ARTICLE
3 October 2025

Labour's Proposal For Stricter Settlement Rules: Earning To Right To Settlement In The UK

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WestBridge Business Immigration

Contributor

WestBridge Business Immigration, a London-based law firm with more than a decade of experience, advises businesses, entrepreneurs, and individuals on compliant and efficient immigration outcomes. The firm specialises in tailored guidance to navigate the complexities of the UK immigration system.
Immigration policy remains a central battleground in British politics. On 29 September 2025, in her speech to the Labour Conference...
United Kingdom Immigration

Immigration policy remains a central battleground in British politics. On 29 September 2025, in her speech to the Labour Conference, Home Secretary Shabana Mahmod announced plans to fundamentally reform Indefinite Leave to Remain (ILR), replacing the current five-year path with a tougher, decade-long journey and new hurdles for permanent settlement.

If enacted, the proposal would represent significant tightening of the UK settlement system, creating a higher bar for migrants wishing to call the UK their permanent home and marking a clear departure from the current framework.

New Proposed Settlement Arrangement

The automatic link between time spent in the UK and the right to settle would be severed. The cornerstone of the new system is a two-pronged approach: extending the qualifying period for ILR from five to ten years and making eligibility contingent on meeting certain conditions set out by the Home Office.

This model is pitched as a "firm and fair" system that prioritises long-term, high-value contributors. Key aspects include:

  • 10 years continuous residence: Migrants would need to maintain continuous lawful residence for ten years before being eligible to apply for ILR, doubling the current five-year period.
  • Additional requirements: After ten years, settlement eligibility would depend on factors such as being in work, making a certain level of National Insurance contributions, not taking any benefits payments, learning English to a high standard, having a spotless criminal record, and giving back to British society by, for example, working in your local community.

A person can earn a reduction in the number of years if they meet earnings or integration requirements, while those who have been non-compliant at any point will be required to wait longer or have their claim refused outright.

The plans will be subject to a consultation, which will be launched by the end of the year and be open to contributions from the public.

A Counter-proposal to Reform UK?

Just a week ago, Reform UK proposed an abolishment to ILR. This aims for a dramatic, swift reduction in net migration.

While Reform UK's proposal to abolish ILR entirely captures a mood of profound frustration with net migration figures, its practical application appears not without challenges.

The logistical overload of processing millions of repeat visa applications, coupled with the unfairness and potential endless judicial reviews of retroactively moving the goalposts for those who built lives in the UK under previous rules renders the policy seemingly unworkable and ethically questionable.

In contrast, Labour's approach, while avoiding such legal and administrative pitfalls, unmistakably shifts the goal of settlement towards a more exclusive tier of migrants deemed worthy contributors to British society.

By doubling the probationary period and introducing stringent requirements, they are not abolishing the dream of settlement, but are placing it behind a higher, more demanding wall.

For now, the public and millions of potential migrants are left in a state of suspended anticipation, awaiting the government's official consultation by year's end.

British settlement, whether it is an earned reward or a temporary privilege will be a defining issue for voters, challenging the nation to balance control with the need to attract and retain the foreign talent upon which its economy depends.

Take Action Before the Rules Change

As the government moves towards reform, anyone eligible for ILR under the present system should not postpone their application.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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