Proposal to Extend the Indefinite Leave to Remain (ILR) Qualification Period from Five to Ten Years Under Parliamentary Debate

At Advantage Solicitors, we strive to keep you informed — both through written updates and media briefings — about the significant developments in UK immigration law that have had a seismic impact since 2020. In addition to the changes already introduced, the UK Government is now taking steps towards implementing stricter immigration policies in 2025 and has opened these matters up for discussion. Notably, in its recently published White Paper, the Government set out its views for public consultation.

Among the most controversial proposals is the extension of the qualifying period for certain visa holders to apply for Indefinite Leave to Remain (ILR) — from five years to ten years. This change would have a considerable impact on migrant communities who plan to live and work in the UK long term.

The proposal has sparked widespread public debate and has faced criticism from civil society organisations. A study by the Institute for Public Policy Research (IPPR) reported that around 1.7 million migrants are currently left in a state of uncertainty, with researchers highlighting that the lack of clarity over when and how the new rules would be implemented has created “an incredible state of uncertainty”. The Migration Observatory has further warned that the proposed ten-year route would be harsher than that of many other high-income countries, potentially having worrying effects on migrants’ integration and overall wellbeing.

At a public level, two separate petitions have been launched and have quickly gained significant support — one gathering over 163,000 signatures, the other over 108,000. This reflects the strong opposition among migrants, civil society groups, and their supporters who are concerned about the potential impact of the measure.

The matter was brought before Parliament by MP Ben Goldsborough and discussed in the House of Commons on 8 September 2025 with the participation of MPs from different parties as well as a Government Minister. Many MPs stressed that extending the route to settlement from five to ten years would be deeply unfair to those who are already on this path.

The key question at the centre of the debate is who exactly the new ten-year rule would apply to. Both MPs and the public are asking whether the reform would:

• Affect those currently in the UK on a Skilled Worker visa,

• Include holders of the Hong Kong British National (Overseas) – BNO visa,
  or whether it would apply only to new applicants going forward.

The Government had previously announced that any reform proposals concerning earned settlement would be subject to a formal public consultation. Following the 8 September debate, Government representative Alex Norris reiterated that the details of the proposed change — including any extension to the qualifying period — would be determined only after such a consultation process.

Another significant aspect of the proposal is the financial burden it would impose on migrants. Currently, those on the five-year route already pay substantial sums for visa renewals and the Immigration Health Surcharge (IHS). Moving to a ten-year route could nearly double their total costs, a particularly heavy burden for families. This has led to criticism that migrant communities would effectively be forced to “pay twice for the same rights and services”.

In conclusion, this issue not only creates future uncertainty for current visa holders but also represents a crucial test for the long-term direction of UK immigration policy.

Our experienced team of immigration law specialists continues to provide professional advice and representation for our clients. If you have any questions relating to immigration law, please contact our expert solicitors on 0208 807 1676 for detailed guidance.

Let us remember: our rights are the strongest guarantee of our interests.