The UK government has outlined categories of foreign nationals who will remain eligible to obtain permanent residence after five years, despite plans to extend the standard settlement period for most migrants to 10 years.

Under its revised Earned Settlement policy, announced by Home Secretary Shabana Mahmood on November 2, 2026, the government intends to replace the existing five-year standard route to Indefinite Leave to Remain (ILR) with a system that rewards migrants based on their earnings, professional contributions and immigration history.

However, certain categories of migrants will retain access to the five-year settlement pathway.

According to the Home Office, the exemptions are intended to recognise the contributions of higher-earning migrants, essential public service workers and people who have served the UK through specific immigration routes.

Migrants who can qualify for permanent residence after five years

The following groups have been identified under the revised settlement framework:

1. High-earning foreign workers

Migrants earning more than £50,271 annually will be eligible to apply for permanent residence after five years, provided they meet the income requirement for at least three of the five years preceding their application.

This category covers foreign professionals whose earnings meet the government’s specified threshold.

2. Doctors, nurses and teachers

Foreign nationals working in qualifying healthcare and education occupations will retain the five-year settlement pathway.

The government specifically identified doctors, nurses and teachers as examples of professionals whose contributions to essential public services justify a shorter route to permanent residence.

3. Eligible care workers

Care workers who entered or switched into the social care route during the period between 2022 and 2025 will retain the opportunity to secure permanent residence after five years.

However, they must have complied with their visa conditions and earned at least £25,000 annually while working in the social care sector.

The government said the exemption recognises the contribution of care workers during the period when Britain’s social care sector faced significant staffing shortages following the COVID-19 pandemic.

4. Eligible family members of British citizens

Certain partners, parents and children of British citizens will also retain access to the five-year settlement pathway.

The exemption covers eligible family visa applicants, although the precise eligibility conditions will depend on the applicable immigration rules.

5. Refugees arriving through approved safe and legal routes

Foreign nationals granted refugee status after arriving in the UK through government-approved safe and legal routes will be eligible to apply for permanent residence after five years.

However, refugees who arrive through irregular routes will face significantly longer waiting periods under the new framework.

The government has proposed a 20-year settlement period for refugees who do not arrive through approved routes, with an additional 10 years for those who enter through illegal means, including small boats.

Other migrants who retain existing settlement pathways

The government has also confirmed that some categories of foreign nationals will retain their existing routes to permanent residence.

They include Hong Kong British National (Overseas) visa holders, members of the British Armed Forces, people with a British connection and migrants on legacy immigration routes, including those covered by the Windrush arrangements.

New conditions for securing permanent residence

Despite the exemptions, migrants applying for settlement under the revised framework will face stricter eligibility requirements.

The Home Office has outlined four key conditions applicants must satisfy:

1. A clean criminal record.
2. A high standard of English language proficiency.
3. No outstanding debt owed to the British government, including unpaid taxes.
4. Evidence of sustained National Insurance contributions.

Migrants who breach immigration rules could face a 20-year qualifying period, while those who have claimed public funds will need to demonstrate five continuous years without relying on benefits before applying.

When will the new UK settlement rules take effect?

The revised Earned Settlement framework is expected to be implemented through changes to the UK’s Immigration Rules from 2027.

According to the House of Commons Library, the government is expected to begin publishing the changes in December 2026, with implementation taking place over the course of 2027.

Until the new rules come into force, migrants can continue applying for Indefinite Leave to Remain under the existing immigration requirements.

The government estimates that more than 500,000 migrants could face longer waiting periods under the reforms. (Vanguard)