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The Home Secretary, Shabana Mahmood, has announced significant changes to the requirements for indefinite leave to remain (ILR) in her Labour Party conference speech.

Currently, most migrants can apply for ILR after five years of lawful residence, provided they meet requirements such as English language ability, good character, and integration. ILR grants permanent residence in the UK, with the right to live, work and study without time restrictions.

Namecard for article - Angel Wan in English

Labour proposals for indefinite leave to remain

Under the new proposals, Labour intends to extend the qualifying period from five years to 10 years while also introducing tougher conditions. Migrants would need to:

  • Demonstrate high-level English language skills;
  • Maintain a clean criminal record;
  • Provide evidence of community contribution, such as volunteering; and
  • Show they are financially contributing through National Insurance without reliance on benefits.

 

Labour argues that these measures would ensure settlement is a privilege earned through integration and contribution. This aims to create a direct contrast in their approach with Reform UK, who have pledged to abolish ILR altogether and require migrants to reapply for visas every five years.

The government’s announcement comes amid heightened political attention on immigration, with Reform currently leading the opinion polls. Prime Minister Keir Starmer has criticised Reform’s policy as “racist” and “immoral,” while Labour maintains that its own proposals represent “fair migration” within secure borders.

 

Our perspective

These proposals, if implemented, would significantly raise the threshold for migrants seeking permanent residence. Extending the qualifying period to 10 years would align the UK more closely with restrictive systems seen elsewhere, while the proposed conditions introduce additional layers of scrutiny that may be challenging to evidence in practice (for example, quantifying “community contribution”).

For applicants, the changes would mean longer periods of immigration uncertainty, higher application costs over time, and potentially greater vulnerability if unable to meet the new criteria. Employers may also face retention challenges if valued staff cannot progress to secure status.

While Labour’s proposals stop short of Reform’s radical abolition of ILR, they still mark a clear shift towards tougher settlement requirements. Migrants and employers alike should monitor developments closely and, where possible, plan early to secure ILR under the current five-year route before any reforms are enacted.

 

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author avatar
James Cook

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