Government consultation on extending settlement requirements: What employers and migrants need to know

The Home Office has opened a significant consultation on extending the qualifying period for settlement (Indefinite Leave to Remain) across a wide range of immigration categories. The proposal follows the commitments trailed in the Government’s May 2025 immigration white paper and was accompanied by a statement from the Home Secretary in the House of Commons.

The consultation document, ‘A Fairer Pathway to Settlement: A statement and accompanying consultation on earned settlement’, is open until 11:59pm on 12 February 2026, and the Government has indicated its intention to begin implementing reforms through the April 2026 Statement of Changes.

This article summarises the key proposals , groups who will and will not be affected by the extending settlement requirements, and the potential impact for employers, workers and families.

Who Is Not Affected by the Proposals?

The Government confirms that certain categories will remain outside the scope of the new settlement framework:

1.Spouses, Partners and Dependants of British Citizens and BN(O) Status Holders

The consultation states that those with a “uniquely strong attachment to the UK”, including spouses and dependants of British citizens and Hong Kong BN(O)s, will continue to benefit from existing settlement pathways.

Parents of British citizens on the five-year route are also expected to remain unaffected, though those in the ten-year route may fall under the new framework.

2.EU Settlement Scheme and Windrush

Settled status under the EU Settlement Scheme and grants of settlement under the Windrush Scheme are explicitly excluded from both the consultation and the planned reforms.

3. HM Armed Forces

Although views are sought on whether members of the Armed Forces should benefit from settlement reductions, no changes are proposed to their existing pathway.

4. Those Already Holding Settlement

Individuals who already hold ILR or permanent residence will not be affected.

Who Will Be Affected?

For all other categories—including Skilled Workers, Global Talent, Innovator Founders, and family routes not listed above—the consultation contemplates fundamental restructuring of the settlement landscape.

A central consultation question relates to transitional provisions. Without transitional arrangements, anyone currently in the UK but not yet eligible for settlement could be required to wait significantly longer before applying.

The Home Office proposes that:

“Routes that currently lead to settlement after 5 years continuous stay will cease to do so and will default to a qualifying period of 10 years, except where an earned reduction applies.”

Dependants Assessed Separately

Dependants will no longer automatically follow the qualifying period of the main applicant. Their own attributes—earnings, integration indicators, age and circumstances—may result in shorter or longer qualifying periods.

Changes for Dependant Children

The Government proposes developing an age-linked “cut-off” for children who transition into adulthood while on a dependant visa. Certain mandatory requirements, such as NIC payment history, may be waived up to a defined age.

Impact on Refugees and Those in Protection Routes

The consultation includes proposals affecting resettled refugees and those in “core protection” routes. Initial wording suggested a potential 20-year baseline for some protection routes, with earned reductions available for those moving into work or study pathways.

Although subsequent public commentary suggests that some elements may not apply to refugees, the consultation wording remains unclear. For individuals already in the UK on refugee leave, the lack of clarity regarding transitional protections is highly concerning.

Groups Potentially Facing Disadvantage

The consultation specifically asks whether exemptions should be applied to:

• Bereaved partners
• Victims of domestic abuse
• Children and young adults who grew up in the UK without status
• Adults with long-term care needs

The absence of firm protections for these groups raises important safeguarding issues.

Key Proposals in Detail

1. Removal of the Long Residence Route

The long-established 10-year lawful residence route to ILR (Appendix Long Residence) is proposed to be abolished. The Government states that it will be replaced by an earned-adjustment system based on contribution and integration.

Anyone currently eligible should consider applying as soon as possible, given the potential loss of this important route.

2. A New Baseline: 10 Years for Most Settlement Applications

Regardless of route, the Home Office intends to apply a mandatory 10-year baseline for settlement. From this baseline, reductions or increases may apply based on factors such as:

• Earnings (linked to national pay distributions)
• English language ability
• Volunteering
• Use of public funds
• Periods of overstay

Many of these factors raise clear equality concerns, particularly around gender, disability, caring responsibilities and low-paid essential work sectors.

3. Potential for Very Long Settlement Periods

The proposed multiplier system could, in theory, extend settlement eligibility to extremely long periods. Examples in the consultation imply that some individuals could face overall pathways of 20–30 years, with some calculations suggesting even longer.

This poses significant implications for families, children and those with complex immigration histories.

4. Additional Penalties for Workers in Roles Below RQF Level 6

The Government is considering extending the qualifying period to 15 years for Skilled Workers and Health and Care visa holders in occupations below RQF Level 6.

Health and Care visa holders, in particular, appear to be a primary focus of the proposed reforms.

No Recourse to Public Funds at Settlement

The Home Office is consulting on the possibility of imposing NRPF even at the point of settlement, creating a two-tier ILR system. It remains unclear how individuals facing destitution would be protected.

How Clarkslegal can help

Although framed as “earned settlement”, these proposals represent some of the most far-reaching reforms to ILR in recent decades. The changes would disproportionately impact:

• Migrants in lower-paid but essential roles
• Parents of British children on the 10-year route
• Families with a history of NRPF conditions
• Young people and long-term residents seeking stability

For many, the proposals undermine legitimate expectations formed when choosing to relocate to the UK under published 5-year settlement rules.

Transitional arrangements will be essential to prevent unfairness, increased hardship, and significant additional costs for thousands of families.

Clarkslegal will continue to monitor developments closely and will publish updates as further information becomes available.

If you or your organisation may be affected by these proposals, please contact our immigration team.