ILR Waiting Time Doubled: UK Proposes New "Earned Settlement" Model (Consultation)

The UK Government has published a Command Paper setting out proposals for a new "Earned Settlement" system.

Under these proposals:

• The baseline qualifying period for settlement would rise to 10 years (from 5).
• High earners could reduce their ILR period to 3 years.
• NHS doctors, nurses and other frontline public-service workers could still settle in 5 years.
• Use of public funds could extend the period to 15–20 years.
• Illegal entry, visit-visa misuse or overstaying could extend the period to a maximum of around 30 years.
• Recognised refugees would have a 20-year starting point; resettled refugees a 10-year starting point
• Approximately 2 million migrants who arrived from 2021 onward may ultimately fall within this model, subject to consultation outcomes.
• Existing ILR holders, EUSS settled status holders, Windrush Scheme recipients and care leavers are out of scope.

Indefinite Leave to Remain Qualifying Period Table

Overview

The Government has launched a 12-week consultation on the introduction of an Earned Settlement model. This would represent the biggest shift in UK settlement policy in decades, moving from a time-based approach to one where settlement must be actively earned through contribution, integration and good character.

The proposed framework is based on four pillars: character, integration, contribution and residence. Settlement would no longer be a routine milestone after five years but a privilege that reflects sustained contribution to the UK.

Key Proposals

1. Baseline ILR Period Increased to 10 Years
   Under the proposals, the standard qualifying period would rise from 5 to 10 years for most legal migration routes, including Skilled Worker visas.
2. Reductions for High Contributors and Priority Routes
   Certain categories may receive substantial time reductions:
   • High earners (£125,140+) and Global Talent / Innovator Founder route holders could reduce the period to around 3 years.
   • Higher-rate taxpayers and key frontline public-service workers could reduce it to around 5 years.
   • Integration factors (e.g., English language at a higher level, volunteering) could further reduce time.
3. Extensions for Negative Factors
   • Use of public funds could result in 5- or 10-year extensions depending on duration.
   • Illegal entry, visit-visa misuse or overstaying could trigger extensions of up to 20 years, resulting in a possible maximum requirement of around 30 years.
   • Criminality and failure to meet the good-character requirement may extend the qualifying period on a discretionary basis.
4. Refugees and Protection Pathways
   • Recognised refugees on core protection support would start on a 20-year pathway, with possible reductions if they move onto work or study routes.
   • Resettled refugees brought through official schemes would follow a 10-year baseline.

Who Is Affected

• Migrants already holding ILR or settled status are not affected.
• EUSS settled status, Windrush Scheme grants and children in care/care leaver pathways are expressly out of scope.
• For migrants already in the UK but not yet settled, transitional arrangements will be finalised after consultation.
• The Government's intention is that most migrants who arrived from 2021 onward would fall under the new model once implemented.

Implications

Longer Settlement Journeys for Most Skilled Workers
Most Skilled Worker migrants would face a decade-long path to ILR unless they qualify for reductions.

Opportunities for High-Earning Clients
High earners could benefit from a 3 year ILR period under the proposed model (around three years).

Higher Compliance Obligations
The new model anticipates a broader and more demanding set of criteria, including:

• Sustained employment and salary levels
• Clean criminal record
• Strong English proficiency
• Demonstrated integration (volunteering, community involvement)
• Consistent National Insurance contributions
• Avoidance of public funds

Potential Transitional Uncertainty
Migrants part-way through existing routes may be brought under the new system depending on the transitional framework set after the consultation.

Summary

The Earned Settlement proposals represent a fundamental shift to a more selective, contribution-based system. With a 10-year baseline, possible reductions for exceptional contributors and significant extensions for negative factors, the model would reshape business immigration planning and the long-term expectations of migrants.

Westbridge Business Immigration will continue monitoring the consultation and will issue further guidance as the Government clarifies transitional arrangements, timelines and the final structure of the new system.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.