Unpacking new proposals for permanent residence
The Home Secretary’s statement of Thursday 20th November, announcing the consultation on the new Earned Settlement Model, represents a major change in immigration policy and one which could significantly disadvantage a large group of people already in the UK.
Views are sought on whether transitional arrangements should be introduced for individuals currently in the UK who have not yet secured Indefinite Leave to Remain (ILR), but there appears a clear preference within the Home Office that the new Rules will apply to all.
The proposals distinguish the qualification period for permanent residence based on the applicant’s income, occupation, English competency and activity in the UK. Higher-rate taxpayers could qualify after five years, and top-rate taxpayers after three years. Professionals in medicine, nursing, and teaching could qualify after five years. Undertaking voluntary work could enable applicants to qualify between five and seven years, if shorter than the above. Partners of British citizens and British Nationals (Overseas) from Hong Kong would continue to be eligible after five years. The EU Settlement Scheme and Windrush schemes would remain unchanged. Individuals with degree-level English proficiency could see a one year reduction in the qualification period.
By contrast, individuals who have received benefits for under 12 months may face a 15-year qualifying period and, if longer than 12 months , this may be 20 years. Refugees under core protection may also qualify after 20 years, subject to potential reduction by switching to a work or study route. Illegal entrants could face a 30-year requirement. ILR would not confer access to benefits, which would be limited to British citizens.
This is a very different approach to the concept of settlement which introduces elements of complexity and subjectivity to the process which, in practice, may be difficult to navigate.
These proposals have serious implications not only for individuals and families but also for businesses that rely on sponsoring skilled migrants and specialist staff, with significant additional costs, and consequences for long-term workforce planning. If you expect to be affected, you may wish to respond to the consultation.
Responses can be made until 12th February 2026, with the online form here.
