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Leave to Remain, or Leave Us Alone?

  • Writer: Jess Gondwe-Atkins
    Jess Gondwe-Atkins
  • 7 hours ago
  • 4 min read
UK residence permit with pink and blue design, text shows valid until 31-12-2024, type: settlement, indefinite leave to remain.

British politics has found a new playground fight: who gets to stay in the UK? On one side you’ve got Nigel Farage and Reform UK, demanding the scrapping of Indefinite Leave to Remain altogether (yes, abolish it, revoke it, throw it in the bin). On the other hand, Labour’s leadership, calling that plan “racist” and warning it would deport thousands of people who’ve built lives, paid taxes and contributed to the UK.


It’s become the immigration equivalent of Strictly Come Dancing: dramatic spins, sharp footwork, and lots of shouting about who’s in and who’s out. Except the prize isn’t a glitterball trophy, it’s whether millions of people get to keep their homes, jobs, and futures here.


The Labour government has proposed that they will double the length of time someone would need before they are granted Indefinite Leave to Remain from five years to ten. “Earned settlement,” they call it. Translation: ten years of paperwork, English tests, visa fees, and the creeping sense that no matter how many shifts you pull in the NHS or how much tax you pay, you’re still on probation.


At The Unmistakables’ office (the corner shop), we had a fascinating conversation about indefinite leave to remain. We all had a relationship with citizenship, be that granted by birth, through family or slowly over time. We all had different experiences and also different understandings. We realised that information on how it all works is often hidden behind the simplified three-word slogans or shrouded in complete complexity. So we’ve done a bit of our own research to refresh our memories. 


Moving to the UK: The starting point


If you’re not British (by birth, parents, or descent), you usually need a visa to come to the UK. The most common routes are:


  • Work visa (e.g. Skilled Worker – for jobs like nurses, engineers, care workers)

  • Student visa (to study at a UK university or college)

  • Family visa (if you’re joining a spouse, partner, parent, or child already in the UK)

  • Humanitarian protection (for refugees and asylum seekers)


Each visa has strict conditions: how long you can stay, whether you can work, whether you can bring family, and how much it costs.


What statuses could you have in the UK?


  1. Visitor: You’re allowed in short-term (up to 6 months), but no right to work.

  2. Student visa holder: You can study, sometimes work limited hours, but must leave when your course ends unless you switch visas.

  3. Work visa holder: You can work in a specific role for a sponsoring employer. Usually tied to that job. Lose the job, potentially lose the visa.

  4. Family visa holder: You can live with a partner or relative in the UK, often on a path to settlement.

  5. Asylum seeker: You flee a life-threatening situation and place. You’re waiting for a decision on whether you qualify for refugee status. You usually can’t work legally.

  6. Refugee: You’ve been granted protection as you flee a life-threatening situation and place. You can work, access healthcare and benefits, and after 5 years can apply for settlement.

  7. Pre-settled / Settled status (EU nationals): For EU/EEA citizens who moved here before Brexit. Settled status works like ILR.

  8. Indefinite Leave to Remain (ILR): You’ve earned the right to stay permanently, usually after 5 years on certain visas (or 10 years on long residence). This gives freedom to work, access public services, and stability.

  9. British Citizenship – The final step. You can apply once you’ve held ILR for at least 12 months (or immediately if you’re married to a Brit).


How do you actually get Indefinite Leave to Remain?


ILR is the key milestone for long-term residents. The most common paths include:


  • Work visa route: Hold a Skilled Worker visa for 5 years, stay continuously employed, and meet salary/English language requirements.

  • Family visa route: Live in the UK for 5 years with a British spouse/partner or child, meeting financial and relationship tests.

  • Refugee route: Granted refugee status → 5 years later, apply for ILR.

  • Long residence: Live lawfully in the UK for 10 years (can be a mix of visas).

  • Other special routes: Certain visas (like Global Talent or Innovator) may have shorter paths (2–3 years).


Requirements for Indefinite Leave to Remain include:


  • Continuous lawful residence (no big breaks outside the UK)

  • Passing the Life in the UK test (questions about history, culture, politics)

  • Meeting the English language requirement

  • No serious criminal record

  • Paying the application fee (currently £2,885 per person in 2025, plus lawyer/test costs for many applicants)


The bigger picture


Getting ILR is like graduating from probation. Until then, most migrants live with conditions and insecurity: tied to employers, limited benefits, high costs, and constant applications. Once you have ILR, you can work anywhere, claim benefits if you are entitled and can show that you need them, and live without fear of visa expiry.


And if you go one step further, naturalising as a British citizen means you’ve got the ultimate “membership card”: a passport, voting rights, and the right to stay forever.


None of these statuses are automatic. You have to apply, prove things, pass tests. Oh, and did we mention it’s expensive? Visa fees can be thousands of pounds. Even if you’re coming to fill the staffing gaps like my mother-in-law, a nurse recruited straight into the NHS, you still need to cough up the cash, sit the exams, and fill out endless forms.


Our Unmistakable take


This isn’t just about law or logistics. It’s about identity, belonging, and who gets to be called “us.” In Britain, we all have a relationship with citizenship, whether it came at birth, through parents, marriage, or migration. But what’s becoming clear is that the government is shifting the bar. The message to many is: your contribution isn’t enough unless we say it is.


So as politicians spar over who’s “earned” the right to stay, let’s not lose sight of the humans behind the headlines. Because in the end, belonging isn’t about tests or timelines, it's about whether we see each other as equals and part of the same “us.”

 
 
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