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Don't Just Wait For The Rules To Change. Use The Time To Take Position

The Home Secretary has confirmed earned settlement policy decisions are coming before the end of 2026. The question is not whether it will affect you, it is what you have done with the time since it was first announced.

Peju Ojemuyiwa  ·  27 September 2026

On 15 September, Home Secretary Shabana Mahmood said something that anyone currently working towards settlement should pay attention to.

Speaking to the Home Affairs Committee, she confirmed that the rules which apply are those in force when you make your application, not the rules that existed when you first arrived in the UK.

She also confirmed that the Government expects to set out its new earned settlement policy later this year, including its decision on transitional arrangements.

It brought to mind the conversations we have been having with clients since earned settlement was first proposed in November 2025.

There was considerable anxiety when the proposals were announced. Then the consultation ran for months, nothing changed immediately and, understandably, some of the urgency faded.

But uncertainty about the final policy does not mean this has been a year in which nothing could be done.

Some of our Skilled Worker clients have moved into better-paid and more senior roles. Others have invested in qualifications and professional development. Founders have been building stronger businesses and demonstrating economic contribution. We have also been looking with clients at where their immigration journey is too dependent on one employer, one route or one set of circumstances.

None of us knows exactly what the final earned settlement model will look like. Transitional arrangements are still to be decided. 

But our clients did not need to know the final rules to strengthen their position.

That is an important part of what I mean by Settlement by Design.

The time between an announcement and a rule change is not simply waiting time. It is positioning time.

You continue living your life and building your career, business and family. But where there are things within your control that could leave you better placed for settlement, you work on them while you still have the time to do so.

The earned settlement consultation was launched in November 2025. We are now approaching the point when the Government says its policy decisions will be announced. 

So perhaps the useful question this Monday is not whether earned settlement will affect you.

It is this:

What have you done with the time since it was first announced?

#UKImmigration#SettlementByDesign#EarnedSettlement #ILR #SkilledWorkers #ImmigrationStrategy

This article is general information and is not advice on your circumstances. Immigration Rules and Home Office guidance change. Last reviewed 27 September 2026.

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