FAQ: UK Immigration Settlement Rule Changes

For Immigrants

1. If I already have Indefinite Leave to Remain (ILR), would these new regulations impact me? 

• No. You are not affected by these changes if you currently have settled status or ILR. 

2. What happens if I have a current visa and want to apply for settlement soon? 

• You could be liable to the new regulations once they take effect if you have not applied for settlement yet. Following the consultation, transitional plans will be published. 

3. Do the new regulations require me to resume my qualifying period? 

• Phased implementation is being considered by the government. You probably won’t start over entirely, but your timetable could be changed.

4. What is the new qualifying period for settlement?

• Skilled workers and most migrants: 10 years (up from 5).
• Health and Care visa holders: 15 years.

5. Will this have an impact on my dependants? 

• Yes. Except for children under a specific age (probably 18), dependants may need to be eligible on their own. British citizens’ spouses continue to take the 5-year process. 

6. What happens if I work in social services or health care? 

• There will be a 15-year starting point, although community service and public service positions qualify for reductions. 

7. Will my settlement change if I seek benefits? 

• Yes. Your qualifying term may be extended by up to 10 years if you are able to access public funds. 

8. What happens if I overstay or have a gap in my visa? 

• Your qualifying term may be extended by up to 20 years due to immigration violations.

9. Do I have to fulfil the new earnings and language requirements? 

• Yes. B2 English proficiency, the Life in the UK exam, and a minimum salary of £12,570 per year for between 3 and 5 years are required. 

10. Is it possible to reduce the qualifying period? 

• Yes, via: 

• High income ( £125,140+ for 3 years or £50,270+).
  • Positions in public service. 
  • Advanced  English (C1 level). 

  • Substantial community service and volunteer work. 

11. When will these modifications begin? 

• The deadline for consultation is February 12, 2026. It is anticipated to be implemented later in 2026. 

12. Will holders of BN(O) visas or refugees be impacted? 

• Unless there are exceptions, most will adhere to the 10-year guideline. 

13. What happens if I owe money to the government or the NHS? 

• Before submitting an application for settlement, all debts must be paid off.

14. Do family visas fall within these regulations? 

• British nationals’ spouses and companions continue to employ the 5-year process. 

15. Where can I locate official directives? 

• On the UK Home Office website following the end of the consultation.

For Employers

1. Will this affect my sponsored employees?

• Yes. Skilled workers will need 10 years before settlement, which may impact retention strategies.

2. Do I need to change my sponsorship obligations?

• No immediate changes, but you may need to support employees with integration and language requirements.

3. Will this impact recruitment in health and social care?

• Yes. Longer settlement timelines may affect workforce planning. Consider offering incentives for retention.

4. Can employers help employees reduce qualifying time?

• Yes. By supporting higher earnings, English training, and community engagement programs.

5. Where can employers get updates?

• Check the Home Office guidance and immigration law updates regularly.

This blog is prepared by Sajjad Hussain, Solicitor in our Immigration Department. Feel free to contact him at sajjad@faranitaylor.com or call at 020 7242 1666.