Migrant Workers Prepare Legal Challenge to UK Government Over ILR Changes
More than 8,000 migrant workers are preparing to launch a legal challenge against the UK government over proposed changes to the requirements for Indefinite Leave to Remain (ILR), according to the Skill Migrants Alliance. The organization is ready to seek a judicial review of the Home Office’s plans to potentially extend the qualifying period for ILR from five years to ten.
The Alliance has already raised £25,000 through a CrowdJustice campaign and secured legal advice from barrister Sonali Naik KC, preparing for a potential legal battle. The group argues that retrospectively changing the rules for those who moved to the UK under the existing five-year pathway would be unlawful and unfair.
“If the UK Government implements the rules as it is, we will definitely go for the judicial review,” said Nilan Manoj, a Scotland-based organizer with the Skill Migrants Alliance. “It looks so unfair to us, so unfair to our children.” He emphasized the belief that implementing the law retrospectively is unjust, prompting the organization to “fight back.”
The proposed reforms are part of a wider package of immigration changes announced by Home Secretary Shabana Mahmood in November 2025. The changes have been widely criticized as “inhumane” and “draconian.” The UK government’s public consultation on the proposals concluded on February 12, 2026, with potential implementation as early as April 2026.
The potential changes could affect settled status, granting the right to live and work in the UK permanently without employer sponsorship, impacting up to 2.2 million people, including approximately 300,000 children.
“Legitimate Expectation” at the Heart of the Challenge
The legal basis for the challenge centers on the doctrine of “legitimate expectation,” a principle of public law that ensures fairness by holding public authorities to their promises. Migrants argue they made life decisions – moving to the UK, building careers, and starting families – based on the clearly defined five-year pathway to ILR.
Udeni Gajanayeke and her husband, Keerthi Weerasekera, exemplify this situation. They arrived in the UK with the understanding that they could apply for settled status after five years. “This was a legitimate expectation, not an assumption. We built our future around this framework,” Gajanayeke stated.
Several individuals have shared their stories, highlighting the personal impact of the proposed changes. Ahsan Raza Sabri, who moved to the UK from Pakistan in 2020 to work for the NHS, expressed concern that the changes undermine the trust placed in the UK government. “We do not ask for special treatment. We ask only that the rules under which we began our journey are honoured,” he said.
Thushari Randima and her husband are expecting a baby in March 2026 and relocated to the UK in December 2023 based on the existing five-year rule. Randima explained that the changes create instability for their family and impact their ability to plan for the future. “This situation is not simply a policy matter for us. It affects our children’s security, our family’s wellbeing, and our ability to plan a stable future,” she said.
Impact on Family Planning
For some, the proposed changes are even impacting decisions about starting a family. Deepa Natarajan and her husband Vinoth Sekar have been living in the UK for over four years and had planned to apply for ILR in October 2026. However, the potential extension to ten years is delaying their ability to pursue fertility treatment.
“Under the new proposals, we now face the possibility of waiting several additional years before obtaining settlement. This would significantly delay our ability to pursue treatment. As fertility is time-sensitive, this delay may greatly reduce our chances of having a child,” Natarajan explained. She added, “Immigration rules should not place families in a position where they must choose between maintaining lawful status and pursuing the opportunity to have children.”
Preparing for Judicial Review
The Skill Migrants Alliance is actively documenting case studies and coordinating with legal representatives in preparation for a judicial review. A statement from the organization emphasized their commitment to fairness, protection for families, and respect for the expectations under which migrants came to the UK. “We are not asking for special treatment. We are asking for fairness, consistency, and respect for the expectations under which we came,” the statement read.
A Home Office spokesperson stated that the Home Secretary has outlined plans for the “biggest legal migration reforms in 50 years,” emphasizing that settling in the UK is a “privilege not a right” and “must be earned.” The spokesperson added that the government is reforming a “broken immigration system to prioritise contribution and integration.”
