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  5. Law Society Urges Fairness as ‘Earned Settlement’ Consultation Closes

Law Society Urges Fairness as ‘Earned Settlement’ Consultation Closes

Feb 13, 2026
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Law Society Urges Fairness as ‘Earned Settlement’ Consultation Closes
The clock runs out at 23:59 GMT tonight on the Home Office’s consultation to double the qualifying period for Indefinite Leave to Remain (ILR) from five to ten years for most migrants and to introduce a points-based ‘earned settlement’ test covering income, integration and community contribution. The Law Society of England & Wales used the final day to publish a hard-hitting response warning that retrospective application could breach the Equality Act and undermine the UK’s attractiveness to global talent. (lawsociety.org.uk)

Under the proposals, workers below RQF 6 could face a 15-year qualifying period, while high-earners and Global Talent visa holders could settle in three. Dependants would need to ‘earn’ settlement in their own right, potentially splitting family timelines. Professional bodies say the model creates uncertainty for employers making multi-year relocation offers and could deter mid-career specialists who lack the salary premium to qualify for an accelerated path.

Law Society Urges Fairness as ‘Earned Settlement’ Consultation Closes


Stakeholders from tech, life sciences and the adult-social-care sector have submitted evidence arguing that longer waits will intensify retention problems just as Canada and Australia streamline their own permanent-residence tracks. Migrant-rights groups add that forcing parents and children onto different timetables risks hardship and administrative gridlock.

The Home Office will analyse submissions over the next six weeks and aims to publish final rules in April 2026. Businesses should map out which cohorts of current staff might miss the five-year window and consider fast-tracking ILR applications before any transition cut-off is announced.
Source: Law Society of England & Wales

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