The government has provided further details about its promised changes to the Indefinite Leave to Remain (ILR) process as the Reform Party makes headway on the immigration battleground.
Earlier this year the government announced that it was considering allowing people to only gain ILR after 10 years residency in the UK instead of the current five years.
Speaking at the recent Labour Party conference, Home Secretary Shabana Mahmood outlined new requirements to ensure that individuals who want to remain in the UK actively contribute and “truly give back” to society. These changes include being in work, speaking English to a higher standard, and having a spotless criminal record. The ten year residency requirement may be reduced where people contribute through their work to the UK.
The Reform Party has said it would abolish ILR, and make those have been granted it reapply for work visas.
Key Proposed Changes for Applicants:
- Being in Work: They must be in work and make National Insurance contributions. This is likely to include being able to show they were in work throughout the 10 year period.
- No Public Funds: They must not be claiming benefits. This is likely to include that they have not claimed benefits in the 10 year period.
- English Language: They must speak English to a “high standard,” with proposals suggesting an increase to CEFR Level B2 proficiency from the previous B1.
- Good Character: They must possess a “spotless” criminal record and demonstrate a good character.
- Giving Back to Society: They must demonstrate that they are “giving back to the local community,” for instance, through volunteering.
Other Related Changes and Proposals:
- Revised Salary Thresholds: For employment-based ILR applicants, revised salary thresholds are being introduced.
- Expanded Good Character and Compliance Checks: The scope of character checks is being expanded to include stricter scrutiny of criminal records, unpaid taxes, and breaches of immigration conditions. Even minor lapses, such as late tax filings or overstaying, may impact eligibility.
The Changes are likely to affect visa nationals already on the pathway to ILR
The Home Office’s annex accompanying the May 2025 White Paper suggests that the government envisages that the ILR changes will affect visa holders currently on the pathway for permanent residency in the UK. It states that “a number of those currently in the UK are likely to leave due it taking longer to gain settled status.”
Consequences for British Citizenship Applications
Indefinite Leave to Remain (ILR), also known as settlement, is a fundamental prerequisite for applying for British citizenship through naturalisation. Generally, an individual must have held ILR for at least 12 months before being eligible to apply for naturalisation as a British citizen.
Therefore, any changes to the ILR procedure will have direct and significant consequences for applications for British citizenship:
- Extended Waiting Periods: If the standard qualifying period for ILR is extended from five to ten years (or 12 years for the Long Residence route), individuals will have to wait considerably longer to obtain ILR. Consequently, the earliest point at which they can apply for British citizenship will also be delayed by the same margin.
- Stricter Eligibility Criteria: The introduction of more stringent conditions for ILR, such as higher English language standards, increased salary thresholds, and the requirement for a “spotless” criminal record, means that fewer individuals may qualify for ILR. If an applicant fails to meet these new ILR criteria, they will be unable to obtain ILR, thereby precluding them from applying for British citizenship.
- Impact of Criminal Records: The proposed “spotless” criminal record requirement for ILR is particularly impactful. If an individual is denied ILR due to a criminal conviction, even a less serious one that might result in “additional years” rather than outright disqualification, they would not be able to meet the prerequisite for naturalisation. This would effectively block their path to British citizenship.
- Uncertainty for Current Applicants: For those currently on a path to ILR, the potential application of these changes introduces significant uncertainty regarding their future eligibility for both ILR and, subsequently, British citizenship. Their long-term settlement plans may need to be re-evaluated based on the new, more demanding criteria.
The proposed reforms to ILR are designed to create a more selective immigration system. By making ILR harder to obtain, the government will inevitably make British citizenship more challenging to acquire.
The material contained in this article is provided for general purposes only and does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.
© Miller Rosenfalck LLP, October 2025
