The Home Office is currently consulting on proposals to introduce an ‘earned settlement’ model. The consultation period is due to end at 23:59 GMT on 12 February 2026 and new Immigration Rules implementing earned citizenship could be introduced as early as April 2026. 

For general information on the proposals and the main public consultation, see our separate article here.

Who will the proposed changes impact?

If you are already settled in the UK at the time earned settlement is implemented, you will have no changes applied to that status. 

Subject to consultation, the proposals may however affect you if you are already on a path to settlement in the UK.

Unless transitional arrangements are agreed, implementation of the earned settlement proposals has the potential to significantly impact you if you are on the British Nationals (Overseas) route (‘BN(O) route’). Large numbers of BN(O) route visa holders are forecast to become eligible to settle in 2026. This is because the route opened on 31 January 2021, there was an initial surge of applications and the current qualifying period for settlement is 5 years.

Potential grants of settlement for BN(O) route participants are forecast as follows (assuming no changes to the Immigration Rules):

There continue to be new grants of permission under this route, with 10,012 visas issued for the year ending September 2025. There were 6,530 extensions granted in the same period. 

The government has given assurances that it intends to put a default 5-year reduction for BN(O) route participants on the proposed new ten-year baseline qualifying period for settlement. However, unless the details of the proposals are amended following consultation, it is possible that some BN(O) route participants may have a longer settlement path or be ineligible to settle due to not being able to meet one or more of the requirements of the new model.

What are the proposals for BN(O) route participants?

The earned settlement proposals are structured around four core pillars. According to the proposals as published, BN(O) route participants may be expected to meet the following criteria:

• Character:  The Home Office intends to tighten criminality thresholds. As now, a settlement application may be refused if core requirements relating to an applicant’s character and conduct are not met. However, under the new system, having any criminal conviction would render an applicant ineligible for settlement. Character is intended to be a mandatory pillar.

• Integration: Applicants who are 18 or over will be required to pass a (potentially revised) Life in the UK test and demonstrate English proficiency at level B2 (upper intermediate) of the Common European Framework of Reference for Languages (CEFR). This is higher than the current requirement of CEFR level B1 (intermediate).

• Contribution: Applicants may be required to show:
   
  • Evidence of sustained economic contribution through annual taxable earnings above the personal allowance (currently £12,570) for a period of 3 to 5 years, or an alternative amount of income – the exact duration and exceptions to the mandatory contribution requirement are being consulted on; and
  • No current NHS, tax or other government debt.
• Residence: Applicants may be required to show: 
   
  • A baseline qualifying period of 5 years’ continuous lawful residence holding immigration permission under a settlement route, and with the most recent grant of permission being under the BN(O) route; and
  • Absences under the current limit, which (with some exceptions) is no more than 180 days outside the UK in any rolling 12 month period. 

Importantly, while it is proposed for BN(O) route participants to have access to a 5-year baseline qualifying period, negative factors could still extend the qualifying period under the earned settlement model (for example, receiving public funds, arriving in the UK illegally, arriving as a visitor or overstaying in the UK for six months or more). For full details of the considerations that will increase the baseline qualifying period, see our earlier article here. 

What are the proposals for adult and child dependants?

Under the existing system, dependants are in most cases able to qualify for settlement at the point the main applicant is granted settlement. A delay to settlement can however happen due to inadequate English language ability or excess absences, and a dependant can be ineligible outright due to character or conduct issues. Eligibility of child dependants can also be delayed in some circumstances, for example where one parent has not yet qualified for settlement.

The earned settlement proposals relating to dependants are underdeveloped, especially for children. However, it is clear that the government is considering requiring adult dependants under all routes to have their eligibility separately determined according to their own attributes and circumstances (with some modifications being contemplated for child dependants who turn 18 before they become eligible to settle). This may mean that in more cases than currently, a family member admitted as a dependant may not necessarily have the same qualifying period for settlement as the main applicant.  

Although the government states that a dependant’s qualifying period may be ‘longer or shorter’ than the associated main applicant’s, there is an intention for a dependant not to be able to settle in circumstances where the main applicant is ineligible at all. How this will be assessed in circumstances where a dependant is on track to qualify before their associated main applicant family member is unclear. 

There is little detail in the consultation document on the treatment of children who remain under the age of 18 at the time their parents become eligible to settle, aside from acknowledging that minor children will not be able to meet many of the earned settlement criteria. Views are being sought by the government to develop the policy in this area. 

The Home Office proposes to include a ‘window’ so that children who started as dependants under 18 can settle with their parents (or be granted further limited permission at the time their parents settle), although an age cut off will be explored. 

What feedback is the government seeking on the proposals? 

Both Houses of Parliament and the Home Office are seeking views on earned settlement. Below is some information about how to engage with the open parliamentary inquiries and public consultation.

Engaging with parliament 

Both the House of Commons Home Affairs Committee and the House of Lords Justice and Home Affairs Committee have created more broad-based inquiries to further examine the earned settlement and connected earned citizenship policies and their potential implications for directly affected individuals, as well as for integration and social cohesion. The Home Affairs Committee’s response submission deadline is 2 December 2025, however the Justice and Home Affairs Committee’s inquiry is open for responses until 23 January 2026. 

Views and concerns may also be raised directly with Members of Parliament. 

Responding to the Home Office consultation

The most direct way to respond to the earned settlement proposals is through the Home Office's public consultation.

Except for a 5-year reduction to the baseline qualifying period for residence (which is guaranteed to BN(O) route participants), many of the proposals outlined by the government are within the consultation’s scope.

We have highlighted a non-exhaustive list of areas that may be of additional significance for BN(O) route participants below:

• The clarity of the proposals for BN(O) route participants. Although the Home Office states that ‘those on the BN(O) route will continue to be able to settle in the UK after living here for five years’, the proposal set out in Table 2 of the consultation expresses this as a 5-year reduction in the baseline qualifying period. This suggests that the new mandatory criteria in Table 1 and the considerations in Table 3 for increasing the baseline qualifying period may be applied to those on this route unless specific exemptions are agreed. The proposals for dependants and children are also not well-developed.

• Whether some or all BN(O) route participants should be exempt from the requirement to have taxable earnings of £12,570 or more for at least 3 to 5 years. The BN(O) route allows for extended family members, including the elderly. Some participants may be supported by family members in the UK and may not have their own taxable earnings above the proposed threshold.

• Whether those who are granted settlement under the new arrangements should be eligible to claim public funds. The government proposes that access to public funds will not be allowed at settlement, with this only becoming available once a person is granted British citizenship.

• Whether individuals who entered the UK as a visitor should receive a penalty on the baseline qualifying period for settlement. Eligibility and Equalities Question 1 asks for views on this, with penalties ranging from zero to 20 years. Some participants arrived in the UK as visitors before switching to the route once it opened, so could be affected by this proposal.

• Whether transitional arrangements should be implemented. Eligibility and Equalities Question 3 is confusingly worded, asking for opinions on not including transitional arrangements for those already on a pathway to settlement. If you think there should be transitional arrangements, you should select ‘disagree’ or ‘strongly disagree’ for this question.

• Whether BN(O) route participants should retain their current arrangements and be exempt from the proposed settlement changes. Eligibility and Equalities Question 5 (should be read with question 4) – they may be an additional vulnerable group due to this not being a work route and the inclusion of extended family members. 

• How dependants may qualify for settlement. Adult dependants may have their own qualifying periods based on their attributes and circumstances. Children under 18 may have some requirements waived, though that they may also need to apply within their own right if they do not fall within a proposed ‘age cut off’ window. Eligibility and Equalities Questions 7, 8 and 12 provide an opportunity to express views on the policies relating to dependants, including on how the partners, elderly relatives and children of BN(O)s may be affected.

• How economic contributions are assessed. Economic contributions will be assessed against an applicant’s taxable income, which may mean choices regarding the level of pension contributions or participation in other salary sacrifice arrangements may affect eligibility for settlement. Applicants are likely to need to monitor and maintain clear evidence of earnings (or other UK taxed income) for at least 3 to 5 years before applying. The period could possibly be longer for the mandatory earnings requirement, as this is not expressed in the consultation document as needing to be met across the years immediately before settlement. The earnings requirements proposed would add significant complexity and risk of inadvertently falling below a threshold. There is also a risk of harm to individual and family well-being due to each applicant being required to meet the mandatory contribution threshold. Unless amended, this may, for example, mean elderly participants needing to work later in life, or participants feeling they need to continue working when they are unwell. Contribution Question 13 can be used to make comments about any issues relating to the taxable income requirements and possible exemptions.

What would happen if settlement is not possible?

If you are not eligible to settle, it would be necessary to apply for an extension. Under this route, grants of permission are only available for 30 months or 5 years. The application fee is currently £193 for a 30-month visa, or £268 for a 5-year visa. The Immigration Health Surcharge would also apply, at £1,035 per year for an adult or £776 per year for a child.

Unless there are transitional arrangements implemented relating to the proposed review of criminality thresholds across all immigration routes, an historic criminal conviction could potentially affect eligibility for an extension.

There may also be practical implications for remaining on temporary immigration permission, such as being ineligible for tax-free childcare and free childcare for working parents, home student fees and student finance. Due to the perceived risk of limited immigration permission not being renewed, there may also continue to be relative difficulty in obtaining work, accommodation and financial products.

Need more information?

We are running a webinar on 4 December 2025, where we will be discussing the earned settlement proposals in detail. Click here for more information and to sign up. If you have any queries about the proposals and how they may affect you or your business, please contact a member of our immigration team.