As the UK government pushes for tighter immigration controls, major changes are on the horizon, and they centre around how migrants settle in the country long-term. If you’re a migrant aiming to secure Indefinite Leave to Remain (ILR), the rules you’re preparing for may soon be obsolete.
Under Labour’s newly announced contribution-based settlement model, the process of securing ILR could become not only more selective, but also more demanding.
So, what do you need to know? And more importantly, do migrants now have to earn the right to stay in the UK permanently?
What Is Indefinite Leave to Remain?
Indefinite Leave to Remain (ILR) is an immigration status that grants you the right to live, work, and study in the United Kingdom without time restrictions. It is commonly referred to as “settlement” or “settled status.”
ILR is often the final step before applying for British citizenship, and once granted, it removes the need to extend your visa. Unlike limited leave visas, ILR is not tied to a job or sponsor, offering long-term stability and security.
However, you must not spend more than two years outside the UK, or you risk losing the status. Traditionally, ILR has been granted after five years of continuous lawful residence under eligible immigration routes.
Why Is It So Important in UK Immigration?
ILR plays a pivotal role in the UK immigration system because it is the gateway to permanent residence and, ultimately, British citizenship. It allows you to access a wide range of rights, including public services, education, and in some cases, certain benefits.
More importantly, it frees you from the need to renew your visa or comply with changing sponsorship requirements.
Some key advantages include:
- The ability to live and work in the UK indefinitely
- Eligibility to apply for British citizenship after 12 months
- No immigration restrictions on employment or business
Given the complexity of immigration rules and visa limitations, ILR offers long-term certainty. It’s especially crucial now, as the UK government moves towards a contribution-based model that may significantly raise the bar for future applicants.
How Is the New Contribution-Based Settlement Model Reshaping ILR?
In September 2025, the Home Office published its new contribution-based settlement model. According to Mahmood, the aim is to “reduce net migration, boost integration and reduce pressure on public services.”
Key features include:
- Minimum residence of 10 years to qualify for ILR (doubling the current five-year period)
- Migrants must be in work, pay National Insurance, avoid benefits, learn English to a high standard, keep a spotless criminal record, and give back to their communities
- Early settlement is possible for high contributors
- Delays or refusal for those with non-compliance, low integration or criminal issues
This moves the UK away from a time-served model towards a “you must earn it” approach.
How Will Contribution Be Measured Under the New Rules?
You’ll need to evidence:
- Employment records or payslips
- National Insurance contributions over a set period
- Proof of English proficiency at a high standard
- No criminal record or police cautions
- Voluntary or community work
Those failing to meet these standards will wait longer or be refused outright.
Who Might Qualify for Early ILR and Who Could Be Barred?
Migrants who excel in contribution, for example, highly skilled workers, high earners or long-term volunteers, may still earn ILR before 10 years. However, those who claim benefits, have poor integration or criminal records may face indefinite delays or bans.
When Will These ILR Changes Take Effect and Who Will Be Affected the Most?
The Home Secretary confirmed that these changes will be subject to a public consultation launched by the end of 2025. The final rules are expected to roll out in early 2026.
Officially, the new rules won’t apply retrospectively, but LBC reports that Mahmood is considering emergency legislation to stop recent arrivals (post-2021) from qualifying automatically under current rules. This could affect up to one million people.
Groups most affected:
- Skilled workers who came after Brexit
- Health and social care workers admitted under Boris Johnson’s visa scheme (the “Boriswave”)
- Family visa applicants approaching ILR
- Non-EU citizens without settled status
If you’re in one of these categories, it’s crucial to follow the consultation process and prepare for new requirements.
Why Has the Home Office Introduced These ILR Reforms Now?
Shabana Mahmood argues that Britain’s “open, tolerant, generous” character is at risk from uncontrolled immigration. Between 2021 and 2024, 2.6 million more people entered than left the UK, including 710,000 under the health and social care visa.
The Home Office says the reforms will:
- Restore public confidence
- Reduce illegal working and benefit abuse
- Ensure fairness for those already here
- Secure borders and cut small boat crossings
Mahmood also launched a “Winter of Action” to tackle shop theft and anti-social behaviour, partnering police with businesses in over 600 towns, a symbolic link between border control, community safety and public order.
In her conference speech, Mahmood warned: “If we do not rise to this challenge, our vision of an open, tolerant, generous country will wither.”
What Are the Key Requirements for Earning Indefinite Leave to Remain in 2026 and Beyond?
Although the full list is still under review, these are the proposed conditions for ILR under the contribution-based model:
| Requirement | Description |
| Time in UK | 10 years lawful residence (or less for exceptional contribution) |
| Employment | Must be in legal, ongoing work |
| National Insurance | Minimum contributions (exact threshold to be set) |
| Benefits | No benefits claimed during qualifying period |
| English Proficiency | High standard of written and spoken English |
| Criminal Record | Spotless record required |
| Community Involvement | Volunteering or other local contributions |
What Does “Giving Back to the Community” Actually Mean?
Examples could include volunteering with charities, local councils, schools, or community health programmes. The government hasn’t yet defined how hours will be tracked, but expects migrants to provide evidence.
Will the New ILR Tests Be the Same for All Migrants?
Probably not. Elderly, disabled or humanitarian migrants may get exemptions. Skilled workers may face different thresholds than care workers. The consultation will clarify this.
How Do Labour’s and Reform UK’s Immigration Plans Differ on ILR?
This is now a defining political clash. Labour wants to tighten ILR rules but keep it. Reform UK wants to scrap it.
| Policy Aspect | Labour | Reform UK |
| ILR Eligibility | 10 years + contribution tests | ILR abolished entirely |
| Early Settlement | Possible for high contributors | Not applicable |
| Current ILR Holders | Retain status (for now) | Must reapply every 5 years |
| Benefits Access | Limited during qualification | No benefits except for citizens |
| Citizenship | Optional after ILR | Only route to permanent stay |
Prime Minister Keir Starmer called Reform UK’s policy “racist” and “immoral.” Nigel Farage hit back, accusing Labour of smearing border control supporters. This debate has become a proxy for the wider “battle for Britain’s soul.”
Could Existing Migrants Be Affected by These ILR Changes?
Officially, migrants already in the UK will keep their current pathway. But government insiders told LBC that retrospective laws are under consideration to block recent arrivals from automatic ILR under current rules.
This would hit:
- Post-2021 arrivals under the new points-based system
- Those planning to apply in January 2026 at the five-year mark
Legal experts warn that such retrospective changes could face human rights challenges.
What Do These ILR Reforms Mean for the Future of Immigration in the UK?
These reforms signal a shift from residency-based entitlement to earned settlement.
Potential outcomes:
- Fewer ILR approvals in the short term
- Higher integration expectations for migrants
- More polarised politics over migration
- Legal disputes over retrospective rules
- Public consultation battles in 2026
For migrants, it means planning your settlement path carefully, keeping records of work, contributions and community involvement.
Conclusion
As the UK redefines what it means to settle permanently, Indefinite Leave to Remain is no longer just about time served, it’s about proving your value to society.
Whether you’re planning to apply soon or guiding others through the process, you need to stay informed and proactive. The landscape is changing, and the days of automatic settlement based on residency may soon be over.
FAQs About Indefinite Leave to Remain Changes
Can ILR holders lose their status under the proposed changes?
Currently, there’s no plan to revoke existing ILR status. However, Reform UK has proposed removing ILR entirely, requiring even long-term residents to reapply every five years.
How does ILR differ from British citizenship in rights and obligations?
ILR gives you indefinite residence rights, but citizenship includes voting rights, a passport, and no future immigration conditions. ILR can be lost if you leave the UK for over two years.
Will volunteering be mandatory for all ILR applicants?
While not strictly mandatory, community involvement is expected to weigh heavily in the new ILR test. Migrants who contribute locally will likely have stronger applications.
Are there exemptions for elderly or disabled migrants under the new ILR rules?
The government hasn’t released exemptions yet, but disability and age-related considerations are likely to be part of the public consultation process.
What’s the timeline for public consultation on these ILR changes?
The consultation will begin before the end of 2025, with policy decisions likely finalised in early 2026. You can contribute via the Home Office consultation portal when it opens.
Could the 10-year ILR rule be challenged in court?
If applied retrospectively, legal experts believe the change could be challenged under Article 8 of the Human Rights Act (right to family and private life).
Will non-EU and EU citizens be treated differently under the new ILR criteria?
Migrants with EU settled status may remain unaffected. However, non-EU nationals, especially those under the points-based system, will be subject to the new ILR rules.
