Home Secretary Shabana Mahmood has announced the Earned Settlement system: the right to indefinite leave to remain (ILR) in the UK is no longer automatic, and the time it takes to obtain it depends on income, occupation and route of entry. The waiting period can be 3, 5, 10, 20 or 30 years, affecting more than half a million people.

What the government has decided

Mahmood announced the ‘earned’ settlement system in the House of Commons. According to the minister, the right to live in the country permanently should not be automatic — it must be earned.

Before the announcement, the government held a public consultation in which more than 200,000 people took part. 84% opposed the initial proposals. The most common complaint was about unfairness, especially for those already on the path to settlement. The plan was revised as a result.

Five tiers

The timeline depends on how much a person earns, what they do, and how they entered the country.

  • Tier 1, 3 years: income above £125,000, or the global talent and innovator founder routes. According to government figures, such people contribute around 1.5 million in lifetime taxes.
  • Tier 2, 5 years: workers earning above £50,000; public sector workers, doctors, nurses, teachers; care workers who arrived before May 2025 and earn at least £25,000; refugees who arrived via safe and legal routes.
  • Tier 3, 10 years: the new standard. Income below £50,000 and not falling into any of the listed groups. A temporary visa can be extended during this period, but a sustained contribution to the country must be demonstrated.
  • Tier 4, 20 years: receipt of certain benefits, breach of visa rules, or arrival by small boat while working or studying.
  • Tier 5, 30 years: arrival by small boat without working or studying.

Care workers

Under the initial proposals, care workers faced a 15-year wait. This was opposed not only by the public but also by part of the cabinet. According to figures cited in the report, 250,000 people joined or moved into care work between 2022 and 2025, and foreign workers make up a third of the sector in England.

After revision, workers who arrived before May 2025 and earn at least £25,000 keep the 5-year path. Those who failed to meet visa conditions get a second chance: a new 5-year visa. The decision is estimated to affect around 282,000 people.

Shadow Home Secretary Chris Philp called the changes a U-turn. The Liberal Democrats said the policy is falling apart. Mahmood responded by demanding an apology for the Conservatives’ record on migration policy.

What disqualifies someone from settlement

Even on faster routes, four circumstances completely rule out obtaining the status:

  • a criminal record;
  • insufficient English language level;
  • an outstanding debt to the state;
  • failure to pay National Insurance contributions.

Mahmood confirmed that several groups are unaffected by the changes: holders of Hong Kong BN(O) visas, members of the armed forces, people with British connections, and those on legacy routes such as Windrush. Their path remains unchanged.

A queue outside a migration centre building in central London, people with folders and backpacks waiting at the entrance

What to do now

If income is above £50,000, or the person works in healthcare or education, the path does not change: 5 years, with the application filed once the right arises. Care workers who arrived before May 2025 and earn at least £25,000 should make sure their visa conditions are in order.

If income is below £50,000 and the person does not fall into any exempt group, the new timeline will be 10 years. Sponsor licence holders should bear in mind that sponsored workers earning below £50,000 will remain on temporary visas twice as long. Visa renewals, English language level and National Insurance contributions matter already now.