Skilled Worker VisaBy Stonebridge Legal Solutions
EARNED SETTLEMENT BRIEFING Earned Settlement Is Confirmed: Who Waits 5, 10 or 20 Years for ILR A plain-English guide to the Home Secretary's statement of 2 November 2026, with exam...
EARNED SETTLEMENT BRIEFING
Earned Settlement Is Confirmed: Who Waits 5, 10 or 20 Years for ILR
A plain-English guide to the Home Secretary's statement of 2 November 2026, with examples and the chances of a court challenge
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Stonebridge Legal Solutions | 3 November 2026
stonebridgelegal.co.uk | 020 3393 6789 | info@stonebridgelegal.co.uk
64 Broadway, London E15 1NT | Amba House, 15 College Road, Harrow
EARNED SETTLEMENT BRIEFING
On 2 November 2026 the Home Secretary, Shabana Mahmood, made a statement in the House of Commons on earned settlement. The Home Office published its response to the consultation on the same day.
The main message is simple. The normal wait for indefinite leave to remain (ILR) goes up from 5 years to 10 years. Some people can still settle in 3 or 5 years. Others will wait 20 years or more.
But nothing has changed in law yet. The new Rules are expected in a Statement of Changes in December 2026, and they will start in stages during 2027. Until then, the 5-year route is still open.
IN SHORT
10 years is the new normal wait for most people.
5 years for people earning £50,271 or more, doctors, nurses, teachers and other public service roles, and partners and parents of British citizens.
Care workers who came before May 2025 keep 5 years if they met their visa conditions.
20 years for anyone with an immigration breach, or who still needs benefits.
No change for BN(O), Windrush, the Armed Forces and domestic abuse victims. The EU Settlement Scheme is not affected.
01 Key dates
▪ 2 November 2026: the Home Secretary made her statement and the consultation response was published. This matters to anyone on a route to ILR.
▪ December 2026 (expected): the Statement of Changes with the new Rules is laid before Parliament. Again, this matters to anyone on a route to ILR.
▪ 1 February 2027: new rules start for care workers who lose their job because the sponsor licence was taken away. Care workers and care providers should note this date.
▪ 26 March 2027: English for settlement rises from B1 to B2. This affects most ILR applicants.
▪ During 2027: the other parts of earned settlement start in stages, for anyone on a route to ILR.
One point matters more than any date. The Home Secretary has said the Rules in force on the date of the decision will apply, not the Rules in force when you arrived. So if you qualify under the 5-year rules now, do not wait.
02 The new basic tests for everyone
Before the waiting time even matters, every applicant must pass four tests:
▪ No criminal record. This means no convictions, no cautions and not even an absolute discharge.
▪ English at B2 level.
▪ No unpaid debt to the government, such as an NHS debt or unpaid court costs.
▪ At least 3 years of National Insurance contributions.
There is also a new rule on benefits. Applicants on the 3, 5 or 10-year routes must not have claimed public funds in the last 5 years. A person who still needs benefits can only settle after 20 years.
03 How long will you wait?
▪ 3 years: people earning £125,141 or more (3 of the last 4 years), and people on the Global Talent, Innovator Founder and Sportsperson routes. This is the fastest route.
▪ 5 years: people earning £50,271 or more (3 of the last 5 years); doctors, nurses, teachers and other education and healthcare roles; and partners and parents of British citizens, and UK Ancestry. Partners can settle with the main applicant.
▪ 10 years: everyone else. Temporary visas can be renewed until then.
▪ 20 years: anyone with an immigration breach (overstaying, breaking visa conditions, deception), and anyone still claiming public funds. This cannot be reduced, even for high earners.
▪ 20 to 30 years: refugees who did not come by a safe and legal route. Illegal entry, such as by small boat, adds 10 years. Working or studying can cut 10 years.
▪ No change: BN(O), the Afghan schemes, Windrush, the Armed Forces (including Gurkhas), bereaved partners, domestic abuse victims and children in care. The EU Settlement Scheme is outside the changes.
Couples can put their earnings together to meet a household figure of £25,142. Only the best years are counted, to allow for parental leave, caring and sickness.
Long Residence
The 10-year Long Residence route will close. Time on most work, family and protection routes will count towards settlement. Time as a visitor, student, Graduate, Youth Mobility, seasonal or temporary worker will not count.
Children
Children under 18 settle with their parents. Those aged 18 to 24 can also settle with their parents but must meet most of the basic tests. Those aged 25 or over must qualify on their own, or they may lose their dependant status.
04 Care workers and public sector staff
This is where the Government changed its mind most. The protection only covers people who joined before the White Paper in May 2025.
▪ Met the visa conditions (sponsored and paid over £25,000): keep the 5-year route.
▪ Did not meet them (for example, the sponsor lost its licence or pay was too low): get a new 5-year care visa, not tied to one employer. They can settle at the end if they then meet the requirements.
▪ Joined after May 2025: 10 years like everyone else.
From 1 February 2027, a care worker who loses their job because the sponsor licence was taken away will have up to 120 days to find a new job, plus 60 days to sort out their visa. If they miss these deadlines, the visa will be cut short.
The same protection applies to some public sector roles in healthcare and education below degree level on a national pay scale, such as nursing auxiliaries and teaching assistants.
OUR PRACTICAL TIP
Most other Skilled Workers who came in 2021 or 2022 get no transitional protection. If you already qualify for ILR, or will qualify before the new Rules start, please get your documents ready now and apply as soon as you can.
05 What it means for different people (Examples)
Some simple examples. Every case depends on its own facts.
▪ Rahim is an IT Skilled Worker on £38,000 who arrived in 2022. He will wait 10 years, unless he can apply before the new Rules start or his pay goes over £50,271.
▪ Fatima is a care worker who arrived in 2023, sponsored and paid over £25,000. She keeps the 5-year route.
▪ Joseph is a care worker who arrived in 2023, but his sponsor lost its licence. He gets a new 5-year care visa and can then settle.
▪ Maria is a care worker who arrived in August 2025. She will wait 10 years.
▪ Ali is an NHS nurse on a Health and Care visa. He will wait 5 years.
▪ Sara is the wife of a British citizen. She will wait 5 years, with no change.
▪ Kamal is an engineer on £70,000 who overstayed for a year in 2019. He will wait 20 years, even with a high salary.
▪ The Ahmeds are a family on a Skilled Worker visa with a son aged 26. The parents follow their own route. The son must qualify on his own.
▪ Daniel is a refugee who came by small boat and now works. He faces 30 years, cut to 20 if he moves to the work and study route.
06 Can it be challenged in court?
No one can challenge the policy until the new Rules are laid, probably in December 2026. After that, a judicial review is possible. Here is how we see both sides.
What migrants could argue
▪ Fairness and legitimate expectation. Many people came, paid high fees and the Immigration Health Charge, and planned their lives around a 5-year route.
▪ Article 8 ECHR. For people very close to 5 years, a much longer wait may be disproportionate.
▪ Discrimination and equality. Income and National Insurance tests may hit women, carers, disabled people and part-time workers harder. The full impact assessment is not out yet, so there may be a Public Sector Equality Duty point.
▪ Unfair line-drawing. Care workers are protected, but other workers who came at the same time are not.
▪ Refugee Convention. The extra 10 years for illegal entry could be argued to be a penalty under Article 31.
What the Home Office will argue
▪ ILR was never guaranteed. In Odelola [2009] UKHL 25, the House of Lords held that applications are decided under the Rules in force at the date of decision.
▪ Wide power. The Home Secretary makes the Rules under section 3(2) of the Immigration Act 1971, and they are laid before Parliament.
▪ A fair process. There was a full consultation with over 200,000 responses, and protection was given to care and public sector workers.
▪ Safeguards. Only the best years are counted, and there are exemptions for children, people aged 65 or over and people with health conditions.
OUR VIEW
If a challenge does succeed, the likely result is wider transitional protection, not the end of the policy. So plan around the Rules, not a court case.
07 Mistakes to avoid
1. Waiting for the new Rules when you already qualify under the 5-year rules.
2. Letting your leave run out, even for a few days. A breach can now mean 20 years.
3. Claiming public funds without advice.
4. Not keeping payslips, P60s and National Insurance records.
5. Letting an adult child reach 25 without their own plan.
08 How Stonebridge Legal Solutions can help
We can help individuals, families and employers with:
▪ ILR applications under the current 5-year rules, before the change
▪ Checking which waiting time will apply to you and your family
▪ Care workers whose sponsor has lost its licence
▪ Human rights and refugee cases affected by the longer routes
Our legal fees depend on how complex the case is and are quoted separately after an initial review.
SPEAK TO US
Phone: 020 3393 6789 WhatsApp: +44 7988 138221
Email: info@stonebridgelegal.co.uk Web: stonebridgelegal.co.uk
Offices: Amba House, 2nd Floor, Suite 6, 15 College Road, Harrow, London | 64 Broadway, London E15 1NT
Main sources
Home Secretary's oral statement on earned settlement, House of Commons, 2 November 2026 (GOV.UK)
Home Office response to the earned settlement consultation, and consultation findings, 2 November 2026
Odelola v SSHD [2009] UKHL 25; Immigration Act 1971, section 3(2)
This article is general information only, based on the Home Secretary's statement and Home Office policy as at 3 November 2026. The new Rules have not been published yet and some details may change. It is not legal advice for your own case. Immigration law changes often, and the right answer depends on your circumstances. Please speak to us before you act. Stonebridge Legal Solutions is regulated by the Immigration Advice Authority.