In November 2025, the government launched a consultation on its proposed ‘Earned Settlement’ changes. At Right to Remain, we could already see the direction of travel: more conditions, more insecurity and a system where people are expected to prove their worth according to what the government considers a valuable contribution. 

On 2 November 2026, the government published its response to the consultation, explaining the  changes it plans to introduce. Despite strong opposition from people and organisations the government has kept most of its original proposals.

Remember, most of these changes have not started yet.

The government plans to publish the first new Immigration Rules in December 2026. These rules are expected to start in January 2027. The government plans to make more changes during 2027 and 2028.

We still don’t know exactly how all the changes will work and not all of the details have been confirmed. In this blog, we explain what settlement is, what the government has announced, and what these changes could mean for people on different immigration routes, including refugees. 

There is a lot of information to take in, and we still have many questions ourselves. At Right to Remain, we try to keep our legal update blogs short and accessible. But fair warning, this one is long! We want to explain what we know about the planned changes as clearly as possible.

You don’t have to read everything at once. You can use the links below to jump to the section most relevant to you.

1. What is settlement?
2. What has the government announced about Earned Settlement?
3. What other requirements would people need to meet?
4. Proposed settlement routes for people on work, family and other visas
5. How will couples and children be affected?
6. What if someone has lived legally in the UK for 10 years?
7. Proposed settlement routes for refugees
8. What about refugees who already have permission to stay?
9. Will the new rules affect people who are already living in the UK?
10. Who would not have to wait longer for settlement?
11. What can we do now?

Over the past few years, there have been many government announcements, consultations, plans and changes to immigration law. It can be difficult to keep track of what has actually changed and what is still being planned. Read our blog explaining how immigration announcements become law.

What is settlement? 

Settlement, also called Indefinite Leave to Remain (ILR), is a permanent immigration status. It means you can live, work and study in the UK without a time limit. It can also be an important step towards British citizenship. 

For many people, settlement means greater security and stability. They no longer need to keep renewing their immigration permission, paying application fees or worrying about changes to the rules.

Under the current rules, many people can apply for settlement after 5 years on a qualifying immigration route, including people on certain work and family routes, and people with refugee status. However, some people have to wait longer, and others can apply sooner;this depends on their circumstances and immigration status.

What has the government announced about Earned Settlement?

The government plans to increase the usual time people must wait before applying for settlement from 5 years to 10 years. Some people could apply sooner, while others could have to wait 20 or even 30 years, depending on their immigration status and circumstances.

We know this is very confusing! The government is talking about two different things:

• How many years people would need to wait before they can apply for settlement.

AND

• What other requirements people would need to meet before they can get settlement.

For example, someone might have earned enough money to meet the government’s requirements, but still have to wait several more years before they can apply for settlement because they have not met other requirements. There are also details that the government has not confirmed yet. 

What other requirements would people need to meet before they can get settlement?

In addition to waiting the required number of years, the government plans to introduce much stricter requirements for people to get settlement. People would generally need to:

• Have no criminal record. Under the current rules, some criminal convictions lead to an automatic refusal of settlement, including prison sentences of 12 months or more. Under the new plans, any adult with a UK criminal record would be refused settlement. This includes cautions, court fines, community sentences and prison sentences of less than 12 months. Some convictions from outside the UK would also lead to refusal if the behaviour would be a crime in the UK. Different rules would apply to offences committed before someone turned 18.
  
• Show they have earned enough money. Most applicants would need to show they earned at least £12,571 a year for at least 3 years. People on some routes would need to earn this amount for longer. For example, someone on the proposed 10-year route would usually need to have earned at least £12,571 a year in 5 of the 7 years before applying.
  Not everyone would have to meet this earnings requirement. The government says this would include children, people aged 65 or over, and people who cannot meet the requirement because of a physical or mental health condition. The government has not yet explained exactly how these exceptions will work.
  
• Not owe money to the government. This includes unpaid NHS charges, unpaid taxes or National Insurance contributions, and legal costs owed to the Home Office. Under the new plans, people would generally have to pay these debts before they would be eligible for settlement.
  
• Repay asylum support, if required. The government also plans to ask some people to repay the cost of asylum support they received, including accommodation and money for living costs while they were seeking asylum. If someone is asked to repay this money, they would need to pay it back or follow an agreed payment plan before getting settlement. Not everyone who received asylum support would have to repay it. The government has not yet confirmed exactly who would have to pay or how much.
  
• Show they can speak and understand English at B2 level. This is a higher level than B1, which is currently required for most settlement applications. B2 means being able to understand more difficult conversations and explain opinions clearly. This change has already been published in the Immigration Rules and is due to begin on 26 March 2027 for many settlement routes. Some people will not need to meet this requirement.
  
• Pass the Life in the UK Test, which asks questions about life in the UK.

Some people would not have to meet certain requirements because of their age, health or circumstances. Different rules would also apply to some refugees.

Meeting these requirements would not automatically mean someone can get settlement. They would also need to have waited the required number of years.

Importantly, the number of years shown in the tables below does not necessarily include all the time someone has already spent living in the UK. For example, someone seeking asylum may have spent several years waiting for a decision before their time towards settlement even begins.

Proposed settlement routes for people on work, family and other visas

As well as the general requirements explained above, people would need to follow the rules for their particular route to settlement. 

The table below shows how long different groups of people could have to wait before applying for settlement, and what other conditions they would need to meet.

Remember: These are the government’s plans. They are not yet law.

How will couples and children be affected? 

The government plans to allow some couples to add their earnings together to meet the minimum income requirement. Together, they would need to earn at least £25,142 a year. For example, one person could earn £20,000 and their partner £6,000.

Under the current Immigration Rules, a partner can be someone you are married to, someone you are in a civil partnership with, or someone you have been in a relationship similar to marriage for at least 2 years.

We do not yet know if the government will use the same rules to decide which couples can add their earnings together.

Children under 18 would usually be able to apply for settlement with their parents without meeting the earnings, English language, government debt or Life in the UK Test requirements.

Young adults aged 18 to 24 who still have permission to stay as dependent children would also have some protections. People aged 25 or over would usually need to qualify for settlement independently.

What if someone has lived legally in the UK for 10 years?

Currently, some people can apply for settlement after 10 years of continuous lawful residence in the UK, with some absences allowed. This is called the 10-year Long Residence route.

People can use time spent on different types of visas, including Student and work visas, to reach these 10 years.

The government plans to close this route.

Under the new plans, time spent on temporary visas, such as Student or Graduate visas, would no longer help people reach the number of years needed for settlement.

For example, someone who has spent 4 years on a Student visa and 6 years on a Skilled Worker visa may currently be able to apply for settlement after 10 years in the UK. Under the new plans, their 4 years on a Student visa would not help them qualify.

The government also plans to stop people adding together time spent on certain different immigration routes. For example, someone who was on a work visa and later received refugee status would not be able to use their earlier years on a work visa to reduce their wait for settlement as a refugee.

These are the government’s plans. The rules have not changed yet.

Proposed settlement routes for refugees

Some changes to refugee protection have already happened. Since March 2026, most adults who claimed asylum on or after 2 March 2026 and are granted refugee status receive 30 months’ permission to stay, instead of 5 years.

The government has also announced plans for two routes to settlement for refugees:

• Core Protection: People would usually have to wait 20 years before they could apply for settlement.
• Protection Work and Study: People who move onto this new route would usually have to wait 10 years before they could apply for settlement. The 10 years would start when they move onto this route. Any years already spent on Core Protection would NOT count towards the 10 years.

These 10-year and 20-year routes are not yet in force. The government has not yet explained exactly what work, education or training someone would need to do to move onto Protection Work and Study.

What about refugees who already have permission to stay?

When the government introduced 30-month grants of refugee permission in March 2026, it said that people who claimed asylum before 2 March 2026 would still have a 5-year route to settlement.

However, the government’s latest announcement appears to reverse this promise.

In footnote 14 on page 34 of the government’s response to the consultation, it says that refugees who claimed asylum before 2 March 2026, outside the government’s Safe and Legal routes, will move onto Core Protection. It also says that any time already spent with refugee status will count towards settlement.

This means people who already have refugee status and five years’ permission to stay could also face a much longer wait for settlement.

However, the government has not yet explained exactly how this will work, or whether people who were expecting to apply for settlement after 5 years will be protected from the changes.

The table below explains what the government is planning and who could be affected. Remember these are still plans and not yet the law. 

*IMPORTANT: Not everyone who enters the UK without permission would have to wait an extra 10 years.

The Refugee Convention is an international agreement that protects refugees. Article 31 recognises that people escaping danger may have to enter a country without permission.

Article 31 says that refugees must not be punished for this if they meet certain conditions. These include having a good reason for entering without permission and asking for asylum without unreasonable delay. Travelling through another country does not automatically mean someone loses this protection.

The government says refugees protected by Article 31 will not have the extra 10 years added to their wait for settlement. However, it has not yet explained how it will decide who is protected under the new rules.

And we have a question too: If the government recognises that refugees may have no choice but to enter the UK without permission, why does it want to make them wait longer for settlement because of how they arrived?

Will the new rules affect people who are already living in the UK?

Yes. The government plans to apply the new settlement rules to people who are already living in the UK but have not yet received settlement.

This means people who have already spent years working towards settlement could have to wait longer or meet stricter requirements.

The government says that settlement applications are normally decided using the rules in place when the decision is made, not the rules that existed when someone first arrived in the UK.

The government has announced some protections for certain groups, including care workers and some health and education workers. However, there will not be a general exemption for people who are already living in the UK.

These protections are called transitional arrangements. They are special rules that protect certain people from some of the changes when new immigration rules are introduced.

The detailed Immigration Rules have not yet been published, so we still do not know exactly how every person will be affected.

Who would NOT have to wait longer for settlement?

The government has said that some groups of people would keep the same waiting periods for settlement as they have now.

This includes:

• People on the Hong Kong BN(O) visa: They could still apply for settlement after 5 years.
• People on certain Afghan schemes: People who meet the requirements of their scheme could still get settlement immediately.
• People who have experienced domestic abuse: People who apply for settlement because their relationship ended due to domestic abuse could still apply without waiting a set number of years.
• People whose partner has died: People who apply for settlement because their partner has died could still apply without waiting a set number of years.
• Some children and young people: This includes children who claimed asylum without a parent, children in local authority care, and children and young people who have grown up in the UK. Different rules apply to each group.
• People who serve in the UK Armed Forces and eligible family members: They would keep their current rules. This includes settlement after at least 4 years of qualifying service for service personnel, and after 5 years of living in the UK for eligible partners and children.
• Refugees who came to the UK through certain government resettlement or sponsorship schemes: They would still have a 5-year route to settlement.

People covered by the Windrush Scheme would also keep their current rights. Those who qualify can have their British citizenship or settled status confirmed without having to wait a set number of years.

However, keeping the same waiting period does not mean all the rules would stay the same. People in these groups may still have to meet stricter requirements, including the new rules about criminal records and English language. Some people would not need to meet certain requirements because of their age, health or circumstances.

Some groups would not be affected by the Earned Settlement changes at all. This includes people applying under the EU Settlement Scheme and certain older immigration routes, such as routes for Turkish businesspeople and workers.

The government has not yet published all the detailed Immigration Rules, so we do not know exactly how every group will be affected.

What can we do now?

There is still a lot we don’t know about these changes. We will continue to share updates as more information becomes available.

Earlier this year, we wrote about how we can prepare ourselves and our communities for the Earned Settlement changes.

There are some practical things people can do now:

• Check your immigration status. Make sure you know what type of permission you have, when it expires, and when you can currently apply for settlement.
• Get your documents together. Keep copies of Home Office letters, visa decisions, payslips, employment records and other important documents.
• Request your Home Office records if you need them. If you are missing important documents or are unsure about your immigration history, you can make a Subject Access Request (SAR). This lets you ask the Home Office for copies of information it holds about you. SARs can take a long time, so it is a good idea to make your request as early as possible. Read our Toolkit page on making a Subject Access Request here.
• Make a timeline of your immigration history. Write down when you received permission to stay, when you applied to renew it, and any gaps or changes in your status. 
• Make a safety plan and know your rights. These changes will leave more people without secure immigration status and at risk of immigration enforcement. It is important to know your rights, understand what to do if you or someone you know is approached by immigration enforcement, and make a safety plan with people you trust. Read our Key Guides on Immigration Enforcement and Immigration Detention. 
• Support one another. Share reliable information. Listen

You can find more information and practical steps in our earlier blog.

We don’t have to face these changes alone.

On 19 November 2026, from 10am to 11:30am, we are holding a Radical Solidarity Hub meeting on Earned Settlement.

This will be a space to share how we are feeling, ask questions, hear from These Walls Must Fall campaigners and think together about what we can do next.

These changes are part of a wider picture. While the government plans to make it harder for people to get permanent security in the UK, it is also planning to expand immigration detention at Campsfield and Haslar. More people could be left living with insecurity, while the government creates more space to detain people and separate them from their communities.

We are organising with communities to challenge this. Sign and share our petition to stop the expansion of immigration detention and join our online rally on 18 November.

We don’t earn our right to belong.