Insight
UK Earned Settlement Reforms: Mahmood Confirms 10-Year ILR Route, Care Worker Exemptions and New Requirements
Author:
Toby Way
Managing Director
The Home Secretary, Shabana Mahmood, has announced the Government's final policy framework for reforming Indefinite Leave to Remain (ILR), including doubling the standard qualifying period from five to ten years.
In her statement to the House of Commons on 2 November 2026, Mahmood confirmed new settlement requirements, accelerated pathways for higher earners and certain public-sector workers, and important transitional protections for existing care workers.
Alongside the statement, the Home Office published its 62-page response to the Earned Settlement consultation, A Fairer Pathway to Settlement (CP 1707).
The document sets out the Government's final policy approach following more than 200,000 consultation responses. It also contains significant additional provisions that Mahmood did not specifically address in her speech.
Although the Government has confirmed its intended policy, most of the changes still require amendments to the Immigration Rules before they can take effect. Further technical guidance and a full impact assessment are expected before implementation.
We examine the announcements below, distinguishing between measures expressly confirmed in the Commons, additional details contained in the Home Office's written response, and issues requiring further clarification.
1. Settlement will generally increase from five to ten years
Confirmed in Mahmood's Commons statement
The Home Secretary confirmed that the standard qualifying period for ILR will increase from five to ten years.
However, the Earned Settlement framework will allow some migrants to qualify sooner, depending on their earnings, occupation or other qualifying circumstances.
The principal pathways are:
Qualifying period | Proposed eligibility |
3 years | Individuals earning at least £125,141 and those qualifying under specified highest-talent routes |
5 years | Individuals earning at least £50,271, qualifying health and education professionals, and those with recognised British connections |
10 years | The standard pathway for most other migrants meeting the mandatory requirements |
20 years | Individuals subject to specified immigration breaches or whose public-funds history prevents earlier settlement |
Separate arrangements will apply to refugees, certain protected groups and individuals covered by transitional provisions.
Mahmood expressly confirmed the three, five and ten-year pathways, together with longer qualifying periods for immigration breaches.
Further clarification required: The precise operation of these pathways, particularly the application of different qualifying periods to existing visa holders and the interaction between settlement routes, will be governed by the final Immigration Rules.
2. Care workers earning £25,000 will retain the five-year route
Expressly confirmed in Mahmood's speech and detailed in the Home Office response
One of the most significant announcements concerns overseas care workers who entered the UK during the expansion of international recruitment between 2022 and 2025.
The Government originally proposed a 15-year qualifying period for many workers in occupations below RQF Level 6, including care workers.
This proposal has now been revised.
Mahmood confirmed that care workers who entered or switched into the care worker route before publication of the Immigration White Paper on 12 May 2025 will retain a five-year settlement pathway, provided they satisfy the relevant requirements.
The Home Office response specifies that applicants must meet:
The applicable salary requirement of £25,000 per year.
The sponsorship requirements of their immigration route.
The relevant genuine employment requirements.
The strengthened settlement requirements, including criminality and English language, unless an exemption applies.
The Government estimates that approximately 146,000 care workers and 136,000 dependants could benefit from the transitional arrangements.
How will the £25,000 care-worker salary requirement be assessed?
Although the Government has confirmed that qualifying existing care workers must meet an annual salary requirement of £25,000 to retain the five-year settlement pathway, it has not yet explained the period over which those earnings must be demonstrated.
The Home Office already uses HMRC PAYE information, payslips, bank statements and sponsor compliance records to verify salary payments under the Skilled Worker route.
However, further guidance is required to establish whether the £25,000 requirement must be satisfied throughout the qualifying residence period, over a specified period before settlement, or at the point of application.
This distinction will be particularly important for care workers whose earnings have fluctuated or who have experienced periods of underemployment because of sponsor non-compliance or licence revocation.
What happens to care workers who do not meet the conditions?
Mahmood also announced that care workers who cannot establish eligibility for settlement after five years will be offered a further opportunity to meet the requirements.
Eligible individuals will be able to apply for another five-year Health and Care visa, restricted to genuine employment in the care sector.
They will not necessarily be required to remain with their existing sponsor, allowing individuals affected by exploitation or sponsor failure to move into legitimate employment.
They will continue to have no recourse to public funds during this additional period of permission.
What about care workers who entered after May 2025?
The Home Secretary expressly confirmed that the special transitional protection is restricted to individuals who entered or switched into the route before the Immigration White Paper.
Those entering or switching after that date will generally fall under the new ten-year Earned Settlement pathway.
Further clarification required: The implementing rules must explain how the £25,000 salary condition will be assessed, including whether particular historical earnings periods must be demonstrated and how periods of reduced work, sponsor failure or disrupted employment will be treated.
The practical requirements for obtaining the additional five-year care visa must also be confirmed.
3. No blanket protection for migrants who arrived before May 2025
Expressly clarified by Mahmood and confirmed in Chapter 8 of the Home Office response
One of the most important aspects of the announcement is its treatment of migrants already living in the UK.
Mahmood confirmed that the exceptional transitional arrangements apply only to defined groups who entered before the May 2025 Immigration White Paper.
The Government has not granted a blanket exemption to everyone who arrived before 12 May 2025.
Chapter 8 of the consultation response reinforces this position.
This means existing Skilled Worker visa holders may become subject to the new ten-year qualifying period, even where they entered the UK expecting to qualify for ILR after five years.
For example, a Skilled Worker who entered the UK in 2023, earns £40,000 and does not qualify under a protected occupation or another accelerated pathway could potentially face a ten-year qualifying period instead of five.
The precise outcome will depend on the Immigration Rules in force when their settlement application is determined and any applicable transitional provisions.
Further clarification required: The Government must confirm the commencement arrangements, including how applicants approaching five years of residence will be treated and whether any additional protection will be offered to individuals with pending settlement applications.
4. Special arrangements for healthcare and education workers
Announced in Mahmood's speech, with additional detail in the written response
Certain healthcare and education professionals will continue to qualify for settlement after five years, even where their salaries are below £50,271.
This will include specified occupations paid according to national pay scales, such as eligible doctors, nurses and teachers.
The Home Office response confirms that the permanent five-year pathway will apply to identified health and education occupations listed in Annex C of the document.
Transitional protection for other healthcare and education workers
There will also be a separate, one-off concession for some workers in occupations below RQF Level 6.
This includes eligible nursing auxiliaries and teaching assistants working in occupations covered by the national pay-scale arrangements.
Where they arrived before the May 2025 White Paper and meet the applicable requirements, they will retain the five-year pathway.
Workers entering those occupations after that date will generally be subject to the ten-year qualifying period, unless they qualify for another accelerated route.
Further clarification required: Employers should check the final occupation-code provisions, pay-scale requirements and supporting evidence before assuming that a particular employee qualifies for the five-year pathway.
5. Earnings will determine how quickly many migrants can settle
The salary-based pathways were announced in the Commons; the assessment periods are confirmed in Chapter 2 of the Home Office response
Mahmood confirmed that higher earners would be eligible to obtain settlement sooner than those on the standard ten-year route.
The Home Office response goes further by explaining how earnings will be assessed.
Rather than requiring applicants to meet a particular salary threshold continuously, the Government will use a best years approach.
Settlement route | Earnings requirement in the written policy |
3 years | At least £125,141 in three of the four years immediately before applying |
5 years | At least £50,271 in three of the five years immediately before applying |
10 years | At least £12,571 in five of the seven years immediately before applying |
This approach is intended to accommodate circumstances such as parental leave, caring responsibilities and temporary periods of reduced earnings.
The thresholds are intended to remain linked to the relevant income-tax thresholds.
The Home Office has also confirmed exemptions from the minimum earnings requirement for certain applicants, including children, people aged 65 or over, and individuals unable to meet the requirement because of specified health conditions.
Further clarification required: The policy document contains an inconsistency requiring attention. One section refers to a minimum economic contribution of £12,571 for three years, while the detailed ten-year pathway requires earnings at that level for five of the preceding seven years.
The final rules should clarify this and the evidence required, including how taxable income will be calculated.
Applicants should also not assume that satisfying the earnings requirement automatically satisfies the separate salary and sponsorship requirements applicable to their immigration route.
6. New mandatory settlement requirements
The principal requirements were announced by Mahmood; the detailed conditions appear in Chapters 1–3 of the Home Office response
The Home Secretary confirmed that applicants will need to meet stronger requirements relating to conduct, integration and economic contribution.
These include:
No disqualifying criminal record.
No outstanding debt to the Government.
A higher standard of English.
A demonstrated record of economic contribution.
Compliance with the applicable immigration requirements.
The written response provides additional detail.
Criminal records
The Home Office intends to introduce substantially stricter criminality provisions.
Under the announced policy, adult applicants with a UK criminal record will generally be refused settlement, including where the record concerns certain non-custodial penalties.
Further provisions will apply to overseas convictions, with limited discretion depending on the circumstances.
Government debt
Applicants will generally be required to have no outstanding qualifying Government debt.
The written response identifies NHS debt, tax debt, National Insurance liabilities and specified Home Office litigation debt.
English language
The standard English-language requirement will increase to B2, subject to applicable exemptions.
Importantly, the B2 change has already been introduced into the Immigration Rules, with commencement scheduled for 26 March 2027 for the relevant settlement routes.
The Life in the UK test will also remain a requirement.
The Government has decided not to offer a further reduction in the settlement qualifying period for applicants demonstrating C1 English.
Immigration breaches
Mahmood confirmed that specified breaches of immigration conditions will result in a twenty-year pathway.
The Home Office response identifies possible qualifying breaches including overstaying, deception and breaches of conditions attached to immigration permission.
Further clarification required: The final rules must define the relevant criminality provisions, qualifying immigration breaches, available exceptions and how historical conduct will be assessed.
7. Accessing public funds could delay settlement
Announced by Mahmood, with further provisions in Chapter 2
The Home Secretary confirmed that applicants who have claimed benefits will generally need to demonstrate five continuous years without relying on specified public funds before obtaining settlement under the shorter pathways.
The written response explains that individuals who continue to access relevant public funds may instead need to complete twenty years on a qualifying route, subject to exemptions and safeguards.
Further clarification required: The Home Office has not yet finalised precisely which benefits and types of support will count, or the full list of exemptions for vulnerable groups.
Applicants should not assume that every payment or form of government assistance will necessarily be treated identically.
8. The ten-year Long Residence route will close
Confirmed in Chapter 4 of the Home Office response; not specifically detailed in Mahmood's Commons statement
This is another significant development, particularly for international students and individuals who have spent time on multiple immigration routes.
Under the current rules, an individual may qualify for settlement after ten years of continuous lawful residence, potentially combining time on routes that do not themselves lead directly to ILR.
The Government has now confirmed that the separate Long Residence route will close under Earned Settlement.
Time spent on temporary immigration routes will no longer contribute towards settlement simply because an individual has accumulated ten years of lawful residence.
The written response identifies routes that will generally no longer count, including:
Student and Graduate routes.
Global Business Mobility.
High Potential Individual.
Visit and certain temporary worker routes.
Youth Mobility and other specified temporary categories.
Under the new approach, qualifying residence will generally need to be accumulated on a route intended to support long-term residence and settlement.
Further clarification required: The Government has not yet published the full transitional arrangements for individuals who have already accumulated substantial lawful residence towards the current ten-year Long Residence pathway.
This is particularly important for those nearing eligibility.
9. Important extension of pre-April 2024 Skilled Worker salary protections
Confirmed in Chapter 8 of the Home Office response; not specifically detailed in the Commons statement
The Government has addressed the position of certain Skilled Workers who benefited from transitional salary arrangements following the April 2024 changes.
Those arrangements enabled qualifying workers to extend their visas under earlier salary thresholds and were previously due to expire in 2030.
Recognising that some workers in occupations below RQF Level 6 will now need ten years to qualify for settlement, the Government has announced that the applicable transitional salary arrangements will be extended until 2035 for that cohort.
This will enable eligible individuals to continue extending their visas on the relevant existing transitional terms while they work towards settlement.
However, this does not provide a general five-year ILR exemption for everyone sponsored before April 2024.
Further clarification required: The detailed rules must confirm the precise eligibility criteria, interaction with current occupation and salary thresholds, and how transitional protection will apply when workers change employers, occupations or sponsors.
10. Dependants will generally be able to settle with their families
Confirmed in Chapter 5 of the Home Office response; not addressed in comparable detail in Mahmood's speech
The Government has revised its original proposal that adult dependants should earn settlement largely independently.
Under the final policy framework, family unity will receive greater recognition.
Dependant partners
A dependant partner who arrives alongside the principal applicant will generally be able to settle at the same time, provided the relevant requirements are met.
Partners who join later will ordinarily need to complete the same qualifying residence period before settling.
Combined household earnings
Eligible couples will be able to combine their earnings to meet the minimum contribution requirement.
The proposed combined household threshold is £25,142.
Children under 18
Children will generally remain able to settle alongside their parents, subject to the relevant route requirements.
They will be exempt from the minimum income, Government debt, English-language and Life in the UK test requirements, but will remain subject to relevant suitability provisions.
Young adults aged 18–24
Those retaining child-dependant status will generally be able to settle alongside their families without independently meeting the earnings requirement.
They will, however, be expected to satisfy other applicable adult settlement requirements.
Young adults aged 25 and over
Individuals aged 25 or over when their family becomes eligible for settlement will normally be expected to qualify independently or move onto another appropriate immigration route.
Further clarification required: The detailed rules will need to establish how these provisions interact with existing dependant eligibility rules, delays in the principal applicant's settlement and exceptional family circumstances.
11. Certain existing settlement pathways will be preserved
Broadly confirmed by Mahmood, with the full arrangements detailed in Chapter 4
The Home Secretary expressly stated that a number of groups would retain their existing settlement arrangements.
These include Hong Kong BN(O) visa holders, certain members of the armed forces, people with recognised British connections and individuals covered by legacy arrangements such as Windrush.
The written response provides further detail concerning:
Eligible partners, parents and children of British citizens.
The UK Ancestry route.
The EU Settlement Scheme.
Specified Afghan and legacy resettlement schemes.
Certain armed forces personnel and their families.
Eligible victims of domestic abuse and bereaved partners.
Certain other vulnerable or protected groups.
These groups are not necessarily exempt from every new requirement. The policy makes clear that strengthened mandatory requirements may continue to apply unless a specific exemption or safeguard is available.
12. Additional protection following sponsor licence revocation in the care sector
Broadly announced by Mahmood; the exact periods are contained in Chapter 8
Mahmood confirmed that care workers affected by exploitative or non-compliant sponsors would receive additional time to find legitimate employment.
The Home Office response specifies that, from 1 February 2027, qualifying care workers whose sponsors lose their licences will be given:
Up to 120 days to secure a genuine job offer.
A further 60 days to resolve their immigration and employment status.
If the requirements are not met within the applicable period, the individual's visa may be curtailed.
This is an important development for care-sector employers and sponsored workers affected by sponsor licence revocation.
Further clarification required: The Home Office must publish the relevant procedural rules and guidance, including when the periods begin, which individuals qualify and the evidence required to demonstrate a genuine replacement offer.
13. When will the new ILR rules come into effect?
Further clarification required
Although the Government has now confirmed its policy decisions, it has not published a complete implementation timetable for the Earned Settlement framework.
The Home Office has stated that the next stage will involve translating the policy into detailed Immigration Rules and operational guidance.
A further technical document and full impact assessment will be published before implementation.
The distinction between policy and law is important.
The Commons statement and consultation response confirm what the Government intends to introduce. They do not, by themselves, replace the Immigration Rules currently governing settlement applications.
Accordingly, individuals applying for ILR before the changes take effect will continue to be assessed under the applicable rules in force at the relevant time.
15. What do these changes mean for UK employers and visa holders?
The reforms could have substantial implications for businesses employing sponsored workers.
Where an employee previously expected to qualify for ILR after five years but is moved onto a ten-year pathway, their employer may need to support additional visa extensions.
This could lead to increased legal and application fees, longer sponsorship obligations and additional Immigration Skills Charge liabilities.
Employers will also need to consider how salaries and occupational classifications affect employees' settlement prospects.
For existing sponsored workers, particular attention should be paid to:
Whether their occupation qualifies for an accelerated or protected settlement pathway.
Whether they entered the relevant route before the applicable transitional cutoff.
Their earnings history and ability to satisfy the relevant contribution requirements.
Previous immigration permission on temporary routes.
Their dependants' eligibility and qualifying residence.
The timing of any anticipated settlement application.
Care-sector employers should additionally review salary compliance, genuine employment records and sponsorship arrangements, given the specific conditions attached to the five-year concession.
WestBridge Business Immigration's assessment
The Government's announcement provides substantially greater certainty about the direction of the Earned Settlement reforms.
The withdrawal of the proposed 15-year pathway for workers below RQF Level 6, the retention of five-year settlement for qualifying existing care workers and the revised approach to dependants represent notable changes from the original consultation.
Nevertheless, the ten-year standard pathway remains, and the Government has not offered general transitional protection to existing Skilled Worker visa holders simply because they entered the UK before May 2025.
The closure of the Long Residence route is also a particularly significant development for individuals who previously expected to combine time spent on temporary and settlement routes.
The main outstanding issue is no longer whether the Government intends to proceed with these reforms, but precisely how and when they will be implemented.
Employers and migrants should therefore review their circumstances carefully rather than assume their anticipated ILR eligibility date will remain unchanged.
WestBridge Business Immigration will continue monitoring the publication of the implementing Immigration Rules, transitional provisions and accompanying Home Office guidance.
For advice on how the Earned Settlement reforms may affect an existing Skilled Worker, care worker, dependant or future ILR application, please contact WestBridge Business Immigration.
Official sources
Home Office: Earned Settlement consultation outcome — 2 November 2026
A Fairer Pathway to Settlement: Government Response to the Consultation, CP 1707 — November 2026
House of Commons: Parliamentary proceedings, 2 November 2026
Commons Hansard: 2 November 2026
This article reflects the Government's announced policy position on 2 November 2026. Except where separate Immigration Rules changes have already been made, the new Earned Settlement framework is subject to implementation. Individual applications must be assessed against the Immigration Rules applicable at the relevant time.
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Disclaimer
The information provided in these articles is for general guidance only and does not constitute legal advice. Immigration rules change frequently and individual circumstances vary, so you should always seek tailored advice from a qualified immigration lawyer before making any decisions. If you require professional support, our team would be pleased to assist you.
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