Government Proposes Major Overhaul to Indefinite Leave to Remain Rules
A large number of migrants living legally in the UK may soon wait far longer before becoming permanent residents. Under new proposals, the qualifying period for Indefinite Leave to Remain (ILR) would rise from the current five-year standard to ten years, with even longer waits for certain groups.
Home Secretary Shabana Mahmood confirmed that the policy shift would apply to the estimated 2.6 million people who arrived in the UK since 2021. Anyone who has already secured settled status will not be affected.
Mahmood defended the move by stating that integrating into the UK is “a privilege that must be earned,” signalling a stricter approach to migration as part of a wider reform package introduced throughout the past week.
What the New ILR System Means
Settlement, often known as ILR, gives migrants the right to stay in the UK permanently, work without restrictions, and access public services. It is also a key pathway to British citizenship.
At the moment, most workers and family visa holders qualify after five years.
However, the new proposal introduces a more complex timeline:
Key Proposed Waiting Periods
Standard ILR route: 10 years
Legal migrants claiming benefits for under 12 months: 15 years
Post-Brexit health & social care visa holders: 15 years (currently five)
Migrants relying on benefits for more than 12 months: 20 years, the longest waiting period anywhere in Europe
The plan creates a new “earned settlement” model, where applicants must show a positive contribution to the UK’s economy and society.
Eligibility Will Become More Stringent
Migrants applying for settlement would need to meet higher minimum standards, including:
A-level equivalent proficiency in English
At least three years of earnings above £12,570
A clean criminal record
Evidence of social integration
The government says these measures are intended to address rising migration levels. According to the Home Office, net migration added 2.6 million people to the UK population between 2021 and 2024. As a result, settlement approvals are projected to surge, with 1.6 million people expected to obtain ILR between 2026 and 2030.
Accelerated Routes for Key Workers and High Earners
While most migrants face longer timelines, certain groups may qualify faster:
NHS doctors and nurses: Eligible after five years
Entrepreneurs, high earners, and “exceptional talent” migrants: Possible settlement after just three years
Children under 18: May secure settlement alongside parents
Vulnerable groups (refugees, domestic abuse survivors, bereaved partners): Existing fast-track protections remain
Notably, adult dependants will no longer automatically gain settled status with the primary applicant.
Political Reactions and Warnings From Labour, Conservatives, and Unions
The proposals drew swift responses across the political spectrum.
Conservative Response
Shadow Home Secretary Chris Philp accused Labour of adopting immigration policies his party had previously supported, warning the reforms may create new loopholes. He reiterated calls for a formal cap on migration.
Union Concerns
Public services union Unison criticized the plan, arguing it would destabilize key sectors already under pressure.
General secretary Christina McAnea warned that extending uncertainty for essential workers, many of whom served during the COVID-19 pandemic could undermine schools, social care, and health services.
Rollout Timeline
The proposals stem from measures originally outlined in the government’s May immigration white paper. A public consultation is underway, ending 12 February, with final changes scheduled for introduction in spring 2026.
The ILR overhaul follows another announcement this week: a major restructuring of the asylum system, including the end of permanent refugee status in favour of 30-month reviews.
Light Analysis: What This Means for Migrants and the UK
The proposed system signals a significant shift from automatic timelines to contribution-based settlement. While this may reduce long-term migration levels, it also raises questions about workforce stability in health and social care sectors already struggling with global shortages.
With the UK relying heavily on migrant labour during and after the pandemic, critics argue that extending uncertainty may discourage much-needed talent. Supporters, however, say it encourages deeper integration and ensures migrants build stable lives before gaining permanent status.
Disclaimer
This article is an independent rewrite based on publicly available information. It does not provide legal advice. For personal immigration guidance, consult a qualified immigration professional or official government resources.