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.

This article covers the proposed baseline qualifying periods for earned settlement, and how these may be reduced or increased. There are also proposals for a set of minimum mandatory requirements, which must be met by settlement applicants. For more detailed information on these, see our article here.

What are the proposed baseline qualifying periods for earned settlement?

Under the proposals in the consultation document, the new baseline qualifying periods for settlement are:

• 10 years for most earned settlement applicants;
• 15 years for Skilled Workers in roles skilled below graduate level, i.e. level 6 on the Regulated Qualifications Framework (RQF) (noting that there is inconsistency across the document about the scope of this proposal, including that consultation question Contribution 3 is not expressed as being limited to Skilled Workers); and
• 20 years for refugees who remain on ‘core protection’ support – note that further comments on how refugees might qualify for settlement and the qualifying period in those circumstances is outside the scope of this article.

The baseline qualifying period applicable to an applicant can be increased or decreased depending on their contributions and actions as outlined in the Tables 2 and 3 of the consultation document. 

In a significant departure from the current arrangements, partner dependants and child dependants who reach 18 before they settle may be required to qualify for earned settlement in their own right. For some scenarios outlining how this might work in practice, see our article, The earned settlement proposals: implications for Skilled Workers and their dependants.

A person’s qualifying period for settlement can be calculated as follows: 

• Baseline qualifying period PLUS
• The longest increase from Table 3 MINUS
• The longest reduction from Table 2

Considerations that may reduce the baseline qualifying period 

These considerations are set out in Table 2 of the consultation document. 

Only one adjustment can be used to reduce the qualifying period, and this will be the attribute that causes the greatest reduction. 

We’ve included further commentary on each factor below the table.

Table 2:

Integration: Competency in English language at level C1 CEFR 

English competency at level C1 is considered ‘advanced’, and it’s not yet clear whether it will need to be assessed by English language testing in all cases. The proposal is for this to attract a one-year reduction, in comparison with up to 7 years for other attributes. We therefore anticipate this will be a ‘last resort’ attribute, with applicants seeking to use other attributes wherever possible.

Contribution: Taxable income

Contributions of taxable income can reduce the baseline qualifying period by up to 7 years (for taxable income of £125,140) or 5 years (for taxable income of £50,270). The taxable income must have been earned for minimum 3 years immediately before applying for settlement. 

There are many complexities with measuring taxable income. These are discussed in our article on the minimum mandatory requirements. Applicants wishing to claim a reduction due to taxable income will need to actively review their salary arrangements as well as any other taxable income and deductions. We anticipate that these reviews may, in many cases, involve discussions with the employer or business engaging the individual for work.

Skilled Workers who are eligible for taxable income reductions may be on different settlement timelines i.e. 5 years longer if the Skilled worker’s role is skilled below degree level (RQF Level 6). There is no policy justification for this in terms of net fiscal contribution. Unless another cogent policy reason is intended, our view is that the final policy should be adjusted to remove this discrepancy. 

Contribution: Employed in a specified public service occupation (skilled at degree level or above) for 5 years 

Some applicants who have worked in public service occupations may be eligible to have their baseline qualifying period reduced by 5 years. This would include health workers and education professionals in occupations where remuneration is based on national pay scales. The Government proposes that only roles at skilled to at least degree level (RQF Level 6+) and above will be eligible for this reduction.

Points for further clarification include:

• Whether the reduction will apply for any person working in an eligible occupation code, or only those working in the public sector, e.g. all doctors or only those working for the NHS;
• Whether the reduction will be limited to Skilled Workers or available to those with other types of immigration permission; and
• What proof of eligibility will be required.

Contribution: Working in the community (volunteering, etc)

Applicants who have worked in the community may be eligible for a reduction of 3 to 5 years under this proposal. Although the expectation is that the contributions must be ‘extensive’ to count, there are no details in the consultation document of what contributions might be recognised or how they may be assessed. 

This attribute has been the subject of significant controversy, with over 300 charities signing an open letter to the Home Secretary condemning the proposal as being unworkable and exploitative.

Entry and residence: Holds a permission as the parent/partner/child of a British citizen and meets core family requirements 

Family members of British citizens will potentially continue to be eligible for settlement after 5 years’ residence under these proposal, which is not subject to consultation. 

The proposal excludes:

• Family members of other individuals who are eligible sponsors under Appendix FM or Appendix Adult Dependent Relative, including Irish citizens and those who are settled; and
• Family members of British citizens who hold immigration permission outside of Appendix FM or Appendix Adult Dependent Relative.

The policy reasons for drafting the attribute in this way are not clear. It’s possible that the exact scope of this proposal may be clarified when more details of the earned settlement model are released following consultation.

The minimum mandatory requirements would still apply, which some people may struggle to meet. Those people would be temporarily or permanently barred from settlement.

Entry and residence: Holds a permission granted under the British National Overseas route 

Those holding status under the British National Overseas route will be eligible for a reduction of 5 years. This is not subject to consultation.

While these individuals may have the benefit of a 5-year route to settlement, they may still struggle to meet the minimum mandatory requirements if they are not earning any income in the UK (as analysed in our article here). Applicants in this category should therefore continue to be aware of the earned settlement requirements and should not assume that their route to settlement remains the same.

Entry and residence: 3 years’ continuous residence as the holder of permission as a Global Talent worker or Innovator Founder

There is a proposed 7-year reduction in qualifying period for Global Talent and Innovator Founder migrants.

This may broadly keep these routes aligned with the current system for eligibility after 3 years, except that Global Talent migrants endorsed under exceptional promise criteria are currently only eligible for settlement after 5 years. We anticipate this is unintentional and may be corrected in the final version of the policy. Individuals in these routes would also need to meet the minimum mandatory requirements, which could present an issue for those with irregular income streams.

Dependants may be eligible for a 5-year reduction (subject to consultation), but would still need to meet the minimum mandatory requirements in their own right (as explored in our article here.

Entry and residence: Member of a specific and vulnerable group

The Government is consulting on whether and how the earned settlement system may be tailored for vulnerable groups and compassionate circumstances. This is suggested to include adult famly members needing long-term care, individuals whose relationships have broken down because of domestic abuse, bereaved partners of British citizens, and children and young adults who grew up in the UK without immigration status.

The consultation also asks whether there are any other vulnerable groups that should be included. 

Aside from vulnerability potentially resulting in a reduction to the baseline qualifying period, it is to be hoped that the Government will consider exemptions from the minimum mandatory requirements in parallel. This appears to be contemplated in the relevant consultation question, which asks whether vulnerable groups should retain their current arrangements.

Considerations that will increase the baseline qualifying period 

The list of attributes that may increase the baseline qualifying period are set out in Table 3 of the consultation document. 

Note that only the attribute that causes the largest increase will apply. 

We’ve included further commentary on each attribute below the table.

Table 3:

Contribution: Receipt of public funds 

Under the proposals, applicants who have received public funds will have 5 years or 10 years added to their qualifying period depending on how long they have received the funds. This increase could potentially be avoided by repaying any funds received before applying for settlement, but this could add up to a substantial amount of money. 

Some migrants have the “No Recourse to Public Funds” immigration condition waived by the Government due to exceptional circumstances encountered over the course of their immigration permission. Under this proposal, they may face additional years on limited immigration permission, despite having difficult circumstances already acknowledged by the Government. 

It seems counter-intuitive that some people may disadvantaged under this attribute for being individually vulnerable, when the Government is also consulting on making allowances for vulnerable groups. 

Entry and residence: Arrived in the UK illegally 

Individuals who arrived in the UK illegally (e.g. via small boat or as a clandestine entrant) may have between zero and 20 years added to their qualifying period. It is likely that the Government is looking to use this attribute as a deterrent for illegal entry. There have been indications that this attribute would not apply to applicants who entered without immigration permission and subsequently obtained refugee status, but this is not clarified in the consultation. 

Entry and residence: Entered the UK on a visit visa 

Those who travelled to the UK on a visit visa and then successfully made an application to stay may have between zero and 20 years added to their qualifying period. 

Individuals potentially affected by this attribute include:

• Professional sportspersons who are permitted to travel to the UK as visitors and make an application for an International Sportsperson visa in-country;
• Individuals who were allowed to switch from visitor under COVID-19 concessions; and
• People who the Home Office has already accepted as having compelling grounds to be allowed to switch from the visitor route. 

Since visitor switching doesn’t involve wrongdoing, it is to be hoped that no penalty will be applied following consultation.

Entry and residence: Overstayed a permission for 6 months or more

Applicants who have overstayed an immigration permission for 6 months or more may have between zero and 20 years added to their qualifying period. There is potential for this attribute to work harshly for people who have since been accepted onto a settlement route, especially since they may already have served a re-entry ban period.

General analysis

It seems clear that the proposals on qualifying periods for settlement need substantial further policy development to ensure consistency of approach, and to avoid unfairly penalising the vulnerable and those who have followed the rules.

In addition to the public consultation, the proposals are the subject of inquiries in both Houses of Parliament. This should provide opportunities for concerns to be raised and considered outside the more limited scope of the public consultation.

How we can help

Please reach out to your usual immigration team contact if you need assistance with drafting a response to the consultation or inquiry, or if you need advice on how to minimise the impact of the proposals from a business or personal perspective.