The government is currently consulting on proposals to double the standard qualifying period from five years to ten years for indefinite leave to remain or settlement in the UK.
However, as part of the consultation, the Government is proposing to introduce a new concept of ‘earned settlement’ with time reductions from the 10-year baseline qualifying period, depending on specific requirements being met, explains legal firm Travers Smith.
“For example, under the proposals, the qualifying period for settlement would reduce to three years for employees earning above £125,140 (the threshold for payment of income tax at the additional rate).
“This will represent a significant change, but it is not yet clear whether transitional provisions will apply for individuals already in the UK who are currently on a five-year pathway to settlement. The consultation closes on 12 February 2026,” the firm said.
A series of tests planned
Answering in a recent written parliamentary Q&A, Labour’s Mike Tapp explained that the proposed earned settlement model will raise the standard qualifying period for settlement from five years to ten years based on a series of tests.
“We are proposing a series of tests that will measure a person’s contribution to this country and either reduce or increase the amount of time to settlement. This will include work undertaken by the individual. This earned settlement model and the tests which measure contribution are currently subject to a public consultation, running until 12 February 2026.
“The consultation also seeks views on whether there should be transitional arrangements for those already on a pathway to settlement. Details of the earned settlement scheme, including any transitional arrangements for those already in the UK, will be finalised following that consultation.
“The final model will also be subject to equality and economic impact assessments, which we have committed to publish in due course,” he said.
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