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Nigel Farage’s Immigration Overhaul: Legal and Practical Hurdles Ahead

Nigel Farage, leader of Reform UK, has unveiled a sweeping immigration policy that includes scrapping Indefinite Leave to Remain (ILR) and replacing it with renewable five-year work visas. While the proposal aims to reduce welfare dependency and overhaul the UK’s immigration system, it faces significant legal, practical, and political challenges.

Key Proposals

  • Abolition of ILR: Farage’s plan would revoke ILR status for over 800,000 individuals, requiring them to reapply under stricter conditions, including higher salary thresholds and advanced English proficiency.
  • Stricter Visa Conditions: The new system would impose higher salary thresholds, advanced English proficiency requirements, and longer residency periods before granting citizenship.
  • Exclusion from Welfare: The proposal includes denying welfare benefits to all non-UK citizens, reserving such support for UK citizens only.
  • Retrospective Application: Existing ILR holders would be required to reapply under the new system, potentially leading to the loss of their settled status.

Legal and Practical Challenges

1. Retrospective Revocation of ILR

Revoking ILR status for individuals who have legally resided in the UK for years raises serious legal concerns. Such actions could violate human rights protections, including the right to family life and protection from discrimination. Legal experts warn that this approach could lead to “legal and practical chaos.”

2. Human Rights Implications

The proposed changes may infringe upon rights protected under the European Convention on Human Rights, particularly concerning family life and non-discrimination. Experts caution that altering these rights could have broader implications for everyone within the UK’s jurisdiction.

3. Administrative and Logistical Challenges

Implementing a system that requires hundreds of thousands of individuals to reapply for visas would place immense strain on the UK’s immigration infrastructure. The process could lead to delays, errors, and increased costs, complicating the immigration system further.

4. Economic and Social Impact

The exclusion of non-UK citizens from welfare benefits could have significant social implications, particularly for those who have contributed to the UK economy for years. Additionally, industries that rely on migrant labour may face challenges in adapting to the new system.

Likely Legal Challenges

Given the issues above, here are some of the main grounds on which the proposals could be challenged in court:

1.     Judicial Review
People affected (especially those with settled status) could bring challenges on grounds of unreasonable or unfair decision-making, lack of legitimate expectation, breach of human rights, etc.

2.     Human Rights Claims
Under the Human Rights Act / ECHR (Article 8, perhaps Article 14), claims concerning family life, and protection from discrimination, may be raised.

3.     Breach of EU/International Treaties
If any agreements protect certain categories (EU citizens, refugees) then those could be invoked. Also, commitments made under international refugee law or UN conventions.

4.     Equality & Discrimination Laws
The proposals might disproportionately impact certain nationalities, ethnic groups, or other protected categories. This could give rise to discrimination claims.

Conclusion

While Farage’s immigration overhaul proposal aims to address concerns about welfare dependency and immigration control, it faces significant legal, practical, and political challenges. The retrospective application of new immigration rules, potential human rights violations, and the strain on administrative resources could undermine the effectiveness and fairness of the proposed system. As the debate continues, it remains to be seen how these challenges will be addressed and whether the proposed reforms will be implemented in their current form.

K Maitaram -Turner

Barrister

22nd Sept 2025

Kareesha Turner

Barrister and Litigator 

Public Access Qualified

Imperium Chambers

Phone0207 242 3488

Webwww.imperiumchambers.co.uk

Email[email protected]

THANET HOUSE, 231-232 STRAND, LONDON, WC2R 1DA

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KT Legal

Kareesha Turner

Kareesha is an internationally recognised barrister known for her fearless advocacy, global perspective, and deep commitment to justice. With a practice that spans human rights, commercial law, rand regulatory compliance,, she represents individuals, communities, and corporations across multiple jurisdictions — always with integrity and precision.

Of Mauritian and Persian heritage, Kareesha celebrates her cultural roots and brings a rich, intersectional understanding to her work. She is fluent in English, French, and Hindi, allowing her to communicate across borders and cultures with ease — an invaluable strength in both her legal and advocacy work.

Kareesha knew she wanted to be a barrister from the age of seven, a calling that has shaped her life and career. Today, she continues to channel that early ambition into meaningful action, representing the voiceless, challenging injustice, and advising clients on complex international legal matters.

One of her all-time favourite books is Le Petit Prince by Antoine de Saint-Exupéry. The line that most inspires her is:
“On ne voit bien qu’avec le cœur. L’essentiel est invisible pour les yeux.”
(One sees clearly only with the heart. What is essential is invisible to the eye.)
This quote reflects Kareesha’s belief that true advocacy goes beyond facts and law — it requires empathy, insight, and a moral compass.

Outside of law, Kareesha is passionate about reformer Pilates, often spending early mornings at the studio to stay centred and energised. She also enjoys hiking in nature, where she finds space for reflection, and has a creative flair for interior design, viewing spaces as powerful expressions of identity and intention.

Whether in the courtroom, the community, or at the crossroads of global legal issues, Kareesha leads with principle, purpose, and heart.