Immigration and Asylum Reforms
Announced by Home Secretary Shabana Mahmood
Introduction
The Home Secretary has announced proposals for the most significant overhaul of the UK’s settlement system in over a decade. The reforms replace the current five-year ILR pathway with an “earned settlement” model, where most migrants would work towards a 10-year default route. The new approach links settlement much more directly to a person’s conduct, economic activity, English proficiency, and use of public funds.
The Government’s stated aim is to create a system where settlement is neither automatic nor assumed. Instead, time spent in the UK can be adjusted upwards or downwards depending on contribution, integration, compliance, or benefit reliance. A formal consultation has begun, with transitional arrangements still undecided.
These reforms have significant implications for migrants across every visa route. The detail is technical and wide-ranging, and the table below summarises all substantive changes proposed. The areas up for consultation (deadline 12 February 2026), Care England will be responding. See the consultation here.
Summary of Proposed ILR Reforms
| Area of Reform | What Is Being Proposed |
| Default ILR Timeline | • Introduction of a 10-year standard qualifying period for the majority of migrants.
• Replaces the existing 5-year settlement model for most work routes. · The Government describes this as shifting from “automatic” to “earned” settlement. |
| Core Eligibility Conditions (“Suitability Criteria”) | Applicants must meet a new set of mandatory conditions:
• Clean criminal record with no disqualifying convictions. • High English language requirement, described in the announcement as equivalent to A-level standard. • Demonstration of regular National Insurance contributions throughout their residency. • No outstanding debt to the state, including tax debt and NHS debt. • These conditions apply unless the person is specifically exempt due to their route. |
| Contribution-Based Reductions to the 10-Year Route | Certain groups may qualify for shortened ILR timelines based on earnings, tax contribution, or civic participation:
• 3-year route for individuals earning above £125,140 over the relevant period. • 5-year route for those earning above £50,270. • Proposed 5-year route for “skilled frontline public service workers” such as doctors, nurses, and teachers (subject to definition). • Consultation on whether volunteering or community contribution should lead to a shorter timeline (suggested 5–7 years). • Higher English language capability (e.g. degree-level proficiency) may also lead to a reduced qualifying period. • Lower-paid workers will have to wait 15 years to earn a settlement, which could mean care workers |
| Penalties for Benefit Use | Applicants who have accessed public funds face significant additions to their qualifying time:
• Under 12 months of benefits – add 5 years. • 12 months or more – add 10 years, meaning some individuals could face 15–20 years before becoming eligible for ILR. • ILR may not automatically allow access to benefits; the Home Office is considering extending No Recourse to Public Funds (NRPF) beyond ILR. • In many cases, access to benefits may only begin once the person becomes a British citizen. |
| Irregular Entry, Overstay, or Visa Breaches | Individuals with a history of immigration breaches may face very long settlement routes, potentially 20–30 years, depending on severity. |
| Refugee / Protection Routes | • Refugees may be placed on a 20-year settlement route under the new model.
• Refugees who subsequently move into a work, study, or contribution-based route may shorten their timeline depending on their integration and contribution. |
| Exempt Categories / No Change | The following groups retain existing pathways:
• Partners of British citizens – remain on the 5-year ILR route. • Hong Kong BN(O) – retain the current 5-year route. • Windrush and EU Settlement Scheme – no changes proposed. • Current long-residence 10-year route is likely to be incorporated into the new framework rather than abolished. |
| Transitional Arrangements | • No decisions yet on whether migrants already part-way through a route will be protected.
• Consultation specifically asks how the model should apply to those already in the UK. • Those who already hold ILR will not be affected. |
| Consultation Structure & Timeline | Consultation is open now, structured around four pillars:
• Character • Integration • Contribution • Residence
Feedback is sought on reductions, penalties, the NI and English requirements, definitions, and transitional safeguards. |
Ensuring Providers’ and Migrant Workers’ Voices Shape Our Parliamentary Briefing
We are preparing a briefing note that will go to all MPs and Members of the House of Lords, outlining the implications of the new “earned settlement” proposals for the social care workforce. It is essential that this briefing reflects real experiences, concerns, and fears from across the sector — not just policy analysis. To do this well, we need evidence from you and your staff.
The reforms represent a fundamental shift in how migrant workers build their lives in the UK. While the headlines focus on the move from a five-year to a ten-year settlement route, the detail is far more complex and, for many, deeply worrying. We need to ensure that Parliament hears directly from the people who will be most affected: care providers trying to maintain services, and migrant workers who provide essential care every day.
We therefore invite you to share:
Organisational reflections
How these proposals are being received in your organisation, including any early concerns about recruitment, retention, or staff uncertainty. You may also wish to share views on the practicality of meeting the proposed English and NI requirements.
Experiences from migrant care workers
Anonymised comments or short examples that capture the human impact — fears about longer settlement timelines, worries about benefit-linked penalties or NRPF, or the challenge of meeting study requirements alongside demanding shift work.
Practical implications
Examples of what these reforms might mean in real life: delayed settlement dates, fears linked to brief benefit use, concerns about morale or future planning, or the possibility that some staff may feel unable to remain in the UK.
Key messages for Parliament
Anything you feel MPs and Peers must understand about the emotional, financial, and workforce impact of these proposals, and the disconnect between the policy’s intentions and the realities of essential care work.
How Your Evidence Will Be Used
Your contributions will be used to:
- Shape our formal briefing to every MP and Peer ahead of upcoming parliamentary debates.
- Ensure Parliament hears real voices from across the sector, including anonymised worker testimonies.
- Strengthen our arguments in ongoing discussions with Ministers, Shadow teams, and officials.
- Provide compelling, human-centred examples illustrating how the proposals would impact the workforce.
How to Contribute
Please send feedback, case studies, staff testimonies, or observations to:
tpisani@careengland.org.uk
You may submit written comments, anonymised staff quotes, or short summaries of conversations you have had with your workforce. If easier, we can also arrange short calls to capture this directly.
Comments
Login/Register to leave a comment