Law Society raises concerns over UK’s proposed “Earned Settlement” Reforms

Posted Friday 20th February 2026

The Law Society of England and Wales has urged the UK government to ensure its proposed “earned settlement” immigration changes are fair, workable, and aligned with the country’s economic priorities.

With the Home Office consultation now closed, potential implications are significant. In its 12 February 2026 press release, Government must ensure earned settlement scheme is fair and upholds the rule of law, Law Society president Mark Evans highlighted several key concerns:

• Retrospective application could unfairly disadvantage migrants already on a settlement pathway.
• Ambiguous financial thresholds may penalise stay‑at‑home partners, carers, lower‑paid workers, students, and recent graduates.
• Independent settlement requirements for dependent partners could split families, disadvantage children, and raise Equality Act concerns.
• Longer qualifying periods and increased costs may deter international talent and add heavier compliance burdens for UK employers.

Law Society president Mark Evans emphasised that immigration policy must support, not hinder, the UK’s competitiveness:

“Longer qualifying periods, higher costs, and more complex rules will deter overseas workers while placing heavy administrative and financial burdens on UK employers. The government needs to ensure its growth agenda and immigration agenda are joined up.”[1]

We would expect clients to ensure their employees apply for settlement at the earliest opportunity and to consider budget forecasting if earned settlement is applied retrospectively.

Key recommendations from the Law Society:

• Exempt refugees and vulnerable groups from extended qualifying periods.
• Build in discretion so decision‑makers can consider individual circumstances without penalising applicants unfairly.

What should employers be doing now to prepare?

Although these reforms are not yet in force, employers are encouraged to:

• Assess which employees may be approaching settlement eligibility.
• Consider contingency planning for extended timelines and  cost increases.
• Seek advice where there is any risk of retrospective impact.

How we can help

If you think you may be affected by the proposed “earned settlement” reforms, please feel free to get in touch for immigration advice. We can help you understand how the proposals might impact your specific circumstances and provide clear, tailored guidance to support you on your pathway to settlement with confidence.

Source:

¹ Law Society of England and Wales, Government must ensure earned settlement scheme is fair and upholds the rule of law, press release, 12 February 2026. Available at: https://www.lawsociety.org.uk/contact-or-visit-us/press-office/press-releases/government-must-ensure-earned-settlement-scheme-is-fair-and-upholds-the-rule-of-law (accessed 19 February 2026).

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This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.

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