How the tech sector can respond to the government’s Earned Settlement consultation and why it matters
The tech sector has weathered a series of increasingly onerous changes to the immigration system in recent years, including increasing minimum salary thresholds to sponsor talent and a sharp rise in the Immigration Skills Charge.
Despite all of these challenges, the biggest changes are yet to come. On 20 November 2025, the government published its proposals for a complete overhaul of the framework for settlement (also known as indefinite leave to remain or ILR) which, if enacted as suggested, would represent the biggest shake up of the immigration system since 1971.
Organisations and individuals have just under a month left to respond to the UK government's consultation. You can respond before 12 February (see below) to mainly multiple-choice questions, with the opportunity to leave comments too about proposed changes that would have major consequences to the cost and viability of international talent making a life for themselves and their families in the UK.
Under new proposals, the standard period before someone qualifies for settlement would double to 10 years (for some 15 years). They will be able to decrease this qualifying period via years of volunteering and speaking English at a C1 (academic) level. Conversely, they will also face an increase to their qualifying period for adverse factors, such as previous overstaying.
Applicants will also need to meet new “mandatory minimums” to settle, such as earning above £12,570 over three years and English proficiency at level B2.
The good
Innovator Founders and Global Talent migrants would appear to retain their three-year settlement period, which for some Global Talent endorsements will mean a reduction of two years.
The only other positive for tech workers is a proposed reduction in the qualifying period for settlement for anyone earning above £125,140. Anyone currently in the standard five-year route to settlement earning above this figure for the preceding three years would settle after three years.
However, all of this assumes that there are no adverse factors that would increase their qualifying period, such as past overstaying.
The bad
Many earning over £125,140 will have taken advantage of tax-efficient pension contributions and salary sacrifice schemes to bring their taxable income to below this figure, so would not benefit. They may have a partner or a child in the UK with their own, likely longer, qualifying period. In fact, uncertainty now hangs over how the fate of any family joining workers in the UK, apart from family members of British citizens.
Whereas before dependant family would generally be able to settle after five years, new hurdles are proposed, such as earning above £12,570 for three years and higher English language requirements. I would urge employers to comment on the consultation if they want to continue to attract top tech talent with families who may now consider other European tech hubs easier to settle in.
The ugly
It is suggested that many on the Skilled Worker route will keep their current five-year period to settlement if sponsored in a role skilled at RQF Level 6 and over and earning above £50,270 for the preceding three years. Those earning less, however, would have a 10-year qualifying period as standard and the government is looking at increasing this to 15 years for anyone working in a role below RQF 6. The latter includes IT operations technicians, database administrators, web content technicians and data analysts.
The government also plans to eliminate the existing “long residence” route to settlement which currently allows people to make up the qualifying period with different kinds of permission, including Student and Graduate. The wording in the proposal is vague but it’s possible that under the new system applicants will only be able to count time spent in the UK on certain visas towards qualifying for settlement. If time spent here in school, as an undergraduate student, postgrad or on a Graduate visa no longer counts, this could potentially make Britain less attractive for international students. This would further strain university finances and leave a smaller pool of qualified graduates to work in Britain’s tech sector and bring innovative ideas to market here.
Britain currently has a more expensive immigration system than any other global tech hub, apart from some US applications. Having to sponsor a worker for 10 or 15 years (or possibly even longer) before they can settle, instead of five, would significantly increase firms’ sponsorship costs, particularly impacting startups’ ability to invest in human capital.
Finally, the changes are set to apply to everyone, including immigrants already in the UK and not yet settled by April, from when changes are due to start being implemented. Importantly, the consultation asks whether there should be any transitional provisions for them.
Responding to the consultation
You can respond in a personal or organisational capacity before 12 February 2026 by following this link. You can read more about what the rather obliquely phrased questions mean here as it may help formulate company responses to this major overhaul of what has hitherto been a simple path to settlement.
You don’t need to be personally or professionally affected by these changes – anyone can respond – though anyone who may be affected by the proposals is strongly encouraged to respond.
The link takes you to an online questionnaire, most of which is multiple choice, and takes about 15 minutes to complete. It is completely anonymous.
Anyone operating in the tech sector, including employers, workers and investors, should include information about how they would be affected by the proposals, from increased difficulties in recruitment, the attrition of highly skilled migrants to other countries, increased costs of sponsorship, challenges in filling particular roles and the resulting skills shortages, to say nothing of the impact of these changes on staff integration, their family lives, mental wellbeing and finances.
To minimise the impact on the tech sector, you may consider including suggestions such as:
Permitting applicants to count time spent as a Student and Graduate towards the qualifying period
Including transitional provisions that exempt anyone from these changes who is already in a route to settlement
Maintaining the current five-year period for anyone in a job below RQF level 6 or at the very least, giving them the new standard 10 year route
Allowing dependants to settle at the same time as the main applicant or failing that, to give them a five-year route to settlement
Exempting dependants from meeting additional requirements for settlement, such as a minimum salary
Disregarding past overstaying where the applicant has since been granted a visa
The tech sector is key to Britain’s Modern Industrial Strategy and is thus uniquely qualified to comment on these changes and inform the government of any significant impact they would have on its ability to grow and thrive. Given the government’s purported commitment to the sector, it should take seriously its legitimate concerns.
Author
Alex Piletska
Senior Associate, Vanessa Ganguin Immigration Law
Alex Piletska
Senior Associate, Vanessa Ganguin Immigration Law
Alex Piletska is a Senior Associate at Vanessa Ganguin Immigration Law advising on skilled work immigration options as well as family visas and human rights applications. Alex often writes and comments on UK immigration issues in the media. Alex is a co-founder of the Ukraine Advice Project UK, a pro bono project that has won multiple awards and helped more than 4,000 families escape the conflict.
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Alex Piletska is a Senior Associate at Vanessa Ganguin Immigration Law advising on skilled work immigration options as well as family visas and human rights applications. Alex often writes and comments on UK immigration issues in the media. Alex is a co-founder of the Ukraine Advice Project UK, a pro bono project that has won multiple awards and helped more than 4,000 families escape the conflict.
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