Migrants face longer wait for UK settlement under new rules
Migrants face longer wait for UK settlement under new rules

Migrants will face longer waits for permanent settlement in the UK under changes announced by Home Secretary Shabana Mahmood. The new Earned Settlement system will increase the standard qualifying period for indefinite leave to remain (ILR) from five to 10 years, with shorter routes for higher earners and certain public service workers.

The reforms also introduce tougher requirements for applicants, change settlement rules for refugees, and provide concessions for some overseas care workers.

What the changes mean

The standard qualifying period for settlement will double from five to 10 years for most migrants, including those earning less than £50,000 a year. Those who do not qualify for a shorter route can still apply after 10 years, provided they demonstrate a sustained contribution to Britain and meet mandatory requirements. They can renew existing temporary visas while working towards settlement, provided they continue to meet visa conditions.

Rules will be assessed when a settlement application is decided, rather than being determined by requirements in place when someone first arrived. This means people already living in the UK who have not secured settled status could also be affected.

Faster routes for high earners and public service workers

Migrants earning more than £50,271 will be able to apply for settlement after five years. The five-year route will also remain available to certain public service workers, including doctors, nurses and teachers.

Those earning more than £125,000 and paying the highest rate of income tax will be eligible for a three-year route. The same shorter qualifying period will be available to people arriving through the Government's highest talent schemes.

Concession for foreign care workers

Around 250,000 people, including dependants, arrived or switched into the social care visa route between 2022 and 2025. The Home Secretary said around a quarter had failed to fulfil the conditions of their visas.

Care workers who earned at least £25,000 a year and worked in social care, as required by their visa conditions, will retain the existing five-year route to settlement. Those who did not fulfil their visa conditions will be offered a second chance through another five-year care visa. They will no longer be tied to their previous employer, allowing workers whose sponsors were fraudulent or exploitative to find legitimate jobs elsewhere.

Similar transitional arrangements will apply to public sector workers in healthcare and education in roles identified by the Migration Advisory Committee, including auxiliary nurses. The concessions apply only to those who joined the relevant routes before the Immigration White Paper was published in May 2025.

Refugees face longer waits

The reforms introduce different settlement periods depending on how refugees entered Britain. People arriving through Home Office-approved safe and legal routes will be able to apply for settlement after five years. For refugees who did not arrive through those routes, the standard qualifying period will rise to 20 years.

The Government says refugees who enter work or study will be able to earn settlement 10 years earlier. Anyone who entered Britain through an illegal method, such as by small boat, will face an additional 10-year waiting period on top of the standard 20 years. This could mean some people waiting as long as 30 years.

Regardless of settlement status, genuine refugees will continue to receive protection for as long as they need it.

Stricter conditions for everyone

Applicants will have to meet mandatory requirements covering their character, integration and contribution. Ms Mahmood identified four non-negotiable conditions: no criminal record, speaking English to a high standard, having no unpaid debt to the taxpayer, and having made at least three years of National Insurance contributions.

The Government's published consultation response also lists the Life in the UK Test as a mandatory requirement, alongside English language, character and suitability, government debt and sustained contribution. Anyone who has claimed benefits must also have spent five continuous years without relying on the state before applying for settlement. Migrants who commit an immigration breach will face a qualifying period of at least 20 years.

The Government has published the policy framework, but detailed changes to the Immigration Rules and operational arrangements still need to be drawn up. Further technical guidance and a full impact assessment will be published before implementation. The Government has not yet confirmed a definitive timetable for bringing the reforms into force.

Existing settled status will not be taken away. Separate settlement pathways will also remain in place for Hong Kong British Nationals (Overseas), members of the Armed Forces, people with a British connection and those on legacy routes such as Windrush. The announcement has prompted criticism from opposition politicians, with Shadow Home Secretary Chris Philp describing the care-worker concession as a U-turn and claiming it could cost £10 billion, while Reform UK leader Nigel Farage called it the "beginning of the capitulation".