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Guides

Old ILR rules vs new Earned Settlement rules

A clear comparison of what changes for indefinite leave to remain, topic by topic.

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

Side-by-side comparison

TopicCurrent rulesEarned Settlement
Standard qualifying periodUsually 5 years on most work and family routes10 years by default, from 3 to 20 depending on contribution and record
High earnersSame period as everyone else on the route3 years at £125,141+, 5 years at £50,271+, on the high-talent routes
Lower-skilled workers5 years on Skilled Worker10 years (15 years was proposed then dropped)
EnglishB1B2
Criminal recordLonger sentences normally lead to refusal, with discretion for lesser offencesAny adult criminal record in the UK leads to refusal
Government debtCan lead to refusalAll NHS, tax, National Insurance and Home Office debt must be cleared
Public fundsMost routes restrict access but past use has no common settlement penaltyClaiming in the last 5 years means a 20-year pathway
Long Residence10 years of continuous lawful residence on almost any routeRoute closes
Temporary routesCan count towards Long ResidenceDo not count towards settlement
VolunteeringNot a factorProposed as a way to shorten the wait, then dropped
Partners of British citizens5 years5 years (British connection)
Partners of settled people5 years10 years by default
Couples’ incomeNot applicable to settlementCouples can combine to meet £25,142
Existing care workers5 yearsStill 5 years if they joined before 12 May 2025 and meet the £25,000 salary rules

What stays the same

  • The Life in the UK test remains, with the same exemptions, though it is being reviewed.
  • Children under 18 can still settle with their parents.
  • Hong Kong BN(O), Afghan schemes, the Armed Forces, bereaved partners and victims of domestic abuse keep their own arrangements.
  • The EU Settlement Scheme is unaffected.

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

Check my pathway

What is still to be confirmed

The start date, the exact list of public funds that count, safeguards for vulnerable groups, the Highest Talent Group and the treatment of Leave Outside the Rules are all due in later guidance.

Questions and answers

Will the new rules apply to people already in the UK?

The framework is intended to apply to people who have not yet settled, with transitional protection for some existing groups such as care workers who joined before 12 May 2025. Detail is expected in guidance.

Should I apply under the old rules now?

If you are already eligible under the current rules, speak to a regulated adviser about whether applying before the change is right for you.

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.