UK Government pushes forward with ILR reform despite growing opposition

Migration and Citizenship Minister Mike Tapp confirmed that the UK Government will proceed with its “earned settlement” model, which would extend the standard qualifying period for Indefinite Leave to Remain “ILR” from five to ten years. However, he acknowledged that crucial details, including whether the changes will apply retrospectively to migrants already in the UK, remain subject to public consultation.

What’s being proposed?

The Government’s reform package, outlined in November’s command paper “A Fairer Pathway to Settlement”, represents the most significant change to the UK’s settlement system in decades. Key elements include:

• Extended qualifying periods: The standard route to settlement would increase from five to ten years, with care workers potentially facing waits of up to fifteen years;
• Earned reductions: Migrants could reduce their waiting time through positive contributions, such as working in public services or volunteering;
• Penalties for non-compliance: Those claiming public funds or breaching immigration laws would face extended settlement pathways.

The retrospectivity controversy

The most contentious aspect of the reforms is their potential retrospective application. Under current proposals, the changes could affect not just future arrivals but also the estimated 2.2 million people already in the UK who have not yet secured ILR.

Labour MP Tony Vaughan strongly criticised this approach, stating that migrants “entered this country on a contract, and the deal was simple: if they came to work in the sectors where we needed them, obeyed the law and paid their taxes, they could stay. Changing the terms of that contract after people have spent years building a life here is not just bad policy but a breach of trust”.

Every backbencher who spoke in the debate opposed retrospective changes, with MPs highlighting the financial and emotional toll on constituents who had planned their lives around the existing five-year ILR pathway.

Exemptions confirmed

Minister Tapp did confirm that two groups will receive five-year discounts from the extended qualifying period:

1. Partners, parents, and children of British citizens; and
2. British National (Overseas) visa holders from Hong Kong.

Government’s justification

The Government maintains the reforms are necessary to manage settlement numbers, which ministers say could see 2.2 million people become eligible for ILR between 2026 and 2030. Tapp emphasised the strain this would place on housing, public services and community cohesion, noting that the social housing waiting list has already increased by 200,000 since 2020.

“Settlement here is a privilege, not a right”, Tapp told MPs. “It cannot be simply a measure of how long someone has been in the UK, but rather of the contribution they have made”.

Tapp stressed that migrants awaiting settlement would retain access to education, healthcare, housing, employment and travel rights, describing the reforms as focused on contribution and integration rather than deportation.

What happens next?

The public consultation closes on 12 February 2026. The Government has stated that it will consider all responses before finalising details on transitional arrangements, income thresholds and how the earned settlement criteria will be assessed.

Several complex issues remain under consultation, including provisions for families with income disparities, disabled individuals, those with university fee obligations and armed forces personnel.

For anyone affected by these proposals or wishing to make their views known, responses can be submitted through the Government website before the consultation deadline.

The outcome of this consultation will determine whether protection remains for migrants who entered the UK under the promise of a five-year route to settlement – a decision that could affect millions currently building their lives in Britain.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on all UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2026