Should eligible individuals apply for Indefinite Leave to Remain sooner rather than later?

What could “Earned Settlement” mean for future applicants?

Individuals who relocated to the United Kingdom several years ago may now be considering whether they can settle in the UK permanently. In May 2025, the Government published a white paper confirming its intention to replace certain standard settlement routes with a new “Earned Settlement” system.

The phrase “Earned Settlement” reflects the Government’s proposed approach: settlement would be linked more closely to an applicant’s contribution to the UK, as well as to compliance with specified eligibility requirements. Although the detailed Immigration Rules have not yet been published, the proposed baseline criteria include:

• no criminal convictions;
• annual earnings above £12,570 for a period of at least three to five years, or an alternative qualifying income threshold; and
• a higher English language requirement, increasing from level B1 to level B2.

Compared with the current settlement framework, the proposed baseline criteria indicate a move towards stricter requirements for those seeking to remain in the UK permanently. The Government has suggested that certain exemptions may apply, including in relation to the earnings requirement for individuals on maternity leave or those with a long-term disability. However, unless and until the final rules are published, applicants cannot know with certainty how these criteria will be applied in practice.

Could the new system reduce the qualifying period for some applicants?

Although the proposals may lengthen the route to settlement for some applicants, they may also reduce the qualifying period for others. Under the proposed framework, certain applicants may be able to qualify for settlement sooner where they meet specified contribution-based criteria.

What are the practical implications for applicants?

These changes have not yet been implemented and should be treated as proposals only. The existing Indefinite Leave to Remain rules therefore remain in force. However, the proposals may have important implications for future applicants, including:

• longer waiting periods for some standard ILR applicants;
• additional evidential requirements relating to earnings, English language ability and wider contribution to the UK; and
• shorter qualifying periods for certain high-contribution migrants, potentially reducing the continuous residence period to as little as three years.

Eligible individuals may therefore wish to assess their current position at an early stage. Where an applicant already meets the requirements for ILR under the existing rules, it may be prudent to consider whether to apply before any new rules are introduced. This is particularly important because future reforms may affect qualifying periods, eligibility criteria and the documents required in support of an application.

Gherson Insight

The proposed Earned Settlement reforms represent a potentially significant change to the UK’s settlement framework. While the final Immigration Rules have not yet been published, the proposals suggest a move towards a more contribution-based system, with greater emphasis on earnings, English language ability and wider participation in UK society. Importantly, the current Indefinite Leave to Remain (ILR) rules remain in force. Individuals who are already eligible, or approaching eligibility, may therefore wish to assess their position carefully and consider whether applying under the existing rules is appropriate before any future reforms are introduced.

How Gherson can help

Whether you are seeking clarity on your current immigration status, considering potential visa or nationality routes, or dealing with a complex refusal, Gherson has extensive experience advising on appropriate UK immigration pathways.

Our services include:

• assessing your objectives and personal circumstances to identify the most suitable visa or settlement route, including long-term settlement considerations;
• advising on eligibility for Indefinite Leave to Remain under the current Immigration Rules;
• reviewing how proposed settlement reforms may affect your future immigration strategy;
• assisting with the preparation and submission of applications, including the collection and review of supporting documentation; and
• ensuring applications are prepared in accordance with relevant Home Office requirements.

Frequently Asked Questions

What is the proposed Earned Settlement system?

The proposed Earned Settlement system is a planned reform that would replace certain standard settlement routes with a framework that links settlement eligibility more closely to an individual’s contribution to the UK and compliance with specified requirements.

What are the proposed baseline requirements for Earned Settlement?

The Government has proposed that applicants may need to demonstrate no criminal convictions, earnings above a specified threshold for a qualifying period, and a higher level of English language proficiency (B2 instead of B1).

Have the Earned Settlement reforms come into force?

No. The reforms remain proposals and the detailed Immigration Rules have not yet been published. The existing ILR requirements continue to apply.

Could some applicants qualify for settlement sooner under the new system?

Potentially, yes. The proposals suggest that certain individuals, including higher earners, some highly skilled workers, public sector healthcare and teaching professionals, BN(O) visa holders and those who undertake community volunteering, may benefit from reduced qualifying periods.

How might the proposed changes affect future ILR applications?

The reforms could result in longer qualifying periods for some applicants, additional evidence requirements relating to earnings and English language ability, and different eligibility criteria depending on an applicant’s circumstances and contribution to the UK.

Should eligible individuals consider applying for ILR now?

Individuals who already meet the current ILR requirements may wish to review their position at an early stage, as future reforms could alter eligibility criteria, qualifying periods and documentary requirements.

If you are eligible, or may soon become eligible, for Indefinite Leave to Remain, taking advice at an early stage can help you understand your options and plan appropriately before any reforms take effect.

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

This article was first published in 2025 and has been updated in June 2026. 

©Gherson 2026