The Immigration Rules are an important piece of the puzzle when it comes to immigration law and policy. They set out how people can come to, remain in, and settle in the UK. Many people don't know that these rules can be changed by the Home Secretary as they see fit, and without a vote from MPs being necessary. This is because of wide-reaching powers under the Immigration Act 1971.
Therefore, while immigration is widely debated, Parliament has very limited power over Immigration Rule changes, or the chance to properly scrutinise them. There are ways in which MPs can try to challenge changes to the rules after they have taken effect, but in practice this happens very rarely, and only seems to have happened twice in the last 50 years.
Why does this matter? We are living in a very different world and immigration landscape to that of the 1970s. The Government is currently proposing major reforms to immigration policy, under its 'earned settlement' proposals, including doubling the standard timeframe to ILR from five to 10 years.
These proposals have already prompted concern among many MPs regarding the nature of the proposals, and the lack of scrutiny they've had over such major changes. This raises the broader question over whether the current system remain fit for purpose.