Earned settlement: Home Office adds government response to ILR consultation
Published
On 2 November 2026 the Home Office added a government response to its earned settlement consultation, which set out plans to make most migrants wait 10 years for Indefinite Leave to Remain (ILR) instead of 5. The page text we have does not say what the response decided. It also does not give a date for any change to the rules.
- Who is affected
- People in the UK on routes to settlement (ILR) who do not yet have it
- Takes effect
- Not yet confirmed
What has changed
The Home Office has updated its earned settlement consultation page. The change note says: "Government response added." The text we have from the page is the original consultation from November 2025. It does not include what the response says.
The consultation said that after it closed, the government would set out its preferred option, or combination of options. The material we have does not say which option was chosen.
What the consultation set out
Settlement is a person's right to live in the UK permanently without immigration restrictions. It is also known as Indefinite Leave to Remain (ILR). Under the plans, migrants would no longer get settlement automatically after a fixed period. They would need to earn it through good conduct, contribution and integration.
- The baseline qualifying period for most migrants would go up from 5 years to 10 years.
- The government consulted on a 15-year period for people on the Skilled Worker route in a role below RQF level 6 (equivalent to a bachelor's degree).
- It also consulted on a No Recourse to Public Funds (NRPF) condition at settlement.
- Mandatory requirements would include a clean criminal record, English to a high standard, sustained economic contribution and no debt in the UK.
- Some people could settle sooner, for example high earners, some public service workers and people who volunteer a lot. Others could wait longer, for example people who have claimed benefits or entered the UK illegally.
- Settlement would be quicker for spouses and dependants of British citizens and for BN(O)s from Hong Kong. This part was not open to consultation.
- Refugees on core protection would start from a 20-year qualifying period.
Who is affected
The consultation proposed applying the changes to everyone in the UK who has not already received ILR, as soon as the Immigration Rules change. The Home Office said it will not take away settled status from people who already have it.
The EU Settlement Scheme (EUSS) and the Windrush Scheme are out of scope. The source says nothing will change for either scheme.
What you should do
The source does not give any steps for applicants. Read the official page linked below to see the full government response.
Frequently asked questions
Official sources
- Earned settlement Home Office
This summary is produced automatically from the official sources above and checked against them, but it can still contain mistakes. It is not legal advice. Always confirm the details on GOV.UK before you apply.
More Settlement (ILR) news
Immigration and Asylum Bill 2026: Article 8 family life claims to be tightened
The Home Office has published factsheets on the Immigration and Asylum Bill 2026. The bill would tighten how Article 8 family and private life claims are decided and create a new Independent Immigration Appeals Authority. It is a bill, not law yet, and the factsheets do not give a start date.
Immigration Rules changes HC 584: Erasmus+, EUSS, BN(O) children and Skilled Workers
The Home Office has changed the Immigration Rules in HC 584, affecting routes including Skilled Worker, the EU Settlement Scheme, Hong Kong BN(O), Victim of Domestic Abuse, Student and Visitor. Most changes came into effect on 8 October 2026. Some changes start later, on 29 October, 30 November and 9 December 2026.