Key Changes Under Labour’s Radical Asylum Reform

The six key changes under Labour's radical asylum overhaul

Home Secretary to announce sweeping changes on Monday to reform what she called a 'broken' immigration system

Here, we break down exactly what the Home Office is proposing.

Ending automatic permanent protection

At present, refugees are granted five years of refugee status before being able to apply for indefinite leave to remain (ILR), which provides access to public funds, an unrestricted right to work and, eventually, citizenship.


The five-year period functions as the point at which protection effectively becomes permanent, with most applicants progressing to ILR unless they have committed serious offences.

Mahmood intends to replace this with an entirely temporary system. All refugee status will be time-limited, with mandatory reviews every 30 months to determine whether protection is still required.

Those whose home countries are assessed as safe will be required to return immediately, ending what ministers describe as the “automatic path” to long-term settlement.

The Home Office also plans to remove any presumption that protection will be renewed, meaning individuals will need to demonstrate an ongoing need for asylum at each review.

Ministers say the change brings the UK closer to Denmark, where temporary residency permits typically last two years and must be repeatedly renewed. 

Denmark abolished the expectation that extensions would be granted, and has used the system to begin returning people to countries where the security situation has improved. 

Government sources have argued that the Danish approach contributed to successful asylum claims falling to a 40-year low and believe a similar structure in the UK will reduce incentives for irregular migration.

20-year settlement route for people arriving illegally

A central change will be a new 20-year qualifying period for permanent residence for those who arrive in the UK via irregular routes and later

Our system is particularly generous compared to other countries in Europe, where, after five years, you’re effectively automatically settled in this country. We will change that,” Mahmood told Sky News.

She said the extended pathway is intended to “change the assumptions” of those considering crossing the Channel.

There will be limited mitigations. Mahmood said that skilled refugees will be able to shorten the period if they enter “specific” work or study routes, saying: “The more you contribute, you can bring forward that [20-year] period.” 

It is also expected that a separate 10-year pathway will be created for those who arrive legally under new designated settlement schemes.

Scrapping the statutory duty to provide asylum support

Mahmood will also repeal the UK’s legal duty to provide asylum support, a requirement derived from a 2005 EU directive. 

Currently, asylum seekers who would otherwise be destitute are guaranteed accommodation and a weekly allowance of at least £49.18 per person, or £9.95 in catered settings.

A Home Office spokesperson told The Guardian: “Automatic handouts for those seeking refuge will end… Support will no longer be a given; it becomes a discretionary power.” The spokesperson added that the Home Office will be able to deny support to people who can work but do not, people with assets, those who breach removal directions, those who work illegally or those who disrupt accommodation settings.

Mahmood told The Sunday Times: “There are some people who currently receive asylum support who can work, who have the right to work, and we want them to work.”

Ministers reportedly do not currently plan to expand the right to work, meaning most asylum seekers would still be unable to access employment and therefore unlikely to lose support. 

Approximately 100,000 people are in the asylum support system, including around 8,500 who have the right to work because they entered on visas prior to claiming asylum.

Reforms to human rights provisions

Another part of the package focuses on how Article 8 of the ECHR, covering the right to family life, is applied in immigration decisions.

Mahmood is set to instruct courts to give greater emphasis to public safety when balancing deportation cases.