In Autumn the roll out to ‘Earned Settlement’ will be announced, at present most people qualify for Indefinite Leave to Remain after 5-continuous years of lawful residence in the UK, though the Autumn announcement will see a shift in this, where the baseline qualifying period will be increased to 10-years, in some cases the qualifying period will go up to 20-years in the following instances:
- 15-years– Skilled Workers who have been assigned a CoS under a medium Skilled Occupation Code (RQF level 3-5)
- 20-years – Refugees granted asylum
The factors which will affect the qualifying period increasing or decreasing will be as follows:
- English Language Requirements
- Income
- Public Funds
- Suitability requirements– inc criminal history
- Immigration History
The above factors (subject to consultation) could result in the qualifying period being shortened or increased as follow.
Reduce the baseline qualifying period – only one of the listed considerations (i.e. the one that causes the largest reduction) would be applied in the case of any single application, and additional years will take precedence over any reduction to the baseline.
| Factor | Attribute | Deduction |
| English Language | Applicant has competency in English language at C1 Level under the Common European Framework of Reference for Languages | -1 year |
| Income | Applicant has earned a taxable income of £125,140 for 3 years immediately prior to applying for settlement | -7 years |
| Applicant has earned a taxable income of £50,270 for 3 years immediately prior to applying for settlement | -5 years | |
| Applicant has been employed in a specified public service occupation for 5 years | -5 years | |
| Applicant has worked in the community (volunteering, etc) | -3-5 years | |
| Immigration History | Applicant holds a permission as the parent/partner/child of a British citizen and meets core family requirements Not subject to consultation | -5 years Not subject to consultation |
| Applicant holds a permission granted under the British National Overseas route Not subject to consultation | -5 years Not subject to consultation | |
| Applicant has 3 years continuous residence as the holder of a permission as a Global Talent worker or Innovator Founder | -7 years | |
| Acknowledgement of specific and vulnerable groups having a reduction | Subject to consultation |
Increase the baseline qualifying period – only one of the listed considerations (i.e. the one that causes the largest increase) would be applied in the case of any single application. This will take precedence over any reduction to the baseline.
| Factor | Attribute | Deduction |
| Public Funds | Applicant has been in receipt of public funds for less than 12 months during route to settlement | +5 years |
| Applicant has been in receipt of public funds for more than 12 months during route to settlement | +10 years | |
| Immigration History | Applicant arrived in the UK illegally e.g. via small boat/clandestine | +20 years |
| Applicant entered the UK on a visit visa | +20 years | |
| Applicant has overstayed a permission for 6 months or more | +20 years |
Unlike most changes, the change to the way settlement works is likely to be applied retrospectively, which means it will apply to everyone.
If you are unsure of how this affects you, contact our team of specilliased consultants today to book a consultation.
We will continue to update you on this matter as and when we have more information.
