Kemi Badenoch Unveils Tougher UK Immigration Rules: Migrants on Benefits Barred from Settling Permanently

In her first major policy move as Conservative leader, Kemi Badenoch has announced stricter immigration measures that will prevent migrants on work visas from securing permanent residency if they claim benefits.

Under the proposed changes, the waiting period before migrants can apply for Indefinite Leave to Remain (ILR)—a crucial step towards British citizenship—will be extended from five years to ten years. This policy shift aligns with the Conservative Party’s push to tighten immigration rules amid record-high migration levels.

Stricter Rules for British Citizenship

ILR allows migrants to live, work, and study in the UK without restrictions. Currently, individuals who have worked in the UK for five years can apply, with some visa categories offering eligibility in as little as two or three years. After holding ILR for 12 months, a person can then apply for British citizenship.

However, under Badenoch’s plan, citizenship applications would only be allowed after 15 years of ILR—a significant extension from current rules. The Conservative Party is urging the government to enforce these changes retroactively from 2021, through amendments to the Border Security, Asylum, and Immigration Bill, which is set to be debated in Parliament next week.

Tougher Eligibility Criteria for Migrants

The new policy places economic contributions at the heart of eligibility for permanent residency and citizenship. Migrants applying for ILR would need to prove that they are net contributors to the economy, meaning their salary and tax contributions outweigh their cost to the state.

Additionally, individuals with a criminal record or those who have claimed benefits or social housing would be barred from gaining permanent residency.

Shadow Home Secretary Chris Philp reinforced this stance, stating:

“If someone has consistently relied on benefits and not worked over a period of time, then we don’t want to grant them indefinite leave to remain.”

The “No Recourse to Public Funds” Rule

Migrants in the UK under visas, illegal status, or asylum claims typically cannot access welfare benefits or social housing due to a visa condition known as “no recourse to public funds”. However, some individuals can apply to have this restriction lifted. According to the Migration Observatory, approximately 2,500 migrants successfully did so between 2021 and 2022.

Government Response: Addressing High Migration Numbers

Despite these proposed restrictions, Downing Street has stated that there is “very little to no evidence that citizenship acts as a pull factor for people choosing to come to the UK.”

However, the Prime Minister’s spokesperson emphasized that the government’s focus remains on controlling migration levels and tackling the root causes behind the surge in numbers.

A Tougher Path to UK Citizenship

Badenoch’s proposal reflects a more restrictive immigration strategy, aiming to ensure that permanent residency and citizenship are reserved for those who show long-term commitment to the UK. As she put it:

“The right to citizenship and permanent residency should only go to those who have demonstrated a real commitment to the UK.”

With the upcoming Parliament debate on the Border Security, Asylum, and Immigration Bill, these proposed changes could reshape the UK’s immigration landscape, making it significantly harder for migrants to gain long-term settlement—especially if they have relied on state support.