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Perspectives

| 2 minute read

A New Era for Settlement? Key Questions as the Consultation Reaches Its Final Days

As the Government’s earned settlement consultation closes tomorrow, much of the public debate has focused on longer qualifying periods for settlement and stricter integration requirements. However, some of the most significant changes may fall on dependant spouses, partners and children who form the backbone of migrant families.

The Home Secretary recently confirmed that over 130,000 responses have already been submitted in response to the consultation. This alone reflects the scale of concern from individuals, organisations and representative bodies about how the proposed framework will reshape the lives of people already living in the UK, as well as future arrivals.

At the centre of that concern is a fundamental change in policy. Under the proposals, settlement would no longer follow automatically from completing time on a particular visa route. Instead, applicants must demonstrate that they have earned settlement based on their economic contribution, integration and good character. The emphasis on tax‑based economic contribution , in particular, the emerging minimum threshold of annual taxable earnings of £12,570, is where the challenges for certain groups become most acute.

For many dependants, including stay‑at‑home spouses, those with health needs or partners who do not work for cultural, family, or childcare reasons, meeting the £12,570 threshold is simply not possible. These are individuals who are financially supported within their households, fully integrated into family and community life and contributing in non‑economic ways that cannot be captured by taxable earnings. Yet under the proposals, they may struggle to satisfy even the baseline contribution requirement. 

The concerns extend further when considering children who turn 18 during the settlement process. The consultation suggests that young adults may need to “earn” settlement independently rather than automatically settling with their parents. For those still in full‑time education, living at home, or not yet in the workforce, this presents a serious obstacle. For example, it is unreasonable to expect an 18‑ or 19‑year‑old A‑level or university student to show several years of taxable earnings at the personal allowance level. Yet under the proposed framework, they risk being left behind and potentially facing a much longer route to settlement or being pushed into alternative independent immigration categories.

At Edwin Coe, our Immigration team has responded in full to the consultation, stressing that any “fairer pathway to settlement” must properly address these family‑level concerns. Recognising family‑based contributions and creating clear, robust protections for dependants is essential. Without the right safeguards, Government attempts to bring down net migration could end up putting real pressure on family life and the communities people have built here. 

If you have concerns about the earned settlement proposals or would like to stay informed on how the settlement rules develop, please do not hesitate to contact our Immigration team.

 

Madeleine Sumption, director of Oxford university’s Migration Observatory, said this mandatory earnings requirement was the “single biggest change” from the UK’s current settlement regime, potentially leaving hundreds of thousands of refugees, family visa holders and others ineligible to settle.

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immigration