Shabana Mahmood ILR Plans 2026: Lords Committee Says 10-Year Rule is Manifestly Unfair

NEWS | VISA & IMMIGRATION

What Indefinite Leave to Remain is

Indefinite Leave to Remain (ILR) is the permanent right to live, work and study in the UK without any time restriction on your stay. It is sometimes referred to as "settled status". Once granted, ILR allows the holder to access the same rights as a British citizen in terms of working, studying and accessing public services, with the exception of the right to vote in general elections and hold a British passport.

ILR is also a prerequisite for British citizenship applications for most routes. You must typically hold ILR for at least 12 months before applying for naturalisation, though some routes require a shorter period.

Under the rules in place before the proposed changes, most visa routes - including the Skilled Worker visa and most family visas - allowed applicants to apply for ILR after five continuous years of lawful residence in the UK.

What Mahmood is proposing

Home Secretary Shabana Mahmood announced proposals to extend the qualifying period for ILR to ten years for the majority of visa routes as part of a wider package of immigration reforms described as the most significant overhaul of the legal migration model in 50 years. The proposals form part of what the government has labelled a "contract on migration" framework.

The key controversy is that the government has indicated it intends to apply the ten-year rule retrospectively - meaning migrants who arrived in the UK under the existing five-year system, and who planned their lives and careers accordingly, may find the goalposts moved part-way through their journey to settlement.

The government has also confirmed that refugee status in the UK will shift from being permanent to temporary, with cases reviewed every 30 months rather than resulting in automatic indefinite settlement.

House of Lords committee findings

The House of Lords Justice and Home Affairs Committee published a report on 23 June 2026 concluding that a majority of its members opposed extending the ILR qualifying period for migrants who had already arrived in the UK under different rules.

The committee's report raised several concerns: that the government has not published an Impact Assessment demonstrating how the changes will achieve their stated objectives; that migrants who planned their lives around the five-year system should not have their expectations retrospectively altered; and that the proposals risk legal challenge given the principle in case law that the government should not "move the goalposts" for people already on a defined route to settlement.

The committee also made recommendations on labour market issues, including that dependants on work visas should qualify for ILR at the same time as the main applicant where household income demonstrates positive contribution to public finances, and that visas should be linked to sectors rather than individual employers to reduce vulnerability to exploitation.

Who is affected and scale of impact

Analysis published alongside the government's proposals estimated that approximately two million migrants could be affected by the changes, including around 300,000 children. This covers individuals on Skilled Worker visas, family visas and a range of other routes that currently lead to ILR after five years.

Approximately 616,000 care workers and their dependants who arrived between 2022 and 2024 would have been eligible to begin applying for ILR under the existing five-year rule from 2027 onward. The proposed changes are expected to remove or significantly delay that pathway.

The government has cited Migration Advisory Committee analysis suggesting that foreign care workers cost the taxpayer an average of £36,000 over their lifetime on a net basis, while foreign nurses and doctors make a net positive contribution of approximately £166,000. Critics have disputed the savings figures underpinning the reform.

Political opposition within Labour

Approximately 40 Labour MPs were reported to be preparing to oppose the ILR changes. Concerns raised by Labour backbenchers included that the retrospective element is fundamentally unfair to people who made major life decisions - relocating to the UK, leaving employment in their home country - based on a system the government now intends to change after the fact. Opposition MPs have also warned the policy risks mirroring Reform UK's agenda rather than presenting a distinctive Labour approach to immigration.

What this means for people currently in the UK on visas

At the time of publication the ILR changes are still in consultation and have not been enacted. The government has indicated the wider ILR changes are expected to come into force in autumn 2026 via secondary legislation, which does not require a parliamentary vote. The Home Secretary has wide discretion to alter visa and settlement rules through statements of changes under the Immigration Rules.

People currently on routes to ILR who are concerned about how the changes may affect them should check the Home Office's immigration rules at GOV.UK and consider taking advice from a solicitor regulated by the Solicitors Regulation Authority or an adviser regulated by the Office of the Immigration Services Commissioner (OISC).

Frequently asked questions

Does the 10-year rule apply to people already in the UK?

The government has indicated it intends to apply the extended qualifying period to people who have already arrived in the UK on routes that previously led to ILR after five years. This retrospective application is the central point of criticism from the House of Lords committee and from legal commentators. Whether retrospective application will survive legal challenge has not been tested in court at the time of publication.

Are there any exemptions from the 10-year rule?

The government has indicated that high-value migrants may be eligible for faster routes to settlement. Specific exemption criteria had not been fully published at the time of this article. Individuals should check the current Immigration Rules at GOV.UK for the most up to date position.

Does this affect EU settled status?

EU Settlement Scheme (EUSS) status - including pre-settled and settled status granted to EU citizens and their family members under the Brexit settlement - operates under a separate legal framework and is not directly affected by the proposed ILR changes. People who hold EUSS pre-settled status should continue to follow the standard process for applying to upgrade to settled status.

Where can I find the official Immigration Rules?

The full Immigration Rules are published at GOV.UK - Immigration Rules. Changes to the rules are published as statements of changes in immigration rules, available through the same GOV.UK page and via legislation.gov.uk.

Can I get legal advice on how the changes affect me?

Anyone seeking advice on their specific immigration status should use a solicitor regulated by the Solicitors Regulation Authority or an immigration adviser registered with the Office of the Immigration Services Commissioner. The OISC register is searchable at GOV.UK - Find an immigration adviser.