Shabana Mahmood to Announce ILR Changes Today: What to Expect

What Are the Current ILR Requirements?

Indefinite Leave to Remain, also known as settlement, allows a person to live, work and study in the UK without a time limit on their stay. It is separate from British citizenship, which requires a further application and its own eligibility checks.

Current UK immigration law sets out a five-year qualifying period for eligible Skilled Worker and Health and Care Worker visa holders. Applicants must also meet the other requirements, including qualifying residence, the applicable salary conditions and employment. Although at present, completing five years does not automatically grant settlement.

New Proposals Could Double the Settlement Wait for Many

It is expected the Labour government will replace the current five-year qualifying period for many applicants with a ten-year requirement. Although, this could be shortened or extended according to a range of criteria such as being actively involved with the local community.

The proposals examined by the Home Affairs Committee also suggested longer waits for some workers in occupations below graduate level, alongside possible reductions linked to income.

Care Worker Protections Remain Unconfirmed

There are reports the Home Secretary’s plans could exempt social care workers already living in the UK from longer settlement waits.

Original proposals included a potential 15-year qualifying period for those workers, but it remains unclear if this will be the case and whether the actual policy will be less harsh. Especially given the ongoing shortage of health and care workers within the UK.

How Will the Changes Impact Those Working Towards Settlement?

For people already working towards settlement, it can be a worrying and uncertain time. The government has not yet confirmed if the forthcoming changes will be applied retrospectively or if those already in the UK on ILR will be able to remain on the five-year track.

How Can We Help?

If you are working towards Indefinite Leave to Remain, IAS can help you understand the requirements relevant to your visa and assess your settlement options.

Our immigration advisers can review your residence and immigration history, explain the evidence your application requires and assess how any published changes or transitional arrangements apply to your circumstances.

For tailored advice on UK settlement, visa extensions or planning your next immigration application, contact us today on +44 (0)333 414 9244.