BNO Visa and Earned Settlement - What the Proposed Minimum Requirements Mean for Holders and Dependants

18 Apr 2026

When the government set out its earned settlement proposals, BNO holders received an important guarantee: the path to ILR would remain at five years, not the ten-year baseline being proposed for most other migrants. That protection on the qualifying period stands. The Home Office has confirmed it explicitly, and the Home Affairs Committee's March 2026 report repeated it. If you are on a BNO 30-month or 5-year visa, you will not be asked to wait a decade before applying for settlement.

But being exempt from the ten-year timeline is not the same as being unaffected by earned settlement altogether. The government's consultation proposed a set of minimum mandatory requirements that are expected to apply to all settlement applicants, regardless of visa route — including BNO. These proposed requirements include:

For most BNO main applicants who are employed or self-employed, the earnings threshold is unlikely to be a barrier. The greater concern is for BNO dependants — spouses, partners, or adult children on the BNO route who do not work or whose income falls below £12,570 per year. Under the proposals as currently set out, each person would need to meet the requirements individually rather than as a household unit. The Home Affairs Committee recommended that earnings be assessed at household level (so the family's combined income counts), which would protect non-earning family members — but the government has not yet confirmed it will accept this.

None of this is yet in force. The earned settlement consultation closed in February 2026 with the government reviewing the responses, and no formal immigration rules implementing earned settlement have been published. The five-year ILR route for BNO holders continues to operate exactly as it did before. The Home Secretary has confirmed changes are expected in autumn 2026, which gives BNO holders and their families time to review their position.

If you have a dependant on your BNO application who does not currently work, it is worth monitoring these proposals closely and seeking immigration advice before autumn. The rules have not changed yet, but the direction of travel is clearer now than it was six months ago.

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