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The UK’s Indefinite Leave to Remain: Labour’s Proposed Reforms

Under Labour’s latest proposals, announced by Home Secretary Shabana Mahmood at the Labour Party conference, the rules around ILR are set to change significantly. The UK’s Indefinite Leave to Remain (ILR) allows migrants to live, work, and study permanently after meeting certain residency requirements.

Key Changes to Indefinite Leave to Remain

Currently, migrants can apply for ILR after five years of legal residence. Labour’s reforms aim to double this to 10 years, with the option of an earlier pathway for those who make strong contributions to the UK.

Proposed ILR Conditions

Migrants will need to prove they are integrating and contributing to British society before being granted settlement. The following conditions are expected to play a key role:

RequirementDescription
Residency periodStandard qualifying period extended from 5 years to 10 years
Earned settlement routeShorter pathway for skilled migrants or those making strong contributions
Employment & NI contributionsMust be in work and paying National Insurance
No benefitsApplicants must not rely on public benefits
English languageHigh standard of English required
Criminal recordMust have a clean criminal record
Community involvementVolunteering and contributing locally will strengthen applications

Labour’s Approach vs. Reform UK

Labour argues its policy encourages integration and contribution, contrasting sharply with Reform UK, which has pledged to abolish ILR altogether and replace it with renewable visas every five years.

  • Labour’s stance: Strengthen ILR through contribution-based criteria.
  • Reform UK’s stance: End ILR, forcing long-term migrants to reapply repeatedly.

Prime Minister Keir Starmer and Chancellor Rachel Reeves have strongly criticised Reform’s proposals, labelling them “racist” and “immoral.”

Wider Political Context

Shabana Mahmood framed the policy as part of a broader effort to keep the UK an “open, tolerant, generous country,” while addressing concerns about immigration and border control.

She emphasised that:

  • Migrants’ acceptance depends on visible contributions to local communities.
  • ILR reforms will balance compassion with fairness.
  • Tackling illegal migration and border security will remain a top priority.

What Happens Next?

The government has launched a consultation to determine the details of the earned settlement route, including how “points” will be awarded for work, language, community service, and tax contributions.

Currently, an estimated 4.5 million people already hold ILR, including around 430,000 non-EU nationals. These reforms could significantly change the pathway for future applicants.