not being eligible for a baseline reduction
- Certain visa routes (Innovator Founder, Global Talent, etc) not giving an automatically reduced baseline to visa holders and their dependents
- Possible transitional arrangements being introduced for those already in the UK on a pathway to settlement
- Certain vulnerable groups (victims of domestic violence, bereaved partners, refugees, etc) possibly not being exempt from the proposed changes and also seeing a minimum baseline of 10 years
- Certain individuals receiving a No Recourse to Public Funds (NRPF) condition upon gaining ILR.
Implications of the Earned Settlement Scheme for Migrants in the UK
The new changes being proposed by the UK government represent the most radical shake-up to indefinite leave to remain in decades.
One of the chief concerns regarding the new system, which is yet to be confirmed but seems likely, is whether the changes will apply retroactively to those already on a pathway to settlement in the UK. If this is the case, some applicants who are due to obtain ILR in the next couple of years may be forced to wait an additional 5 or 10 years before they will become eligible, potentially causing significant disruptions to the lives of hundreds of thousands of individuals.
Similarly, migrants looking to immigrate to the UK from 2026 onwards will face significantly longer waits than expected, with the possibility of some applicants being deterred away from coming to the UK at all.
Deterring immigration into the UK has very much been the cornerstone of the UK’s approach in previous years, with each successive government bringing in harsher controls, tighter requirements and more restrictive freedoms for those looking to settle in the UK.
Central to this is a rapidly changing approach to the idea of who should have the ‘right’ to settle in the UK and how, evident even in the very name of the new scheme. The idea that permanent settlement in the UK is a privilege that must be ‘earned’ is a far cry from the open borders and generous restrictions that characterised the UK’s time in the EU.
Instead, the government are spearheading an increasingly hostile and restrictive approach to managing the flow of migrants, with ever-increasingly high barriers of entry making it more and more difficult for foreigners to find a simple pathway to making the UK their home. This is despite studies demonstrating the multitude of economic benefits that migrants bring to the UK and widespread concern regarding job roles that have historically relied heavily on overseas talent, such as social care, healthcare and hospitality.
Indefinite leave to remain is a cornerstone feature of the UK’s immigration system, and these overhauls will no doubt have a ripple effect on almost every other visa, residency and immigration pathway. How much of an impact these changes will have on the country as a whole, both on a macro and micro level, remain to be seen.
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