Most migrants will now have to wait 10 years, instead of five, to apply for permanent residency, while some could face waits of up to 30 years. Higher earners, however, will be able to settle sooner, with people earning more than 125,000 British pounds a year eligible to apply after just three years.
The UK government on Monday (November 2) announced sweeping reforms to the rules on how migrants can secure permanent residency, replacing the traditional five-year pathway for many workers with a new "earned" settlement system.
Under the changes, unveiled by UK Home Secretary Shabana Mahmood, most migrants arriving on work visas will have to wait 10 years before applying for indefinite leave to remain, known as ILR.
The changes, scheduled to take effect in 2027, will also apply retrospectively to migrants already living in the UK, potentially delaying settlement for hundreds of thousands of people.
InfoMigrants breaks down what the new rules mean for migrants and refugees.
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How long will you have to wait for permanent residency?
Most migrants will now have to wait 10 years to apply for permanent residency, double the previous five-year period. However, the wait will vary depending on how much they earn, the work they do and their immigration history.
The main categories are:
- Three years: Migrants earning more than 125,000 pounds (approximately 150,000 euros) annually.
- Five years: Those earning more than 50,271 pounds (around 60,257 euros), qualifying public service workers such as doctors, nurses and teachers, and eligible care workers earning at least 25,000 pounds (around 29,965 euros).
- 10 years: Most other migrants on employment routes.
- 20 years: Certain migrants who have breached visa conditions or claimed specified benefits, as well as refugees who did not arrive through approved safe and legal routes.
- Up to 30 years: Certain refugees who entered through small-boat crossings or other irregular means and do not qualify for a shorter settlement period or who might have waited ten years and then been found to have breached a condition or be claiming specified benefits, leading to the 10-year category to be added to the 20-year one).
The government estimates that more than 500,000 people will have to wait longer than five years to settle under the reforms.
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What do you need to earn to qualify for faster settlement?
Income will play a central role in determining how quickly you can obtain permanent residency.
People earning more than 125,000 pounds a year (approximately 150,000 euros) will be eligible to apply after three years, and workers earning more than 50, 271 pounds (around 60,257 euros) will retain a five-year pathway.
The government has also protected certain public service professionals, including doctors, nurses and teachers, who will be able to apply after five years.
These shorter waiting periods will still depend on applicants meeting the other settlement requirements. A qualifying salary alone will not guarantee permanent residency.
What about care workers?
Following criticism from trade unions and Labour politicians over how the reforms would impact the UK’s care sector, the government has decided to soften its original proposals. Overseas care workers play a significant role in the UK’s healthcare, especially those who came during the COVID-19 pandemic.
Eligible care workers will be able to apply for settlement after five years, provided they have abided with their visa conditions and earned at least 25,000 pounds (around 29,965 euros) annually.
Workers who do not qualify for the five-year route will be offered an additional five-year visa, allowing them more time to meet the settlement requirements. They will only be able to apply for permanent residency after completing that period.
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How will the rules affect refugees and asylum seekers?
Refugees will face different settlement periods depending on how they entered the UK.
People arriving through Home Office-approved safe and regular routes will be eligible to apply for permanent residency after five years.
For refugees who did not arrive through an approved route, the standard qualifying period will be 20 years. This can be reduced to 10 years for people who work or study.
People arriving by small boat or other irregular or clandestine means of entry will face an additional 10-year waiting period, potentially taking the total time to settlement to 30 years.
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What other conditions do you have to meet?
Regardless of their qualifying period, everyone applying for settlement will have to satisfy four compulsory conditions:
- A clean criminal record: This is a stricter requirement than the previous rules, which generally used a threshold of a 12-month suspended sentence.
- English proficiency: Applicants must demonstrate a high standard of spoken English, described as equivalent to A-level English as a foreign language.
- No outstanding debts to the taxpayer: Applicants must not owe money to the government.
- National Insurance contributions: They must demonstrate a sustained record of contributions.
The government says these requirements will ensure settlement is based not only on time spent in Britain but also on applicants' conduct and contribution to society.
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Will migrants already living in the UK be affected?
Yes, the new rules will apply retrospectively, meaning migrants already in the UK could have to wait longer than originally expected to qualify for permanent residency. The changes will not, however, remove settled status from anyone who already holds it.
Family members of British citizens, Hong Kong British Nationals (Overseas) and members of the armed forces will also retain their existing settlement pathways.
The government says those who do not qualify for faster settlement will have opportunities to apply for further visas, allowing them to remain in the UK and work towards meeting the requirements.
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Why is the government changing the rules?
The reforms are part of Labour's wider effort to tighten immigration controls and reduce the number of migrants gaining permanent residency within five years as public anti-migrant sentiments spread.
The reforms are also a response to political pressure, including from Nigel Farage's populist Reform UK party, which has grown in popularity in recent years with calls for tougher migration controls.
"From today, it must be earned. Those who contribute most will settle fastest. Those who don't play by the rules will be refused or wait much longer," Mahmood has said.
The government claims that the changes will reward economic contribution, encourage compliance with immigration rules and reduce future welfare spending. But the proposals have proved controversial, particularly over their retrospective application and the potentially lengthy waits facing refugees and lower-paid workers.
For migrants already building their lives in the UK, the changes could mean a significant delay in securing permanent status.