Shabana Mahmood trims the toughest part of her settlement overhaul, but most migrants still face longer routes to permanent residency.
The Home Office has announced a revised set of criteria for indefinite leave to remain (ILR) in the United Kingdom. After intense pressure from cabinet colleagues, Labour backbenchers and health-sector unions, Home Secretary Shabana Mahmood withdrew the proposal that would have forced many care staff to wait fifteen years before applying for permanent settlement.
Under the original draft, anyone on a low salary – including many care workers, chefs and junior engineers – would have seen the standard residency period double from five to ten years, with a separate 15-year track for the most vulnerable.
The revised plan now offers a carve-out for care workers who earn at least £25,000 and arrived before May 2025, allowing them to apply for ILR after just five years. This change alone reduces the number of people affected by the delay from 799,000 to roughly 517,000.
What the new timetable means for different groups
High-earning migrants continue to benefit from the fastest routes. Those earning more than £125,141 per year – typically senior executives, founders on Global Talent or Innovator Founder visas – can qualify after only three years. Workers with salaries above £50,000, as well as professionals in the NHS, education and other public-service roles, remain eligible after five years.
The Home Office also published a list of “public service” occupations that retain the five-year pathway even if earnings fall below £50,000. The list includes psychotherapists, physiotherapists, children’s nurses, dental practitioners and midwifery nurses. For all other low-paid migrants, the standard qualifying period now sits at ten years, effectively doubling the wait they were originally promised when they arrived.
Refugees and irregular arrivals face the toughest hurdles
While the care-worker concession softens the blow for a segment of the workforce, the legislation remains harsh on asylum seekers. People arriving by small boat and relying on public funds will be required to wait a minimum of thirty years before they can apply for ILR. Only a limited number of refugees entering through designated safe and legal routes – such as the reopened scheme for Afghan women and girls and certain Palestinian arrivals – will avoid this protracted timeline.
Individuals who have claimed benefits or breached immigration conditions are placed on a twenty-year track, and those who entered the UK irregularly but are now in work or study must also endure a twenty-year wait, with an additional ten-year penalty for those not in employment or education.
Political fallout and criticism
The policy shift sparked an immediate response in the Commons. Housing Secretary Angela Rayner labelled the original retroactive measures “un-British”, while Labour backbenchers warned of a potential rebellion. Prominent MPs such as Diane Abbott warned that the changes could recreate a Windrush-style scandal, where people legally residing in the country might suddenly find their rights overturned.
Shadow Home Secretary Chris Philp dismissed the amendment as a “U-turn” and warned that the government could face a £10 billion cost to the public purse. Legal experts from the Law Society warned that retroactively altering settlement expectations undermines the rule of law and creates uncertainty for families and employers alike.
Despite the criticism, some party figures praised the “earned settlement” approach. Prime Minister Keir Starmer reiterated that the system should reward those who make the greatest contribution to the UK, arguing that faster routes for high-salary earners and essential public-service workers are justified.
Charity leaders welcomed the specific relief for care staff but stressed that the broader staffing crisis in social care remains unaddressed. Jon Sparkes, chief executive of Mencap, described the amendment as a “welcome reassurance” while urging the government to pair it with a fully funded plan to improve pay and career pathways for care workers.
