New settlement rules: What do they mean for you?

A simple guide for migrants, refugees and people seeking asylum

The Government has announced major changes to how people can settle permanently in the UK. The new system is called Earned Settlement.

We understand that these changes may be worrying, particularly if you are already working towards settlement or have lived in the UK for many years. This guide explains what has been announced, who could be affected and what you need to know. It is designed for the people we work most closely with: those in the asylum system; with recognised refugee status; or on the 5 and 10-year family and private life routes.

Important: Some details are still unclear. The Government has not yet explained exactly how all the changes will apply to people who are already in the UK. We will be regularly updating this page as more information is disclosed.

1. What is changing?

Under the new system:

• 10 years will become the standard time most people need to wait before applying for settlement (Indefinite Leave to Remain or ILR).
• Some people may qualify sooner, after 3 or 5 years.
  Others may have to wait 20 years or a longer period of 30 years.
• You will need to meet new requirements around earnings, English language, good character and government debt.
• Simply living in the UK for a certain number of years will no longer be enough.

2. How long will you have to wait?

The Government has announced different qualifying periods depending on your circumstances.

These are not automatic entitlements. You will also need to meet the other settlement requirements, i.e. passing English and the Life in the UK tests and being assessed as of good character, which primarily means having no criminal record or government debt.

3. What if you are on the family or private life route?

If you are on a family or private life route, including the 10-year route to settlement, the changes could affect you.

Under the new system:

• You will need to complete at least 10 years before applying for settlement. This is unchanged, however time spent on other routes – such as work or study – will no longer count towards your 10 years. This means the entire 10-year period must have been completed on the family and private life route.
• You will not qualify for the shorter three or five-year routes irrespective of your salary.
• You could face a total 20-year wait if you receive public funds or have committed an “immigration breach”. Further details about what constitutes an immigration breach is due to be provided, but current guidance states that this will include “overstaying a visa”.

What if you are already on the 10-year family and private life route?

The Government has suggested that these changes will be applied to people already on a route to settlement, though has been somewhat vague about the family and private life route. It is not yet clear whether the timeframe will be extended from 10 years if you’ve previously overstayed a visa or claimed (whether currently or previously) public funds.

Further details are awaited and we will ensure this page is updated as we know more.

4. What if you are a refugee?

The Government has announced major changes to how refugees can qualify for settlement. The length of your route will depend on how you arrived in the UK.

If you arrived through a designated “safe and legal” route:

• You may qualify for settlement after 5 years. You will need to pass an English test but claiming public funds will not extend the 5-year period.

If you claimed asylum after arriving through another regular route, i.e. entering on a visa:

• If your asylum claim is successful, you will generally receive a status called “Core Protection”.
• You will normally face a 20-year wait before qualifying for settlement.
• If you move onto a new Core Protection “work and study route”, you may be able to qualify after completing 10 years on that route. Time spent on Core Protection before moving to the work and study route will not count towards those 10 years.

If you entered the UK irregularly:

The Government has also announced an additional 10-year penalty for people who entered the UK irregularly. This will mean a 30 year wait for settlement if you never move from Core Protection to the work and study route.

If you arrived irregularly and do move from Core Protection to the work and study route, you will still face a 20-year wait to settlement.

What if you already have refugee status?

The Government has not yet explained exactly how you will be affected but have said that people who claimed asylum before 2 March 2026 will be transferred to Core Protection. We are uncertain if this means refugees on existing 5-year visas will now face extended settlement periods.

5. What other requirements will you need to meet to gain settlement?

The Government has announced five minimum requirements for settlement:

• Good character: The new rules will refuse settlement to people with criminal records.
• No government debt: You must have repaid relevant government debt or be following an agreed repayment plan. For the first time, this will include repaying the government for receiving asylum accommodation, though importantly not everyone will be expected to repay this.
• English language: Most applicants will need B2-level English, a higher standard than before.
  Life in the UK Test: You will need to pass the test, subject to relevant exemptions.
• Contribution: You will generally need to earn at least £12,571 a year for three years. However, this does not necessarily need to be for the immediate 3 years before applying for settlement.

What if you receive public funds?

If you claim public funds during the five years before applying for settlement, you could face a 20-year qualifying period. The Government has not yet confirmed which public funds will count or if this will be applied to people receiving them before these changes were announced.

6. Will children, partners and vulnerable people be affected?

Children will generally be able to settle alongside their parents. Couples who arrived in the UK at the same time as the main applicant may also be able to settle together.

People aged 65 and over, children and people with certain health conditions will be exempt from some requirements, including income and English language requirements.

Further details about these exemptions will follow and we will update this page as information is received.

7. Who won’t be affected?

The Government has said that some groups will retain their existing settlement pathways. These include:

• People who have experienced domestic violence and qualify for settlement under the existing Domestic Violence Concession.
• Bereaved partners who qualify for settlement under the existing Bereaved Partner Concession.
• Unaccompanied children seeking asylum.
• Children in care.
• Some young adults aged 18 to 24 who have grown up in the UK.

8. What should you do now?

We know that these announcements may cause uncertainty, but there are some important things to remember:

• Do not panic. The announcement does not mean you’ll lose your status and there is still time for the Government to amend these plans.
• Do not withdraw an application or change your immigration route without first seeking advice.

We are here to help

We understand how important settlement is for you and your family. We will continue to monitor the Government's announcements and share updates as more information becomes available.

This guide provides general information about the Government's Earned Settlement announcement in November 2026. It is not individual immigration advice. Some details remain unclear and may change when further rules and guidance are published.