Farage’s plan to scrap indefinite leave to remain would ‘trash UK’s reputation’ and be blocked in court, lawyers say

Nigel Farage's proposal to abolish indefinite leave to remain (ILR) for migrants would significantly damage the UK's reputation for fairness and is likely to be blocked by the courts, according to legal experts. Lawyers argue that retroactively revoking ILR or preventing those with a legitimate expectation of obtaining it from applying would violate the principle of non-retrospectivity, a cornerstone of administrative law. Immigration lawyers have stated that such a policy would face successful legal challenges based on "legitimate expectation," meaning individuals have a right to rely on existing laws not being changed substantially in hindsight. This principle is deeply embedded in common law and is considered crucial for the rule of law, regardless of the UK's relationship with the European Convention on Human Rights. Former Conservative solicitor general Robert Buckland KC has warned that Farage's plan "runs counter to our British values" by unfairly impacting innocent people. Labour's chair Anna Turley has similarly condemned the proposal as "extreme and divisive," arguing it would tear communities apart and harm the UK's international standing. Reform UK defends its plan, stating it aims to ensure only British citizens access welfare and that migrants contribute to society, accusing Labour of using accusations of racism to oppose their policies. However, the legal consensus sug... download the app to read more