UK settlement rules: Don't change rules for migrants already in UK, say MPs

Over 50 MPs urge Shabana Mahmood to rule out applying new 10-year ILR rules to migrant families already living and working in the UK

The British government must rule out applying new settlement rules retrospectively to migrant families already living in the UK, cross-party MPs and workers’ rights campaigners have told Home Secretary Shabana Mahmood.

 

Labour MP Neil Duncan-Jordan initiated the latest appeal to Mahmood on Wednesday, with a letter signed by more than 50 fellow members of Parliament, including MPs of Indian origin, peers, civil society organisations and one of the country’s largest trade unions, Unison.

 

What is changing under the new settlement rules?

 

At the centre of the row are plans to extend the time migrants must live and work in the UK before qualifying for Indefinite Leave to Remain (ILR). The government wants to double the standard settlement period from five years to 10 years for most migrants. For workers in the social care sector, the qualifying period could rise further to 15 years.

 

The proposals would also introduce fresh conditions tied to earnings and employment history under what the Home Office describes as an “earned settlement” model. The changes are targeted at an estimated 1.6 million people expected to qualify for ILR between 2026 and 2030, with a peak of 450,000 in 2028.

 

‘Families have planned their lives around current rules’

 

The cross-party letter warns that the changes are not only unfair but could undermine the government’s priorities for economic growth.

 

“Thousands of families have planned their lives around current rules,” the letter reads.

 

“The proposal to double the qualifying period for Indefinite Leave to Remain (ILR) to 10 years, rising to 15 years for those such as care workers, wrongly deemed ‘low-skilled’, alongside new conditionality is deeply unfair.

 

“The proposals to change settlement rules would pull the rug from under migrant workers, including in social care who provide dignity and comfort to our loved ones, often in difficult conditions and for low pay. The government must uphold its promises – we cannot simply change the rules halfway through an agreed process,” it says.

 

The letter, signed by British Indian MPs Navendu Mishra, Nadia Whittome and Warinder Juss among others, also raises concerns about the process behind the reforms.

 

“It must restart the process with an Impact Assessment, together with a Child Rights Impact Assessment, with the starting point of treating people fairly as well as supporting the economy and public services,” the letter says, referring to an ongoing online consultation to finalise the details of the new settlement framework.

 

UK govt calls it biggest overhaul in decades

 

The UK Home Office has described the package as the “biggest overhaul” of the country’s legal migration system in decades, shifting towards an “earned settlement” approach that rewards those making greater contributions to British society.

 

Mahmood announced the changes last year, saying they are needed after more than 2 million migrants arrived in the UK from 2021 under the post-Brexit Conservative government – a period dubbed the “Boriswave” after former prime minister Boris Johnson.

 

She has described tackling soaring immigration, both legal and illegal, as her “moral mission”, with tougher residency and visa rules due to take effect from April.

 

Campaigners warn of exploitation risks

 

Workers’ rights groups say the longer route to settlement will leave migrants more exposed.

 

“These plans condemn migrant workers to at least a decade of sponsorship, tied to employers for years with no opportunity for upward mobility, and at risk of exploitation,” said Dr Dora-Olivia Vicol, CEO of the Work Rights Centre, a charity campaigning against the extended ILR rules.

 

“They reduce contribution to the balance on a payslip, and penalise the most vulnerable for getting sick or being a refugee. Retrospective application means that while migrant workers have upheld their side of the contract, the UK government is trying to renege on its own.

 

“It is simply not right to canvas the public’s view on the biggest shake-up to the immigration system in 50 years when the government has not assessed the potential impact on commutes, public services, and our economy. This consultation is a farce and it must be restarted with the full picture made available to the public,” she said.