Shabana Mahmood, the UK’s Home Secretary, has announced a major overhaul to the Indefinite Leave to Remain (ILR) process, extending the qualifying period from five to ten years and introducing new ‘contribution-based’ criteria for applicants.
During her first speech as Home Secretary, the Labour MP emphasized that public confidence in the immigration system has eroded, creating a climate where the UK can no longer maintain its traditional stance of being ‘open, tolerant, and generous’ without reform.
Phasing out automatic settlement
Mahmood revealed plans to implement a series of rigorous ‘good citizen’ assessments that migrants must pass to qualify for permanent residency. “The period required to live in the UK before obtaining indefinite leave to remain will soon double from five to ten years,” she stated. “Alongside this, I will be proposing a set of new eligibility tests.”
The proposed requirements are expected to include:
- Consistent employment and payment of National Insurance contributions.
- Abstaining from claiming any welfare benefits.
- Achieving a proficient level of English language skills.
- Maintaining a clean criminal record.
- Demonstrating meaningful community involvement, such as volunteering efforts.
Mahmood stressed that migrants who do not meet these standards should not automatically receive ILR. The revised framework will allow those who contribute significantly to qualify for settlement in less than ten years, while others may face extended waiting periods or be denied ILR altogether.
“Simply residing in the country is insufficient,” she remarked. “Like my own parents, individuals must earn the right to settle here permanently.”
Following the announcement, uncertainty arose regarding whether these stricter rules would apply to migrants already residing in the UK. Initial reports suggested the changes would not be retroactive, but subsequent information indicated the government is exploring ways to prevent a large group of recent arrivals from obtaining automatic ILR under existing regulations.
Mahmood is reportedly considering emergency retrospective legislation that could impact approximately one million migrants, including Nigerians who entered the UK post-2021 under the new immigration system established after Brexit. Officials anticipate legal challenges but appear prepared to defend the reforms.
However, it has been confirmed that the comprehensive ‘good citizen’ tests will be too complex to apply to current residents. Instead, the government plans to introduce a separate, expedited process to restrict migrants arriving after 2021 from gaining settlement after five years, though this alternative is expected to be less stringent than the forthcoming ILR criteria.
“Across the nation, there is a growing perception that immigration is spiraling out of control,” Mahmood said, citing the increase in small boat crossings and widespread illegal employment as key factors fueling public distrust.
The government has opened a public consultation on these proposals, with final legislative decisions anticipated once feedback has been reviewed.