Split-image illustrating the impact of Claiming Lawful Benefits on UK immigration status, showing a migrant family facing a UK Border sign with a “10 years” route on one side, and a “20 years” route with visa documents, passport and hourglass on the other, symbolising long residence, settlement timelines and Indefinite Leave to Remain in the UK.

Claiming Lawful Benefits May Cost Migrants a Decade More in the UK

Migrant families on long-term routes to settlement may be forced to abandon essential in-work benefits under proposed government reforms that could significantly extend the path to indefinite leave to remain (ILR).

Under current rules, more than 200,000 people are on the 10-year route to settlement, which requires four successive 30-month visa renewals before eligibility for ILR. Each renewal costs £3,908.50, including the immigration health surcharge. While most migrants are subject to a “no recourse to public funds” condition, the Home Office may lift this restriction in cases of financial hardship. As of January 2026, 78,088 individuals with limited leave to remain were claiming universal credit.

What Do the Proposed Immigration Reforms Include?

Proposals put forward by the Home Secretary, Shabana Mahmood, would see the qualifying period for settlement doubled to 20 years for individuals who have accessed public funds.

Under the suggested “earned settlement” framework, the baseline period would be set at 10 years. Individuals who accessed public funds for less than 12 months could face an additional five years before qualifying for ILR, while those who relied on support for longer periods could see a further 10 years added to their route.

Although the consultation has now closed, concerns remain about the potential impact, particularly if changes are introduced retrospectively. Implementation could follow as early as April.

Impact on Families Using In-Work Benefits

Advisory organisations report rising anxiety among families who fear that claiming lawful, means-tested support including universal credit, child benefit or disability-related assistance could jeopardise their long-term immigration status.

In some instances, individuals nearing eligibility for ILR have withdrawn from benefits despite continued financial hardship, citing fears that continued access could trigger an extended qualifying period. Critics argue that this creates a difficult choice between immediate stability and long-term security.

Many of those affected are in employment, often in lower-paid sectors such as care, hospitality and retail. The cumulative cost of repeated visa renewals, combined with prolonged uncertainty over settlement, is said to place considerable strain on household finances and career progression.

Will There Be Any Reductions to the Qualifying Period?

The government has indicated that the baseline qualifying period may be reduced in certain circumstances, including evidence of English language proficiency, higher taxable income, work in public service, volunteering, or close family ties to British citizens.

However, official proposals state that additional years imposed due to the use of public funds would take precedence over any reduction applied to the baseline period.

Wider Concerns Over Child Poverty and Integration

Supporters of reform argue that permanent settlement should reflect sustained contribution and integration into British society. Opponents contend that extending settlement routes on the basis of lawful benefit use risks deepening hardship, particularly where British citizen children are involved.

With potential changes approaching, families on the 10-year route face renewed uncertainty as they weigh financial necessity against the security of settled status in the United Kingdom.

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