Context
“Settlement,” also known as Indefinite Leave to Remain (ILR), allows people to live, work, study, and access public funds in the UK permanently. In November 2025, the Home Secretary announced plans to radically change how settlement is granted, introducing an “earned settlement” framework. The UK Government says these changes are needed because applications for settlement are expected to rise in the coming years.
As expressed publicly, we are deeply concerned about these proposals, which would apply not only to people arriving in the future but also to those already living lawfully in the UK. The proposals include introducing a minimum 10-year baseline for everyone living in the UK lawfully before being eligible to apply for settlement, with the introductions of penalties and reductions to this period.
As a result of these proposals, many people who were promised a five-year route to settlement could now face a wait of 10 years, or in some cases, up to 30 years before they can apply for permanent status.
Other proposed changes include:
- Minimum earnings requirements
- Penalties up to 20 years for entering the UK irregularly or on a visit visa (despite the lack of safe and legal routes for refugees to enter the UK)
- Penalties up to 10 years for accessing public funds, even for those who have the right to access them
- Restricting access to public funds for those who obtain settlement
- Applying penalties retrospectively to people already living lawfully in the UK
Under these proposals, individuals and families would need to apply for permission to remain in the UK every 2.5 years, potentially paying over £3,000 in fees per application, for a period up to 30 years. These changes will create further precarity and a high risk of destitution, homelessness and serious harm, particularly for vulnerable migrants and children. These proposals do not foster integration. On the contrary, they only create further division by putting additional pressure on local authorities and public services.
What we have done
From the moment the consultation was announced, we worked to support organisations and individuals who asked for guidance. This included:
- Publishing guidance to explain the proposals and encourage responses to the consultation
- Delivering a free webinar in partnership with the Human Rights Consortium Scotland, and Laura Devine Immigration to help organisations and individuals understand the reforms and respond effectively
We wanted to ensure that people had an understanding of these proposals to be able to share their views before the consultation closed.
What we submitted
Our consultation response highlights the serious risks these changes pose. We emphasised that:
- Refugees, survivors of trafficking, children, carers, and other vulnerable people will be disproportionately affected
- Penalising people for how they arrived in the UK or for accessing benefits to recover from trauma is unfair and could breach human rights law
- Linking settlement to volunteering, income thresholds, or other rigid requirements will exclude those already facing barriers and put a higher risk of exploitation more individuals
We know the proposed changes will have a drastic impact on most people with permission to live in the UK. We are very concerned about how these proposals will affect the communities we work with, including refugees, survivors of trafficking, children, families and other vulnerable individuals.
We want to share an example of how refugees we work with would be affected by these changes, if implemented today.
Annie* is a refugee who survived torture and was granted protection in the UK. Under the current rules, she can apply for settlement after five years. Under the proposed changes, her route could be pushed back by up to 20 years because of new penalties linked to how she entered the UK and the fact that she relied on benefits while recovering from trauma. Instead of recovering, gaining stability to be able to then build a life in the UK and contribute to society, she could face decades of uncertainty and repeated, expensive visa renewals, leading to further trauma and harm.
We know that there are no safe and legal routes for most people fleeing persecution to travel to the UK and claim asylum. Many are forced to use visit visas or other routes to reach safety. Penalising people for how they arrived risks punishing refugees simply for seeking protection. Survivors of trafficking may also be penalised for circumstances linked to their exploitation. Children could suffer the consequences of decisions made by adults.
What are we doing now?
The UK Government’s public consultation was limited, consisting mainly of closed questions, and did not give people the chance to fully explain the impacts. We are now continuing to support organisations and communities affected by these proposals, including joining the UK mass lobbying campaign on Earned Settlement to ensure MPs hear directly from their constituents.
We are calling for:
- Retention of the existing routes to settlement
- Removal of punitive income, benefits, and “character” penalties
- Protection for refugees, survivors of trafficking, children, carers, and other vulnerable groups
- Strong transitional arrangements for those already living in the UK
At a Scottish level, we are engaging with Scottish MPs to highlight the negative impact of these proposals. Without action, these changes will push more children into poverty, risk the loss of key workers, and promote more harmful narratives about migrants.
We urge MPs and decision-makers to listen to those affected and work towards a system that provides stability, fairness and safety for all.
