Earned settlement: what it means for spouses

On 2 November 2026 the Home Secretary confirmed the new "earned settlement" rules for indefinite leave to remain (ILR). For most migrants the standard wait for settlement goes up from five years to ten. If you are married to, or the partner of, a British citizen, the news is better: the government says you will keep a five-year path. There are new conditions to meet, though, and partners of people who are settled but not British may be treated differently.

Partners of British citizens keep a five-year path

The government's consultation response says that "recognised British connections will continue to qualify for a five-year pathway". That includes eligible partners, parents and children of British citizens.

You will still have to meet every new mandatory requirement. The government's own example is a person earning £42,000 who is married to a British citizen. They can settle at five years even though they earn less than the £50,271 that most other workers need for the five-year path.

The new requirements you will need to meet

English at B2 level. This is higher than the B1 needed for ILR today, so plan your test early.
The Life in the UK test, which stays.
A clean criminal record, under stricter rules than now.
No debts owed to the government, such as NHS charges or unpaid tax.
No claims for public funds in the last five years.
No breaches of the immigration rules. A breach can move you onto a 20-year path.

The existing exemptions for children, people aged 65 or over and people with a qualifying physical or mental condition still apply.

If your partner is settled but not British

The five-year path is for partners of British citizens. The consultation response says that people on a family visa not sponsored by a British citizen "will move to a longer pathway to settlement". The government has not yet said how long that will be. If your partner has ILR or EU settled status but is not British, get advice before you plan your timeline. It may be worth your partner applying for British citizenship first.

Your children

Children under 18 can settle with their parents. They do not have to meet the income, debt, English or Life in the UK requirements, but they do have to meet the good character rules.

When the changes start

Nothing has changed yet. The government will start laying the new rules in the December Immigration Rules and bring them in during 2027. Settlement is decided under the rules in force on the day you apply, not the day you arrived. The government has not promised that people already on the spouse route keep the current rules, so if you are close to the five-year point, apply as soon as you qualify.

What to do now

Check the date you reach five years on the partner route. Our extension and ILR guide explains the current steps.
Book a B2 English test in good time. Our English language guide explains the tests.
Keep your visa in date and apply to extend before it runs out.
Pay off any NHS or other government debts.
If your partner is settled but not British, talk to us about whether they should apply for citizenship.

How we can help

UK Spouse Visa is the partner visa service of Primus Solicitors. We prepare spouse visa extensions and ILR applications for a fixed fee of £1,000 plus VAT (if applicable). Home Office fees are paid separately.

Book a free assessment, call 0161 222 5860 or send a WhatsApp message to 07778 873187.