English at B2, no debts, clean record: the new settlement checks

The settlement reform announced on 2 November changes more than the waiting times. It rewrites the checks themselves. Here is what applicants for indefinite leave to remain (ILR) will have to satisfy.

English language: B2, not B1

The standard rises from B1 (roughly GCSE level in a foreign language) to B2 (the equivalent of A-level). Existing exemptions continue for children, people aged 65 and over, and those unable to meet the requirement because of a physical or mental condition. Refugees admitted through the UK Resettlement Scheme face a lower A2 standard.

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Life in the UK test

The test stays. The government has confirmed it will be retained. UK Resettlement Scheme refugees will not be required to pass it until a version suitable for A2 level is available, because the current test is designed for a higher level of English.

No government debt

Having no outstanding government debt becomes a mandatory requirement. It covers NHS debt, tax debt including unpaid tax and National Insurance contributions, and litigation debt owed to the Home Office.

Criminality

The bar moves sharply. Today refusal follows a custodial or suspended sentence of 12 months. Under earned settlement, any adult applicant with a criminal record in the UK will be refused. A criminal record includes custodial and suspended sentences and out-of-court disposals. Conduct abroad counts where it would constitute an offence in the UK, with discretion retained for differences between legal systems. Criminal conduct cannot be offset by higher earnings or other contributions.

How earnings are assessed

The government has adopted a "best years" approach. For the three-year pathway, applicants must meet £125,141 in three of the four years before applying. For the five-year pathway, £50,271 in three of five years. For the ten-year pathway, £12,571 in five of the seven years. A period of maternity leave, caring or ill health therefore does not automatically push someone onto a longer route. Exemptions from the income requirement apply to children, people aged 65 and over, and those unable to meet it because of a physical or mental condition.

Combining income with a partner

Eligible couples can combine earnings to meet the minimum economic contribution. The household threshold is £25,142, twice the individual rate, and it moves with the National Insurance threshold. One partner can meet it alone. A partner working fewer hours because of caring responsibilities does not need to meet £12,571 individually. The relationship must be genuine and subsisting, and only one person may rely on the other's income.

Volunteering will not shorten the wait

The consultation floated reducing the qualifying period by three to five years for volunteering and community contribution. The government has dropped it, citing concerns about safeguarding, verification and the risk that vulnerable people could be pressured into unpaid work.