HSMP Forum calls for fairness for migrants already on the path to settlement
HSMP Forum has called for clear, fair transitional arrangements for migrants already living and working in the UK as the Government develops its earned-settlement reforms.
HSMP Forum has been contacted by a large number of migrants and their families who are deeply concerned about the Government’s proposed changes to settlement requirements. Many fear that these changes could affect their existing immigration pathways and disrupt the futures they have planned in the United Kingdom.
The Government published its response to the earned-settlement consultation on 2 November 2026, outlining the proposed framework and targeted transitional protections for some groups. Further detailed Immigration Rules, guidance and implementation arrangements are expected. HSMP Forum believes that the position of other migrants who are already progressing towards settlement must also receive careful consideration.
Amit Kapadia, Executive Director (Founder & Chairman) of HSMP Forum, said:
“We have heard from a large number of migrants and their families who are worried about how the proposed settlement changes may affect them. Behind every enquiry is a person or family trying to understand what will happen to the future they have planned in the UK.
Changing the rules for future migrants is one thing. Changing the destination for people who have already begun the journey is another.
The Government must learn from the mistakes of its predecessors rather than risk repeating them. Previous attempts to impose unfair changes to immigration rules have resulted in successful legal challenges, including HSMP Forum’s landmark High Court victories in 2008 and 2009.
These disputes could have been avoided, sparing affected migrants unnecessary uncertainty and taxpayers the expense of costly litigation. Fairness, legal certainty and appropriate transitional arrangements must be built into the new settlement framework from the outset.”
HSMP Forum’s two landmark High Court victories in 2008 and 2009 concerned retrospective changes to immigration rules affecting existing migrants. Other successful legal challenges to immigration rule-making have involved different legal issues. While none of these judgments determines the legality of the Government’s current proposals, they serve as important reminders of the need for fairness, legal certainty and careful, lawful policymaking.
The Forum calls upon the Government to ensure that future settlement rules are introduced with clear guidance, legal certainty and proportionate transitional arrangements for existing migrants and their families.
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HSMP Forum Limited is an independent, not-for-profit organisation campaigning for fair immigration policy and migrants’ rights.