Skip to content
Home
Success StoriesNews
Contact Us

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.

Nara SolicitorsNara Solicitors
|
|Updated
|3 min read
Shabana Mahmood Says New ILR Rules Are Intended to Apply Retrospectively to Skilled Workers
Add Nara Solicitors as a preferred source on Google

Latest update on this here: Home Secretary Reiterates Stand on UK Immigration Reforms in Speech on 5 March 20

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.

Get in touch with Nara Solicitors

Get in touch with Nara Solicitors

Book a consultation with Nara Solicitors to get legal advise for your query.

Book a Consultation with us

More from News

Man Charged Under New Law for Advertising Illegal Immigration Services Online

Man Charged Under New Law for Advertising Illegal Immigration Services Online

A 24-year-old man from the West Midlands has been charged with advertising illegal immigration services online. The National Crime Agency says it is the first charge under this new offence as part of one of its investigations.

September 16, 2026
TUC Calls on Government to Rethink Immigration Reforms for Migrant Workers

TUC Calls on Government to Rethink Immigration Reforms for Migrant Workers

Unions are pushing the government to soften its proposed changes to settlement rules, which could see migrants in non-graduate jobs, including care workers, wait 15 years for indefinite leave to remain. No changes have been confirmed.

September 16, 2026

Congratulations to Anmol on Passing the SQE

Anmol has passed the Solicitors Qualifying Examination while continuing his work with our team.

September 08, 2026
Modern Slavery Victims on Skilled Worker Visas

Big Update: Modern Slavery Victims on Skilled Worker Visas Can Leave Abusive Employers and Work Elsewhere

On 3 September 2026 the Home Office laid a Statement of Changes to the Immigration Rules which, according to the accompanying ministerial statement, will allow Skilled Worker visa holders who entered the UK legally and are recognised as victims of modern slavery to work in any occupation for the remaining validity of their visa. Here is what has been announced and what has not yet been published.

September 03, 2026
Global Talent Visa Expanded: More Than 100 UK Companies Can Now Back World-Class Researchers

Global Talent Visa Expanded: More Than 100 UK Companies Can Now Back World-Class Researchers

From 6 August 2026, more than 100 research-intensive companies, including AstraZeneca, Jaguar Land Rover and Riverlane, can host and support researchers under the Global Talent visa through the UKRI endorsed funder pathway. Here is what the change means for researchers and for the businesses that want to bring them to the UK.

August 06, 2026
UK-India CETA Service Supplier Visa Explained (2026): Who Qualifies, the 1,800-Place Cap and the New 12-Month Stay

UK-India CETA Service Supplier Visa Explained (2026): Who Qualifies, the 1,800-Place Cap and the New 12-Month Stay

The UK-India trade agreement came into force on 15 July 2026, opening the Service Supplier visa to Indian professionals in more than 25 sectors. Stays can now run up to 12 months, with a separate annual cap of 1,800 places for Indian chefs, classical musicians and yoga instructors.

July 18, 2026