Shabana Mahmood Says New ILR Rules Are Intended to Apply Retrospectively to Skilled Workers

According to The Times, the Home Secretary said that the government intends the proposed changes to Indefinite Leave to Remain (ILR) to apply retrospectively to migrants already living and working in the UK.

Under the plans, the qualifying period for ILR will double from five to ten years for most migrants, including those on Skilled Worker visas.

Skilled Worker roles below graduate level (RQF Levels 3 to 5) may face a longer qualifying period before they can apply for settlement, unless they meet certain reduction criteria.

The Times reported that around 616,000 care workers and their dependants who arrived between 2022 and 2024 would have begun qualifying for permanent settlement next year under the previous system. That pathway is expected to be removed under the proposed changes.

As reported by The Times on 1st march 2026, Mahmood defended the economic case for the reforms. She pointed to Migration Advisory Committee analysis showing that foreign care workers cost the taxpayer an average of £36,000 over their lifetime, while nurses and doctors make a net positive contribution of around £166,000. She also challenged the Office for Budget Responsibility’s methodology, which currently assumes every migrant is a net fiscal contributor, arguing that it does not reflect the full picture.

Temporary protection changes for refugees came into force on Monday through amendments to existing Immigration Rules.

However, according to The Times, the wider ILR reforms are expected to take effect in autumn 2026.

The Times reported that around 40 Labour MPs are preparing to oppose the changes. Stella Creasy, MP for Walthamstow, raised concerns about fairness, pointing out that many affected migrants have jobs, pay taxes, and made life plans based on the existing rules. Andy McDonald warned that Labour cannot defeat Reform UK by imitating its agenda. Lucy Powell, Labour’s deputy leader, warned the reforms could damage trust within ethnic minority communities.

Separately, as reported by the BBC on 1st March 2026, Mahmood also confirmed that refugee status in the UK will now be temporary, with cases reviewed every 30 months. She told the BBC the government is changing a long-standing assumption of what it means to be a refugee, moving from a permanent to a temporary status. For refugees, the route to ILR could take up to 20 years.

For anyone on a Skilled Worker visa or another sponsored route approaching the current five-year ILR qualifying period, these reports suggest that time may be running out to apply under the existing rules.

If you need advice, book a consultation with NARA Solicitors.

This article is based on reporting by The Times (UK) and BBC News. NARA Solicitors has not independently verified all claims reported. Editor’s note: The headline has been updated to improve clarity for readers, based on reporting by The Times.