Government plans to double qualifying period for indefinite leave to remain

Background

The Home Secretary has announced plans to extend the period of continuous residence required for individuals to apply for indefinite leave to remain (ILR) from five to ten years. The proposal forms part of broader reforms to the UK immigrations systems, first outlined in the government’s Restoring control over the immigration system White Paper.

A public consultation will take place 'soon' to consider the length of the qualifying period and a series of potential new eligibility tests. These are expected to cover areas such as continuous employment, national insurance contributions, English language ability, and community contribution. It remains unclear how these criteria will be assessed or how they will interact with the existing 'long residence' route.

The announcement also did not confirm whether individuals already on a pathway to ILR, or their dependants, will be affected by any change.

What this could mean for employers

If implemented, a longer qualifying period could delay when sponsored workers become eligible for ILR and potentially increase the duration of employer sponsorship. The proposed contribution-based tests may also have implications for evidencing employment and compliance with immigration requirements.

Learning points 

The proposed change signals a potential shift towards a more restrictive and contribution-based ILR system. Employers who rely on overseas talent should follow the consultation closely and be ready to review recruitment and retention plans once the government provides greater clarity. For now, maintaining clear right-to-work processes and keeping affected employees informed will help manage uncertainty as the policy evolves.

We will continue to report on developments.

For more information or advice, please contact Tom Brett-Young in our Employment team.