Migrants already in UK face longer wait for permanent settlement

New rules making migrants wait longer to qualify for permanent settlement in the UK will apply to people already in the country, under government plans.

On Monday the government announced immigrants would now typically have to live in the UK for 10 years before applying for the right to stay here indefinitely – double the current five-year period.

It was previously unclear whether this would apply to the approximately 1.5 million foreign workers who have moved to the UK since 2020.

The BBC understands a document published in the coming weeks will make clear the government is preparing to apply the 10-year qualifying period to those who are already in the UK as well as to new visa applicants.

The move will be subject to a public consultation.

A government source said Home Secretary Yvette Cooper had for some time been concerned that under the current five-year process there is set to be a significant increase in settlement and citizenship applications in the next few years, reflecting the surge in immigration in the early years of this decade.

A policy document published on Monday said there would continue to be a five-year qualification period for non-UK dependents of British citizens.

There will also be shorter qualification periods for people who can show they have contributed to the UK’s “economy and society”.

The announcement was part of a wider package of measures set out on Monday to cut legal migration.

Net migration – the number of people coming to the UK minus the number leaving – climbed to a record 906,000 in June 2023, and last year it stood at 728,000.

In a speech on Monday, Prime Minister Sir Keir Starmer said the measures would mean “settlement becomes a privilege that is earned, not a right, easier if you make a contribution, if you work, pay in, and help rebuild our country.”

Some Labour MPs have raised concerns about the possibility longer qualifying periods for settlement could apply to people already in the UK.

Florence Eshalomi, who chairs the Commons housing, communities and local government committee, told MPs the lack of clarity had left some of her constituents “understandably worried”, with one telling her they were considering leaving the UK “because their settled status here is in jeopardy”.

In response, Cooper told MPs the government would set out further details later this year, with a consultation to follow.

‘Betrayal’

Isa, who came to the UK three years ago with his wife, said the change felt like “fraud” and “a betrayal”.

“We had other options as well – we came here with the promise of settlement status here,” he told BBC Radio 5 Live.

“We need to stay two more years under current rules [to be eligible for permanent settlement].

“This was our plan for life here. And now everything has changed.

“I’m now thinking about moving to the US. Don’t get me wrong, I absolutely love living here. I was feeling welcome when I came here at first and it’s the first moment that I feel like I’m completely unwelcome.”

Both Isa and his wife work for a tech company, with his wife on a skilled worker visa, while he came to the UK as her dependent.

He suggested the change could see some international companies that rely on foreign workers closing their UK branches.

The 35-year-old added: “I think it has consequences for the high-talent coming here. They’re not sure if the rules are going to change.”

The Migration Observatory said a 10-year route to settlement would make the UK more restrictive than most other high-income countries but comparable to Switzerland and Japan.

It said the move was unlikely to significantly affect migration levels but it would bring in more visa-fee revenue for the Home Office because people on temporary visas pay ongoing fees.

Migrants would also face longer periods without the rights that come with permanent settlement, which include the right to live, work and study in the UK for as long as desired, and to apply for benefits.

Permanent settlement can also be used to apply for British citizenship.

Enny Choudhury, co-legal director at the Joint Council for the Welfare of Immigrants charity, said the move was “a cruel betrayal”.

“These are our neighbours and friends. They’ve already built their lives in the UK, and moving the goalposts now will plunge many into deeper debt, uncertainty and trauma,” he said.

“We need a system that offers people a clear, affordable and compassionate pathway to settlement.”