Earned Settlement Checker

Immigration breach as an adult: the 20-year settlement pathway

Under the current rules, a past immigration breach does not permanently lengthen the route to settlement. Earned Settlement changes that: specified breaches committed as an adult place the applicant on a 20-year pathway, regardless of higher earnings or other positive contributions.

The qualifying breaches will be set out in the Immigration Rules and will include overstaying a visa, breaching a condition attached to immigration permission, using deception in an application and taking action to frustrate immigration controls.

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

Earliest settlement: September 2042 (20-year pathway)

On what you told us, your route leads to a 20-year pathway.

Pathway
20-year pathway
Earliest date
September 2042

Why this pathway

  • Earnings of at least £125,141 in 3 of the 4 years before you apply qualify for the 3-year pathway.
  • A qualifying immigration breach committed as an adult puts you on the 20-year pathway, regardless of higher earnings or other positive contributions.

Before you apply

  • Met No criminal record
  • 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
  • Lengthens wait No immigration breach as an adultQualifying breaches include overstaying, breaching a visa condition, using deception in an application and acting to frustrate immigration controls. Each one puts you on a 20-year pathway.

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

Does this apply to children?

No. The requirement only applies to people who were aged 18 or over when they entered illegally or committed or began the breach, because children may lack autonomy in determining their immigration status.

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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