UK Earned Settlement 2025 – What the Consultation Means for ILR, Long Residence and Overstayers
UK Earned Settlement consultation explained: changes to ILR qualifying periods, private life rules, and the 20-year residence route.
Overview
In November 2025, the UK Government launched a public consultation proposing significant changes to settlement rules (Indefinite Leave to Remain – ILR). The proposals introduce a new Earned Settlement model. Under this approach, settlement will depend on lawful residence, contribution to the UK, integration, and good character — rather than simply the length of time spent in the country.
This consultation represents one of the most substantial reforms to UK immigration law in recent decades.
Key Proposed Changes
Current RulesProposed Earned Settlement Model
Many visa holders qualify for ILR after 5 yearsStandard qualifying period increased to 10 years
Long residence / private life routes (including 20-year rule) can lead to settlementLong residence/time-based routes abolished
Settlement may be granted based on time and strong private lifeTime alone will not provide a route to settlement
Some overstayers can apply based on long residenceOverstayers may face much longer qualifying periods (potentially 30 years)
Who Will Be Most Affected
• People relying on the long-residence route, including the 20-year rule
• Overstayers and individuals without lawful status
• Low-paid workers with limited tax or NI records
• Applicants expecting settlement automatically after 5 years
• Those with previous immigration breaches
Under the proposals, these groups may find settlement more difficult or delayed.
Timeline
• Consultation opened: 20 November 2025
• Consultation set to close: 12 February 2026
• Implementation expected to begin in stages from April 2026
Individuals close to qualifying under existing settlement routes are advised to take action promptly and seek professional guidance.
Evidence Applicants Should Prepare
• Lawful residence (visa history, status records)
• Employment and financial contribution (payslips, P60s, tax/NI evidence)
• English language ability and civic integration
• Community involvement or voluntary work
• Clean criminal record and good character
Documents covering these areas should be organised early.
Frequently Asked Questions
Will the 20-year private life route still exist?
Under the proposals, the current form of this route would be removed. Time in the UK alone would no longer create an automatic pathway to settlement.
Will people with ILR lose their settled status?
No. Those who already hold ILR will retain it.
What happens to overstayers?
Overstaying will weigh more heavily against applicants. Those with unlawful residence could face significantly longer qualifying periods.
Are final rules confirmed?
Not yet. The Government must review consultation feedback before finalising amendments to the Immigration Rules.
Summary
The Earned Settlement consultation signals a shift away from time-based methods of achieving ILR. Anyone currently in the UK who expects to qualify for settlement soon — particularly through long residence or private life — should ensure they understand how these proposals might change their eligibility.
We will update this page when official guidance is finalised.
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