What will Andy Burnham do on immigration?

Andy Burnham became UK prime minister on 20 July 2026. One of his first important decisions was to keep Shabana Mahmood as Home Secretary.

This immediately raised questions for migrants. Will the new government introduce tougher visa rules? Will the five-year route to Indefinite Leave to Remain, known as ILR, be increased to 10 years? And will care workers already living in Britain receive special protection?

The team at Visa Guru has prepared a special report on this topic and has tried to cover all related aspects in this article. For now, the legal position in immigration changes is clear. Burnham has not abolished the five-year Skilled Worker or Health and Care Worker settlement route. The proposed 10-year and 15-year ILR periods are not yet law.

However, Burnham is expected to continue strict immigration and border policies. The main area he may reconsider is how the new settlement system would affect people who entered the UK legally under the existing five-year route.

UK immigration under Andy Burnham

Immigration category	Current position and requirements	Expected changes under Andy Burnham
Skilled Worker visa	Applicants need an approved sponsor, a Certificate of Sponsorship, an eligible job, the required salary and the correct level of English.	No general relaxation is expected. Skill, salary, English and sponsorship requirements are likely to remain strict.
Medium-skilled workers	Sponsorship is generally limited to jobs on the Immigration Salary List or Temporary Shortage List. Many applicants cannot bring dependants.	Restrictions are expected to remain. Employers may be required to invest more in British workers and training.
Skilled Worker ILR	Qualifying workers can still apply after five years. They must meet salary, sponsorship, residence, suitability and Life in the UK requirements.	Existing visa holders may be allowed to complete the five-year route. Another option is five-year ILR with continued restrictions on access to benefits.
Standard earned settlement	The proposed 10-year qualifying period has not taken effect.	A 10-year starting period may be introduced for future migrants. Burnham is expected to review whether it should apply to people already in Britain.
Low and medium-skilled ILR	Workers on qualifying routes can currently obtain ILR after five years.	The proposed system has a 15-year starting period for these jobs. Existing workers may receive transitional protection.
Existing care workers	Qualifying Health and Care Worker visa holders can currently apply for ILR after five years.	Existing overseas care workers may be exempted from the proposed 10- or 15-year periods. No exemption has yet been confirmed.
Overseas care-worker recruitment	Direct overseas recruitment has been closed since 22 July 2025.	The overseas route is not expected to reopen. Any protection is likely to focus on workers already in the UK.
Care-worker switching	Limited in-country switching remains possible until 22 July 2028, subject to the relevant conditions.	No reversal has been announced. Existing workers may receive stronger settlement protection.
Care-worker dependants	Existing dependant restrictions continue.	The government must decide whether dependants will be covered by any transitional arrangements.
NHS and public-service workers	Qualifying workers can normally use the existing five-year settlement route.	Some NHS, healthcare and teaching professionals may retain or receive a five-year route under earned settlement.
High earners	Current visa and settlement requirements continue.	Those earning more than £50,270 for the required period could qualify after five years. People earning over £125,140 could qualify after three years.
Global Talent and Innovator Founder	Settlement depends on the conditions of the particular route.	A three-year ILR route may continue under the proposed earned-settlement model.
Settlement English	B2 speaking and listening will generally be required on affected routes from 26 March 2027.	Burnham has not announced a reversal. The higher English requirement is expected to proceed.
Graduate visa	Applications made by 31 December 2026 receive two years. Applications from 1 January 2027 normally receive 18 months. Doctoral graduates receive three years.	The reduction to 18 months is expected to continue.
British citizenship	Existing residence, ILR, English, Life in the UK, absence and good-character conditions remain.	No immediate change is confirmed. Longer ILR periods could indirectly delay citizenship.
Refugee settlement	Existing rules remain unless formally changed.	Temporary refugee status and a possible 20-year settlement starting point remain under consideration.
Immigration appeals	The existing appeal system continues while the Immigration and Asylum Bill passes through Parliament.	More cases could be handled by independent adjudicators under a faster appeal system.
Article 8 claims	Migrants can rely on qualifying family and private-life rights in removal cases.	Family-life arguments may be restricted, particularly in deportation cases involving foreign criminals.
Asylum accommodation	The Home Office continues to use hotels and private accommodation providers.	Burnham wants to close asylum hotels, review private contracts and give councils more responsibility.
Asylum-support costs	Eligible asylum seekers currently receive accommodation and basic support.	Those who can afford to contribute may be required to repay some support or accommodation costs.
Digital identity	Burnham has cancelled the proposed national digital ID scheme.	Existing online immigration status and right-to-work systems will remain.
Right-to-work checks	Employers must check that workers have legal permission to work.	Enforcement is expected to increase, with more responsibility placed on employers and possibly gig-economy businesses.
EU Settlement Scheme	People protected under the EU Settlement Scheme are outside the proposed earned-settlement reforms.	No major change is currently expected.
Existing migrants generally	People who qualify under the present rules can still apply through their existing route.	Burnham may protect current visa holders through transitional or “grandfathering” arrangements.
Benefits after ILR	ILR normally removes the “no recourse to public funds” restriction, depending on individual circumstances.	One option is to grant ILR after five years but delay access to some benefits until citizenship or a later date.
Illegal entry and overstaying	Existing refusal, suitability and good-character rules apply.	Illegal entry or serious overstaying could add up to 20 years, potentially creating a settlement route of up to 30 years.

Burnham is expected to continue strict immigration policies

Burnham supported the Immigration and Asylum Bill before becoming prime minister. He voted for it at its second reading on 13 July 2026.

The Bill passed in the House of Commons by 264 votes to 90. Fourteen Labour MPs voted against it.

Burnham’s support suggests that Labour’s stricter immigration programme will continue. The Bill proposes major changes to the asylum and appeals system, including:

A faster immigration appeals process.
Greater use of independent adjudicators.
Tighter Article 8 family and private-life rules.
Stronger powers to remove foreign criminals.
Restrictions on modern-slavery claims considered late or abusive.
Greater importance being given to immigration control in deportation cases.
Financial contributions from asylum seekers who can afford to pay towards their support.

The Bill is still passing through Parliament. Its second reading did not automatically bring every proposal into law.

Burnham also wants to reduce small-boat crossings. However, he may support safe and controlled routes for a limited number of refugees applying from outside Britain.

The Financial Times describes Burnham’s position as an attempt to satisfy people who want stronger borders without losing Labour supporters who want a fairer and more compassionate asylum system.

Have Skilled Worker visa rules changed?

Burnham’s arrival in Downing Street has not changed the main Skilled Worker requirements.

Applicants must still have:

A job offer from a Home Office-approved sponsor.
A valid Certificate of Sponsorship.
An eligible occupation.
The required salary or occupational going rate.
The correct level of English.
Enough money where the financial requirement applies.
A suitable immigration and criminal record.

The normal Skilled Worker salary is generally at least £41,700 per year or the full going rate for the occupation, whichever is higher.

Lower thresholds may apply to new entrants, people with relevant PhD qualifications and certain healthcare or education workers. Some workers covered by older transitional arrangements may also qualify under different salary or English-language rules.

Workers in most higher-skilled occupations can still bring qualifying partners and children. However, restrictions remain for care workers and people sponsored for many medium-skilled occupations. Burnham has not announced any relaxation of these restrictions.

Does the five-year ILR route still exist?

Yes. The five-year Skilled Worker and Health and Care Worker ILR route remains legally available.

A qualifying worker must normally:

Complete five continuous years on an eligible route.
Spend no more than 180 days outside the UK during any 12-month period.
Meet the relevant ILR salary and going-rate requirement.
Continue to be required by an approved sponsor.
Pass the Life in the UK Test.
Meet the suitability and continuous-residence rules.

The government’s current guidance still says that a Skilled Worker or Health and Care Worker must normally live in the UK for five years before applying for ILR.

Claims that the five-year route has already been replaced by a 10-year route are therefore incorrect.

What is the proposed earned-settlement system?

The government wants to replace the normal fixed settlement period with a contribution-based system.

The consultation closed in February 2026 after receiving more than 200,000 responses. The Home Office is still considering those responses, and the final rules have not been published.

Under the proposal, the normal starting period would be 10 years. The period could then be reduced or increased according to a person’s work, income, immigration history and use of public funds.

A person earning more than £50,270 for the required period could receive a five-year reduction, allowing settlement after five years. Someone earning above £125,140 could receive a seven-year reduction and qualify after three years.

Certain NHS, healthcare, teaching and other public-service workers may also qualify after five years.

Global Talent and Innovator Founder migrants could remain eligible for settlement after three years.

People working in jobs classed as low or medium-skilled would begin from 15 years rather than 10. This group would include many social care workers.

The qualifying period could also be increased where a person has claimed benefits. Illegal entry or serious overstaying could lead to a route of up to 30 years.

Refugees could begin from a 20-year settlement period, although work or study might allow some people to reduce it.

Proposed minimum requirements include:

No criminal conviction.
Sufficient income or National Insurance contributions.
B2 English.
No outstanding debt to the government.
Compliance with immigration and suitability rules.

These remain proposals. The exact requirements may change when the government publishes its final response.

Will the longer ILR period affect migrants already in Britain?

This is the most important unresolved question. Mahmood’s original proposal suggested that the new system could apply to anyone who had not received ILR by the time the rules changed. This could affect people who came to Britain expecting to qualify after five years.

Burnham has raised concerns about changing the rules for people already living legally in the country. He said retrospective changes could leave migrants in a state of uncertainty.

Several options are reportedly being discussed. Current visa holders could be allowed to finish their original five-year route. The 10-year system could then apply only to people arriving after a future starting date.

Another possibility would allow people to obtain ILR after five years while keeping restrictions on their access to benefits. Full access to public funds could be delayed until citizenship or until the person completes a longer residence period.

Special protection may also be provided to people who are close to completing five years.

Some credible reports suggest that officials are examining ways to protect migrants who entered under the established rules. However, no transitional arrangement has yet been confirmed.

Could care workers keep the five-year ILR route?

Existing overseas care workers appear to have a realistic chance of receiving special protection.

Most social care jobs are below RQF Level 6. Under the proposed earned-settlement model, care workers could therefore begin from a 15-year qualifying period.

Burnham has not formally promised that care workers will continue to receive ILR after five years. However, reports suggest that his government is seriously considering an exemption for care workers already living and working in Britain.

Such an exemption may allow existing care workers to finish the five-year route under which they entered the country.

The government still needs to explain:

Which care-worker occupation codes would qualify.
Whether senior care workers would be included.
Which arrival or visa date would be used.
Whether dependants would receive the same protection.
Whether completed residence would count in full.
Whether the existing five-year route would be preserved.
Whether new income and English requirements would apply.
Whether future entrants would face different rules.

An exemption would not mean automatic ILR. Care workers would still need to complete the required period and satisfy the salary, sponsorship, residence and suitability conditions.

The possible exemption remains under consideration. It is not yet official government policy.

Burnham praises overseas care workers

Burnham gave an important speech about social care on 29 July 2026. He spoke about his personal experience of watching carers look after his father, who has Alzheimer’s.

He praised their professionalism, skill and compassion. He also thanked workers who had come to Britain from other countries, telling them that their work was appreciated.

Burnham said care workers should be among the best-paid people in society rather than the worst paid. His wider social care programme includes:

A Fair Pay Agreement from 2028–29.
Better training for care workers.
Greater employment and job security.
Career routes from social care into NHS positions.
Closer integration between NHS and social care staff.
Bringing forward Baroness Louise Casey’s social care review.
Developing a National Care Service alongside the NHS.
Beginning cross-party talks on long-term social care reform.

The speech did not include an ILR or visa announcement. However, it strengthened the expectation that Burnham may protect overseas care workers from a 15-year settlement period.

Why care workers may receive protection

England continues to face serious social care recruitment and retention problems. Visa Guru reports that there were around 96,000 vacant adult social care jobs on an average day during 2025–26. The vacancy rate had fallen to 6.2%, but it was still around three times higher than the rate across the wider economy.

Overseas workers have helped fill these gaps. A 15-year wait for ILR could encourage some workers to leave social care for jobs offering a shorter route. Others may decide to leave Britain.

Keeping workers dependent on employer sponsorship for another 10 or 15 years may also increase the risk of exploitation. Some workers may feel unable to complain about poor conditions because they fear losing their sponsorship and immigration status.

These practical problems provide a strong reason for the government to protect existing workers.

Will the overseas care-worker route reopen?

A settlement exemption would not reopen overseas care-worker recruitment. Direct recruitment from abroad for care workers and senior care workers ended on 22 July 2025.

Limited switching from inside Britain remains possible until 22 July 2028. The applicant must satisfy the relevant requirements, including lawful employment with the sponsoring employer in the care role for the required period.

Existing sponsored care workers may also be able to extend their visas or change employers where they meet the rules.

The present discussion is therefore about protecting workers already in Britain, not restarting large-scale recruitment from overseas.

Graduate visa rules under Burnham

Burnham has not reversed the reduction in the Graduate visa period. Students applying on or before 31 December 2026 can receive permission for two years. Applications made from 1 January 2027 will normally receive 18 months. PhD and other doctoral graduates will continue to receive three years.

Settlement English requirement

A higher English requirement has already been added to the Immigration Rules.

For relevant applications made from 26 March 2027, affected Skilled Workers and qualifying dependants will generally need B2 English in speaking and listening.

This measure was approved before Burnham became prime minister. He could theoretically change it, but no reversal has been announced.

Have British citizenship rules changed?

Burnham has not introduced new British citizenship rules. Most applicants must still:

Have lived in the UK for at least five years.
Hold ILR or settled status, normally for at least 12 months.
Meet the English-language requirement.
Pass the Life in the UK Test.
Meet the good-character requirement.
Remain within the permitted absence limits.
Have been physically present in Britain exactly five years before applying.

People married to British citizens can normally apply after three years of residence as soon as they receive ILR. They do not usually need to wait another 12 months.

There is currently no 10-year citizenship requirement, new citizenship income threshold or citizenship points system.

However, longer ILR periods would indirectly delay citizenship because most migrants must obtain ILR before they can naturalise.

Digital identity and right-to-work checks

Burnham has cancelled the proposed national digital identity scheme. This is his clearest immigration-related reversal so far.

Cancelling the scheme does not change anyone’s visa, right to work or immigration status. Employers must continue to check workers through accepted documents and Home Office online services.

Dazzling Dawn reports that the government still plans to expand the illegal-working enforcement system. Businesses may face greater responsibility for checking employment status, including in parts of the gig economy.

Asylum hotels and private contracts

Burnham has promised to address the use of asylum hotels and private accommodation contracts.

He wants councils to have more influence over where asylum seekers are housed. Responsibility for accommodation could be moved away from large private providers and returned to local authorities.

This approach would allow Burnham to argue for stronger local control while avoiding language that blames refugees for the cost and failures of the asylum accommodation system.

What happens next?

The Home Office is expected to publish its response to the earned-settlement consultation later in 2026.

It must then issue a formal Statement of Changes to the Immigration Rules before a new settlement system can take effect. Publication of the proposals alone would not automatically change the law. The government would also need to provide a starting date and explain the transitional arrangements.

Until that happens, the position remains straightforward:

Skilled Worker and Health and Care Worker visa holders can still qualify for ILR after five years.
The 10-year and 15-year periods are proposals.
Care workers have not yet received a formal exemption.
Existing migrants may receive transitional protection.
The overseas care-worker route remains closed.
Graduate visa reductions and the B2 settlement English requirement are expected to continue.
British citizenship rules remain unchanged.
Stricter asylum, appeals and border enforcement policies are likely to continue.

Burnham appears ready to maintain strong immigration controls. But he may take a different approach towards people who already live legally in Britain and have built their lives around the five-year settlement promise.

Existing care workers, NHS staff and other long-term contributors may have the strongest case for protection. The final answer will come only when the Home Office publishes the new Immigration Rules.

Team Visa Guru, in cooperation with migration expert Umer Rasib and other credible sources.