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UK Immigration Rules After Andy Burnham Becomes Prime Minister

Andy Burnham officially became UK prime minister on 20 July 2026 and reappointed Shabana Mahmood as home secretary. Her retention immediately raised an important question for migrants: will the new government continue Labourโ€™s plans to make work visas, permanent settlement and British citizenship more difficult?

The short answer is that Burnhamโ€™s arrival in Downing Street has not yet changed the core Immigration Rules. Skilled Worker visa requirements remain the same, the existing five-year route to Indefinite Leave to Remain remains legally available, and no new British citizenship rules have been introduced.

However, the political signs point towards continued strict immigration control. Burnham supported the governmentโ€™s Immigration and Asylum Bill before becoming prime minister, while Mahmood remains in charge of the Home Office. The area most likely to be reconsidered is whether tougher settlement rules should apply retrospectively to migrants already living legally in the UK.

UK immigration under Andy Burnham: position at a glance

Immigration areaCurrent position on 22 July 2026Change made by Burnham
Skilled Worker visaExisting salary, skill and English-language requirements continueNo change
Skilled Worker ILRFive-year qualifying period remains in forceNo change
Proposed 10-year settlement routeConsultation completed, but final rules have not been publishedNo final decision
British citizenshipExisting naturalisation requirements continueNo change
Care-worker recruitmentNew overseas recruitment remains closedNo reversal
Graduate visaTwo years until 31 December 2026; 18 months from 1 January 2027No reversal announced
Settlement English requirementB2 speaking and listening from 26 March 2027Already legislated before Burnham
Immigration and Asylum BillPassed its Commons second reading but is not yet fully enactedBurnham voted in favour
Digital identity schemeBurnham has scrapped the planned national digital ID projectFirst clear immigration-related policy change

The official collection of Immigration Rule amendments was last updated on 9 July 2026โ€”before Burnham became prime minister. No Burnham-era Statement of Changes has yet been published.

Has Burnham introduced new Skilled Worker visa rules?

No. Becoming prime minister does not automatically alter visa conditions, sponsorship requirements or pending applications.

The current Skilled Worker system continues to require applicants to have:

  • A job offer from a Home Office-approved sponsor.
  • A valid Certificate of Sponsorship.
  • An eligible occupation.
  • The required salary and occupational going rate.
  • English-language ability at the relevant level.
  • Compliance with suitability, financial and other applicable requirements.

Current Skilled Worker requirements

RequirementCurrent rule
Normal skill levelThe job must normally be skilled to RQF Level 6 or above
Medium-skilled jobsGenerally eligible only where included on the Immigration Salary List or Temporary Shortage List, subject to transitional exceptions
Standard salaryAt least ยฃ41,700 a year or the occupationโ€™s full going rate, whichever is higher
General reduced thresholdNormally at least ยฃ33,400 where a permitted discount applies
Relevant non-STEM PhDAt least ยฃ37,500 and 90% of the going rate
Relevant STEM PhDAt least ยฃ33,400 and 80% of the going rate
New entrantsAt least ยฃ33,400 and 70% of the going rate, subject to the four-year limit and other conditions
Certain healthcare and education jobsAt least ยฃ25,000 or the applicable national-pay-scale going rate, whichever is higher
English for new applicantsB2 in reading, writing, speaking and listening
Visa durationUp to five years at a time, with extensions possible

The governmentโ€™s current Skilled Worker guidance confirms the standard salary of ยฃ41,700 and the restrictions on medium-skilled occupations.

Applicants granted Skilled Worker permission under older rules may benefit from transitional salary, skill or English-language arrangements. For example, someone who held Skilled Worker permission before 8 January 2026 may continue to rely on B1 English when extending or updating their visa in qualifying circumstances.

What about dependants?

Workers in most higher-skilled occupations can still bring qualifying partners and children.

However, new applicants sponsored in medium-skilled jobs on the Immigration Salary List or Temporary Shortage List are normally prevented from bringing dependants. Separate restrictions also apply to care workers and senior care workers.

Burnham has not announced any relaxation of these restrictions.

Care-worker visas remain closed to new overseas recruitment

The closure of overseas recruitment for care workers and senior care workers remains in effect.

Since 22 July 2025, a person cannot normally apply from outside the UK for sponsorship as a care worker or senior care worker. Limited in-country switching remains available until 22 July 2028 where, among other requirements, the worker has legally worked for the sponsoring employer in the relevant care role for at least three months.

Existing sponsored care workers may still be able to extend their permission or change employers where they meet the relevant requirements. No Burnham government reversal has been announced.

Has the Skilled Worker ILR period increased to ten years?

No. The ten-year settlement period is not currently the law.

Under the Immigration Rules in force on 22 July 2026, a Skilled Worker can still apply for ILR after completing five continuous qualifying years.

Applicants must normally:

  • Complete five years on qualifying work routes.
  • Spend no more than 180 days outside the UK in any 12-month period, subject to permitted exceptions.
  • Meet the applicable ILR salary and going-rate requirement.
  • Remain required by an approved sponsor for the foreseeable future.
  • Pass the Life in the UK Test.
  • Satisfy suitability and continuous-residence requirements.

The current Immigration Rules expressly retain the five years.

Current Skilled Worker ILR salary requirements

The normal ILR salary requirement is the higher of:

  • ยฃ41,700 a year; or
  • The full going rate for the occupation.

Lower thresholds continue for certain Immigration Salary List workers, healthcare and education workers, and people protected by older transitional arrangements. These can include thresholds of ยฃ33,400, ยฃ31,300 or ยฃ25,000, depending on the applicantโ€™s immigration history and occupation.

What has happened to Mahmoodโ€™s ten-year โ€œearned settlementโ€ plan?

The Home Office consultation proposed replacing automatic settlement after a fixed period with a contribution-based model. The consultation closed on 12 February 2026, but the government is still officially analysing the responses. No final outcome or complete Immigration Rules have been published.

Therefore, the following remain proposals rather than current rules:

Proposed categoryProposed settlement period
Standard qualifying period10 years
Work below RQF Level 615 years
Taxable income above ยฃ50,270 for three yearsPossible five-year route
Taxable income above ยฃ125,140 for three yearsPossible three-year route
Specified skilled public-service occupation for five yearsPossible five-year route
Global Talent or Innovator FounderPossible three-year route
Public funds claimed for less than 12 monthsPotential 15-year route
Public funds claimed for more than 12 monthsPotential 20-year route
Illegal entry, visitor entry or substantial overstayingPotential route of up to 30 years
Refugees under the core-protection modelProposed 20-year route

The consultation also proposed mandatory conditions including a clean criminal record, sustained National Insurance contributions, no outstanding debt to the state and B2 English.

Would the changes affect people already in the UK?

Mahmoodโ€™s original proposal was that the new system could apply to people already in Britain who had not obtained ILR when the new rules commenced. However, the consultation specifically requested views on transitional protection.

Burnham has criticised retrospective changes that could leave migrants who entered under the five-year route in โ€œa sense of limboโ€. He said before becoming prime minister that he had not reached a final decision.

This means the most important unresolved questions are:

  • Whether existing Skilled Workers will retain the five-year route.
  • Whether care workers already in the UK will receive an exemption.
  • Whether new rules will apply only to people entering after a future commencement date.
  • Whether ILR will still be granted after five years but access to benefits will be delayed.
  • Whether people close to completing five years will receive transitional protection.

Until formal rules are published, a Skilled Worker who currently qualifies after five years can continue to apply under the existing provisions.

One settlement change is already confirmed for 2027

A higher English-language requirement for settlement has already been placed in the Immigration Rules.

For relevant applications made on or after 26 March 2027, Skilled Workers and qualifying dependants will generally need B2 English in speaking and listening, unless an exemption applies.

This change was enacted under the previous Starmer government in March 2026. It was not introduced by Burnham, although his government could theoretically amend it before implementation. No such reversal has been announced.

Have British citizenship rules changed under Burnham?

No. No new naturalisation legislation has been introduced since Burnham became prime minister.

Current citizenship requirements for most ILR holders

RequirementCurrent position
ResidenceAt least five years in the UK
Immigration statusNormally ILR or settled status for at least 12 months
EnglishB1 or higher, an accepted English-taught degree or an applicable exemption
Knowledge of the UKLife in the UK Test
AbsencesNormally no more than 450 days in five years and 90 days in the final 12 months
Physical presenceApplicant should have been physically present in the UK exactly five years before applying
ConductMust satisfy the good-character requirement
Future intentionNormally intend to continue living in the UK
Current feeยฃ1,839, including the citizenship ceremony fee

The existing requirements are confirmed in theย official

Applicants married to British citizens

A person married to or in a civil partnership with a British citizen can normally apply after three yearsโ€™ UK residence as soon as they hold ILR or settled status. They do not normally need to wait 12 months after receiving ILR.

Their permitted absences are normally no more than 270 days during the three-year period and 90 days during the final year.

Good-character restrictions remain strict

Citizenship applicants who apply from 10 February 2025 and previously entered the UK illegally will normally be refused, regardless of how long ago the illegal entry occurred. Similar guidance applies to certain arrivals made without required entry clearance or authorisation following a dangerous journey.

This policy predates Burnham and remains in force.

Could citizenship become contribution-based?

The 2025 Immigration White Paper proposed extending the contribution-based approach from settlement to citizenship. However, no detailed citizenship model has yet been adopted.

The earned-settlement consultation confirms that changes to naturalisation would require primary legislation amending the British Nationality Act 1981. The government said citizenship reform should follow final decisions on settlement.

For now:

  • There is no ten-year citizenship residence requirement.
  • There is no new income threshold for citizenship.
  • There is no citizenship points system.
  • B1 remains the normal English standard for naturalisation.
  • The 12-month ILR waiting period remains for applicants not married to British citizens.

Nevertheless, if ILR is eventually delayed from five to ten years, citizenship would also be delayed indirectly because most migrants must obtain ILR before naturalising.

Graduate visa and other inherited changes

Burnham has not reversed the already-enacted reduction of the Graduate visa.

Applicants who apply on or before 31 December 2026 can receive two years. Applications submitted from 1 January 2027 will normally receive 18 months. PhD and other doctoral graduates will continue to receive three years.

The latest pre-Burnham Statement of Changes, HC 259, will also introduce several technical amendments on 30 July and 3 August 2026. These include EUSS, family, Graduate-route and suitability changes. Its Skilled Worker amendments do not change the ยฃ41,700 salary threshold, RQF Level 6 policy or five-year settlement period. The package was published under the Starmer government.

Burnhamโ€™s first immigration-related reversal: digital ID

Burnham has scrapped Starmerโ€™s proposed national digital identity scheme, with resources redirected towards cost-of-living policies.

This does not change a personโ€™s visa, immigration status or right to work. Employers must continue conducting right-to-work checks through existing documents and online Home Office services. Burnham is also expected to retain plans to extend right-to-work responsibilities to parts of the gig economy.

Will Shabana Mahmood continue her strict policies?

The evidence currently suggests broad continuity, but possibly with changes to retrospective settlement provisions.

Why strict policies are likely to continue

First, Mahmood was formally reappointed as Home Secretary on 20 July 2026.

Second, Burnham voted in favour of the Immigration and Asylum Bill at its second reading on 13 July. The Bill passed by 264 votes to 90.

The Bill proposes:

  • Replacing much of the existing asylum appeals structure with an Independent Immigration Appeals Authority staffed by adjudicators.
  • Tightening Article 8 family- and private-life claims.
  • Giving greater weight to immigration control and deportation.
  • Narrowly defining family relationships in many Article 8 cases.
  • Making it harder for foreign criminals to prevent removal.
  • Tightening modern-slavery protections where claims are considered abusive or delayed.
  • Recovering asylum-support costs from people who can afford to contribute.

However, the Bill is still going through Parliament. Passing second reading does not mean every provision is already law.

Where Burnham may take a different approach

Burnham appears supportive of stronger borders, enforcement and lower migration, but he has shown more concern about changing the settlement expectations of people already legally in the UK.

The most likely outcome is therefore:

  • Skilled Worker restrictions remain.
  • Overseas care-worker recruitment remains closed.
  • Graduate visa reductions continue.
  • Tougher asylum and Article 8 legislation continues through Parliament.
  • B2 settlement English proceeds in March 2027.
  • The ten-year earned-settlement model continues to be developed.
  • Transitional arrangements or exemptions for existing migrants may be expanded.
  • The retrospective 15-year route for existing care workers may be softened or reconsidered.

Final assessment

Andy Burnhamโ€™s appointment has not produced an immediate immigration-rule reset. As of 22 July 2026, Skilled Worker visa holders still have a five-year legal route to ILR, citizenship rules remain unchanged, and the ten-year earned-settlement system remains a proposal awaiting final government decisions.

Keeping Shabana Mahmood as Home Secretary and Burnhamโ€™s support for the Immigration and Asylum Bill strongly indicate that the government will continue a restrictive immigration strategy. But it is not yet possible to say that Burnham has approved every element of Mahmoodโ€™s settlement planโ€”particularly its application to migrants already in the UK.

For existing Skilled Workers, the crucial document will be the governmentโ€™s eventual response to the earned-settlement consultation and the accompanying Statement of Changes. Until that is published, claims that the five-year ILR route has already been abolished are legally incorrect.