MPs Raise Questions in Parliament Over Proposed Changes to Settlement Rules From 5 to Ten Years

By A Staff Reporter

LONDON May 21: Two Members of Parliament have raised written questions in the House of Commons today regarding proposed changes to the qualifying period for Indefinite Leave to Remain (ILR) and British citizenship, as outlined in the government’s immigration white paper released on 12 May.

Olivia Blake MP (Labour, Sheffield Hallam) and Dr Danny Chambers MP (Liberal Democrat, Winchester) both sought clarification on the government’s proposal to extend the standard qualifying period for settlement from five to ten years.

In response to Dr Chambers’ question on whether the extended ILR timeline would apply only to new visa applicants, Seema Malhotra, Parliamentary Under Secretary of State at the Home Office, replied: “We will be consulting on the earned settlement scheme later this year and will provide further details at that stage.”

Olivia Blake MP asked whether the proposal to extend the settlement qualifying period will affect existing migrants or only those entering after the changes come into effect. She received the same response from Ms Malhotra, who reiterated that further information would be released during the consultation period.

As of today, the government has not confirmed whether the proposed changes would apply retrospectively to those already on immigration pathways or only prospectively to new arrivals after implementation.

When asked about the issue during a statement to Parliament on 12 May, Home Secretary Yvette Cooper said: “We will set out further details of the earned settlement and citizenship reforms later this year, and we will consult on them. There will be plenty of opportunity for people to comment on and consider the detail… We want the settlement rules to be amended as swiftly as possible and to apply widely, but we will consult on the detail, and it is right that we do so.”

While the white paper remains vague on implementation timelines, its technical annex suggests the change may affect current residents: “A number of those currently in the UK are likely to leave due [to] it taking longer to gain settled status.”

Reports by the BBC and Financial Times, citing unnamed government sources, support this interpretation, indicating that the government intends for the changes to apply broadly, though some transitional protections may be introduced for those nearing the current five-year threshold.

The white paper outlines a new “earned settlement” model under which the default qualifying period for settlement will be ten years. However, individuals making significant “Points-Based contributions to the UK economy and society” may qualify earlier. Details of how such points would be accrued or the criteria for early settlement are expected to be covered in the upcoming consultation.

There is currently no confirmed date for when the new rules will take effect. A government press release stated that implementation will take place “over the course of this Parliament” (i.e., by 2029), with some measures introduced “in the coming weeks.”

The proposal to extend the qualifying period for ILR has drawn significant attention from the public and media, with concerns particularly focused on whether those already on a path to settlement will be affected. The consultation later this year is expected to provide clarity and invite public feedback before any changes are enacted.