Earned Settlement and ILR: A Complete Guide to the Home Secretary's Evidence of 15 September 2026

Key takeaways

If you only have two minutes, these are the points that matter most.

• The five-year route to Indefinite Leave to Remain (ILR) is still in force today. No Immigration Rules changing the qualifying period have been laid before Parliament.
• The government is still committed to earned settlement. The Home Secretary described it as a new model of settlement based on contribution, not simply a change for one group.
• The final policy will be announced “later this year”. The Home Secretary said it would come in good time before February 2027, when the first people who arrived in 2022 would qualify under the current rules.
• Transitional protections are genuinely undecided. For the first time in public, the Home Secretary named “passporting certain cohorts through” at five years as one of the options being considered.
• The government is still relying on the “date of application” principle. The rules that apply are those in force when you apply, not when you arrived. This means people already in the UK could still be affected.
• The new Prime Minister will shape the outcome. The Home Secretary confirmed that settlement policy will be shaped by the new Prime Minister, Andy Burnham, who has previously expressed concern about changing the rules for people already on a route.
• Preparation matters now. Anyone expected to qualify for ILR in 2026 or 2027 should know their exact qualifying date and have their application ready.

The rest of this guide explains each of these points in detail.

Contents

1. Background: how we got here
2. What earned settlement would change: the proposals in detail
3. The evidence session of 15 September 2026
4. What the Home Secretary said about settlement, point by point
5. Other announcements from the session that affect migrants
6. Reading between the lines: tone and political context
7. The legal question: can the rules change for people already here?
8. What we expect to happen next
9. Who is most and least likely to be affected
10. Illustrative examples
11. Practical steps for individuals and families
12. Guidance for employers and sponsors
13. Frequently asked questions
14. How Wesbridge Associates can help

1. Background: how we got here

Earned settlement did not appear overnight. It is the result of a series of announcements over more than a year.

Summer 2025: the Immigration White Paper. Before the current Home Secretary took office, the government published an Immigration White Paper that signalled the standard qualifying period for ILR would move from five years to ten.

5 September 2025: Shabana Mahmood becomes Home Secretary. She replaced Yvette Cooper in a Cabinet reshuffle and quickly made settlement reform one of her central priorities.

20 November 2025: the consultation is launched. The Home Office published A Fairer Pathway to Settlement, setting out the earned settlement model in detail and asking for views on many of its elements.

2 February 2026: Westminster Hall debate. The Minister for Migration and Citizenship confirmed the government intended to proceed, while stating that retrospectivity and transitional arrangements remained under review.

4 February 2026: the Home Secretary appears before the Home Affairs Committee. She told MPs the consultation had received around 130,000 responses.

12 February 2026: the consultation closes.

March 2026: the Home Affairs Committee reports, and the Home Secretary doubles down. The Commons Home Affairs Committee published its report on the reforms. Around the same time, in a speech at the Institute for Public Policy Research, the Home Secretary said settlement should be earned and not automatic, and indicated that the changes would apply to those already in the UK who had not yet secured settled status. A Statement of Changes laid at the same time introduced a higher English language requirement for settlement.

Spring and early summer 2026: growing opposition. More than 100 Labour MPs reportedly wrote privately to the Home Secretary expressing concern about the retrospective application of the changes. The House of Lords Justice and Home Affairs Committee later found retrospective changes to be “manifestly unfair”.

Summer 2026: a new Prime Minister. Andy Burnham became Prime Minister and kept Shabana Mahmood as Home Secretary. Burnham had raised concerns about changing the position of people who entered under existing routes and planned on the basis of a five-year path to settlement.

15 September 2026: the latest evidence session. This is the session analysed in this guide.

Throughout all of this, the core point for migrants has not changed: no rules altering the five-year ILR qualifying period have yet been laid before Parliament.

2. What earned settlement would change: the proposals in detail

It is important to understand what was proposed in the consultation, because this is the framework the government is now finalising. Everything in this section was proposed for consultation and may change in the final policy.

The new baseline

The central proposal is that the qualifying period for settlement would double from five years to a default of ten years for most people.

Two groups were proposed to have longer baselines:

• Workers in roles below graduate level. The consultation proposed a 15-year baseline for Skilled Workers sponsored in roles below RQF Level 6, which in practice includes large numbers of care workers. The government’s stated reason was that most of this group began arriving from 2022 onwards and would start qualifying in 2027.
• Refugees on “core protection”. Refugees who remain on core protection were proposed to face a 20-year settlement path.

Factors that could shorten your route

The consultation proposed that the baseline could be reduced based on individual attributes. Examples include:

• High earnings. Those with taxable income of £50,270 or more for the three years before applying would have a five-year route, and those earning £125,140 or more would have a three-year route.
• Specialist routes. Three years on an Innovator Founder or Global Talent visa would also lead to a three-year route.
• Public service. Eligible public sector workers could receive a five-year reduction, but only in graduate-level roles, so adult social care workers would not benefit.
• English language ability. A high level of English could reduce the qualifying period by one year.
• Volunteering. Evidence of community volunteering was proposed as another way to reduce the route.

Factors that could lengthen your route

The consultation also proposed penalties that would add years to the baseline:

• Receiving public funds. Claiming public funds for less than 12 months could add five years, and for more than 12 months could add ten years.
• Irregular entry and immigration breaches. Illegal arrival, first entry on a visit visa or overstaying for six months or more could each add up to 20 years.

Only the single largest increase and the single largest reduction would apply, and increases would take precedence over reductions.

Dependants

Under the current system, dependants of economic migrants usually qualify for settlement at the same time as the main applicant. The consultation proposed that dependants would instead have to earn settlement in their own right. For many families, this could mean partners and children on different timelines from the main applicant.

Access to public funds after settlement

The consultation also raised the possibility that people granted settlement under the new model might not have access to public funds, with that access reserved for British citizens. This would be a fundamental change, because at present ILR normally brings access to the benefits system.

Stricter suitability and English requirements

The proposals included a clean criminal record, no debts to the taxpayer and a history of work and tax contributions. Separately, the higher B2 English language standard for ILR is due to take effect on 26 March 2027. That element has already been laid before Parliament and is not part of the undecided package.

Who was said to be unaffected

The government has indicated that the changes would not affect people who already hold ILR, those with settled or pre-settled status under the EU Settlement Scheme, or those covered by the Windrush arrangements. The consultation also said settlement would be quicker for those with a uniquely strong attachment to the UK, including spouses and dependants of British citizens and BN(O) status holders from Hong Kong.

3. The evidence session of 15 September 2026

The Home Affairs Committee is a cross-party committee of MPs that scrutinises the work of the Home Office. The Home Secretary appears before it regularly for general accountability sessions.

The session on 15 September covered three broad topics: the response to grooming gangs and related inquiries, regular (legal) migration, and irregular migration including Channel crossings and asylum accommodation. Settlement was discussed in the regular migration section, mainly in exchanges with Bell Ribeiro-Addy MP and Lewis Atkinson MP.

This was the Home Secretary’s first major committee appearance on migration since the change of Prime Minister, which made it an important opportunity to see whether the government’s position on settlement had shifted.

A note on sources: our analysis is based on our review of the recording of the session. Quotations are taken from that recording and may differ slightly from the official transcript, which will be published by Parliament.

4. What the Home Secretary said about settlement, point by point

4.1 Settlement policy will be shaped by the new Prime Minister

The first question on regular migration asked whether major changes to immigration policy could be expected under the new Prime Minister.

The Home Secretary said there were elements of migration policy still to be decided, specifically naming the settlement consultation. She said the government would be “making policy decisions on that very soon” and that the outcome would be “shaped by the new Prime Minister”, as it would have been under his predecessor. She added that she had already had good conversations with the new Prime Minister about migration policy.

Why this matters: This is the clearest public acknowledgement so far that the change of leadership could affect the final shape of settlement reform. Given Andy Burnham’s previously stated concerns about changing the rules for people already on a route, this is significant.

4.2 Earned settlement is a new model, not a one-off measure

Bell Ribeiro-Addy MP pointed out that migrants who arrived in 2022 would begin to qualify next year and noted that the Home Secretary had previously said the reforms were targeted at that group. She asked whether the reforms would be implemented by then.

The Home Secretary pushed back on the framing. She said earned settlement “isn’t just for one group” but is “a new model of settlement”, based on contribution and a new set of tests. She argued that because there is little meaningful day-to-day difference between holding ILR and being a British citizen, it is right to reassess the basis on which settlement is granted. She described the current system as “effectively an automatic process based on how long you’ve been here”.

Why this matters: This confirms that the reforms are intended to be permanent and wide-ranging. Even if the government softens the impact on people already in the UK, future migrants should expect a substantially longer and more conditional path to settlement.

4.3 The timetable: “later this year”, before February 2027

The Home Secretary acknowledged that a large group of people who arrived in 2022 would, absent any change, qualify in February 2027. She said the government would set out the new policy “later this year”, taking into account the consultation responses and any transitional arrangements.

When pressed on timing, she declined to give a specific date, saying she did not want to “overspeak for the government grid”. She explained the delay in three ways:

• the consultation received more responses than expected;
• the analysis of those responses, and the modelling underpinning the policy, took longer than planned; and
• there has since been a change of government.

She committed that the announcement would come “in good time before” the first cohort of 2022 arrivals becomes eligible.

Why this matters: The government has effectively set itself a deadline. If it wants new rules to apply to people qualifying from February 2027, it needs to announce the policy and lay rules before then. That points strongly to an announcement in the final months of 2026.

4.4 The rules at the date of application

When asked how much notice people would get, the Home Secretary made the same legal point three times. She said it “remains a case that the rules that apply to you are the rules that are in force at the point of your application, not when you arrived in the country”. She described this as a “long settled principle” established by both the Court of Appeal and the House of Lords.

She also noted that the Immigration Rules are changed twice a year, “almost automatically”.

Why this matters: The Home Secretary did not use the word “retrospective” at any point in the session. However, this principle is exactly what would allow new rules to apply to people who arrived expecting a five-year route. The government’s legal position has not changed, even if its political language has softened.

4.5 Transitional protections: a range of options, including five-year passporting

This was the most important exchange of the session.

Asked specifically what transitional protections would exist, especially for people without a clear cut-off date who fear falling through the gaps, the Home Secretary said transitional protections were something the government “specifically consulted on”. She said there was “a range of different options available”, from “passporting certain cohorts through, so no change, and they still qualify at five years”, to “different options for what you might do with other cohorts over a longer period”.

She described this as “policy to be settled” and said she would inform the House of Commons once a decision had been made.

Why this matters: Earlier in 2026, the government’s public messaging was that the new rules would apply to everyone who had not obtained settlement when the rules changed. Openly identifying five-year passporting for certain groups as a real option is a clear change in tone. Her wording, referring to “certain cohorts” on one hand and “other cohorts” on the other, also strongly suggests that different groups could be treated differently.

4.6 The changes will pass “in the normal way”

The Home Secretary said the policy would be announced to Parliament and would “pass in the normal way”, with the Home Office making sure the rules are clear and publicised.

Why this matters: Changes to qualifying periods are normally made through a Statement of Changes to the Immigration Rules. These are laid before Parliament and usually take effect without a full vote unless MPs or peers actively object. This means the core change could happen relatively quickly once decided. However, some related proposals, such as removing access to public funds from people with ILR, were said by the Home Secretary in February to require primary legislation.

4.7 “A highly informed cohort”

In response to concerns about whether affected people would be aware of the changes, the Home Secretary repeatedly described them as “a highly informed cohort” who “know their rules very well”. She drew on her experience as a constituency MP to say that people find out very quickly what rules apply to them.

Why this matters: This suggests the government does not currently plan a lengthy notice period or major awareness campaign beyond the normal publication of rule changes. People should not assume they will receive individual notification or a long lead-in period.

4.8 Uncertainty and integration

Lewis Atkinson MP described a family he had met who felt unable to put down roots because they did not know whether, in a few months’ time, they would need to find another visa-sponsored job despite having been in the UK for five years. He asked whether that uncertainty was damaging integration.

The Home Secretary replied, “I don’t think so.” She argued that reasonable people, whether citizens or new arrivals, understand that the government must be able to review migration policy when numbers are higher than anticipated, and must be fair both to those who have arrived and to those already here.

She accepted that many people are wondering which rules will apply to them. She said some people, including from the affected cohort, had suggested alternatives such as delaying access to benefits for longer. She said the government had engaged widely on transitional arrangements and their knock-on effects, and was trying to strike the right balance between:

• “our responsibilities to people who’ve come here to work”;
• “our recognition of the failures that we inherited as a government”; and
• “our need to do right by the people who are already here who pay for the systems that we all rely on”.

Why this matters: The Home Secretary acknowledged the anxiety but did not accept that it causes harm. Her reference to the idea of delaying access to benefits is worth noting. It suggests that separating settlement from access to public funds remains a live option, possibly as an alternative or complement to a longer qualifying period for some groups.

4.9 The care sector remains in focus

At the end of the regular migration section, the Committee’s Chair said the Committee’s public workshops showed strong support for prioritising training for UK residents before recruiting from overseas. The Home Secretary agreed, and said that in the care sector there had been “a degradation in terms and conditions and a reliance on overseas labour”.

Why this matters: Care workers who arrived on the Health and Care Worker route between 2022 and 2024 were the group most directly targeted by the 15-year proposal. Nothing in this session suggests that focus has changed.

5. Other announcements from the session that affect migrants

While settlement was the headline issue, the Home Secretary made several other statements relevant to migrants and their families.

Family reunion for refugees remains suspended

The Home Secretary confirmed that the specific refugee family reunion route, which had no fees, no English language requirement and no minimum income requirement, remains suspended. She said the government wants to rationalise the roughly 30 different family migration routes into a more coherent system where more of the same rules apply to everyone. She expects to say more about family migration policy “in the early part of next year”, but gave no timeline for ending the suspension.

The minimum income requirement is under review

Asked how the government arrived at the current £29,000 minimum income requirement for partner visas, when the Migration Advisory Committee had suggested a range of roughly £21,000 to £28,000, the Home Secretary confirmed the £29,000 figure was inherited from the previous government. She said the MAC’s findings will feed into the wider family migration review, including whether there should be an income threshold at all, how high it should be and how it should be calculated. No decision has yet been made.

Article 8 reforms through the immigration bill

The Home Secretary said the immigration bill, which has had its second reading, will reform how Article 8 of the European Convention on Human Rights (the right to respect for private and family life) applies in immigration cases, including a narrower definition of family and new legal presumptions.

Child citizenship registration fees

The Committee raised its earlier recommendation that child citizenship registration fees be reduced to cost recovery. The Home Secretary confirmed that looked-after children pay no fees, but said she is comfortable with the principle that other children pay fees that contribute to the wider cost of the immigration system. She committed to respond to the Committee’s outstanding report.

International students

The Home Secretary said she is not seeking to reduce overall international student numbers. Her concern is the number of students who claim asylum at the end of their visa. She said the government will have “more to say about abuse of the student route” and has higher expectations of universities as sponsors.

Refugees and the work and study route

The Home Secretary said the first refugees affected by the new 30-month protection review, who may move into the new work and study route, will reach that point in autumn 2028. Policy on how that route will work is still being developed.

Channel crossings and asylum

On irregular migration, the Home Secretary said small boat crossings were around 40% lower this year than last. She confirmed a new three-year agreement with France worth £662 million, said the “one in, one out” pilot with France had been extended into October, and said the Home Office will move towards large and medium-sized sites for asylum accommodation as hotels are closed.

6. Reading between the lines: tone and political context

What a minister does not say can be as revealing as what she does.

A more cautious Home Secretary

Compared with her statements earlier in 2026, the Home Secretary’s language on settlement was noticeably more guarded. She did not use the word “retrospective”. She did not repeat earlier estimates of the cost to the public finances of the 2022 to 2024 cohort settling. She made no firm commitment about who would or would not be affected. At the same time, she firmly defended the principle of earned settlement and the government’s right to change the rules.

A committee focused on fairness

The questions from MPs concentrated on certainty, notice periods, the lack of a cut-off date and the impact of prolonged uncertainty on families. No member pressed the Home Secretary to go further or faster. This reflects a wider pattern: the Commons Home Affairs Committee’s March report warned that it is more important to get changes right than to implement them quickly.

A new Prime Minister

The most important context is the change of leadership. The Home Secretary’s reappointment signals that the earned settlement programme will continue, but Burnham’s concerns about retrospective change may affect the transitional arrangements. The careful wording in this session, particularly the reference to passporting certain cohorts, is consistent with a policy being actively negotiated between the Home Office and Downing Street.

Our overall reading

The principle of earned settlement is secure. The detail, especially how it will apply to people already in the UK, is not.

7. The legal question: can the rules change for people already here?

Many of our clients ask whether it is lawful for the government to change the qualifying period for people who came to the UK expecting a five-year route. This section explains the legal background in general terms. It is not advice on any individual case.

The government’s position

The Home Secretary’s references to the Court of Appeal and the House of Lords reflect a well-established principle. In Odelola v Secretary of State for the Home Department [2009] UKHL 25, the House of Lords held that an immigration application is generally decided under the rules in force when the decision is made, unless the rules themselves provide otherwise. The government’s argument is that because no one has yet been granted ILR under the five-year route, no right to settlement has vested, and the rules can therefore change.

The counter-argument

Critics argue that people made life-changing decisions, such as relocating families, selling property and turning down other opportunities, based on published rules and government guidance promising a five-year route. They say changing the rules midway breaches the principle of legitimate expectation and is disproportionate.

There is precedent for this argument. In R (HSMP Forum Ltd) v Secretary of State for the Home Department [2008] EWHC 664 (Admin), the High Court found that changes to the Highly Skilled Migrant Programme could not lawfully be applied to people already on the scheme, because of the specific representations made to them about how the scheme would operate. The government later introduced transitional arrangements for that group.

Parliamentary views

Both parliamentary committees that have examined the reforms raised serious concerns about retrospective application. The House of Lords Justice and Home Affairs Committee described retrospective changes as manifestly unfair, and the Commons Home Affairs Committee has also raised concerns.

What this means in practice

Whether any final rules are lawful will depend on their precise wording, the transitional arrangements included and how they apply to particular groups. That cannot be assessed until the rules are published. What is clear is that the government has prepared a legal justification, and that transitional protections are likely to be central to any future legal debate.

8. What we expect to happen next

The following is our professional assessment based on the evidence session and other public statements. It is not government policy, and the final position may be different.

Likely timeline

Our expectations on substance

The earned settlement model will go ahead. Nothing in the session suggests the ten-year baseline or the contribution-based approach will be abandoned for future migrants.

Blanket application to everyone already in the UK is less likely than it was earlier this year. The Home Secretary’s reference to passporting certain cohorts, combined with the Prime Minister’s known concerns, suggests some form of transitional protection is now more likely.

Different groups are likely to be treated differently. Possible dividing lines could include how close someone is to qualifying, the date they arrived, their salary or skill level, or their visa route. We would expect people who are close to qualifying, or who are in graduate-level roles, to have a better chance of protection than others.

Lower-skilled workers who arrived between 2022 and 2024, especially in care, remain most at risk of a longer route. This is the group the government has repeatedly identified as its main concern, and the Home Secretary’s comments on the care sector reinforce that.

Alternatives to longer qualifying periods may feature. The Home Secretary’s reference to delaying access to benefits suggests the government may consider separating settlement from access to public funds for some groups.

Notice may be limited. The Home Secretary’s comments suggest the government sees the normal process of publishing rule changes as sufficient notice.

9. Who is most and least likely to be affected

This section is based on the consultation proposals and our assessment. It is a general guide only.

Very unlikely to be affected

• People who already hold ILR or British citizenship.
• People with settled or pre-settled status under the EU Settlement Scheme.
• People covered by the Windrush arrangements.

Likely to be treated more favourably

• Partners and dependants of British citizens, whom the consultation identified as having a strong attachment to the UK.
• BN(O) status holders from Hong Kong.
• High earners, and people on Global Talent or Innovator Founder routes.
• People in graduate-level public service roles.
• People who are very close to qualifying when the rules change, if the transitional arrangements are based on proximity to the qualifying date.

Most at risk of a longer route

• Health and Care Worker visa holders and other workers sponsored in roles below RQF Level 6.
• Dependants who may be required to earn settlement separately.
• People who have received public funds during their route.
• People with past immigration breaches, such as overstaying.
• Refugees who remain on core protection.

Uncertain

• Skilled Workers in graduate-level roles earning below £50,270, who would face a ten-year baseline under the consultation proposals unless protected by transitional arrangements.
• People who arrived in 2023 and 2024, who have more time before qualifying and may fall outside any protection based on proximity to the qualifying date.

10. Illustrative examples

These examples use the figures proposed in the consultation to show how the model could work. They are purely illustrative. The final rules and transitional arrangements are not yet known, and outcomes could be very different.

Example 1: A software engineer on the Skilled Worker route. Priya arrived in March 2022 and has earned over £60,000 a year throughout. Under the current rules she would qualify in March 2027. Under the consultation proposals, her earnings above £50,270 for three years would give her a five-year route, so her position might not change. However, she would need to meet the new suitability and B2 English requirements, and her partner might need to qualify separately.

Example 2: A senior care worker. Emmanuel arrived in April 2022 on the Health and Care Worker visa in a role below RQF Level 6. Under the current rules he would qualify in April 2027. Under the consultation proposals, he could face a 15-year baseline and would not benefit from the public service reduction. Whether he is protected depends entirely on the transitional arrangements, which is why this group is the focus of so much concern.

Example 3: A graduate-level employee earning a moderate salary. Ahmed arrived in September 2023 on the Skilled Worker route in a graduate-level role earning £38,000. Under the current rules he would qualify in September 2028. Under the consultation proposals, he would face the ten-year baseline, potentially reduced by one year for advanced English. He is further from qualifying, so he may be less likely to benefit from any protection based on how close someone is to their qualifying date.

Example 4: A family. Maria is a Skilled Worker and her husband and two children are her dependants. Under the current rules the whole family would qualify together. Under the consultation proposals, each family member might need to earn settlement in their own right, potentially leaving family members on different timelines. The final treatment of dependants is still subject to decision.

11. Practical steps for individuals and families

Until the final rules are published, nobody can tell you with certainty how they will affect your case. However, there is a great deal you can do now to put yourself in the strongest possible position.

Calculate your exact qualifying date

Work out precisely when you will complete your continuous qualifying period under the current rules. Check the start date of your first qualifying visa, any switches between routes, and whether all your time counts. For many routes, you can apply up to 28 days before completing your qualifying period. Because the rules at the date of application apply, knowing your earliest possible application date is essential.

Prepare your application now

If you expect to qualify in 2026 or 2027, do not wait. Gather your documents now so you are ready to apply as soon as you are eligible. This typically includes passports and biometric residence permits or eVisa records, payslips and P60s, employer letters, evidence of absences from the UK, and your Life in the UK Test and English language evidence.

Check your absences from the UK

Continuous residence rules limit how long you can spend outside the UK. Keep a clear, accurate record of all trips abroad with dates and supporting evidence such as travel tickets. Where you can, avoid long trips abroad before you apply.

Take the Life in the UK Test early

The Life in the UK Test is required for most ILR applications. There is no reason to leave it until the last minute, and having it done removes one potential delay.

Plan for the English language requirement

The B2 English requirement for ILR is due to take effect on 26 March 2027. If you are likely to apply after that date and do not already hold qualifying evidence at B2 level, start preparing now. Under the consultation proposals, a higher level of English could also shorten your route.

Maintain continuous lawful status

Make sure every visa extension is submitted before your current permission expires. Even a short gap can have serious consequences, and under the proposals, overstaying could add significantly to your qualifying period.

Keep excellent records of your contribution

Under an earned settlement model, evidence of your economic and social contribution is likely to become more important. Keep payslips, P60s, tax returns, HMRC records and National Insurance statements. If you volunteer, keep records of that too, including letters from the organisations you volunteer with.

Resolve any debts to public bodies

Unpaid NHS charges, overpayments or other debts to public bodies can affect suitability under the current rules and are likely to become even more important under the proposed model.

Be careful with public funds

Most people on work routes have a “no recourse to public funds” condition. Make sure you understand what counts as public funds and do not claim anything you are not entitled to. Under the consultation proposals, claiming public funds could add five or ten years to your route.

Check whether another route may be better for you

Depending on your circumstances, you may be eligible for settlement through a different route, such as a partner route, Global Talent or long residence. Switching routes can have both advantages and risks, so take advice before making any decision.

Think about your family

If you have dependants, consider how the proposed changes could affect each of them. Check their continuous residence, their English language position and their documents separately from your own.

Do not rely on rumours or social media

A great deal of inaccurate information about earned settlement is circulating online, including claims about fixed deadlines and guaranteed outcomes that have no official basis. Rely on GOV.UK, official parliamentary publications and regulated advisers.

Stay alert for the announcement

When the government announces its final policy, the details of the transitional arrangements will matter enormously. Be ready to act quickly once the rules are published.

12. Guidance for employers and sponsors

Earned settlement will affect employers as well as individual migrants, especially in sectors that rely on sponsored workers.

Audit your sponsored workforce

Identify every sponsored worker and their dependants, their visa start dates, their expected qualifying dates under the current rules, and their role’s RQF skill level and salary. This will allow you to quickly assess your exposure once the final rules are published.

Assess retention risk

Sponsored workers who face a much longer route to settlement may decide to leave the UK or move to an employer or country offering greater security. Under longer routes, workers would remain dependent on sponsorship for more years, which increases both costs and responsibilities for employers.

Review your sponsorship costs

A longer qualifying period means more visa extensions, more Certificates of Sponsorship and more Immigration Skills Charge payments over the lifetime of each worker. Build this into workforce and financial planning.

Pay particular attention if you are in social care

The consultation’s 15-year proposal would have the greatest impact on the care sector. The Commons Home Affairs Committee warned that a 15-year route could lead care workers to leave the sector, increasing vacancies. Care employers should plan now for different scenarios.

Communicate with your employees

Your sponsored workers are likely to be anxious. Clear, accurate communication, and signposting to regulated immigration advice, can help retention and wellbeing. Avoid making promises about outcomes that no one can yet guarantee.

Keep your sponsor compliance in order

Sponsor duties, right to work checks and Home Office enforcement continue regardless of settlement reform. An expanded right to work scheme is also due to take effect on 1 October 2026. A compliance problem could affect both your licence and your workers’ applications.

Consider salary and role structures carefully

Under the consultation proposals, salary thresholds such as £50,270 could shorten a worker’s route. Any changes to pay or job descriptions must reflect genuine roles and comply fully with sponsorship rules. Take advice before making changes connected to immigration status.

13. Frequently asked questions

Has the five-year ILR route been abolished?

No. As of 16 September 2026, the five-year route remains in force. No Immigration Rules changing the qualifying period have been laid before Parliament.

When will the changes happen?

The Home Secretary said the policy will be announced “later this year” and in good time before February 2027. The exact date the new rules take effect will be set out when they are published.

Will the new rules apply to me if I am already in the UK?

This has not been decided. The government’s legal position is that the rules in force at the date of application apply. However, the Home Secretary confirmed that transitional protections, including passporting certain groups through at five years, are being considered.

I will reach five years before the new rules take effect. Am I safe?

If you apply under the current rules before any change takes effect and meet all the requirements, your application should normally be decided under the current rules, unless the new rules state otherwise. This is why knowing your qualifying date and being ready to apply promptly is so important.

Can I apply for ILR early to beat the changes?

You cannot apply before you are eligible. For many routes, you can submit an application up to 28 days before completing your qualifying period. You should not apply before you are eligible, as the application is likely to be refused and you may lose the fee.

Will I get advance notice of the changes?

The Home Secretary indicated that changes will be publicised in the normal way. Immigration Rules changes are usually published a short period before they take effect. You should not assume you will receive a long notice period or any individual notification.

Does this affect my partner and children?

Under the consultation proposals, dependants might need to earn settlement separately. The final position on dependants has not been announced.

Does this affect EU Settlement Scheme status?

The government has indicated that people with settled or pre-settled status under the EU Settlement Scheme will not be affected.

Does this affect British citizenship applications?

Earned settlement concerns ILR. However, because ILR is usually needed before applying for naturalisation, a longer route to ILR also means a longer route to citizenship for most people.

I am on a Health and Care Worker visa. What should I do?

Your group is most directly targeted by the proposals. Calculate your qualifying date, prepare your application now, and seek advice as soon as the final rules are published.

Should I switch to a different visa route?

Possibly, but not without advice. Switching routes can reset or affect your qualifying period. The right answer depends on your individual circumstances.

Is the government’s approach lawful?

That depends on the final rules and transitional arrangements, which have not yet been published. The legal debate is summarised in Section 7 above.

Where can I find reliable updates?

Official sources include GOV.UK and the UK Parliament website. We will also publish updates on our website as soon as the government announces its final policy.

14. How Wesbridge Associates can help

Wesbridge Associates is a regulated UK immigration advisory practice. We advise individuals, families and employers on Skilled Worker sponsorship, settlement, Global Talent, Innovator Founder and family routes.

We are following the earned settlement reforms closely and will publish a detailed update as soon as the government announces its final policy or lays new Immigration Rules.

For individuals and families, we can:

• calculate your qualifying date and check your continuous residence;
• review your eligibility under the current rules;
• prepare and check your ILR application so it is ready to submit as soon as you are eligible;
• assess your English language and Life in the UK Test position; and
• advise you on how the final rules affect you once they are published.

For employers, we can:

• audit your sponsored workforce and identify workers approaching settlement;
• assess your exposure to longer settlement routes;
• review your sponsor compliance; and
• help you plan for recruitment and retention under the new system.

If you expect to qualify for ILR in the next 18 months, or you are an employer with sponsored workers who may be affected, contact us to book a consultation.

Wesbridge Associates Limited
Level 30, The Leadenhall Building
122 Leadenhall Street
London, EC3V 4AB

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Important information: This article reflects the position as at 16 September 2026. It is based on our review of the Home Secretary’s oral evidence to the House of Commons Home Affairs Committee on 15 September 2026, the government’s earned settlement consultation, parliamentary reports and other public statements. Quotations are taken from the recording of the session and may differ slightly from the official transcript. Proposals described in this article were published for consultation and may change. Our predictions are professional opinion only and do not represent government policy. This article is general information and does not constitute legal advice. Immigration rules and policy change frequently, and you should obtain advice on your individual circumstances before taking any action. Wesbridge Associates Limited is regulated by the Immigration Advice Authority (IAA), Registration No. F202537300. Company No. 16029047.

Reviewed by Wesbridge Associates editorial team on 16 September 2026. We check our published guidance against GOV.UK and current Home Office rules.

Frequently asked questions

Common questions on this topic, answered by our advisers.

Has the five-year ILR route been abolished?

When will the changes happen?

Will the new rules apply to me if I am already in the UK?

I will reach five years before the new rules take effect. Am I safe?

Can I apply for ILR early to beat the changes?

Will I get advance notice of the changes?

Does this affect my partner and children?

Does this affect EU Settlement Scheme status?

Does this affect British citizenship applications?

I am on a Health and Care Worker visa. What should I do?

Should I switch to a different visa route?

Is the government’s approach lawful?

What is the proposed standard settlement period?

Could workers below graduate level face a longer route?

When is the B2 English requirement due to begin?

Could earnings shorten the proposed route?

Where can I find reliable updates?