The UK Government has confirmed that plans to introduce an “earned settlement” model for indefinite leave to remain (ILR) will proceed, although key details – particularly transitional arrangements for migrants already in the UK – are still under consultation.
A Westminster Hall debate in the House of Commons focused on proposals to overhaul settlement rules, including doubling the standard qualifying period for ILR from five years to ten years. Under the current proposals, the changes could apply not only to future migrants but also retrospectively to those already living in the UK who have not yet secured settlement.
The debate was triggered after two public petitions surpassed 100,000 signatures. One petition calling to retain the five-year route to ILR and restrict benefits for new ILR holders has gathered more than 234,000 signatures, while another opposing the 10-year ILR proposal closed with over 106,000 signatures.
Opening the debate, Labour MP Tony Vaughan warned that extending the qualifying period and applying the change retrospectively would “move the goalposts” for migrants who came to the UK expecting a five-year pathway to settlement. He argued that many migrants had built their lives around existing rules and that changing them mid-route would undermine fairness, damage trust, and risk worsening labour shortages in key sectors.
Vaughan told MPs that migrants entered the UK on the understanding that if they worked, paid taxes and followed the law, they could eventually settle. Altering that expectation after years of residence, he said, would make the UK appear unpredictable and weaken confidence in the immigration system.
Several MPs from across the House echoed concerns about retrospective changes, highlighting the anxiety and uncertainty the proposals have caused for individuals and families. Labour MP Barry Gardiner also raised financial concerns, noting that extended routes to settlement could significantly increase visa costs for families already paying substantial fees, with no guarantee that rules would not change again.
Responding for the Government, Minister for Migration and Citizenship Mike Tapp confirmed that the Government intends to introduce the earned settlement model and move away from the current system, citing the large number of migrants expected to become eligible for settlement between 2026 and 2030. However, he stressed that many elements of the reform – including how changes may affect those already on the path to ILR – remain subject to the ongoing public consultation, which closes on 12 February.
The Minister said the new model would focus on contribution and integration rather than simply length of residence. The Government is considering a system where migrants could reduce the time needed for settlement through positive contributions such as public service work or volunteering. At the same time, penalties may apply for breaches of immigration rules or reliance on public funds.
Tapp emphasised that the reforms are not a deportation policy and acknowledged the long-term contribution migrants make to the UK. However, he stated that settlement should be earned through integration, lawful conduct and contribution to society. He also noted concerns about pressure on housing, public services and migration levels as factors behind the proposed changes.
Certain groups are expected to receive favourable treatment under the new system, including family members of British citizens and British National (Overseas) visa holders from Hong Kong, who may benefit from shorter routes to settlement. Other aspects – such as access to public funds for settled migrants and detailed transitional provisions – remain under review.
The Government says it will publish further details on how the new settlement system will operate once the consultation closes and responses are assessed.
What this means for migrants
While the Government is pressing ahead with the earned settlement framework and longer qualifying periods, final decisions on transitional protections for those already living and working in the UK have not yet been confirmed. For many migrants currently on a five-year route to ILR, the outcome of the consultation will be crucial in determining whether existing expectations will be honoured or whether new rules will apply.
About LawSentis
LawSentis is a UK-based, IAA Level 3-regulated immigration and relocation firm providing strategic advice on visas, settlement and nationality matters. Our team closely monitors policy changes such as the proposed earned settlement reforms and supports individuals, families and businesses with tailored guidance, applications and long-term immigration planning. If you may be affected by potential ILR changes, you can contact LawSentis for professional support and up-to-date advice.