Nigel Farage Vows to Scrap Indefinite Leave to Remain – What ILR Holders Need to Know Now
The road to settlement in the UK is a long and arduous one. When you finally secure your Indefinite Leave to Remain status, you think you can sit back and relax; no more fears about proving your right to live in the UK. However, Nigel Farage’s and Reform UK’s policy announcement on the future abolition of Indefinite Leave to Remain will undoubtedly have unsettled many holders of ILR and their families.
We all know that nothing is certain in politics. Policies change between the initial announcement and the manifesto, and popular politicians don’t always win elections. However, ILR holders and those considering applying for ILR need to know how they may be affected and what they can do. Our UK Immigration Solicitors explain what you need to know and potentially do.
In this Guide, our Immigration Lawyers cover:
- Nigel Farage’s announcement on Reform UK’s policy on Indefinite Leave to Remain
- Is Remain UK the only risk to settlement in the UK?
- The legal reality: could your Indefinite Leave to Remain status be revoked?
- Timeframe for changes to ILR status
- Why ILR holders should consider British citizenship now
- Will the Reform proposals to abolish Indefinite Leave to Remain affect EU nationals?
- The differences between ILR and British citizenship
- Benefits of citizenship
- Risks of relying only on ILR in a shifting political climate
- Step-by-Step Guide to move from Indefinite Leave to Remain to British citizenship
- Process of ILR to British citizenship
- Requirements for British citizenship
- Timelines – how long does British citizenship take
- Fast-Track Routes to British citizenship
- Common pitfalls
- How OTS can help
Nigel Farage’s announcement on Reform UK’s policy on Indefinite Leave to Remain
On 22 September 2025, the Reform UK Party announced its immigration plan. According to Nigel Farage, Reform will abolish Indefinite Leave to Remain status if elected, with the knock-on effect of saving the UK 234 billion over several decades. The feasibility of the proposals and the savings figures are hotly disputed in the media.
The plan means that if Reform UK wins the next General Election and you are an ILR holder, you will need to apply for time-limited visas to continue living in the UK. You will need to meet the visa’s strict eligibility criteria. With the loss of ILR status would also come the loss of entitlement to state benefits.
Is Remain UK policy the only risk to settlement in the UK?
The Reform Party is not alone in suggesting changes to Indefinite Leave to Remain. For example, the Labour government is consulting on a proposed change in the residence requirement for ILR from five years to ten years. ILR under any new government may not resemble what it looks like in 2025.
Agendas are being fuelled in part by statistics. According to the Office for National Statistics (ONS), in 2024, a record 69.3 million people were estimated to live in the UK. Around 1,235,254 people were estimated to have immigrated to the UK in the 12 months to June 2024, with approximately 496,536 departures, resulting in a net migration figure of 738,718.
The overall increase of 755,254 is the second-largest population increase since 1949.
These statistics, along with the drive to match the rhetoric of political opponents regarding potential changes to ILR eligibility, or the continuation of ILR status once secured, indicate that it isn't just Reform that has ILR on the agenda. As the UK continues toward the next General Election, UK Immigration Lawyers expect more political parties to announce significant immigration policy changes and manifestos with ILR under a new government as headline policy.
The legal reality: could your Indefinite Leave to Remain status be revoked?
If you are one of the estimated 430,000 people living in the UK with Indefinite Leave to Remain, could your status be taken away? If you are living in the UK on a Skilled Worker Visa or Family Visa and want to settle in the UK, will you be able to do so?
UK Immigration Solicitors say that if you have ILR, it can only be retrospectively taken away from you if the law is changed. That means Reform UK would need to win the next General Election with a sufficient majority to get their immigration legislation passed by the House of Commons and the House of Lords. That may be hard to achieve, as many UK-based businesses will campaign against a retrospective change in the law on ILR, citing potential economic catastrophe. If primary legislation removes ILR status of overseas employees, ILR holders will have to reapply for Skilled Worker Visas. Employers would need to re-sponsor them, with all the associated costs and administrative expenses involved in Skilled Worker Visa sponsorship.
Timeframe for changes to ILR status
Whilst it is technically possible for ILR to be revoked by a change in the law, you need to assess the likelihood of this being followed through by Reform as they would need to both win the next UK General Election and have enough MPs and support in the Lords to pass the new legislation, despite criticism of the proposals by business owners and media scepticism over the reported savings of £234 billion.
Realistically, if Reform were to win the next election and pass the controversial plans through both houses of Parliament, those with ILR status, or those hoping to secure it, have at least five to six years before the abolition of ILR status could become a reality. A lot may change in politics over that timeframe. In the UK, we have a saying, ‘a week is a long time in politics.’
Why ILR holders should consider British citizenship now
If you are an ILR holder and act now, or before any change in the law, you can convert your ILR to British citizenship. Nigel Farage and Reform have not stated that they plan to make changes to the laws on British citizenship for those who have already become citizens.
If you are one of the 430,000 people in the UK with ILR status, you should also consider applying for British citizenship as soon as you meet the citizenship eligibility criteria. This isn't just due to the Nigel Farage ILR announcement, but also because of the Labour Party's consultation on extending the residence requirement for ILR status from five to ten years. It would not be a massive leap to suggest that another new policy could be to extend the 12-month timeframe between securing your ILR and being allowed to apply for citizenship.
If you are one of the millions of people who moved to the UK after 2016 using the post-Brexit points-based immigration routes, you need to:
- Take immigration legal advice to check that you will meet the ILR eligibility criteria.
- Adjust your travel plans if necessary so you will meet the ILR guidance on continuous and lawful residence.
- Apply for ILR as soon as you qualify to do so.
- Apply for British citizenship as soon as you have held ILR for the required period.
While changes to the law on Indefinite Leave to Remain may take time, the political climate suggests that ILR is not guaranteed forever, so ILR holders and future ILR applicants need to understand their rights and options to protect themselves and their families.
Will the Reform UK proposals to abolish Indefinite Leave to Remain affect EU nationals?
Reform UK has clarified that if you are an EU national in the UK with pre-settled status or settled status under the EU Settlement Scheme, your status will not be affected by the abolition of ILR. That is because if Reform were to change the law on settled status, it would place the UK in breach of the EU-UK Brexit treaty.
If you are:
- An EU national who has not obtained settled status, or
- A family member of an EU national, or
- Interested in changing your EU nationality to British citizenship.
You should talk to a UK Immigration Lawyer about the steps you need to take to regularise your position and secure settled status or acquire British citizenship.
The differences between ILR and British citizenship
When you are settled in the UK, the differences between ILR and British citizenship are unlikely to affect your daily life or how you feel about living in Britain.
However, there are seven significant differences between living in the UK as an ILR holder and as a naturalised British citizen:
- Indefinite Leave to Remain gives you the right to reside in the UK without immigration time restrictions or needing a visa. However, you remain a citizen of your country of origin. In contrast, if you become a British citizen, you will lose your nationality of origin, unless you can become a dual national.
- Passports – a British citizen can apply for a British passport, but an ILR holder retains their nationality of origin and therefore is not entitled to a British passport. An ILR holder may require a visa to enter another country, but a British citizen may not. A British passport and access to consular assistance can be a significant advantage when travelling overseas.
- Absences from the UK can be indefinite if you are a British citizen. If you have ILR and leave the UK for two years or more, you will need a Returning Visa to secure entry clearance.
- Your children will be automatic British citizens if you are a naturalised British citizen. That applies whether your children are born in the UK or overseas. If you are an ILR holder, you can apply for your child to become a naturalised British citizen, but the application must be made before the child reaches 18 years of age.
- Politics and voting rights depend on whether you have ILR or are a British citizen. British citizens can stand for election and vote in all elections in the United Kingdom. Those with ILR status have far more limited rights to vote.
- Revocation and deportation law depends on whether you are a citizen or have ILR. In unusual cases, the Home Office has the power to revoke ILR status. For example, if it is alleged that deception occurred when making the ILR application or the holder was convicted of a serious offence. Citizenship can only be revoked in exceptional circumstances, such as terrorism, and only if the individual will not be rendered stateless as a result of the revocation.
Benefits of ILR or British citizenship
Here are the current similarities between ILR status and citizenship:
- Your right to live and work in the UK is unlimited, and you do not need to make repeat visa applications unless an ILR holder leaves the UK for two years or longer.
- Your right to access the NHS, to study and to secure state benefits, housing, and other state support are the same whether you are a citizen or an ILR holder.
- You can sponsor a spouse or an unmarried partner on a Spouse Visa or an Unmarried Partner Visa if you are a British citizen or hold ILR or settled status.
Risks of relying only on ILR in a shifting political climate
The risks of relying on ILR in a shifting political climate are:
- Visa requirements - if the Reform UK proposals become law and ILR is abolished, ILR holders will need to apply for a visa to stay in the UK. They will need to meet the eligibility criteria for the visa, including the planned increase to the minimum salary threshold and enhanced English language requirements.
- Access to the NHS and benefits - if ILR status is abolished through a change in the law, those who had ILR will no longer be able to claim free of charge NHS treatment, housing or state benefits.
- Sponsoring partners - if ILR status is abolished for existing ILR holders, they will not be settled in the UK and therefore ineligible to sponsor a spouse or partner on a Spouse Visa or Unmarried Partner Visa.
- Employment - if a Work Visa is required to stay in the UK because ILR status is abolished, employees may need to change their employment if sponsorship is required. A current employer may not have a sponsor licence or may not pay the minimum income threshold for a Skilled Worker Visa. Reform has indicated that they will increase the minimum salary requirement and restrict the range of jobs that qualify for a Skilled Worker Visa if elected to govern.
- Citizenship - currently, ILR holders can apply for British citizenship if they have held ILR status for at least 12 months. If ILR is abolished, then the path to British citizenship and all the benefits it entails may become more challenging.
Talk to OTS Solicitors about ILR and citizenship today.
Step-by-Step Guide to move from Indefinite Leave to Remain to British citizenship
Process of ILR to British citizenship
ILR holders need to apply for British citizenship; it's not an automatic step that occurs after having held ILR status for several years. Additionally, each household member must individually apply, including those in the UK on Dependant Visas, once they meet the residence requirement and the other eligibility criteria.
Requirements for British citizenship
Unless an applicant for British citizenship is married to a British citizen, the rules say that a British citizenship applicant must have spent at least 12 months with ILR status before being eligible to apply for citizenship. The spouse of a British citizen can apply for citizenship as soon as they have acquired ILR status.
The requirements for British citizenship are:
- Age – you must be over 18 and of sound mind.
- Good character and immigration rule compliance whilst living in the UK.
- Intention to continue to live in the UK if granted citizenship.
- Must meet the English language requirement, which can be met through passing a test, or through an exemption based on nationality, approved qualifications, age or health.
- Must pass the Life in the UK or British citizenship test, unless exempt on the grounds of age or health.
- Must meet the residence requirement and absence thresholds– if the application is not made as the spouse of a British citizen, the applicant must have lived in the UK for at least five years and have held ILR status for at least 12 months. During the five-year residence period, an applicant can have been absent from the UK for no more than 450 days in the five years preceding the application, and not have spent more than 90 days outside the UK in the 12 months preceding the application.
The spouse of a British citizen must meet similar requirements, but there are some subtle differences:
- The applicant must be married to their sponsoring British citizen spouse at the date of their naturalisation application, and the relationship must be ongoing.
- Residence requirement and absence threshold – the applicant must have lived in the UK for at least three years and spent not more than 270 days outside the UK in the three years before making the application or more than 90 days outside the UK in the 12 months before making the application.
The spouse of a British citizen must meet all the other requirements, such as being of good character, and meeting the English language and British citizenship test, unless exempt from these tests.
Timelines - how long does British citizenship take
The acquisition of British citizenship follows a lengthy process that includes securing a visa, visa extension(s), and ILR status, with citizenship being the final stage of a migrant's immigration journey.
The application process can be broken down into seven stages:
- Apply for British citizenship using Form AN.
- Biometric enrolment appointment at a UKVCAS centre for fingerprints and a photograph to be taken.
- Home Office processes the application. This process typically takes around six months, but it can be extended or shortened depending on the complexity of the circumstances.
- Decision notification sent by the Home Office. There is no right of appeal; however, an applicant may request reconsideration under certain circumstances or submit a further application. A positive decision notice does not confer citizenship.
- Invitation to book attendance at a citizenship ceremony. Attendance at the ceremony must be booked within three months of the ceremony date.
- Attending the citizenship ceremony to take an oath or affirmation of allegiance to the king and to receive the certificate of naturalisation. This certificate confers citizenship.
- Apply for a British passport by submitting the certificate of naturalisation and other supporting paperwork.
The timescale for securing British citizenship is typically around three to six months, but this depends significantly on the complexity and quality of the application, as well as Home Office backlogs. Currently, the Home Office does not offer a premium processing service for citizenship applications; however, this service is available for visa and ILR applications.
In some cases, a British Citizenship Lawyer can ask a Home Office official to exercise discretion and prioritise an application if it falls within the Home Office's guidance on priority applications. One example is where a baby is waiting overseas after an international adoption and requires a British passport before being able to travel to the UK with the British-based adoptive parents.
Fast-track routes to British citizenship
The UK immigration rules allow some visa holders to apply for accelerated settlement or ILR status. These visas are:
- The Spouse Visa if the sponsoring spouse has passed away or the relationship ended due to domestic violence.
- The Innovator Founder Visa.
- The Global Talent Visa for those of exceptional talent.
- The Investor Visa (but this closed to new applications in 2019).
Each accelerated route to ILR status has its own complex immigration rules, so it's best to speak to an Indefinite Leave to Remain Lawyer for specialist accelerated settlement legal advice.
All Indefinite Leave to Remain applicants can ask the Home Office to prioritise their ILR application by paying an additional fee to the Home Office for priority service. This may be of particular interest to ILR applicants who are aware that they will need to wait 12 months before they can make a citizenship application.
Common pitfalls
British Citizenship Lawyers have the expertise and experience to help applicants avoid many common pitfalls when applying for citizenship. These pitfalls include:
- Errors and inaccuracies such as names, dates or incorrect application fees.
- Missing or unreadable information because documents are not scanned properly.
- Applying under the wrong section of the British Nationality Act, as there are two routes to citizenship – as a general applicant or as the spouse of a British citizen. The eligibility criteria are different.
- Insufficient evidence given of how the applicant meets both the relevant residence requirement and is within the relevant absence thresholds.
- Assuming minor issues do not need to be disclosed, such as parking or traffic offences. It’s best to take British citizenship legal advice on the extent of disclosure required because if the Home Office believes information was deliberately withheld or minimised, it may lead to the citizenship application being refused. The refusal may impact further applications.
- Not addressing potential problem areas in the application or covering letter, such as the good character requirement where an applicant has a criminal conviction, has been the subject of a previous HMRC investigation or has a complex immigration history.
- Referees do not meet the Home Office criteria or have not signed the necessary declaration form.
For additional information on how to make a successful citizenship application, have a look at our page A Complete Guide to British Citizenship.
How OTS can help
The long immigration journey from initial visa application to British citizenship has always been a daunting process for newcomers. Still, with Labour’s consultation on changes to the residence requirement for ILR and Nigel Farage's threat of retrospective legislation to abolish ILR for existing holders, there has never been a more critical time to understand the difference between Indefinite Leave to Remain and British citizenship, as well as the benefits that British citizenship confers.
At OTS Solicitors, our Law Society-accredited Immigration Lawyers can answer your questions on your settlement status and help you move from ILR to British citizenship as quickly and smoothly as possible. Whilst we cannot predict ILR under a new government, our experts can help qualifying applicants with their questions on ‘should I apply for citizenship with ILR’ and then guide and support you through the process with specialist immigration legal advice, attention to detail and with the calm reassurance that you are in safe hands at OTS Solicitors.
Contact us by phone or complete our online form to schedule an appointment at our London offices or arrange a phone or online consultation.
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