The UK government on Monday set out its final rules for “earned settlement” – indefinite leave to remain (ILR). Home Secretary Shabana Mahmood announced them in the House of Commons. This morning we covered the expected changes; the Home Office has now published the details.
Ten years instead of five
According to GOV.UK, settlement will no longer be granted almost automatically after five years. The new default is 10 years. Shorter waits apply to:
- 3 years – the highest earners (above £125,140 a year, according to the BBC) and Global Talent and Innovator Founder visa holders;
- 5 years – people earning more than £50,270 and some public service workers, such as doctors, nurses and teachers;
- 20 years or more – people who have breached immigration rules.
Four conditions for everyone
Every applicant, whenever they arrived, must meet four conditions: a clean criminal record, English to a high standard (equivalent to A-level English as a foreign language), no debt owed to the taxpayer and a record of sustained National Insurance contributions. The BBC adds that a minimum income of £12,571 a year – the income tax threshold – will also apply. Couples can combine earnings, with a household threshold of £25,142.
A change of course on care workers
The biggest change from the November 2025 consultation concerns care workers, who originally faced waits of up to 15 years. Those who met their visa conditions and earned at least £25,000 a year will now be able to settle after five years. The rest – around a quarter, according to the government – will be offered a new five-year visa before they can apply. A similar approach will apply to health and education workers who arrived in the same period.
The government estimates that more than 500,000 people will wait longer than five years. It says no one will be forced to leave and nobody who already holds settled status will lose it. Routes for family members of British citizens, Hong Kong BN(O) holders and the armed forces are unchanged.
Both sides of the argument
Prime Minister Andy Burnham said the system is based on “control” and “contribution”. Ms Mahmood said that “from today, it must be earned”. According to the BBC, the Conservatives describe the softer approach to care workers as a U-turn and question whether changes made without primary legislation will survive a court challenge. Many Labour MPs had earlier criticised the original plan as “moving the goalposts”. The consultation received around 200,000 responses.
What it means for Poles
Most Poles in the UK hold status under the EU Settlement Scheme, a separate system stemming from the Withdrawal Agreement. Neither the government announcement nor the BBC mentions changes to the EUSS. People with settled status keep their rights.
The new rules will, however, affect Poles who arrived after 2020 on visas such as the Skilled Worker route, and partners outside the EUSS. For them, three things matter:
- proof of income – P60s, payslips and the HMRC account, as earnings shorten or lengthen the route to ILR;
- NI contributions – check your record in the HMRC app and resolve any gaps;
- debts to the state – benefit overpayments or tax arrears could block an application.
Polish firms sponsoring workers should expect salary levels to affect when staff can settle, which may matter for retention.
Important: the detailed rules (statement of changes) and transitional arrangements have yet to be published. Current rules apply until then. For individual cases, consult an IAA-registered immigration adviser or a solicitor.
Sources:
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