Home Office May Exclude 1.6 Million Migrants from 10-Year ILR Rule, The Times Reports
The Times reported that the Home Office is considering a compromise under which migrants who arrived in the UK since 2021 might retain the five-year route to indefinite leave to remain but they may have to wait longer before they can get benefits.
The Home Office is thought to be preparing a big retreat on plans to quadruple the length of time needed to qualify for indefinite permission to remain (ILR), according to a report in The Times on 13 July 2026.
The study, by The Times’ Home Affairs Editor Matt Dathan, says up to 1.6million migrants who arrived in the UK since 2021 could be saved from the proposed doubling of the ILR qualifying period from five to ten years.
This group of foreign workers and their families have been frequently called the “Boriswave” after the surge in immigration following the post-Brexit immigration system implemented under Boris Johnson.
What is Proposed?
Home Secretary Shabana Mahmood’s proposals will double the standard ILR qualifying time from five years to ten years. ILR is the status that permits a person to live, work and study in the UK permanently. It’s the normal final step on the path to British citizenship.
One of the most contentious features of the strategy has been its retrospective effect. The ten-year rule as designed would apply to anyone already in the UK who came here planning to reside after five years.
Now, the Times says, officials have developed a number of methods to mitigate the impact on people already here. One option would give migrants arriving since 2021 five years to qualify for ILR. In return they would have to wait a further three to four years after receiving ILR before they could claim benefits such as universal credit, housing support and disability payments. The research says this waiting period would also impact refugees.
A government insider, quoted in the story, said:
“It’s all about the benefits. You allow them to acquire ILR after 5 years but you do not allow them to collect benefits until 3 or 4 years later.”
Political Developments
The report arrives amid political change. Andy Burnham is expected to become Prime Minister on 20 July and The Times said he has said the retrospective nature of the ILR amendments is unjust, albeit he has backed the “broad thrust” of the wider immigration changes. Last week about 80 Labour MPs signed a letter pushing him to abolish the retrospective portion of the program.
The Home Secretary has also suggested that some migrants may be given “special treatment” to ease the impact of the changes. This might mean waiving the ten-year restriction for more than 600,000 foreign care workers, the research said.
A Home Office spokesman quoted by The Times said:
“Settlement in the UK is a privilege not a right. “That’s why we’re reforming the settlement rules, based on contribution to the UK and ensuring that those who stay here respect our laws and contribute to the country.”
What This Means for You
It must be emphasised that nothing has happened yet. These are possibilities being spoken about and The Times says the final modifications will be confirmed in the autumn through revisions to the Immigration Rules, without a vote by MPs.
If you came to the UK in 2021 or later on a work route, such as the Skilled Worker visa, this research says your current five-year path to settlement might be protected. But nobody can be sure what impact the revisions will have on somebody in particular without the final rules from the Home Office.