Earned Settlement Checker

Criminal record and settlement: what changes under the new rules

Currently an application must be refused for a custodial or suspended sentence of 12 months or more, with discretion for lesser outcomes. Earned Settlement significantly strengthens this: any adult applicant with a criminal record in the UK will be refused settlement.

A criminal record includes custodial or suspended sentences, out-of-court disposals such as absolute and conditional discharges and conditional cautions, court-imposed fines, community sentences, detention and training orders, and civil orders where there has been a conviction.

Worked example. The dates below are illustrative, calculated as of 2 November 2026. They assume every other requirement is met.

A criminal record would block settlement under the new rules

The new framework refuses settlement to any adult with a criminal record in the UK, whatever their earnings or time served. Without that, your pathway would be a 3-year pathway. Get advice from an OISC-regulated adviser or solicitor about your own record.

Pathway if there were no record
3-year pathway

Why this pathway

  • Earnings of at least £125,141 in 3 of the 4 years before you apply qualify for the 3-year pathway.

Before you apply

  • Blocks settlement No criminal recordAny adult applicant with a criminal record in the UK will be refused settlement. Overseas convictions also lead to refusal where the conduct would be an offence in the UK, with discretion for differences between legal systems and for offences committed under 18.
  • Met No outstanding government debt
  • Met English at B2
  • Met Life in the UK test passed
  • Met Sustained contribution (at least £12,571 a year)Assessed over several years using your best years, so a short low-income period such as maternity leave need not count against you.
  • Met No public funds in the last five years
  • Met No immigration breach as an adult

Good to know

  • Family members: a partner who arrives with you can generally settle at the same time. A partner who joins later completes the same qualifying period from their own arrival. Children under 18 settle with parents. Young adults aged 18 to 24 who remain dependants settle alongside their family, and those aged 25 or over must qualify independently.
  • Only time on routes that count towards settlement builds your qualifying period. Time on temporary routes such as Student or Graduate does not.
  • Estimates assume continuous lawful residence. Rules on absences from the UK are not covered here.
  • The government response does not give an implementation date and says further guidance will follow. Applications are normally decided under the rules in force on the date of the decision, so treat dates as estimates.

Based on A Fairer Pathway to Settlement: Government Response to the Consultation (CP 1707), Home Office, November 2026. Rules as of 2 November 2026. General information only, not immigration advice.

Check your own situation

Frequently asked questions

What about convictions abroad?

Overseas convictions lead to refusal where the underlying conduct would be a criminal offence in the UK. Discretion is retained for differences between legal systems, including where conduct is criminalised overseas but would not be an offence here.

What about offences committed as a child?

Discretion remains to refuse settlement for an offence committed under 18, taking into account the circumstances and seriousness. If this affects you, speak to an OISC-regulated adviser or solicitor.

General information only. This is not immigration advice and is not affiliated with the Home Office or GOV.UK. Rules may change and guidance is still to come. For advice on your own case, speak to an OISC-regulated adviser or a solicitor.

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