The UK government plans to extend the wait for indefinite leave to remain from 5 to 10 years, barring benefit claimants and tightening immigration rules.
The Conservative Party, under the leadership of Kemi Badenoch, has announced plans to tighten immigration laws by extending the period foreign workers must reside in the UK without claiming benefits before becoming eligible for indefinite leave to remain (ILR). Under the proposed changes, immigrants will need to wait 10 years—double the current requirement—before qualifying for settled status.
Badenoch outlined the stricter rules, emphasizing that the right to permanent residency should be reserved for those demonstrating long-term commitment to the UK. The new conditions for ILR applicants would include:
- A 10-year residency requirement without claiming any state benefits.
- A ban on applicants who have ever lived in social housing.
- A requirement to have no criminal record.
- A stipulation that applicants must be net contributors to the UK economy.
Speaking on the proposed policy shift, Badenoch stated: “Our country is not a dormitory, it’s our home. The right to citizenship and permanent residency should only go to those who have demonstrated a real commitment to the UK.”
Currently, most work visas come with a “No Recourse to Public Funds” (NRPF) condition, meaning visa holders cannot access benefits or social housing. However, after five years, workers and refugees can typically apply for indefinite leave to remain, which then grants them eligibility for benefits. The new Conservative proposal would extend this waiting period to 10 years and prohibit anyone who has accessed public funds during that time from qualifying.
Additionally, the policy would impose a lifetime ban on settlement for individuals entering the UK illegally, including asylum seekers, except for those who arrive through specific “safe and legal routes”—currently limited to nationals from Afghanistan, Hong Kong, and Ukraine.
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Chris Philp, the shadow home secretary, reinforced the party’s position, arguing that immigration numbers have been “far too high” and pledging to introduce an annual cap on visa numbers, though no specific figure has been set.
The proposed restrictions are seen as a response to rising support for anti-immigration party Reform UK, which has gained traction in recent polls. Many within the Conservative Party believe that high net migration levels contributed to their electoral defeat last year. Badenoch acknowledged past failures, stating: “We promised to bring numbers down. We did not deliver that promise.”
The announcement has raised concerns over how the policy might affect those with indefinite leave to remain (ILR) or settled status under the EU Settlement Scheme. Currently, these individuals are eligible to access public funds if they meet qualifying criteria. Refugees and those granted humanitarian protection also have access to state benefits.
Legal analysts stress the need for clarity on whether these groups would be subject to the proposed restrictions.
With both Labour and the Conservatives focusing on immigration reform, the future of the UK’s migration policies remains uncertain. The government’s next steps in legislating these proposals will likely be met with legal challenges and public scrutiny.
