Earned Settlement Explained: The New 3, 5, 10 and 20-Year ILR Rules (November 2026)
Earned settlement ILR rules explained: the new 3, 5, 10 and 20-year paths, the £50,271 and £125,141 earnings tests, and what is not yet law.
The earned settlement ILR rules announced by the Home Secretary on 2 November 2026 change how long most people must live in the UK before they can apply for indefinite leave to remain (ILR). The standard wait rises from 5 to 10 years, with shorter paths for higher earners, some public service workers and people with a British connection, and longer ones for people with immigration breaches or recent benefit claims.
Announced 2 November 2026. Not yet law. Last updated: 6 November 2026.
This guide explains each path in plain English, what every applicant will need, and what is still unclear. It is based on the government's response to its consultation (CP 1707) and the House of Commons Library's briefing. Sources are listed at the end.
What is earned settlement?
Earned settlement is the government's new framework for ILR, where your contribution, integration and immigration record decide how long you wait, rather than time in the UK alone.
At the moment, most people on work routes such as the Skilled Worker visa can apply for ILR after 5 years. Under earned settlement:
- everyone must meet a set of minimum requirements (no criminal record, no government debt, B2 English, the Life in the UK test and a sustained economic contribution)
- the starting point is 10 years
- you may qualify sooner, after 3 or 5 years, or later, after 20 years, depending on your circumstances
The government received 204,667 responses to its consultation and changed several proposals as a result. For example, it dropped a planned 15-year wait for workers in roles below degree level.
Earning £50,271 or more could keep you on a 5-year path
Browse jobs from Home Office licensed sponsors and check the salary on each role, then check any employer in seconds with our Sponsor Checker.
The new ILR paths at a glance: 3, 5, 10 and 20 years
There will be four main settlement paths, and every one of them also requires the minimum requirements.
| Path | Main ways to qualify | You cannot use this path if |
|---|---|---|
| 3 years | Earned £125,141 or more in 3 of the last 4 years, or hold a qualifying Global Talent or Innovator Founder permission (under review) | You claimed specified public funds in the last 5 years, or committed a qualifying immigration breach |
| 5 years | Earned £50,271 or more in 3 of the last 5 years, or worked 5 years in an eligible public service occupation, or have a British connection | Same as above |
| 10 years | Earned £12,571 or more in 5 of the last 7 years (couples can combine to £25,142) | Same as above |
| 20 years | For people whose immigration breaches or use of public funds rule out an earlier path. The £12,571 earnings test still applies | None |
Source: Table 1 of the government response. Refugees have a separate set of paths, from 5 to 30 years.
The 3-year ILR path: £125,141 and the highest talent routes
The 3-year path is for people earning at least £125,141 a year, the additional rate of income tax, in 3 of the 4 years before applying.
It is also open to people holding a Global Talent or Innovator Founder permission (the "Highest Talent Group"). The government says this part is subject to review once the Migration Advisory Committee reports.
For readers abroad, £125,141 is about ₹1.59 crore or about ₦226 million a year (November 2026 rate).
The 5-year ILR path: £50,271 salary, public service or a British connection
You may still be able to settle after 5 years if you meet one of three tests: higher earnings, eligible public service work or a British connection.
Earning £50,271 or more
The 5-year earnings test is £50,271 a year, the higher rate of income tax, in 3 of the 5 years immediately before you apply. That is about ₹64 lakh or about ₦91 million (November 2026 rate).
The government calls this a "best years" approach: two of those five years can be below the threshold, for example during parental leave or illness. The thresholds are linked to income tax bands, so they will move if the tax thresholds change.
Not yet confirmed: whether couples can combine their earnings to reach £50,271. The government has only confirmed combined earnings for the £12,571 minimum. If you are looking for a better-paid role, browse visa sponsorship jobs and check the stated salary on each one.
Public service in health and education
Workers in eligible health and education occupations on national pay scales, at degree level (RQF 6) or above, keep a 5-year path. The government's list (Annex C) includes:
- doctors, nurses (including mental health and children's nurses) and midwives
- physiotherapists, occupational therapists, speech and language therapists, psychologists, radiographers, paramedics and podiatrists
- pharmacists, dentists and optometrists
- primary, secondary, nursery, further education and special needs teachers, and head teachers
- social workers
Not yet confirmed: whether these roles must be with an NHS or state employer, or whether the same job in a private hospital or independent school also counts. The government describes them as public-sector roles, but its list is by occupation.
Healthcare assistants (nursing auxiliaries) and teaching assistants are not on the permanent list. People in those roles who came to the UK before 12 May 2025 keep a one-off 5-year route; those who came later go on the 10-year path. You can find NHS, health and teaching roles with licensed sponsors on our jobs page.
A British connection
Eligible partners, parents and children of British citizens, and Commonwealth citizens on the UK Ancestry route, keep a 5-year path. This part was not consulted on.
The 10-year ILR path: the new default
The 10-year path is the new starting point for anyone who follows the rules and meets the minimum requirements but does not qualify for a shorter path.
You will need to have earned at least £12,571 a year (about ₹16 lakh or ₦23 million, November 2026 rate) in 5 of the 7 years before applying. Couples can combine their earnings to reach £25,142 between them, so a partner who works part-time while caring for children does not need to meet £12,571 alone.
Children, people aged 65 and over, and people who cannot meet the requirement because of a physical or mental condition are exempt from the earnings test.
Workers in roles below degree level, including many care and hospitality roles, will normally be on this path. The 15-year wait proposed in 2025 for these workers has been dropped.
The 20-year path: immigration breaches and public funds
A 20-year path will apply to people with specified immigration breaches as an adult, or who keep claiming specified public funds.
Immigration breaches will be set out in the rules and include overstaying a visa, breaching a visa condition, using deception in an application and trying to frustrate immigration control. Breaches before the age of 18 do not count.
On public funds, applicants for the 3, 5 and 10-year paths must not have claimed specified public funds in the 5 years before applying. Someone who has claimed can either complete a clean 5-year period or wait until 20 years. The government has not yet said exactly which benefits will count.
Separately, anyone who entered the UK illegally will normally face an extra 10 years on any route.
What every ILR applicant will need under earned settlement
Every applicant, on every path, will need to meet the same minimum requirements, and these cannot be offset by a high salary or public service.
- No criminal record: any criminal record in the UK as an adult, including fines, cautions and community sentences, will lead to refusal.
- No government debt: including NHS debt, unpaid tax and National Insurance contributions, and Home Office litigation debt.
- B2 English: a higher level than today's B1. This is already in the Immigration Rules for many settlement applications made on or after 26 March 2027.
- Life in the UK test: still required, with the usual exemptions.
- Sustained contribution: shown through earnings, as above. The detailed evidence rules have not been published.
We will publish a full ILR checklist under the new rules soon.
Student and Graduate time will no longer count
Time on the Student or Graduate visa will not count towards settlement, and the 10-year Long Residence route will close.
Today, Student and Graduate time can count towards ILR through the Long Residence route. Under earned settlement, your qualifying period starts when you move onto a route that leads to settlement, such as the Skilled Worker visa. If you are on a Graduate visa now, use our Sponsor Checker to find employers who can sponsor you for a Skilled Worker visa.
Care workers and other transitional arrangements
A small number of groups already in the UK keep a 5-year path or extra time under one-off transitional arrangements.
- Care workers who entered or switched into the care worker route before 12 May 2025 keep a 5-year path if they meet the £25,000 salary, sponsorship and employment requirements and the new minimum requirements. Those who do not can apply for a further 5-year Health and Care visa. If your sponsor has lost its licence, check new employers with our Sponsor Checker.
- Lower-paid health and education workers, such as healthcare assistants and teaching assistants on national pay scales, who came before 12 May 2025, keep a 5-year path.
- Skilled Workers who arrived before April 2024 on the lower salary thresholds can keep extending their visas on their current terms until 2035.
Who is outside earned settlement
Some groups keep their existing settlement arrangements, although most will still need to meet the stronger criminality and English requirements.
- People who already have ILR. The government has said it will not take away settled status from anyone who already has it.
- The EU Settlement Scheme and Windrush cases.
- Hong Kong BN(O) visa holders, who keep a 5-year path.
- HM Armed Forces personnel, their partners and children.
- Afghan resettlement schemes, bereaved partners and victims of domestic abuse.
When will the new ILR rules start?
The new ILR rules are not in force yet, and you can still apply under the current rules until they change.
The Home Secretary told MPs that changes to the Immigration Rules would start to be published in December 2026 and come into force over the course of 2027. The government says it will publish further guidance and a full impact assessment before the changes take effect. We will update this guide when the Statement of Changes is published.
What to do now
The most useful steps now are practical, not drastic.
- Work out your likely path using the table above, but remember the details can still change.
- Keep evidence of your earnings, such as P60s and payslips, for every tax year.
- Keep your immigration record clean: apply to extend in good time and stick to your visa conditions.
- Check your employer is a licensed sponsor with our Sponsor Checker, especially before changing jobs.
- Looking for a role at the £50,271 level? Browse visa sponsorship jobs, then prepare your application in minutes with Application Assistant.
If you are already on a Skilled Worker visa, read is the new ILR rule retrospective? next.
Sources
Rupee and naira figures are approximate, using mid-market rates from early November 2026 (about ₹127 and ₦1,807 to the pound).
This is general information, not immigration advice. The new rules are not yet in force. For advice on your situation, speak to a regulated immigration adviser.
Frequently asked questions
Is the 10-year ILR rule law yet?
No. The earned settlement rules were announced on 2 November 2026 but are not yet in the Immigration Rules. The Home Secretary told MPs the rule changes would start to be published in December 2026 and come into force over the course of 2027. Until then, the current rules apply.
Will the new ILR rules apply to people already in the UK?
Yes, in most cases. The government says the rules that apply are those in force when your settlement application is decided. There are transitional arrangements for some care workers, some lower-paid health and education workers, and Skilled Workers who arrived before April 2024. See is the new ILR rule retrospective?.
Will people who already have ILR be affected?
The government has said it will not take away settled status from people who already have it. The changes are about how new settlement applications are decided.
How many years do I need to earn £50,271 for the 5-year path?
Three of the five years immediately before you apply, under the government's "best years" approach. Two of those five years can be below the threshold, for example because of parental leave or illness. Detailed rules have not been published yet.
Can couples combine their earnings for ILR?
Couples can combine earnings to meet the minimum £12,571 requirement, with a household threshold of £25,142. The government has not confirmed whether couples can combine earnings for the £50,271 or £125,141 tests.
Does Graduate visa time count towards ILR under the new rules?
No. Time on the Student and Graduate routes will not count towards settlement, and the 10-year Long Residence route will close.
Do nurses, doctors and teachers keep the 5-year ILR route?
The government says eligible health and education occupations on national pay scales, such as doctors, nurses, midwives, social workers and teachers, will keep a 5-year path if they meet the other requirements. The full list is in Annex C of the government response.
What English level will I need for ILR?
B2. This is already in the Immigration Rules for many settlement applications made on or after 26 March 2027, and earned settlement keeps B2 as the standard. Existing exemptions for age and certain health conditions stay.
Earning £50,271 or more could keep you on a 5-year path
Browse jobs from Home Office licensed sponsors and check the salary on each role, then check any employer in seconds with our Sponsor Checker.
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