What the New “Earned Settlement” Proposals Mean for Migrants & Carers
The UK Government has published a consultation proposing major changes to how migrants and refugees qualify for settlement (ILR). The consultation closes on 12 February at 11:59pm. These changes could affect everyone, including people already in the UK on visas.
Here is what the public needs to know
The Rules May Apply to Everyone
The document states that the new rules will apply “as soon as our immigration rules have changed” , even to people already on their visa routes.
This means:
Migrants currently on a 5-year route may suddenly move to 10 years
Refugees may move to 20 years
Care workers may face 15 extra years
Existing progress towards ILR may not be protected unless transitional rules are added
This is why it is critical for migrants to respond to the consultation.
Some Requirements Will Become Much Harder
The government wants to introduce:
Higher English requirements: B1 → B2
Minimum earnings requirements for ILR
Penalties (extra years added) for anyone who has ever claimed benefits — even when it was legal
Removal of the long-residence 10-year route
This will affect:
Care workers
Low-paid sectors
Refugees
Families with children
People who became ill or unemployed
Anyone who accessed lawful public funds during hardship
New “Points” System Can Add or Reduce Years
Your qualifying period could go:
Down if you earn high wages or work in high-skilled jobs
Up if you used public funds, had breaks in visas, or earned below a threshold
But only ONE factor will count, the one with the biggest effect.
Examples:
Salary gives a 5-year reduction → you cannot add extra years from English
Public funds add 10 years → this overrides everything else
The Long-Residence Route Will Be Removed
The familiar route where people qualify for ILR after 10 years of lawful stay will disappear.
Any mixed-time under different visas will now fall under the earned settlement rules, meaning:
Longer waits
More conditions
Possible penalties
This creates uncertainty for anyone close to completing 10 years.
Special Sectors
Care Workers
Could face 15+ additional years before settlement
Despite being invited during COVID
Despite filling critical national shortages
Public Service (Health/Education)
Only workers at RQF Level 6+ using national pay scales may reduce their qualifying period to 5 years.
Most care roles are below RQF 6, meaning no benefit.
Global Talent / Innovator
• Protected and may get up to 7 years reduction.
Dependants Are Also Affected
Adult dependants cannot settle independently of the main applicant
Their own qualifying period may increase or decrease
Consultation will decide:
Whether ILR holders should have no recourse to public funds
What happens to child dependants who turn 18 mid-route
There is no clear protection yet.
Transitional Arrangements Are NOT Finalised
This is the area the public can influence most.
Without transitional protection:
People already in the UK will be pushed onto new, longer routes
Years they have already completed may not count
Families could be trapped in uncertainty for a decade or more
What YOU Can Do Now
Respond to the consultation.
Your voice matters. Even short responses help.
Keep all your documents.
Employment letters, payslips, tenancy, community contribution, training.
Ask your MP to protect existing migrants.
Especially care workers, refugees, and long-residence clients.
Attend Tulia briefings.
We will provide guidance, pastoral support, and legal information.
Share this explainer.
Many people have no idea this is happening.
Final Word
These proposals will affect thousands of migrant families, frontline workers, carers, students, and refugees.
This is the moment for communities to raise their voices.
Nothing is final, consultation responses can still change transitional rules, protect current visa holders, and shape the future of settlement in the UK.
