Crucial Rule for Everyone Without ILR: The Home Office has confirmed that Earned Settlement rules will apply at the point of application, not the date you first arrived in the UK. If you already hold Indefinite Leave to Remain (ILR) or EU Settled Status, your status will never be removed. However, if you have not yet qualified for ILR before the new rules come into force, your application will be decided under the new 3, 5, 10, or 20-year framework.
Current Legal Status: Command Paper CP 1707 (2 November 2026) sets out confirmed Government policy following consultation. Until a formal Statement of Changes to the Immigration Rules takes effect, applications submitted today are still decided under the existing rules.
Old Rules vs. New Proposed Rules: Master Comparison by Visa Route
Whether you are on a work visa, family visa, student/graduate visa, or humanitarian route, the table below compares how long you wait for ILR under the Old Current Rules versus the New Proposed CP 1707 Rules:
| Visa Category / Cohort | Old / Current ILR Rule | New Proposed Rule (CP 1707) | Key Requirement / Condition |
|---|---|---|---|
| Top Earners (£125,141+) & Global Talent / Innovator | 3 to 5 Years | 3 Years (Fast-Track) | £125,141+ in 3 of last 4 yrs OR Highest Talent Group permission |
| Higher-Earning Skilled Workers (£50,271+) | 5 Years | 5 Years (Unchanged) | Must earn £50,271+ in 3 of the last 5 years before applying |
| Standard Skilled Workers (Earning under £50,271) | 5 Years | 10 Years (+5 Yr Wait) | Default route unless in Annex C role; requires £12,571+ in 5 of 7 yrs |
| Doctors, Nurses, Teachers & Social Workers (Annex C) | 5 Years | 5 Years (Protected) | Exempt from £50,271 test if in an Annex C national pay-scale role for 5 yrs |
| Care Workers & Below RQF 6 Health/Education Staff | 5 Years | 5 Yrs (if £25k+) or 10 Yrs | 5 yrs if earning £25,000+ & met visa rules (pre-May 2025 cohort); others get new 5-yr visa to settle at 10 yrs |
| Spouse / Partner / Child of British Citizen, BN(O), Ancestry & Armed Forces | 5 Years | 5 Years (Protected) | Keep current 5-year pathways; British connection protected |
| Student, Graduate, Youth Mobility & Temporary Visas | Counted toward 10-Yr Long Residence | 0 Years (Stops Counting) | Separate 10-Year Long Residence route closes; temporary visas no longer build ILR residence |
| Migrants with Public Funds Access or Immigration Breaches | 5, 10 or 20 Years | 20 Years Minimum | Accessing public funds in last 5 yrs or breaching rules blocks 3, 5 & 10-yr routes |
| Refugees & Asylum Seekers | 5 Years (Standard) | 5, 10, 20 or 30 Years | 5 yrs for Safe & Legal Resettlement; 20 yrs default (10 yrs if working/studying); +10 yr penalty (up to 30 yrs) for small boat arrivals |
4 Baseline Conditions Changed for Everyone (Old vs. New)
Regardless of when you arrived in the UK or which visa route you hold, every adult applicant must pass four tightened mandatory requirements that cannot be waived by high earnings:
- 1. Criminal Record Threshold: Old Rule: Refusal generally triggered by custodial sentences or a 12-month suspended sentence. New Rule: Spotless UK criminal record required — any custodial or suspended sentence, community sentence, court-imposed fine, conditional caution, or conditional discharge leads to refusal.
- 2. English Language Standard: Old Rule: CEFR Level B1 (GCSE/intermediate equivalent). New Rule: Raised to CEFR Level B2 (A-Level English as a foreign language equivalent), except for Resettlement refugees (A2), children under 18, those aged 65+, or medical exemptions.
- 3. Debt to the Taxpayer: Old Rule: Focused primarily on NHS surcharge/treatment debt over £500 and litigation debt. New Rule: Zero outstanding Government debt across NHS charges, HMRC tax arrears, National Insurance debt, and Home Office litigation costs.
- 4. Sustained Economic & NI Contribution: Old Rule: Only specific work/family routes had salary checks at ILR. New Rule: Universal requirement to prove sustained National Insurance contributions and earn at least £12,571/year for 5 of the last 7 years (or £25,142 combined household income for couples).
Major Shock: Closure of the 10-Year Long Residence Route for Temporary Visas
Under the old rules, someone who came to the UK on a Student visa, switched to a Graduate visa, and then spent time on a Youth Mobility or Skilled Worker visa could combine 10 years of continuous lawful residence on any visas to apply for ILR.
Under Command Paper CP 1707 (page 20), the separate 10-Year Long Residence route will close, and time spent on temporary visas will no longer count toward settlement. The non-qualifying routes are:
- Student and Graduate / High Potential Individual (HPI) visas
- Youth Mobility Scheme, Seasonal Worker, and Temporary Worker routes
- Global Business Mobility and Overseas Domestic Worker routes
- Visitor visas, Ukraine Scheme routes, and Leave Outside the Rules (LOTR)
The Care Worker & Pre-April 2024 Transitional Deal
- Care Workers & Pre-May 2025 Support Staff: Care workers who complied with their visa and earned at least £25,000/year (plus below-RQF 6 NHS/school support staff who arrived before May 2025) keep a 5-year settlement route. Around 25% of care workers who do not meet this will be offered a new 5-year visa to reach settlement at 10 years.
- Pre-April 2024 Skilled Workers Extended to 2035: Because Skilled Workers earning under £50,271 now face a 10-year wait instead of 5 years, the Home Office has extended the pre-April 2024 lower transitional salary rules from 2030 to 2035 so no one is forced to leave.
How Earnings Are Assessed: The "Best Years" Rule
To ensure maternity/parental leave, caring duties, or temporary illness do not unfairly push migrants onto a longer pathway, the Home Office will assess your "best years" prior to applying:
- 3-Year Fast-Track: Earn £125,141+ in 3 of the last 4 years (1 year can dip below).
- 5-Year Pathway: Earn £50,271+ in 3 of the last 5 years (2 years can dip below).
- 10-Year & 20-Year Pathways: Earn £12,571+ (or £25,142 combined couple income) in 5 of the last 7 years (2 years can dip below).
Workers Below RQF Level 6 & The 2024 Cohort
- No 15-Year Penalty for Below RQF 6: Workers in occupations below RQF Level 6 will not face the 15-year pathway floated in the consultation. They qualify through the standard 10-year pathway.
- Pre-April 2024 Cohort Extension to 2035: Because the qualifying period for many workers is now ten years, transitional salary arrangements for the pre-April 2024 Skilled Worker cohort have been extended from 2030 until 2035.
- Health & Education Support Roles: Nursing auxiliaries, teaching assistants, and qualifying care workers (£25,000+ salary) who arrived before the May 2025 Immigration White Paper receive a one-off 5-year settlement route.
Partners and Children
A partner who arrives with the main applicant can settle at the same time, provided they meet the relevant requirements. Eligible couples can combine earnings to meet the minimum contribution test with a household threshold of £25,142 (twice the £12,571 individual figure). Children under 18 settle with their parents and are exempt from the income, debt, English language, and Life in the UK requirements.
Route-by-Route Earned Settlement Guides (CP 1707 Series)
Read our detailed route-specific analyses of Command Paper CP 1707:
- Earned Settlement for Skilled Worker visa holders: the 3, 5 and 10-year pathways
- Earned Settlement for Health and Care Workers: the Annex C divide and care worker transition
- Earned Settlement for Global Talent: three years preserved, but the Highest Talent Group review begins
- Earned Settlement on the Scale-up visa: why sponsored time and unsponsored time face different hurdles
- Earned Settlement: why Temporary Worker routes will no longer lead to settlement
- Student route and Earned Settlement: study time will not count, and Long Residence will close
- Graduate visa and Earned Settlement: the two-year clock that no longer counts towards settlement
Sources & Official References
- GOV.UK: A Fairer Pathway to Settlement — Government response to the consultation, CP 1707 (PDF) — Chapter 1 (pages 7–9), Chapter 2 (pages 10–15), Chapter 4 (pages 18–23), Chapter 5 (pages 24–27), Chapter 8 (pages 37–41), Table 1 (page 42), Annexes A and C
- GOV.UK: Immigration Rules — Statements of Changes
- GOV.UK: Settle in the UK
This is general information, not legal advice. VisaExplain is not a law firm and does not give immigration advice. This page reports a policy response, not a prediction, and is not a basis for delaying or accelerating an application.