UK earned settlement: ILR moves to 10 years
The UK will make 10 years the default wait for indefinite leave to remain under its earned settlement policy, announced on 2 November 2026. Higher earners above £50,271 and some public service workers keep a 5-year route, the highest earners can apply after 3 years, and immigration breaches push settlement to at least 20 years.
This summary is based on the Home Office press release and the Home Secretary's statement to Parliament. The policy still has to be written into the Immigration Rules, and the official documents we read give no start date. For a wider view of moving staff across borders, see our cross-border employment checklist.
TL;DR
- Default qualifying period for settlement becomes 10 years, up from 5.
- 5 years for earners above £50,271, some public service workers (doctors, nurses, teachers) and care workers who earned at least £25,000 and met their visa conditions.
- 3 years for the highest earners (over £125,000 in the statement) and those on the highest talent schemes.
- 20 years or more after an immigration breach; claiming benefits requires 5 continuous years without public funds before applying.
- Rules apply at the time of the settlement decision, not on arrival; existing settled status is not removed.
Legal basis
Indefinite leave to remain comes from section 3(1)(b) of the Immigration Act 1971, which allows leave to enter or remain "either for a limited or for an indefinite period". The detailed qualifying periods sit in the Immigration Rules, which the government will need to amend to put earned settlement into effect.
The four mandatory conditions
Before any qualifying period counts, the Home Office says every applicant, whenever they arrived, must meet four conditions:
- a clean criminal record (stricter than the current threshold of a 12-month suspended sentence);
- English spoken to a high standard, equivalent to A-Level English as a foreign language;
- no debt owed to the taxpayer;
- a record of sustained National Insurance contributions. The Home Secretary's statement refers to 3 years of contributions.
Qualifying periods at a glance
| Path | Who | Source |
|---|---|---|
| 3 years | Highest earners (over £125,000) and highest talent schemes | Home Office press release and statement |
| 5 years | Earners above £50,271; doctors, nurses, teachers and similar public service roles; care workers who earned £25,000+ and met visa conditions | Home Office press release |
| 10 years | The new default for everyone else, including earners below £50,000 | Home Office press release and statement |
| 20 years or more | People who committed an immigration breach | Home Office press release |
Refugees on Home Office-approved routes can settle after 5 years; other refugees face 20 years, reduced to 10 for those who work or study, and up to 30 years for clandestine entry such as small boats. Family members of British citizens, Hong Kong British Nationals (Overseas) and members of the armed forces keep their current pathways.
What it means for skilled and remote workers
For people on work visas, salary history becomes central. The government says those on the longer path can keep renewing their temporary visas until they qualify, and that no one will be forced to leave. Because the rules are those in force when the decision is made, plan around the rules that will apply when you expect to apply, not the ones in place when you arrived.
The Home Office estimates that over 500,000 people will wait longer than 5 years to settle. If you are also weighing a move within the EU instead, our guides on Italy's digital nomad visa and ETIAS and EES for visa-free travel cover the basics.
FAQ
What is earned settlement? A Home Office policy announced on 2 November 2026 that ties the wait for indefinite leave to remain to contribution and character, with 10 years as the default.
Who keeps the 5-year route? Earners above £50,271, some public service workers and qualifying care workers.
Is there a 3-year route? Yes, for the highest earners and the highest talent schemes.
What are the mandatory conditions? Clean criminal record, high-level English, no debt to the taxpayer and sustained National Insurance contributions.
Does it affect people already in the UK? Yes, because rules apply at the point of the settlement decision; existing settled status is kept.
General information as of 7 November 2026, not legal advice. The detailed Immigration Rules were not yet published; check GOV.UK or a regulated adviser before applying.
Sources
- Home Secretary unveils new rules for migrants settling in the UK – GOV.UK, 2 November 2026 (accessed 7 November 2026)
- Earned settlement: Home Secretary's statement – GOV.UK, 2 November 2026 (accessed 7 November 2026)
- Immigration Act 1971, section 3 – legislation.gov.uk (accessed 7 November 2026)