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UK government confirms settlement shakeup for foreign workers

Key takeaways by Insider Paper

  • Government doubles Indefinite Leave to Remain qualifying period for most workers from five to 10 years after consultation.
  • Exceptions: high earners qualify after three years; doctors, nurses and teachers after five; care workers qualify after five with £25,000 earnings.
  • People who claimed certain benefits or breached visas face 20 years before settlement; illegal Channel arrivals 20 years, rising to 30 without work or study.
  • Changes apply to people already in the UK, not those with settled status; half a million will “settle later” and government says will save billions.

Britain’s Labour government on Monday confirmed plans to make many foreign workers already in the UK wait longer before they can apply to settle permanently.

However, interior minister Shabana Mahmood announced she was watering down a proposed tightening of rules for social care workers following anger from some ruling party lawmakers.

The reforms come as Prime Minister Andy Burnham’s administration tries to weigh voter demand for lower immigration with the government’s objective of boosting economic growth.

Following a lengthy consultation, Mahmood confirmed that the qualifying period for the so-called Indefinite Leave to Remain (ILR) for most workers will double from five to 10 years.

High earners will be able to apply after three years while public service workers including doctors, nurses and teachers will still be eligible after five years.

ILR allows someone to live, work and study in Britain without any restrictions and is a key route towards getting UK citizenship.

Mahmood said half a million people will “settle later” than five years due to her reforms which she said will “save billions” in benefits.

When Mahmood first announced her plans last year, lower-qualified migrants who arrived on health and social care visas faced a wait of up to 15 years for settlement.

Many arrived in the early 2020s under Conservative governments to fill gaps created by people who left after Britain exited the European Union and as the country reeled from the Covid-19 pandemic.

Senior Labour figures, including now cabinet ministers Angela Rayner and Miatta Fahnbulleh, had either criticised or refused to back Mahmood’s proposal.

Under the revised policy foreign care workers will only have to wait five years if they have met their visa conditions and earn at least £25,000 a year.

Mahmood told parliament the new rules would provide a settlement path for care workers “who worked hard and answered our call when we needed them”.

The shakeup follows a 12-week consultation on the initial proposals, during which the government received more than 200,000 responses.

Under the final plans, anyone arriving through regular migration channels who have claimed certain benefits or breached their visa would have to wait 20 years before being able to apply.

Refugees who arrived in the UK illegally, such as crossing the English Channel by small boat, will have to wait 20 years for settlement. That will rise to 30 if they have not entered work or study.

Refugees who arrive on pre-approved routes such as a scheme for Ukrainians and Hong Kong citizens will be able to apply after five years.

The new rules are due to be rolled out next year and will affect people who are already in the UK.

They will not impact people who already have settled status.

The government estimates that a total of 1.9 million people will receive settled status in the UK between 2026 and 2030.

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