If you moved to the UK for work after 2021, this is one of the most important policy shifts to watch this year. A new compromise being drawn up in Whitehall could mean you still get Indefinite Leave to Remain (ILR) after five years — but with a much longer wait before you can access benefits.
What's Actually Changing
Home Secretary Shabana Mahmood had proposed doubling the qualifying period for Indefinite Leave to Remain — the status that allows someone to live, work and study in the UK permanently — from five years to ten. That plan applied across the board, regardless of when someone arrived in the UK.
Now, with Andy Burnham set to become prime minister on 20 July, a softer version of the policy is being considered. Under this compromise, migrants who arrived in the UK since 2021 — a group informally referred to as the "Boriswave," named after the surge in immigration under Boris Johnson — would be shielded from the ten-year rule and could still qualify for ILR after five years.
The Real Trade-Off: Benefits, Not Settlement
The compromise isn't a free pass. Even if you qualify for ILR after five years under this proposal, you would likely have to wait a further three to four years before becoming eligible for benefits such as Universal Credit, housing support, disability payments, council tax reduction, tax credits, and state pension credits.
A government source close to the plans summed it up plainly: people would get ILR after five years, but couldn't claim benefits until three or four years after that. The same waiting period would apply to refugees.
ILR Timeline: Then vs. Proposed Compromise
| Stage | Original Mahmood Plan | Proposed Compromise ("Boriswave") |
|---|---|---|
| Time to qualify for ILR | 10 years | 5 years |
| Access to benefits after ILR | Immediate (under current rules) | Delayed by 3–4 years |
| Applies to refugees | Yes | Yes — same delay on benefits |
| Care workers (600,000+) | Subject to 10-year rule | Possible exemption being considered |
Why This Is Happening Now
Nearly 80 Labour MPs signed a letter last week urging Andy Burnham to scrap the retrospective application of the ILR changes, calling it unfair to people who built their lives in the UK on the understanding that settlement would take five years, not ten.
Burnham has said he supports the broad direction of Mahmood's immigration reforms but has been clear that the government needs to "get the balance right" when it comes to migrants who are already living in the UK. He has not yet reviewed the detailed proposals.
Key Dates to Know
Who Could Be Exempted or Given Special Treatment
- Migrant workers and their families who arrived in the UK since 2021 (the "Boriswave" group)
- Refugees — though still subject to the delayed benefits waiting period
- Foreign care workers — more than 600,000 could be exempted from the ten-year wait entirely, according to Shabana Mahmood
What the Home Office Is Saying
The Home Office has defended the direction of the reforms, stating that settlement in the UK is a privilege rather than a right, and that the changes are designed to reward contribution to the UK and respect for its laws.
Critics, including the Institute for Public Policy Research and Landman Economics, have warned that restricting migrant families' access to benefits could increase child poverty — a concern that sits awkwardly alongside Labour's pledge to lift 550,000 children out of poverty by 2030.
What This Means If You're on a Work Visa or Awaiting ILR
- If you arrived in the UK after 2021, you may still be able to reach ILR in five years rather than ten under this proposal.
- Even after getting ILR, budget for the possibility that benefits access could be delayed by several years.
- Nothing is confirmed yet — these are proposals under discussion, expected to be finalised in autumn 2026.
- The changes will be made through an amendment to immigration rules, not a parliamentary vote, so they could move quickly once decided.
- If you're a care worker, watch for a possible full exemption from the ten-year requirement.
Frequently Asked Questions
It refers to migrant workers and their families who arrived in the UK from 2021 onwards, during the period of high immigration under Boris Johnson's government.
The original plan was to move everyone to a 10-year qualifying period. Under the compromise being discussed, those who arrived since 2021 could remain on a 5-year pathway, but this is not yet finalised.
Under the proposed compromise, no — there would likely be a further 3 to 4 year wait after getting ILR before you could access benefits such as Universal Credit or housing support.
Yes, the same delayed access to benefits is expected to apply to refugees under the plans being considered.
The changes are expected to be confirmed and brought into force in autumn 2026, through an amendment to immigration rules rather than a vote in Parliament.
Shabana Mahmood has indicated that more than 600,000 foreign care workers could be exempted from the requirement to wait ten years for ILR, as part of a wider set of "special treatment" measures.
We Are Here to Help
Wondering How These Changes Affect Your Visa Journey?
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