Immigration has become a hot topic in UK politics, bubbling below health and the economy. The focus on immigration has been aided by the right-wing Reform Party and its leader, Nigel Farage. This has pushed the Labour government in the policy direction held by the Reform and the Conservative Party, with only the Green Party and Your Party sounding the drum for liberal and humanitarian approaches to inward migration.
Central to the discussion is the subject of Indefinite Leave to Remain (ILR). Farage has announced he would scrap the policy if he were to be elected.
The family and immigration law firm Reiss Edwards have recently deconstructed the policy, explaining in clear terms what ILR is, who it affects, and what potential changes could mean for migrants currently living and working in the UK. They have provided the analysis to Digital Journal.
While a Reform government, if it happens, may be a long way off, with no guaranteed general election before summer 2029, the uncertainty surrounding potential changes to immigration laws has already caused understandable anxiety among those building their lives in the U.K.
What is Indefinite Leave to Remain?
Under current UK immigration law, ILR is a form of settlement that gives a non-UK citizen the right to live, work and study in the UK without any time limit. According to guidance from UK Visas and Immigration (UKVI), once ILR is granted you are considered “settled” in the UK and you can access many of the rights enjoyed by British citizens.
With ILR, you’re able to work, run a business, study, access public services and benefits (albeit subject to eligibility) and bring certain family members under restricted conditions. It is sometimes called “settlement” (because you are regarded as settled in the UK) when referring broadly.
What does it mean for immigrants, and what is the path to citizenship?
For an immigrant, achieving ILR is a major milestone. It provides greater security, as you are no longer tied to a temporary visa that may expire, and you can live indefinitely in the UK if you abide by its requirements and do not spend too much time outside the UK.
You will also have the freedom to change jobs, own a business, and study without needing to apply for extensions of your visa under many categories. If you’re seeking a path to citizenship, you generally must have held ILR for at least 12 months (and meet other requirements) before applying for naturalisation as a British citizen.
How is ILR achieved?
Many standard routes require at least 5 years’ continuous residence in the UK under a qualifying visa, such as a work visa or family visa. There are other routes, such as the “long residence” route, where you can apply for ILR after 10 years’ lawful continuous residence. There are also bespoke routes for those with refugee or humanitarian protection status, or under private life rules.
However, there are important conditions and caveats. Your residence must be continuous, and there are rules about how many days you can be absent in any given 12-month period. If you stay outside the UK (or the UK + Crown Dependencies + Ireland) for more than 2 years once you have ILR, your status will lapse, and you might need to apply as a returning resident.
It’s also important to remember that holding ILR does not automatically confer citizenship; you still need to meet the eligibility criteria, e.g. residence, good character and English language requirements, as well as passing the Life in the UK Test.
What Is the difference between ILR and “Settled Status” (EU Settlement Scheme)?
These two terms sometimes cause confusion because both involve permanent or near-permanent residence rights, but they derive from different legal frameworks. The rights may be very similar, but the legal basis and provisions differ.
ILR applies to non-EU/EEA/Swiss nationals (and certain other categories) and is the standard UK settlement route. “Settled status” under the EU Settlement Scheme (EUSS) applies to EU/EEA/Swiss citizens (and certain family members) living in the UK before a set date (generally 31 Dec 2020) who applied to the scheme.
Under the EUSS, if you were granted settled status, you are treated as “settled” in the UK. The official ILR guidance itself states that “If you have ‘settled status’ under the EU Settlement Scheme … you will not need to apply for confirmation of your status via ILR”.
One practical difference is that for EUSS settled status, the absence rule is more generous. You can generally be outside the UK for up to 5 years and still retain status.
What is Reform UK’s proposed policy change?
Recently, Nigel Farage, leader of Reform UK, announced a sweeping immigration proposal that would fundamentally alter ILR and settlement in the UK.
Reform’s policy proposes abolishing ILR altogether. Under their plan, the current ILR route would be removed and replaced by a new five-year renewable visa system subject to much stricter criteria.
Those who already hold ILR, or are close to getting it, would lose it and would have to reapply under the new framework. Under the new visa, higher salary thresholds would apply, plus advanced English language, strict limits on bringing dependants and family members, and a ban on access to welfare benefits for visa-holders.
The policy would also extend the time required before citizenship qualification. Instead of applying one year after ILR, the period would increase to 7 years under the proposal, along with additional eligibility barriers.
Reform frames their case as tackling “cheap foreign labour” and as targeting the large number of migrants who arrived post-Brexit (the so-called “Boris wave”).
What would the implications be the hard right policy was to be implemented?
Immigrants currently on track for ILR could face uncertainty, delays or additional hurdles. The new visa route would mean no guarantee of permanent settlement in the way ILR currently provides. Existing ILR holders might find their status removed, or their settled rights altered.
Additionally, the higher financial, language and skills thresholds would make settlement and citizenship much harder for those in lower-paid work or with longer family links but less economic capital. The family reunion rights and dependants’ ability to join might be curtailed.
From a media standpoint, the policy is controversial. Supporters argue it restores UK sovereignty and fairness, whereas critics say it would destabilise migrant communities, complicate the lives of people already settled, and damage sectors heavily dependent on migrant labour.
Looking ahead
For anyone living in the UK on a visa or working towards Indefinite Leave to Remain, the current debate around immigration reform is understandably worrying. The idea that ILR could be scrapped or replaced raises real questions about stability and the ability to plan for the future. While no changes have been made yet and may never reach this stage, this uncertainty is a powerful reminder of how important it is to stay informed and proactive.
