The United Kingdom government has announced an “earned settlement model” that would extend the standard pathway to permanent residence for many migrant workers from five years to 10. The proposed changes are expected to take effect next year and would introduce different timelines based on earnings, occupation, immigration compliance and route of entry.
The announcement is a significant development in UK migration policy and has wider relevance for Europe, particularly employers, workers and families affected by the post-Brexit immigration system. The government says settlement should reflect contribution and compliance rather than time spent in the country alone.
What the UK government has announced
Home Secretary Shabana Mahmood confirmed that most workers would face a 10-year qualifying period before becoming eligible to apply for indefinite leave to remain, or ILR. This status allows a person to live, work and study in the UK without a time limit.
The government’s proposed framework would create several routes to settlement:
- Most migrant workers would qualify after 10 years.
- High earners could become eligible within three years.
- People earning more than £50,271, along with some public service workers, including doctors, nurses and teachers, could qualify after five years.
- Eligible care workers earning £25,000 a year would retain the existing five-year pathway.
- Refugees arriving through approved routes could apply for settlement after five years.
- People who breach immigration rules could face a 20-year qualifying period.
- Those who entered through a small boat or another clandestine route could face an additional 10-year wait, potentially taking the total to 30 years.
The detailed legal wording and implementation arrangements have not been provided in the source announcement. The government says the new rules are due to begin next year.
Why care workers were given an exemption
The decision to preserve a five-year route for qualifying care workers follows criticism of earlier proposals. Unions and some members of the governing Labour Party had raised concerns about the effect of tougher settlement requirements on people working in social care.
The government said the exemption recognised workers who had responded to labour shortages in the care sector. The change may also be significant for employers that rely on overseas recruitment to staff care services, although the precise eligibility conditions will depend on the final policy.
Doctors, nurses and teachers were also identified as public service workers who could remain eligible for settlement after five years, provided they meet the relevant requirements.
How the new model would work
The proposal moves away from a single time-based route. Instead, settlement would be linked to a combination of factors, including income, public service employment, compliance with immigration rules and the way a person entered the UK.
The government said its consultation received more than 200,000 responses. According to the announcement, respondents raised concerns about fairness, complexity and the impact on people already living in the country. The government also reported support for a system that recognises contribution, integration and compliance.
That approach could make the settlement system more complex for workers and employers. People on similar visas may face different timelines depending on salary, occupation or immigration history. Families may also need to assess how a change to one person’s settlement pathway affects dependants.
Who will be affected?
The proposed rules would primarily affect migrants who are working towards indefinite leave to remain. They would not affect people who already have settled status, according to the government.
Potentially affected groups include:
- Skilled workers and other employment-based migrants on routes leading to settlement.
- Public service professionals, including health and education workers.
- Social care workers who meet the proposed income and visa conditions.
- People with immigration breaches or irregular entry histories.
- Refugees who arrived through approved routes.
- Employers planning recruitment and retention over the long term.
The announcement does not mean that the new timelines are already in force. Further details, including transitional arrangements for people already in the UK but not yet settled, will be important before the changes can be fully assessed.
Political and European context
Prime Minister Andy Burnham said the UK had “lost control of immigration” following Brexit and expressed support for the Home Secretary’s approach. The government is facing pressure from the political right, including Reform UK, which has proposed replacing indefinite leave to remain with a renewable five-year work visa if it enters government.
Although this is a national UK policy rather than an EU decision, it forms part of wider European debates about migration, labour shortages, border controls and access to permanent residence. The UK is outside the European Union, so these rules are separate from EU immigration and asylum law. They also do not change the rights of EU citizens who already hold settled or pre-settled status under the UK’s EU Settlement Scheme.
What happens next?
The government says the new rules are expected to come into effect next year. Before then, officials will need to publish the detailed regulations and explain how they will apply to different visa categories, dependants and people already working towards settlement.
Employers and migrants will also need clarity on the evidence required to demonstrate income, public service employment, integration and compliance. The final arrangements may determine whether existing residents receive transitional protection or whether they move into the new system.
For Irish citizens, the position is different from that of most foreign nationals. The Common Travel Area allows Irish and British citizens to live and work in each other’s countries, subject to its longstanding arrangements. The announcement therefore primarily concerns non-Irish migrants in the UK, although Irish employers and families may encounter indirect effects through changes to recruitment and the UK labour market.
The key takeaway
The UK’s proposed earned settlement model would make permanent residence harder to obtain for many migrant workers by extending the standard pathway to 10 years. The policy is not yet an operative EU rule or a final European Union measure; it is a UK immigration proposal awaiting detailed implementation. Its practical impact will depend on the regulations, transitional provisions and final eligibility criteria published before the planned start next year.