The UK government’s new “earned settlement” proposals reveal a stark divide in how people can secure their right to live permanently in the UK. For EU, EEA nationals and Swiss nationals and their families who were living in the UK before Brexit, the EU Settlement Scheme increasingly seems a beacon of fairness. For everyone else, the future looks far less certain—and much harder.
Settled status: fair and flexible
Introduced in the run-up to Brexit, the EU Settlement Scheme protects EU, EEA and Swiss nationals and their families who were living in the UK by the end of the transition period on 31 December 2020.
Eligible applicants could secure settled status – a special type of indefinite leave to remain – after 5 years’ residence, or pre-settled status if they had been in the UK for less time.
The real win? The residence requirement to upgrade to settled status was relaxed in July 2025: just 2.5 years’ residence in the last 5-year period, or 6 months in any 12-month window. With pre-settled status now being automatically extended for a further 5 years, meeting the residence requirement has never been easier.
Once granted, settled status is lost only after 5 continuous years abroad (4 years for Swiss nationals) or serious criminal activity.
Earned settlement: tougher rules, tighter leash
For other migrants, the route to permanent residence – indefinite leave to remain (ILR) – has always been stricter. Among other requirements, applicants must live in the UK for 5 continuous years, with no more than 180 days outside the UK in any 12-month period. ILR can be lost after just 2 continuous years abroad.
The UK government’s earned settlement proposals will make ILR even harder to obtain. Most applicants will need 10 years of continuous residence. High earners (those earning £125,140+ for 3 years) may qualify with just 3 years’ residence, while those earning £50,270+ may qualify with 5 years. However, for many, the wait could stretch to 15 years if working in certain jobs, or to 20 and even 30 years if they have claimed welfare benefits or entered the UK illegally.
A cold reception for new arrivals?
The UK government once promised Brexit would end preferential treatment for EU citizens. It has delivered on this promise, in the sense that EU, EEA and Swiss nationals who have moved to the UK since 1 January 2021 are subject to the same harsh rules as to everyone else. Yet, settled status remains far more flexible than the new earned settlement proposal or even the current ILR system. The message is clear: the UK is planning on making itself much harder to call home.
If you have any questions regarding this blog, please contact Emma Dauriac in our Immigration team.
