Home Office’s “Earned Settlement” Plan Sparks Accusations of Broken Windrush Promises

The Home Secretary, Shabana Mahmood, is advancing a policy that would double the default qualifying period for indefinite leave to remain (ILR) from five to ten years. The change would apply to most migrants already in the UK, with shorter routes reserved for those deemed to make the greatest contribution. A consultation on the reforms has closed, and the Home Office says a full impact assessment will be published alongside the final proposal.

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The proposal follows the 2018 Windrush scandal, in which Commonwealth citizens—predominantly from the Caribbean—were wrongly deported. The subsequent Windrush Lessons Learned Review recommended that any immigration legislation be accompanied by rigorous impact assessments and that potential adverse effects on racial groups be considered. The Work Rights Centre, which has worked with Labour MPs opposing the plan, argues that the government’s promise to conduct such assessments was breached when the proposals were first published.

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Dora-Olivia Vicol, chief executive of the Work Rights Centre, contends that the “earned settlement” approach represents a direct reversal of the Windrush recommendations. She notes that the Home Office has yet to release an impact assessment despite having received more than 200,000 consultation responses. Vicol warns that two million legally resident migrants could see their futures upended, and she accuses the Home Office of ignoring the risk of racial disparity.

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A Home Office spokeswoman reiterated that the reforms were announced last November and that the consultation has now closed. She affirmed the department’s commitment to publish a comprehensive impact assessment in due course, emphasizing that shorter routes will remain for migrants who contribute most to the UK.

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Labour MPs are scheduled to attend a parliamentary event hosted by the Work Rights Centre next month, where Windrush survivors and health-care workers will discuss the potential impact of the ILR changes. The outcome of the forthcoming impact assessment, expected in autumn, will be pivotal in determining whether the government adjusts the proposal to address the concerns raised by advocacy groups and the legacy of the Windrush scandal.

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