Late last year, Government ministers announced proposals to extend the standard qualifying period for Indefinite Leave to Remain. A final decision is due in the autumn. How might the change in Prime Minister affect these proposals?
In May 2025, the Government signalled in its immigration white paper that it would extend the standard qualifying period for the right to settle permanently in the UK from five years to 10 years. Referred to as 'Indefinite Leave to Remain', 'ILR' or simply 'settlement', this is an important step in the migration journey for people who plan to make the UK their permanent home.
In November 2025, the Government published a consultation paper setting out more details. The proposals are more complicated than simply extending the qualifying period. First, there may be stricter minimum requirements for people applying. These include not having a criminal conviction, having made national insurance contributions for several years and demonstrating a higher level of English language skills. Second, while 10 years will be the 'baseline' this could be adjusted up or down, depending on the person's situation. In some cases, it could take much longer.
Whenever there is a change in leadership, there is an opportunity for a refocusing of priorities and for unpopular policies to be abandoned. New Prime Minister Andy Burnham has previously said that he supports the ‘broad thrust’ of the wider immigration reforms. However, he will want to show he is listening to concerns, especially those raised by MPs in his own party.
The Justice and Home Affairs Committee has also suggested that instead of extending the wait for Indefinite Leave to Remain to 10 years, the government should instead keep five years as the standard period, but make people wait longer until they could access public funds (such as benefits). Reports suggest his team is looking closely at this recommendation.
The committee, and some Labour MPs, have also recommended that the changes should not apply to people who already have leave to remain on a route leading to settlement. However, it is uncertain whether they’ll be listened to.
While there may be a delay before any changes are implemented, recent changes, such as the suspension of refugee family reunion, happened rapidly and would suggest otherwise. Anyone who might wish to apply for settlement before the autumn should seek advice. Our immigration team is monitoring developments and available to advise on eligibility.