The UK Government’s consultation on its proposed “earned settlement” reforms has now closed after attracting a very large response. Home Secretary Shabana Mahmood confirmed that tens of thousands of submissions were received, with around 130,000 responses logged by last week. The consultation explored major changes to the route to indefinite leave to remain (ILR), including extending the standard qualifying period from five years to 10 and introducing a system where migrants would “earn” settlement through economic and social contribution.
Legal bodies and politicians have already raised concerns. The Law Society warned that any reforms must be applied fairly and should not be retrospective, stressing the importance of maintaining the UK’s global competitiveness. A joint letter from dozens of MPs, peers and civil society organisations urged the Home Secretary to confirm that migrants already living in the UK would not be negatively affected by the changes, arguing that it would be unfair to those who have already established their lives and contributed to the country under the current rules.
Giving evidence to the Home Affairs Committee, the Home Secretary described the consultation as genuine and open on key details, particularly around transitional arrangements for those already in the UK. She acknowledged that significant changes are likely and that it is unrealistic to expect that nobody currently in the UK would be affected. However, she emphasised that the Government is still reviewing responses before finalising how the system will operate in practice.
Some headline decisions have already been made. The Government has confirmed its intention to extend the standard ILR qualifying period from five years to 10 years, and this point was not part of the consultation. Ministers argue that permanent settlement brings access to a generous welfare system and that a longer qualifying period is therefore justified. Changes to English language requirements are also expected to move forward relatively quickly.
The Home Secretary indicated that implementation could begin through the usual Immigration Rules changes, which typically occur twice a year, often in April and autumn. While some technical details remain under review – including how income will be assessed, how children will be treated, and what transitional protections might exist – the overall direction of travel appears set.
On the controversial issue of retrospectivity, the Home Secretary reiterated that ILR applications are always assessed under the rules in force at the time of application, not those in place when a migrant first entered the UK. She noted that this principle has been upheld in case law for many years. While she did not frame the proposals as retrospective, she accepted that rule changes could still impact people already living in the UK and acknowledged that the Government must balance its obligations to migrants with its responsibilities to citizens and long-term residents.
Children in care and those who arrived unaccompanied have been excluded from the consultation scope, and previous commitments to certain children who grew up in the UK without status are expected to remain unchanged. However, broader questions about how children will fit into an “earned settlement” model remain under consideration.
With the consultation now closed, the Government will review responses before finalising policy design. Nonetheless, the shift toward a longer 10-year route to settlement and a framework that frames settlement as something to be earned rather than automatic appears firmly on the horizon.
LawSentis Point:
This consultation signals a major shift in UK settlement policy, with a 10-year route to ILR now looking likely. The biggest unknown is how the changes will affect people already in the UK and whether fair transitional protections will be introduced.
Clear rules and timelines are essential so migrants and employers can plan ahead. If changes apply to those already on the five-year route, it could cause disruption and higher costs.
LawSentis advises clients to review their settlement timelines now and seek legal guidance early, as advance planning will be key before the new system is finalised.