Feb, 18, 2025

Tory Proposes doubling the Indefinite Leave to Remain (ILR) requirement from 5 to 10 years

The Conservative Party, led by Kemi Badenoch, has introduced an immigration proposal that could significantly impact long-term settlement options for migrants in the UK. The proposal includes doubling the Indefinite Leave to Remain (ILR) requirement from 5 to 10 years, restricting ILR eligibility for migrants who have claimed benefits, and extending the path to citizenship to 15 years.

This proposal has raised concerns regarding its feasibility, fairness, and impact on skilled migration. While it has been framed as a necessary reform, there are several key misconceptions surrounding it that need clarification.

*This article is based on the BBC News article covering the Conservative Party's proposed immigration policy changes.

The ILR Claim: “It’s Easy to Get ILR in 2-3 Years”

The claim that some migrants can apply for ILR in just 2-3 years is misleading.

✔️ The vast majority of migrants must wait at least 5 years to apply for ILR.
✔️ The only exceptions are for very specific visa routes:

Global Talent Visa – Allows ILR in 3 years for highly skilled professionals in tech, academia, or the arts.
Innovator Visa – ILR in 3 years for those who establish a business meeting strict economic impact criteria.
Investor Visa (Tier 1, now closed) – Previously allowed ILR after 2-3 years for multi-million-pound investments.

These routes apply to a small percentage of applicants. The majority of skilled professionals, including nurses, engineers, and IT workers, must complete a minimum of 5 years before becoming eligible.

2. The Naturalisation Myth: “You Can Apply for Citizenship 12 Months After ILR”

A common misconception is that obtaining ILR automatically leads to naturalisation within 12 months. However, the process is more complex.

Applicants must have lived in the UK for at least 5 years before applying for citizenship.
During those 5 years, they must not have been absent for more than 450 days in total.
In the final 12 months, they cannot have spent more than 90 days outside the UK.

The idea that ILR immediately shortens the path to citizenship overlooks these critical residency requirements.

3. The “Citizenship Is Not a Pull Factor” Statement

The suggestion that citizenship is not a motivating factor for migrants overlooks the realities of relocation.

People do not leave stable jobs and established lives in their home countries unless they see long-term security in their new destination.
Many migrants pay £10,000+ in visa fees and invest in their future careers, seeking stability for themselves and their families.
Countries such as Canada, Australia, and European nations offer clearer and more predictable routes to citizenship, making them attractive alternatives if UK policies become more restrictive.

Long-term residency and citizenship pathways are essential for attracting and retaining skilled talent.

4. The “Migrants on Work Visas Claiming Benefits” Claim—Where Is the Evidence?

A key part of the proposal suggests that migrants on work visas are over-reliant on welfare benefits, but this claim lacks supporting data.

Most migrants on work visas are ineligible for benefits due to the No Recourse to Public Funds (NRPF) condition.
Skilled Worker visa holders contribute more in taxes than the average UK national.

If there is evidence showing that work visa holders are significantly draining the welfare system, it has not been publicly shared. Instead, these visa holders help sustain key industries and actively support the UK economy.

Rather than placing restrictions on skilled workers who contribute, it would be more productive to address labour market challenges and ensure a balance between workforce participation and economic growth.

5. Net Migration “Failures” – The Real Reason for 906,000 Migrants in 2023

The rise in net migration has been framed as a failure, but many of these arrivals are linked to specific government policies:

A significant portion of the 906,000 migrants are Ukrainian refugees fleeing war. Their status is temporary and does not lead to ILR or citizenship.
The UK also granted visas to Hong Kongers under the BNO scheme, leading to a short-term increase.

When concerns are raised about rising migration numbers, it is important to acknowledge that many of these arrivals were facilitated by policies introduced by the government itself.

At the same time, shifting the immigration framework after encouraging skilled migration could create uncertainty, discouraging long-term investment from international talent.

6. What This Will Actually Do—Drive Skilled Workers Away

If settlement pathways become more lengthy, expensive, and uncertain, the UK could face a serious skilled labour shortage.

High-demand professionals in healthcare, IT, and engineering may look to Europe, Canada, or Australia, where immigration policies provide greater clarity and stability.
The UK’s ability to attract top global talent could weaken, affecting key sectors and economic contributions.
The government could lose out on vital tax revenue from skilled workers who might instead relocate to countries with more favourable long-term residency options.

Rather than imposing additional barriers on skilled migrants who contribute to the economy, it may be more effective to address the broader challenges in the labour market, including workforce participation and skills development.
A policy approach that supports both economic growth and long-term workforce stability would likely yield better outcomes.

Secure Your Future in the UK – Apply for ILR Sooner

With potential changes to UK immigration rules under discussion, securing Indefinite Leave to Remain (ILR) sooner could be crucial for your long-term residency plans. If you're eligible, now is the time to act.

Book a consultation with our expert team to explore your options and navigate the application process with confidence.

We can also assist with other visa routes, including:

ILR – Secure permanent residency in the UK.
Sponsor Licence - For employers who are looking to move their workers to the UK
Global Talent Visa (Tech Nation) – For exceptional professionals in tech, arts, and academia.
Skilled Worker Visa – For professionals seeking employment in the UK.
Innovator Founder Visa – For entrepreneurs looking to establish a business in the UK.