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Settlement rules for migrants set to toughen under Mahmood

Published 16:02 2 Nov 2026 GMT

Updated 16:02 2 Nov 2026 GMT

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Settlement rules for migrants set to toughen under Mahmood

Homepolitics

It would lengthen the wait for permanent residency

Home Secretary Shabana Mahmood is to set out new settlement rules for legal migrants in the Commons on Monday.

This would lengthen the wait for permanent residency to up to fifteen years.

It follows a consultation that drew more than 200,000 responses, as Mahmood will confirm her final decision in a statement to MPs.

The standard wait for indefinite leave to remain will rise from five years to ten, while some lower-paid migrants face a wait of up to fifteen years.

What the new settlement rules mean for migrants already here

Indefinite leave to remain lets a migrant live, work and study in the UK indefinitely, and they can also claim eligible benefits and later apply for citizenship.

The proposals by Mahmood would apply not just to new arrivals, but the longer waits to migrants already living in Britain.

Housing Secretary Angela Rayner has objected to that retrospective element.

For people who arrived under the old rules, Rayner warned it would "change the goalposts".

The BBC understands the final plan is likely to soften the impact on social care workers specifically.

Why Labour MPs are split over the migration overhaul

The retrospective approach has been labelled as "un-British" by several Labour MPs, who have also warned it could deepen staff shortages in the care sector.

The Conservatives accused Mahmood of having "capitulated control of immigration policy" to Rayner.

Prime Minister Andy Burnham last week described settlement as a "right to be earned, not just granted automatically."

Meanwhile, Home Office figures show net migration added 2.6 million people to the population from 2021 to 2024.

Officials put the number who could qualify for settlement by 2030 at roughly 1.6 million.

When will the new settlement rules start?

Mahmood is due to confirm the final rules in a Commons statement on Monday, 2 November 2026.

The consultation behind them closed under Sir Keir Starmer's government.

How long will migrants have to wait to settle?

  • Most legal migrants: the standard wait doubles from five years to ten.
  • Some lower-paid workers: up to fifteen years under the proposals as they stood before Monday.
  • Social care staff: the BBC understands this group's wait is likely to be softened in the final plan.