The UK government has announced major reforms to Indefinite Leave to Remain (ILR), including important protections for spouses, children and other dependents of migrants already living in Britain.
On 2 November 2026, Home Secretary Shabana Mahmood presented the government’s final Earned Settlement policy framework following a consultation that received 204,667 responses, including 202,241 from individuals and 2,426 from organizations.
One of the most significant developments concerns family members. The government has abandoned its original proposal that could have forced adult dependants to qualify for settlement entirely independently of their sponsoring partner.
Instead, the new framework recognises family relationships, combined household income and the particular circumstances of dependent children.
However, the rules will not affect every family equally. Skilled Workers, care workers, refugees, students, spouses of British citizens and people without lawful immigration status face different settlement arrangements.
Important clarification: The government announced its final policy framework on 2 November 2026. The changes have not all been incorporated into the Immigration Rules or implemented. Applicants must continue following the rules currently in force until the relevant changes take legal effect.
Spouses and Partners
The government has confirmed that eligible dependant partners will continue to be able to obtain ILR alongside the main visa holder.
Under the new approach, a spouse or partner who arrives in the UK at the same time as the main applicant may qualify for settlement together with them, provided both complete the necessary residence period and satisfy the applicable requirements.
For example, a Skilled Worker and their spouse enter the UK together in 2023. If the main applicant qualifies for the five-year ILR pathway and both meet the relevant conditions, they may apply for settlement together after five years.
Partners Joining Later
The position is different when a spouse joins the main applicant after their arrival.
A dependent partner arriving later must ordinarily complete the same qualifying residence period before receiving ILR.
For example, a Skilled Worker arrives in 2023, while their spouse joins in 2025. If the worker qualifies after five years in 2028, the spouse would normally become eligible in 2030, after completing five years of qualifying residence.
This means the spouse does not automatically receive ILR when the main applicant settles.
The Home Office has confirmed that it will maintain family-based settlement while ensuring that adult dependants meet the required residence and suitability conditions.
New Household Income
One of the biggest changes concerns earnings requirements for married couples and eligible partners.
The government has confirmed that partners will be allowed to combine their earnings to meet the minimum economic contribution requirement.
Under the new framework:
- Individual minimum earnings: £12,571 annually.
- Combined household threshold: £25,142 annually.
- Either partner may contribute towards the household total.
- One partner may satisfy the entire household threshold through their own earnings.
For example, if one spouse earns £30,000 and the other earns nothing because they are caring for children, the household would exceed the proposed £25,142 threshold.
Similarly, if one spouse earns £18,000 and the other earns £10,000, their combined annual income of £28,000 would exceed the threshold.
This change is particularly important for families where one partner works part-time, takes parental leave or provides unpaid care.
The relationship must be genuine and continuing, and only one partner may rely on the other’s income for this purpose.
The £25,142 threshold is linked to the National Insurance threshold and may change in future.
Important: This is an Earned Settlement contribution requirement. It is not a replacement for the separate financial requirements applicable when someone initially applies for a UK spouse or family visa.
Children Under 18
The government has confirmed that dependent children under 18 will retain important protections under Earned Settlement.
Eligible children can continue to settle alongside their parents, provided the relevant family and immigration requirements are met.
Children under 18 will be exempt from four important requirements:
- Individual earnings or income requirements.
- Government debt requirements.
- English-language requirements.
- The Life in the UK test.
However, relevant suitability and criminality rules will continue to apply. For example, if both parents qualify for ILR and have a 14-year-old child with valid dependant status, that child may also qualify for settlement alongside them without having to demonstrate employment income or pass the Life in the UK test.
The Home Office has also maintained special arrangements for children who have spent seven years or most of their lives in the UK.
Those children can continue using existing qualifying private-life settlement arrangements, including the relevant five-year pathway after obtaining the required permission. Seven years’ residence does not automatically grant ILR.
Children Aged 18–24
A major concern during the consultation was what would happen to dependent children who become adults before their parents qualify for permanent residence.
The government has confirmed that young adults aged 18 to 24 who retain eligible child-dependent status can continue to qualify for ILR alongside their families.
They will not be required to meet the individual income or earnings threshold.
However, unlike children under 18, these young adults will generally need to satisfy the mandatory requirements applicable to adults, including English-language, suitability and other relevant settlement conditions.
For example, a 22-year-old university student who remains a valid dependant of their parents may continue to qualify for family settlement.
The Home Office’s published example explains that such a young adult can settle as a dependant when both parents settle, subject to the relevant conditions.
This does not mean every 18–24-year-old automatically remains a dependant. They must retain the appropriate immigration status and satisfy the relevant route requirements.
Children Aged 25+
The position will become more restrictive for adult children aged 25 or over.
Under Earned Settlement, a person who is 25 or older when their family becomes eligible for ILR will generally be expected to qualify independently.
If they cannot meet the requirements for settlement, they may need to move onto another appropriate immigration route.
For example, someone who came to the UK as a dependent child at age 15 could reach age 25 before their parents complete a ten-year settlement pathway.
In that situation, the government generally expects the person to establish an independent immigration basis rather than automatically obtaining ILR through their parents.
The Home Office has said appropriate safeguards will remain, but the detailed arrangements will require further guidance.
Skilled Worker Families
For Skilled Workers, the biggest relief is that family settlement will not become entirely independent.
Where an eligible Skilled Worker qualifies for ILR after three, five or ten years, their spouse may qualify at the same time if they arrived together, completed the required residence and meet all other conditions.
A partner arriving later will usually need to complete their own qualifying period.
Children under 18 retain the exemptions explained above, while young adults aged 18–24 can remain eligible if they retain child-dependant status.
However, permission to bring dependants and permission to settle are two different matters.
Existing restrictions on bringing family members still apply to certain medium-skilled occupations.
Under current Skilled Worker rules, some medium-skilled workers who have been continuously sponsored in qualifying employment since before 22 July 2025 retain dependant rights. Specific exceptions also apply, including certain circumstances involving children.
The new ILR announcement does not mean every Skilled Worker can automatically sponsor a new spouse or child.
Care Worker Families
Care workers received significant concessions under the 2 November announcement.
The government has withdrawn its earlier proposal that would have placed many lower-skilled care workers on a 15-year settlement pathway.
Instead, qualifying existing care workers who entered or switched into the care route before the publication of the Immigration White Paper in May 2025 can retain the five-year ILR pathway.
They must meet the relevant conditions, including:
- Genuine sponsored employment in the care sector.
- Applicable salary requirements of £25,000 annually.
- Sponsorship and employment conditions.
- Strengthened settlement requirements, unless exempt.
Their eligible spouses can benefit from the same general dependant settlement principles, including family settlement and combined household earnings.
However, a spouse’s qualification depends on their own residence, status and relevant requirements.
Existing Family Restrictions
An important distinction must be understood.
The five-year care-worker settlement concession does not cancel restrictions on bringing dependants to the UK.
Under existing rules, care workers and senior care workers have generally been restricted from bringing new dependants since 11 March 2024.
Workers continuously employed on the relevant route since before that date may retain family sponsorship rights. Certain exceptions also apply, particularly involving children born in the UK and specific parental circumstances.
Therefore, the March 2024 dependant restriction and the May 2025 ILR transitional cut-off serve different purposes.
Care workers who do not meet the five-year settlement conditions may be offered another five-year Health and Care visa to establish genuine sponsored employment and satisfy the relevant requirements.
Those who joined the care route after the May 2025 cut-off will generally fall under the standard ten-year Earned Settlement pathway, subject to any other applicable qualifying provision.
British Citizens’ Families
The government has confirmed that eligible spouses, partners, parents and children of British citizens will continue benefiting from a five-year settlement pathway.
This reflects the recognised connection these applicants have with the United Kingdom.
For example, a foreign national married to a British citizen who holds permission on the qualifying five-year family route may continue applying for ILR after completing the required period.
The announcement does not replace the existing family visa requirements relating to genuine relationships, financial eligibility, accommodation or immigration compliance.
Applicants must also satisfy the applicable mandatory settlement conditions and exemptions.
Importantly, the five-year arrangement does not mean every family visa applicant qualifies after five years. Applicants on different family or private-life pathways may have longer qualifying periods.
Student Dependants
International students and their family members face a different situation.
The 2 November announcement does not create a direct ILR pathway for students or their dependants.
Under existing Student visa rules, the ability to bring dependants is largely restricted to qualifying postgraduate research students and certain government-sponsored students.
For courses starting on or after 1 January 2024, eligible postgraduate students generally need to be studying for a PhD, doctorate or research-based higher degree, unless qualifying under the separate government-sponsored category.
Student Residence
The government’s new policy states that time spent on temporary immigration routes will no longer count towards Earned Settlement.
These include:
- Student visas.
- Graduate visas.
- Other specified temporary work and mobility routes.
The separate ten-year Long Residence settlement route is also intended to close under the new framework.
This represents a major change because current long-residence rules can allow qualifying lawful time on Student and Graduate visas to count.
For example, a student and their spouse who spend several years in the UK on Student permission will not automatically have those years credited towards the new Earned Settlement qualifying period.
If they subsequently switch to an eligible Skilled Worker or family route, their settlement position will depend on the qualifying residence rules applicable to that route.
Transitional details for existing residents still need to be clarified before implementation.
Refugee Families
The government has announced substantially different settlement arrangements for refugees, depending on how they entered the UK and their subsequent immigration pathway.
Safe Legal Routes
Refugees admitted through designated safe and legal resettlement routes will retain a five-year settlement pathway, subject to the relevant requirements.
This includes the UK Resettlement Scheme and specified sponsorship or resettlement schemes.
Refugees admitted through the UK Resettlement Scheme will generally need to demonstrate English at A2 level instead of the standard B2 requirement.
They will also benefit from an exemption from the five-year restriction on accessing public funds.
Eligible accompanying family members must satisfy the arrangements applicable to their own immigration or protection status. A five-year route for the principal refugee does not automatically establish an identical entitlement for every relative.
Core Protection
People granted protection following asylum claims made in the UK outside designated safe and legal routes will generally enter the Core Protection system.
Under the government’s framework, the ordinary Core Protection settlement period will be 20 years.
Those who subsequently enter sustained work, education or training may move into the Protection Work and Study pathway.
That route can provide settlement after 10 qualifying years, with the qualifying period generally beginning when the person switches onto it.
Earlier time on Core Protection will not normally count towards those ten years, although further transitional guidance has been promised.
Refugee Dependants
The new framework does not establish a universal rule that every refugee spouse or child must independently complete 20 years.
Their position will depend on the applicable family, protection or resettlement route, immigration permission and safeguards.
Children may also benefit from the separate protections relating to age, long residence and vulnerability.
Families should therefore avoid treating the principal refugee’s qualifying period as an automatic settlement date for every dependant.
Illegal Migration Families
The government has adopted tougher settlement conditions for adults who enter or remain in the UK unlawfully.
Under Earned Settlement, specified immigration breaches committed as adults will generally place applicants on a 20-year settlement pathway.
These breaches include overstaying, deception and violating immigration conditions, as defined in the forthcoming rules.
Illegal entry is treated separately.
People who entered the UK illegally will ordinarily face an additional ten-year waiting period, regardless of the eventual qualifying route.
For refugees, this can mean:
- 20 years on Protection Work and Study where the additional illegal-entry period applies.
- 30 years on Core Protection where the additional period applies.
However, these are conditional settlement pathways, not an automatic opportunity to obtain ILR merely by remaining in the UK for 20 or 30 years.
A person must first have an immigration or protection status that provides a qualifying pathway and meet the other relevant requirements.
The government has also confirmed that the additional illegal-entry penalty will not apply where the individual is protected by Article 31 of the Refugee Convention.
Children Without Status
Children will receive different treatment from adults.
The government recognises that children may have little control over their immigration circumstances.
The adult immigration-breach penalties will not automatically apply to someone who was under 18 when the relevant breach occurred.
Special existing settlement pathways for children who grew up in the UK, including those who were unaware of their insecure status, will continue.
Nevertheless, being the child or spouse of a person without lawful status does not automatically create an entitlement to ILR.
Each family member’s circumstances must be assessed under the applicable rules.
Vulnerable Family Members
The Home Office has also retained special protection for several vulnerable groups.
Eligible bereaved partners will continue to benefit from existing settlement arrangements where the death of their partner affects the immigration permission on which they depended.
Similarly, eligible victims of domestic abuse will retain their existing special settlement pathway rather than being forced to complete the standard Earned Settlement qualifying period.
Appropriate exemptions will also remain available for applicants aged 65 or older and those who cannot reasonably satisfy certain requirements because of physical or mental conditions.
The government will publish further details of operational safeguards.
Other ILR Changes
While family protection is an important feature of the announcement, the wider Earned Settlement policy will substantially change the settlement system for workers.
The new standard qualifying period will generally increase from five to ten years.
However, different routes will remain available.
Three-year settlement: Eligible exceptionally high earners receiving at least £125,141 annually, subject to the specified earnings assessment, and certain high-talent applicants.
Five-year settlement: Eligible higher earners meeting the £50,271 threshold, qualifying public-sector health and education professionals, eligible British-connection applicants and specified transitional care-worker groups.
Ten-year settlement: The standard route for most other eligible workers meeting the contribution, residence and mandatory requirements.
Twenty years or more: Certain applicants affected by immigration breaches, public-funds restrictions or protection-route arrangements, subject to safeguards.
The new system will also introduce stronger requirements relating to good character, government debt, English-language proficiency and economic contribution.
B2 will become the standard English-language requirement for settlement, subject to specified exemptions.
The Home Office estimates that more than 500,000 migrants will face settlement waiting periods exceeding five years under the reforms.
Implementation Dates
The policy framework was announced on 2 November 2026, but the government has not yet implemented every measure.
Further Immigration Rules and operational guidance are required to establish precisely how the new framework will apply.
The government has made clear that people already living in the UK will not automatically retain the settlement conditions that existed when they first entered, unless relevant transitional protection applies.
However, targeted safeguards have been announced for certain existing care workers, qualifying public-service workers and vulnerable groups.
People who already hold ILR are not being required to requalify under the new Earned Settlement system.
Final Assessment
The 2 November 2026 announcement provides meaningful reassurance for migrant families.
The government has retained the principle that eligible spouses and dependent children can settle as a family, rather than requiring every dependent to establish an entirely separate economic settlement pathway.
The combined £25,142 household contribution threshold, continued protections for children under 18 and specific arrangements for young adults aged 18–24 are particularly significant.
However, substantial differences remain between Skilled Workers, care workers, refugees, student families and people affected by immigration breaches.
The most important point is that family settlement remains possible, but eligibility will continue to depend on the type of visa, qualifying residence, family circumstances and mandatory requirements.
Applicants should examine the final Immigration Rules and transitional guidance when published before making decisions about extending a visa, changing immigration routes or applying for ILR.