UK Earned Settlement: New Policy Due Before February 2027

The UK earned settlement policy will be set out “later this year”, Home Secretary Shabana Mahmood told the Home Affairs Committee on 15 September 2026. She said the government is aware that a large group of people who arrived in 2022 would qualify for settlement in February 2027 if nothing changes. The final policy, including any transitional protection for people already in the UK, has not yet been published.

Key facts

• Date: 15 September 2026, oral evidence to the House of Commons Home Affairs Committee.
• The Home Secretary said the new settlement policy will be set out later in 2026.
• She said people who arrived in 2022 would, absent any change, start to qualify in February 2027.
• Transitional protections were consulted on and are still being decided.
• The earlier proposal would raise the standard qualifying period for settlement from 5 to 10 years. It is not in force.

What changed in UK earned settlement

Earned settlement is the government’s plan to change how migrants get indefinite leave to remain (ILR). The proposals were announced in November 2025. As reported by EIN in March 2026, they would raise the standard qualifying period from 5 to 10 years, add conditions on contribution and English, and allow some workers to qualify faster. The consultation closed in February 2026 and drew more than 200,000 responses. We explained the original plan in our guide to the UK earned settlement 10-year ILR proposal.

The policy has since been questioned. On 23 June 2026, according to Vialto Partners, a House of Lords committee recommended keeping the 5-year baseline and warned that applying the change to people already in the UK could be unfair.

The 15 September hearing is the newest official statement. Ms Mahmood told MPs: “Later this year we will set out the new policy on settlement.” She said the timing was set with the February 2027 group in mind.

On transitional protection, she said the options consulted on ranged from letting some groups move through under the current rules to giving others a longer timeline. She did not commit to a minimum notice period, and said changes would be made through the normal Immigration Rules process.

Who is affected

The UK earned settlement plan would affect people on routes that lead to ILR, such as Skilled Worker and Health and Care Worker visa holders and their family members, if the final rules apply to them. The group the Home Secretary pointed to directly is people who arrived in 2022 and are close to five years in the UK.

What it means for Nepali and Indian workers

Many Nepali and Indian workers came to the UK on Skilled Worker and care visas from 2022 onwards. For them, the key question is whether the new UK earned settlement rules apply to people who are already here, and from what date.

There is no final answer yet. The current rules have not been changed by this hearing. Anyone who reaches the qualifying period under the current rules before any change takes effect should check the rules in force on the day they apply.

What to do now

1. Work out the date you will complete your qualifying period under the current rules.
2. Keep payslips, P60s, tenancy records and travel history organised. Contribution may matter in the new system.
3. Check your English test and Life in the UK test plans early.
4. Avoid long absences from the UK without checking the rules for your route.
5. Watch for a Statement of Changes to the Immigration Rules later in 2026, and get advice from a regulated adviser before applying.

What we don’t know yet

• The exact publication date of the new settlement policy.
• Whether the qualifying period will still be 10 years for most people, given the Lords committee’s recommendation.
• Who will get transitional protection, and whether the new rules will apply to people already in the UK.
• How “contribution” will be measured. The Home Secretary suggested it could go beyond income.

Frequently asked questions

Has the 10-year settlement rule started?

No. It is a proposal. The Home Secretary said on 15 September 2026 that the new policy will be set out later this year.

I arrived in 2022. Can I still get ILR after 5 years?

Under the current rules, yes, if you meet all requirements. The Home Secretary has acknowledged this group would qualify from February 2027 without changes, but the final policy is not yet known.

Will there be transitional protection?

It was part of the consultation, but no decision has been published.

Sources

• Home Affairs Committee oral evidence, 15 September 2026 – UK Parliament
• Revised earned settlement policy to be unveiled before the end of 2026 – Lewis Silkin
• Home Secretary reaffirms earned settlement ILR reforms will be retrospective – EIN
• United Kingdom: the future of earned settlement comes back into focus – Vialto Partners

Last checked: 2 October 2026. This is general information, not immigration advice.