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Requirements

Government debt and ILR

Owing money to the Government will stop you settling. Here is what counts as debt and what to do about it.

Last reviewed 4 November 2026Based on the Government response CP 1707

The rule

Under Earned Settlement, you cannot settle while you owe money to the UK Government. This is a mandatory requirement for everyone, whatever their pathway.

What counts as Government debt?

  • unpaid NHS charges for treatment
  • unpaid income tax
  • unpaid National Insurance contributions
  • Home Office litigation costs awarded against you
  • asylum support you have been asked to repay

See which pathway applies to you, and your earliest estimated date.

Check my pathway

Asylum support repayments

Where someone has been asked to repay asylum support, keeping to an agreed repayment plan is expected to be taken into account. Detail will follow in guidance.

Who is exempt?

Children under 18 are exempt from the debt requirement.

What to do now

  • Check your HMRC personal tax account for anything outstanding.
  • If you received NHS treatment that was chargeable, check with the hospital whether anything is unpaid.
  • Agree a payment plan early if you cannot pay in full.

Questions and answers

Does student loan debt count?

The response lists NHS, tax, National Insurance and Home Office debts. Whether other debts count will be confirmed in guidance.

Does private debt count?

Private debts, such as credit cards, are not Government debt. They are not part of this requirement.

This is not legal advice. This guide explains the Government’s published proposals for Earned Settlement, which are not yet in force and may change. For advice on your own situation, speak to a regulated immigration adviser or solicitor, or check GOV.UK. Read our full disclaimer.