On 28 November 2025, the Home Office published its statement and open consultation ‘A Fairer Pathway to Settlement’ (‘the Statement’), which sets out the Home Office’s proposed changes to UK immigration law in respect of obtaining Indefinite Leave to Remain (‘settlement’) in the UK. Whilst some of the proposals are still subject to consultation, meaning there is the potential they could never be enacted, others will come into force at some point, likely within the next year.
What changes will be coming into force?
1 – Increasing the settlement qualifying period to 10 years
This is perhaps the most significant and dramatic of the changes due to be implemented, as it will increase the standard qualifying period for all applicants from 5 years to 10 years. The Statement does not confirm whether there will be transitional provisions for those already on a route to settlement and this is subject to determination. However, it is clear that once this change is enacted, applicants who only meet the basic requirement for settlement will need to spend at least 10 years in the UK before they can settle here.
2 – Financial requirements
Some UK immigration routes, such as the partner or skilled worker routes, already require applicants for settlement to evidence certain levels of income or savings. However, going forward, all[1] applicants for settlement will need to show that they have earned at least £12,570 gross per annum for a minimum of 3 to 5 years (subject to consultation). This is likely to cause issues, particularly for those who may be out of work for reasons such as childcare, long-term sickness or caring, and it is currently unclear what the potential caveats to this requirement might be. What is also unclear is what income sources (e.g. property, pension and other sources) will be permissible in meeting this requirement.
3 – English language requirement
Currently, any applicant applying for settlement must pass an approved English language test to the level B1. However, applicants will now need to pass an English language test at B2 level (which requires approximately 200 additional hours of study compared to B1). This requirement will most likely be obtainable for professionals working in the UK, but is likely to cause difficulties for dependants who, although having a sufficient standard of English to live in the UK, may not be working in a professional setting.
4 – Character, conduct and suitability
Applicants for settlement are already subjected to a suitability assessment based on their prior immigration and criminal history. Although it is unclear as to the precise way in which this suitability assessment will change, the Statement indicates that the threshold for meeting the suitability requirements will be raised. The Statement implies, in particular, that anyone who has a criminal conviction, regardless of severity, could potentially be barred completely from obtaining settlement. The Statement also indicates that further strictures to obtaining settlement may also be introduced where an applicant has specified unpaid debts and taxes.
How can you reduce your qualifying period for settlement?
Although the standard qualifying period will be increased to 10 years. The Statement also sets out proposed ways in which an individual would potentially be able to reduce the time it takes for them to settle in the UK. The statement also sets out factors that may increase the 10 year period, which are dealt with further below. These proposals are subject to consultation and so are potentially subject to change.
- Passing a C1 English language test will give a reduction of 1 year;
- Earning £125,140 or above for 3 years immediately prior to applying for settlement will give a reduction of 7 years;
- Earning £50,270 or above for 3 years immediately prior to applying for settlement will give a reduction of 5 years;
- Working in a specified public service occupation (yet to be defined) will give a reduction of 5 years; and
- Volunteering in the community (yet to be defined) will give a reduction of 3-5 years.
Under the current proposals, applicants will be able to choose only one of the above criteria to reduce their qualifying period and cannot accumulate reductions. The changes are therefore likely to be beneficial for the very highest earning applicants who may be eligible for settlement after only 3 years in the UK. However, for other applicants, the reductions available to them will not provide any tangible benefit (especially if already on a route to settlement) as the 5-year current qualifying period will either continue to apply or they will be subject to a qualifying period of between 7 and 9 years instead.
When the 10-year qualifying period could be increased?
Currently, those who are on human rights-based routes, where they do not fall squarely into the requirements of a specific immigration category, are eligible to obtain settlement after 10 years in the UK. As the standard period is being increased to 10 years, the proposals in the published Statement are that those who do not meet the basic requirements of the rules are subject to an increase in this period of anywhere between 5 and 20 years. This means that some individuals may have to spend 30 years in the UK before being eligible to settle.
The proposals, which are subject to consultation, are that an applicant may have to wait for a further 5 or 10 years to qualify for settlement (so between 15 and 20 years total) if they claim public funds in the UK (dependent on the length of time for which public funds are claimed). Applicants who arrive in the UK “illegally”[2] or as a visitor (before making an application in-country) or who have overstayed their permission by more than 6 months may be required to wait up to 30 years from arrival before qualifying for settlement.
These proposals are particularly concerning with regard to refugees and appear to be at odds with Article 34 of the 1951 Refugee Convention (to which the UK are a signatory). Article 34 explicitly states that contracting states should “as far as possible facilitate the assimilation and naturalisation of refugees. They shall in particular make every effort to expedite naturalisation proceedings”. If a refugee is required to wait 30 years to settle in the UK, then, as the law currently stands, they would be required to wait 31 years before applying to naturalise as a citizen. This can in no way be constructed as an ‘expedition’ of the naturalisation process for refugees.
Dependants
The Statement also proposes that the rules on over 18’s qualifying for settlement as dependants will be tightened. It is unclear currently how this may be implemented, but if, as suggested, this will be done through a strict age cut-off, then this could cause particular issues for young adults over the age of 18 who are in full-time education and still ultimately reliant on their parents.
It is also proposed that adult dependents (e.g. partners) will no longer be able to apply for settlement in line with the main applicant and instead will need to meet the earned settlement criteria in their own right. The Statement somewhat contradicts itself regarding the timeline for adult dependants to obtain settlement, it states on the one hand that dependant applicants may have a qualifying period that is longer or shorter than the individual on which they are dependant but that an adult dependant applicant will continue to be unable to obtain settlement unless the applicant on which they are dependant is also able to qualify. The intention is more likely than not to be that a dependant will continue to be unable to qualify for settlement in the UK prior to the main applicant. However, this has yet to be confirmed.
Who is not impacted?
Partners, children and parents of British citizens, those on the EU Settlement Scheme and British National Overseas routes and His Majesty’s Armed Forces will not be impacted by the proposed changes. The proposal is also that vulnerable groups and Global Talent and Innovator Founder migrants will also not be impacted; however, this is subject to consultation.
Conclusion
Although some of the above proposals are still subject to consultation, it is likely, given the current trajectory of UK immigration law, that the majority of what is set out will be implemented either as currently defined or with some adjustments.
The outlined proposals are significant, but in some cases can be mitigated through advanced consideration of how an individual’s qualifying period could be reduced. Those who are deemed to contribute most to the UK through very high earnings are in a better position than the majority of working professionals and family dependants.
Overall, the significant increase in the requirements to be met and the doubling of the standard qualifying period is likely to deter even high earning economic migrants, especially those wishing to bring family members to the UK with them. Although there is, of course, an argument for ensuring contribution and assimilation amongst those settling in the UK, these requirements are already well established in UK immigration law. Continuing to implement stricter immigration restrictions is likely to further discourage international investment and talent from the UK and it is hoped that following consultation some of the most stringent requirements of the Statement will be watered down. It is likely that we will know more towards the end of the first quarter of 2026.
The Citizenship & Immigration Team at Payne Hicks Beach are following these proposed changes closely and are able to advise and assist you with the options available to you and your family.
For further information, please get in touch with Kathryn Bradbury, Alexandra Lane or Amelia Mercer.
[1] With the potential for some minor exceptions, for example for vulnerable groups
[2] The term illegal is used here as defined by UK immigration law
