What are the new immigration rules about?

The government wants to change how long people must wait to get settled status in the UK. Some people might have to wait much longer than before.

Why are some Labour MPs unhappy?

They think the new rules should not affect people who are already living in the UK and waiting for settled status. They feel it is unfair to change the rules for them.

What is settled status?

Settled status means a person can live in the UK for as long as they want. It is also called indefinite leave to remain.

What does the government say?

The government says that getting settled status is a privilege and people must show they contribute to the UK. They want to attract skilled workers.

Could these rules change?

Yes, the rules are being discussed. Many MPs are talking about them, and the government is listening to what people say.

Labour MPs Disagree on New Immigration Rules for Settled People

Key figures within the Labour party are voicing concerns about proposed changes to immigration rules that could extend the time migrants must wait to gain permanent residency in the UK. The debate centers on whether these new regulations should apply to individuals already residing in the country under existing guidelines.

Background and Timeline

Recent reports indicate that Shabana Mahmood, the Home Secretary, has put forward reforms to the UK's immigration and asylum system. These proposed changes aim to alter the criteria and timelines for migrants to obtain indefinite leave to remain, commonly known as settled status. The government's stated aim is to encourage economic contribution and manage the pressure on public services.

Don't change rules for migrants already in UK, Labour MPs tell Mahmood - 1

September 2025: Initial reports suggested tougher rules, including requirements for migrants to have jobs, avoid benefits, and undertake community work to gain settlement.
November 2025: Further details emerged regarding asylum reform, with proposals to extend the wait for settled status to 20 years, a significant increase from the previous five-year pathway.
February 2026: A consultation on these changes was underway, with a closing date of February 12. Discussions within Parliament highlight a growing division among Labour MPs regarding the retrospective application of these new rules.

Opposition from Labour MPs

A significant number of Labour Members of Parliament have expressed strong objections to the proposed changes, particularly their potential impact on migrants already established in the UK.

Don't change rules for migrants already in UK, Labour MPs tell Mahmood - 2

Several Labour MPs have argued that extending the waiting period for permanent residency should not affect individuals currently living in the UK.
Concerns have been raised that migrants on health and social care visas could face a 15-year wait, while those who have relied on benefits for over a year might wait 20 years.
The core of the opposition centers on the principle of fairness and the potential for retrospective application of new rules.
MPs have indicated that these changes would affect individuals expecting to receive permanent residence in the near future.
Around 50 MPs reportedly signaled an intention to oppose the measures, suggesting a potential significant parliamentary challenge for the government.

Government's Stance and Rationale

The Home Secretary, Shabana Mahmood, has defended the proposed reforms, emphasizing the need for migrants to contribute to their right to stay in the UK.

Don't change rules for migrants already in UK, Labour MPs tell Mahmood - 3

Mahmood stated that settlement in the UK is a "privilege, not a right."
The government's position is that it is important to attract "the brightest and best" to work in the country.
The reforms are framed as a necessary step to manage the scale of migration and alleviate pressure on local communities.
The government has suggested that new rules would generally extend the standard wait for settlement to 10 years, doubling the current five-year period for most migrant workers.
The proposed measures are partly seen as a strategy to counter the appeal of anti-immigrant parties.

Conflicting Views on Settlement Pathways

The debate highlights differing perspectives on the pathway to settled status and the definition of immigration as a right versus a privilege.

Don't change rules for migrants already in UK, Labour MPs tell Mahmood - 4

Aspect	Labour MP Opposition	Government/Shabana Mahmood Stance
Applicability	Should not apply to those already in the UK.	Aims to implement new standards for those seeking settlement.
Waiting Period	Extended waits (e.g., 15-20 years) are concerning.	Standard wait proposed to extend to 10 years.
Settlement Status	Seen as an earned right after meeting criteria.	Framed as a privilege, requiring contribution and merit.
Retrospective Impact	Concerns over legal challenges and fairness to existing residents.	Focus on setting future standards for "brightest and best."

Expert and Legal Considerations

Legal experts have indicated potential challenges regarding the retrospective application of immigration rules.

The Financial Times reported that legal experts predict challenges over the retrospective application of rules to migrants already in Britain.
The analysis suggests that non-working partners could face uncertainty under the proposed reforms.

Conclusion and Implications

The proposed changes to immigration settlement rules have ignited a significant internal debate within the Labour party. A substantial contingent of Labour MPs is opposing the government's plans, particularly concerning the retrospective application of new, longer waiting periods for permanent residency.

The central conflict revolves around whether individuals already contributing to the UK should be subject to newly implemented, more stringent settlement criteria.
The government, led by Shabana Mahmood, maintains that the reforms are necessary to manage migration and ensure that those granted the privilege of settlement have earned it through contribution.
The outcome of this internal party division could have notable implications for government policy and the experience of migrants already living in the UK.
Further parliamentary scrutiny and the closing of the public consultation are expected to provide more clarity on the future of these proposals.

Sources

BBC News: Don't change rules for migrants already in UK, Labour MPs tell Mahmood (Published: 13 hours ago)
BBC News: Shabana Mahmood defends immigration reforms amid Labour opposition (Published: Feb 4, 2026)
LabourList: Asylum reform: Full list of MPs opposing government's immigration proposals (Published: Nov 19, 2025)
The Express: Labour civil war throws Mahmood's latest migration plans into chaos (Published: Feb 4, 2026)
Financial Times: Non-working partners risk limbo with UK migration reforms, analysis finds (Published: 2 days ago)
Evening Standard: Growing Labour revolt as Mahmood sets out asylum system reforms (Published: Nov 17, 2025)
France24: UK's Labour plans tougher rules on migrants to halt hard right (Published: Sep 29, 2025)