Time is running out to respond to the earned settlement consultation – Vanessa’s article in the HR Director

3 February 2026

We have until 12 February to respond to the “earned settlement” consultation.

Managing Partner Vanessa Ganguin has written another article about why HR departments should be concerned by proposals to change the rules around qualifying to settle in the UK, and why they are well placed to respond to the public consultation on proposed measures.

“Even if you are only lightly reliant on international talent, you probably employ and manage people whose path to secure settlement in Britain would be directly affected,” writes Vanessa. “It is worth understanding what is proposed.

” The UK government is proposing a major overhaul of the current, relatively predictable five‑year route to settlement. These reforms have major implications for how long international employees must stay sponsored, the costs of retaining them and how realistic it is for them to plan a long‑term career and life in the UK. HR leaders are uniquely placed to respond to the current public consultation and explain what this would mean in terms of business costs, growth, workforce planning and skills gaps.”

You can read Vanessa’s summary of how HR departments can respond in the HR Director here.

There is still time to respond before 12 February 2026, both as individuals and on behalf of your organisation. You can respond to the public consultation on the proposals through this link. You can read more about the proposals and questions in the consultation in our guide here to help formulate your responses. HR leaders may want to read our summary and liaise with colleagues on an organisational response. The consultation is anonymised.

Do also encourage individual responses. International employees, managers and even UK colleagues who value diverse teams can also respond in a personal capacity. Responses are anonymous, but you may wish to describe your organisation and the scale of your internationally recruited workforce and exposure to the proposed changes. Most questions are multiple choice, but you can also comment on proposals, the impact on lives and your sector of the economy.

Home Secretary Shabana Mahmood has set out proposals that would fundamentally change timelines and conditions for settlement – also known as indefinite leave to remain (ILR).

The standard qualifying period for settlement would double from five to ten years spent in the UK on a route that leads to settlement, with up to 15 years for those in roles below RQF6 (sub‑degree level skillsets) and 20 years for refugees. The “earned settlement” proposals involve “earning” a shorter route through specified contributions. It is suggested that higher‑rate taxpayers (earning £50,270 or more) and highly skilled public servants, could reduce the proposed ten‑years by five years. The Home Secretary also proposes that those on Innovator Founder or Global Talent visas, or earning above £125,140, settle in three years. Community volunteering and higher English language attainment (advanced C1) also shorten the route.

Lower‑skilled workers, those who break immigration rules or claim public funds face many more years – even decades – of repeat visa applications before they can settle. A six-month period of overstaying, which can happen easily if people misunderstand rules, could add 20 years on top of a ten‑year route.

It is proposed that new baseline requirements for settlement include three to five years of National Insurance contributions (earning over £12,750), no outstanding government debt, a clean criminal record and B2 English language (equivalent to a foreign language A-level).

Some groups – such as those on the EU Settled Status route, certain family members of British citizens and people on the Hong Kong BN(O) scheme – are exempt from changes to the current five-year route.

Given the enormous changes to qualifying for settlement, which will start being phased in perhaps as early as April many people who expect to be negatively affected by the proposed changes are looking at the possibility of applying for ILR early. Senior Associate Alex Piletska has written an article in Free Movement about how possible that is and what may be strategic which you can read here.

Please contact us if you are concerned or would like to discuss these or any other UK immigration, nationality, right to workand sponsorship procedures and compliance issues. You can use the form below, email one of our lawyers or call 0207 033 9527.

Managing Partner and founder Vanessa Ganguin is a leading light in UK immigration, with three decades of specialist experience in all aspects of UK immigration law: corporate, personal, human rights, including appeals at all levels.