Immigration Lawyers Say Earned Settlement Plans Are Without Precedent
04 May 2026
The UK's leading immigration lawyers have published a formal briefing saying the government's earned settlement proposals are "largely without precedent" - both in UK history and compared to similar countries around the world.
The briefing was published today by the Immigration Law Practitioners' Association (ILPA) and written by Professor Bernard Ryan of the University of Leicester. It compares the proposed UK rules to permanent residence requirements in the EU, Canada, Australia, and the United States.
No comparable country requires a 10-year wait
Most comparable countries require far shorter periods for permanent residence. EU member states must grant long-term resident status after five years under EU law. Canada grants permanent residence immediately for many skilled workers and family members. Australia and the United States both have shorter pathways for most applicants. Only Switzerland matches a 10-year requirement. Denmark requires eight years for non-EU nationals.
The range of 3 to 15 years is also unprecedented
ILPA says there is "no precedent" for the proposed variation in qualifying periods. Under the plans, higher earners could qualify after three years, while lower-paid workers - including many health and social care workers - could face a 15-year wait. ILPA says no comparable country uses a range this wide.
An earnings threshold for the first time
The proposals would require applicants to show annual earnings above £12,570. ILPA says this is the first time the UK has ever made an earnings level a condition of settlement. People who do not earn this individually - including some non-working dependants in otherwise financially stable households - could be excluded from settlement even after meeting the residency requirement.
Applying the rules to people already here is also unusual
The government plans to apply the new rules to people already living in the UK on existing visas. ILPA warns this departs from 15 years of consistent practice in which the UK protected existing visa holders from changes to the rules. If you already meet the current ILR requirements, applying now remains the safest option. The new rules are not yet in force.
If you are on a BNO visa, the five-year route to settlement is confirmed as protected. The proposed changes would not extend your qualifying period. But proposed minimum requirements, including the earnings threshold, could still affect non-working dependants on BNO visas.
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