The Westminster Hall debate on UK ILR on 2 February 2026 did not change the Immigration Rules, but it materially changed the planning context for people working towards settlement in the UK.
Ministers confirmed that the current five-year ILR framework is under review and that a longer, earned settlement model is intended to replace it. At the same time, they declined to confirm how people already in the UK will be treated.
For applicants, the key issue is how to plan lawfully and strategically while the current framework remains in force and the next one is still being designed.
5-year ILR route is no longer secure
The Government confirmed that it does not intend to preserve the existing settlement framework. While five-year routes remain available today, ministers described the shift to a longer qualifying period as a structural reform rather than a temporary measure.
For settlement planning, this means applicants should avoid assuming that a five-year pathway will still exist in its current form when they reach eligibility. Even where no retrospective change ultimately applies, the debate confirms that future applicants are unlikely to benefit from the same settlement timeline.
Transitional protection for existing applicants is unresolved
A central theme of the debate was whether people who entered the UK on the understanding of a five-year route should continue to be assessed under those rules. MPs across parties criticised retrospective change, but the Minister declined to give assurances.
From a planning perspective, applicants part-way through qualifying periods should proceed on the basis that transitional arrangements are uncertain. Until draft Immigration Rules are published, there is no guarantee that proximity to eligibility alone will secure protection from change.
Timing implications
Although no rules have yet changed, the debate highlights that settlement reform is actively progressing. Applicants who are close to ILR eligibility may wish to consider whether applying under the current framework is realistic and appropriate, provided they can meet the existing requirements in full.
Conversely, applicants earlier in their qualifying period should plan for the possibility that settlement may take longer than originally expected. This may affect decisions around employment stability, switching routes, family planning and long-term residence in the UK.
Earned settlement & stricter evidential expectations
While the detailed criteria remain under consultation, the earned settlement model signals greater scrutiny of lawful residence, economic activity, English language ability and compliance history.
Applicants should assume that future settlement applications may require more detailed evidence of contribution and integration than is currently the case. Maintaining clear records of employment, tax compliance, absences and English language progression is therefore likely to become increasingly important.
Settlement planning implications
The debate underlines that settlement is no longer treated as an automatic endpoint following a set period of residence. Applicants should factor uncertainty into their long-term planning, including the possibility of extended leave, additional applications and higher cumulative costs.
Where a current route does not lead to settlement, or where eligibility depends on assumptions about future rules, those assumptions should be reviewed carefully. Settlement planning now requires active management rather than passive progression.
Next Steps for ILR Applicants
Despite the significance of the debate, the legal position today remains unchanged. The Immigration Rules continue to govern settlement eligibility, and existing five-year routes remain open unless and until amended.
There are no changes to the current five-year or ten-year ILR rules taking effect automatically following the consultation. Any reform will require new Immigration Rules to be laid before Parliament and brought into force.
The public consultation on the earned settlement proposals remains open until 12 February 2026. Applicants who may be affected by longer settlement timelines or retrospective application may wish to consider responding, particularly where reliance on the current framework can be clearly evidenced.
In parallel, applicants should review their individual settlement timelines and assumptions. Taking advice at this stage can help identify whether action under the current rules is advisable, or whether alternative planning is required in anticipation of reform.
