The Workers Rights 
The Shabana Mahmood ILR rules are firmly in the spotlight – and if you’re a migrant worker moving to the UK, it’s important to you. The Home Secretary has hinted that he may be reconsidering plans to extend the residency period for Indefinite Leave to Remain (ILR) from five to ten years. There is no final decision yet, but the trend is becoming more apparent. All you need to know now.
Quick Facts: Shabana Mahmood ILR Rules 2026
| What | Detail |
| Who is affected? | People from outside the UK holding a work visa, such as Skilled Worker visas and health & social care visas |
| The current ILR qualifying period takes priority over the previous one. | This is the period for most visa routes (5 years). |
| Proposed new period | 10 years (General) or 15 years or more (some care visa holders). |
| Status of changes | Under review — final policy to be announced. |
| Key principle cited | Earned settlement – proven responsibility for the UK |
| Who’s pushing back? | Labour MPs, housing ministers, and big trade unions |
What Are the Proposed UK ILR Rule Changes?
In the current system, most Skilled Worker visa holders are eligible to apply for ILR after 5 years of continuous residence in the UK (3 years of residence with the Skilled Worker visa and 2 years as a partner or spouse of a UK citizen). This entitles them to permanent residency, and the right to work freely and to receive some public benefits.
This situation would change greatly under the UK settlement reform under Shabana Mahmood:
- The qualifying period for general migrants has been extended from 5 to 10 years for ILR.
- Applicants who are currently on a health and social care visa: Up to a 15-year wait.
- Officials have floated the idea of an “earned settlement” model, under which migrants would have to contribute continuously and on an ongoing basis to qualify for permanent residency.
The UK ILR changes for migrant workers would be the biggest changes to the UK settlement pathway in years.
Why Is There a Rethink Now?
There’s been strong internal opposition to the proposals. Some Labour MPs, cabinet ministers and unions have expressed worry about the injustice of the extension to the ILR timeline for those who came to this country legally, obeyed the rules and established their lives here.
In particular, the effect on overseas care staff, who have played a huge role in the NHS and social care sector, was highlighted. Union chiefs have said that foreign staff who were brought in during times of critical staff shortages should not be subjected to the longest waiting periods for UK permanent residency.
The Home Secretary, in turn, publicly admitted these issues, saying the government would look for a balance between fairness to those who have come legally and fairness to British citizens. The language communicates a compromise, but the final shape of immigration changes in the UK in 2026 is still in the works.
How Do the Old and Proposed Rules Compare?
| Visa Category | Current ILR Timeline | Proposed ILR Timeline |
| Skilled Worker Visa | 5 years | 10 years (proposed) |
| Health & Social Care Visa | 5 years | Up to 15 years (proposed) |
| Family/Spouse Visa | 5 years | TBC |
| Global Talent Visa | 3–5 years | TBC |
Please note: These changes are still under consultation. There has been no legislation passed. At present, ILR applications made under the existing regulations will not be impacted.
What Does “Earned Settlement” Actually Mean for Migrant Workers?
Unsurprisingly, the term “earned settlement” figures prominently in the future of UK settlement rules 2026. The government is not planning to grant permanent residency after a defined period, but to make it contingent on an immigrant’s contribution, both in the economic and social sectors and in culture.
This can be implemented as:
- Increased waiting time to apply.
- Possible new state requirements for job continuity, taxes paid or civic involvement
- More rigorous review of absences from the UK in the qualifying period. Closer monitoring of absences from the UK in the qualifying period.
The settlement framework is still being worked on in the UK, but migrant workers can expect a longer process and perhaps less status after initial entry, which will lead to permanent residency.
What Should Migrant Workers Do Right Now?
If you’re currently working in the UK on a work visa or you’re planning to relocate to the UK, here are the best things to keep in mind:
- Look at the visa expiry date: If you are currently in the UK and are close to 5 years, you might be eligible under the old rules!
- Record keeping: Employment history, tax returns and absence logs might be more important under any new framework.
- Keep an eye out for official Home Office announcements: Final policy has yet to be announced; see gov.uk for changes.
- Get immigration advice: In cases where it is not a simple one, a good immigration adviser can help you make plans for various possibilities (for example, care visa holders)
Bottom Line
The Shabana Mahmood rules for ILR are in flux, and that is what makes this moment so critical for migrant workers. A new model of settlement – of a longer duration and more “earned” – is a sign of a structural shift in the UK’s approach to permanent settlement. Regardless of the future of the 10-year rule, one thing is certain – obtaining indefinite leave to remain (ILR) in the UK is likely to be tougher than it is currently.
Be sure to keep up to date, maintain your paperwork and be alert to the Home Office’s final announcement on the policy.
FAQs: Shabana Mahmood ILR Rules 2026
Q: Are the new ILR rules in operation?
No. The proposed changes are currently out to consultation and are being reviewed and there have been no new laws passed.
Q: Will existing applications for ILR likely be impacted?
Any applications which have been submitted based on the existing rules should continue to be evaluated in accordance with the existing rules. Changes would likely apply to future applicants.
Q: Why might the 10-year rule be unfair?
When workers are legally recruited, pay taxes, and have agreed to abide by all rules, they may discover that their settlement period has been shifted after they have already made long-term plans for their own lives.
Q: What will the UK Skilled Worker ILR pathway be in 2026?
It is still 5 years now. The proposed 10-year period has not been realised. Please follow the Home Office for updates.
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