The Government is consulting on major changes to how migrants will qualify for settlement in the UK. These changes will affect not only migrants but their family members and employers too. The proposals change settlement from a predictable milestone (normally after 5 years) into something employees must earn over a much longer period. The current five-year route to settlement will largely disappear, replaced by a 10-year baseline.
The consultation suggests that high earners, public service workers (e.g. certain NHS or other specified roles), those who have done significant voluntary work and those on certain visa routes (such as Global Talent or Innovator Founder) could qualify for settlement in as little as 3 to 5 years, while those who have claimed public funds or breached immigration rules could face extended qualifying periods of 15, 20, or even up to 30 years.
These proposals are not yet law and will require changes to the Immigration Rules following the consultation. The plan is for the changes to be made as soon as April 2026.
A few key points to be aware of:
– No transitional arrangements: Individuals already in the UK could see the rules change part-way through their route to settlement.
– Dependants affected: Family members may no longer automatically track the main visa holder’s settlement timeline, potentially ending up on different routes with different end dates.
– Impact on workforce: Increased uncertainty around settlement could affect employee retention, sponsorship costs, workforce planning and employee wellbeing.
– Predictability around routes to settlement is critical and these changes will have a huge impact on migrants’ career plans, family life and financial security. Equally, sponsoring employers could potentially face a huge increase in their sponsorship costs and challenges with employee retention and wellbeing.
If you could be affected — as a migrant, family member, employer or HR professional — you can respond to the consultation at any time before 11:59pm on 12 February by clicking on the link to the government website below. Please do get in touch if you would like our input or advice on these proposed changes.
The information contained in this article is general guidance only. The application and impact of laws can vary widely depending on the specific facts involved. The information in this article is provided with the understanding that the authors and presenters are not giving legal, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional legal, tax or other competent advisers. Before making any decision or taking any action, you should consult a Child & Child professional.
