Back
Feb 6, 2026

‘Earned settlement’ plan could penalise migrant women, legal analysis warns

‘Earned settlement’ plan could penalise migrant women, legal analysis warns
With just one week left to respond to the Home Office consultation on ‘A Fairer Pathway to Settlement’, immigration solicitors at Free Movement have flagged gender-equality concerns. The blog post, published on 5 February, argues that linking faster indefinite-leave-to-remain (ILR) to high earnings, English proficiency and continuous work will disproportionately disadvantage women, who are more likely to work part-time, take maternity leave or be employed in lower-paid care roles.

Under the proposals, the standard ILR qualifying period doubles from five to ten years, but can shrink to three years for those earning over £125,140. Care-sector workers—74 percent of whom are women—could face a 15-year wait.

Employers in health, social care and hospitality face higher retention risk if female staff are unable to settle and thus choose other jurisdictions with clearer pathways. Talent-acquisition teams may need to budget for repeat visa extensions costing £10,000-plus per employee.

‘Earned settlement’ plan could penalise migrant women, legal analysis warns


For organisations and applicants trying to keep pace with such evolving requirements, VisaHQ offers an easy-to-use platform that guides users through UK visa renewals, dependant applications and settlement timelines. Its dedicated UK section (https://www.visahq.com/united-kingdom/) consolidates current Home Office guidance and can help flag cost and timing implications early, reducing the administrative burden on HR and migrant workers alike.

The analysis also highlights ambiguity around dependants: partners may be assessed on their own earnings, potentially forcing career breaks or childcare-focused spouses into perpetual temporary status.

Corporate D&I officers should consider adding a gender-impact statement to any organisational response before the consultation closes on 12 February. Failure to adapt the model could invite future discrimination claims and complicate sponsorship of dual-career couples. (freemovement.org.uk)
VisaHQ's expert visas and immigration team helps individuals and companies navigate global travel, work, and residency requirements. We handle document preparation, application filings, government agencies coordination, every aspect necessary to ensure fast, compliant, and stress-free approvals.
×