If you’re reading this blog, you’re almost certainly already aware of the Earned Settlement consultation open since November and closing this week on 12 February 2026. At Right to Remain, we recognise the value of creating a public record of dissent, but we’re also clear about what consultations are: they are not a vote and they rarely change the direction of travel when the politics is already set. We’re not here to “help the Home Office design it better.” We’re here to help communities understand what’s being proposed, feel less alone, and get organised for what may come. We don’t discourage people from responding but we won’t pour disproportionate time and resources into a process the government can ignore (if you want to respond you can read our friends at GMIAU’s helpful guide here). 

Longer and more complex routes to settlement mean that more people kept under immigration control for longer and therefore more people are at risk of enforcement.  This is especially urgent in the wider context of tightening enforcement: the Border Security and Asylum Act 2025 received Royal Assent in December 2025 and came into force on 6 January 2026. You can read our blog on what this means for our communities here. 

In this context, it’s critical that our communities are prepared. We don’t yet know the final shape of what will change, but we can see the direction of travel clearly: more conditions, more “prove yourself”, more delays and more insecurity. The question now is how we look after each other, reduce avoidable risk, and build the relationships and collective power we’ll need in the months ahead.

For people who are currently in the immigration system and do NOT have Indefinite Leave to Remain: 

It’s important to take action and prepare now. Getting prepared takes time and it’s much easier to do this calmly than to wait until you’re in a panic or crisis. Here are some practical steps you can start now, even if you won’t be eligible to apply for ILR for a while.

• Find out when you are eligible to apply for Indefinite Leave to Remain (ILR) (also called settlement). First, you need to know which immigration route you are on (for example, refugee status, partner route, work route, or private life). You can usually check this in your most recent Home Office decision letter/email (the Home Office normally tells you your status in writing when an application is successful), and you can also check your UKVI account/eVisa, which shows your current immigration status and what rights you have in the UK. From there, you can look up the ILR rules for your route on GOV.UK and check the requirements step by step. 
  
• Get your files from the Home Office by making a Subject Access Request: A Subject Access Request (SAR) is a request you make to get your personal information from an organisation.  Making a SAR can be a good first step to collect information and documents before a new application, appeal, or other legal step. Your SAR should confirm your immigration history (applications/decisions) heck what their records say about entries/exits, enforcement contact, or notes, understand what’s on file if you’re challenging a decision A SAR lets you ask what information they hold about you, how they use it, and who they share it with. You can read more about how to make a SAR here.
  
• Create a timeline. List every grant of leave (start/end dates), applications and decisions, any appeals, and all trips outside the UK. Add key basics you may need later, like addresses you’ve lived at and your work/volunteering history.
  
• Check your dates carefully. If your records are messy, incomplete, or you don’t trust what you have, a Subject Access Request (SAR) to the Home Office can help you confirm what they hold about your immigration history and decisions.
  
• Identify missing evidence and make a plan to get it. For example: request old emails/letters, make a SAR, ask employers/volunteering organisations for letters, request records from your GP/NHS, and gather proof of address (tenancy agreements, council tax, bills, bank statements).
  
• Think ahead to the Earned Settlement “tests.” Even though the rules are not final, look at what you already have (and what you’d struggle to evidence) around things like work/income, caring responsibilities, study/English, community contribution, and any periods where you relied on support. This helps you spot risk early and avoid last-minute panic. 
  
• If any of the following apply to you: criminal convictions, long absences from the UK, gaps in your immigration leave, refusals/overstaying, or any possible “suitability” problems – you will likely need immigration advice from a regulated adviser (even if it’s just a one-off appointment). You can find a regulated solicitor through the Law Society (or an IAA-registered adviser), and you can read our guidance on working with lawyers here. We are aware of people being exploited and scammed by unregulated advisors – it is important that you make sure any lawyer you speak to is regulated.
• Make a safety plan in case of detention or enforcement. Talk it through with people you trust, agree what to do if something happens, and write down key contacts and next steps. You can read more about your rights and options in our Key Guides on Immigration Detention here, and Reporting and Immigration Raids here.
  
• Build your support network. Find a community of people who can support you (friends, neighbours, community groups, faith groups, or local organisers) and talk about your concerns. You don’t have to face this alone.
  
• Stay informed from reliable sources. There are lots of things that we still don’t know. Be careful where you get your information. You can sign up to the Right to Remain newsletter here.
  

For supporters: 

Look at the checklist above and think about the practical support role you can play. There are not enough lawyers. We need to step up to protect our communities which goes beyond social media and marches. Here are some suggestions of how you can act as a legal supporter:

• Read the Toolkit with someone 
• Help them with IT, looking up information and writing emails 
• Book and attend appointments 
• Help gather evidence and make a timeline
• Write letters of support 
• Create safe spaces to talk about enforcement, reporting and detention

No one is coming to save us – we need to step up for ourselves and for each other.