UK doubles residency wait to 10 years: How Indians will be impacted decoded

The UK has proposed an earned settlement system that blocks access to benefits until citizenship, doubles residency periods, and raises long-term costs for Indian workers, students and families

In its most sweeping immigration overhaul in nearly five decades, the United Kingdom (UK) on Thursday unveiled an “earned settlement” model that would allow migrants to access benefits and social housing only after becoming British citizens. The plan, set out by UK Home Secretary Shabana Mahmood, also proposes major changes to how and when long-term residency can be secured.

 

Mahmood said that around 1.6 million people are projected to gain settled status between 2026 and 2030, and the framework governing their path to residency will now be reshaped. The change is expected to affect migrants who entered the UK under the previous Conservative government—Indians among them.

 

 

According to the UK Office for National Statistics, Indians were the largest group of immigrants to the UK in 2023, with roughly 250,000 arriving for work or education. The Indian-origin population in the UK now exceeds two million, forming the country’s largest ethnic minority group.

 

How will Indians be impacted?

 

“This move will have a particularly pronounced impact on Indian nationals. Indians constitute one of the largest groups of skilled workers, students transitioning into employment, and family-route migrants in the UK,” said Palak Gupta, Advocate, Jotwani Associates, speaking to Business Standard.

 

“Doubling the settlement period effectively means they will remain on temporary status for a much longer duration, face repeated visa renewals, and incur substantially higher costs through application fees and the immigration health surcharge. For many families, this change prolongs uncertainty around long-term planning, permanent employment pathways, schooling choices for children, and decisions regarding property or business investments. If the rule is implemented without adequate transitional safeguards, it risks unsettling thousands of Indian professionals who migrated under the assurance of a stable, five-year settlement track,” she said.

 

Gupta explained that legal challenges may be possible but face barriers. “Immigration policy, including who may settle and on what terms, is a core sovereign function of the State. Courts in the UK have repeatedly held that decisions about visa conditions, settlement eligibility, and nationality fall within the Executive’s authority,” she said.

 

She added that arguments based on legitimate expectation will be difficult unless the changes are applied retrospectively without safeguards. “Challenges based on procedural unfairness or irrationality would require showing that the rule was introduced without proper consultation or lacked a sound basis. Even human-rights arguments under Article 8 face a high bar. The judiciary will be slow to interfere with a policy that Parliament can justify as part of its authority over who may reside permanently in the country,” she said.

 

Gupta advised Indian nationals to stay prepared. “They should monitor the consultation process, maintain documentation of their immigration history, and seek advice early to understand whether their circumstances fall within the narrow set of cases that may support a challenge. Collective advocacy through diaspora groups, industry bodies, or representations to MPs may be more effective than litigation,” she said.

 

She added that Indian professionals play an essential role in the UK’s health system, technology firms, research sectors and wider economy. Tight settlement rules, she said, could discourage relocation and affect talent retention. 

According to Gupta, Indian migrants must now: 

• Monitor the government’s consultation process closely.

• Keep thorough records of your immigration history and all visa paperwork.

• Seek legal advice early to understand whether your case may support a challenge.

• Join collective advocacy through diaspora groups, industry bodies or MP representations.

• Plan for longer periods on temporary status, including repeated visa renewals and higher costs.

 

What does the 10-year settlement wait mean?

 

“The new rule will apply to almost two million migrants who arrived in the UK from 2021, subject to consultation on transitional arrangements for borderline cases,” the UK government said in a release on Thursday.

 

Officials clarified that people who already hold settled status will not be affected.

 

How will the extended 15-year period affect health and social care workers?

 

Low-paid workers, including the 616,000 people and their dependants who entered on health and social care visas between 2022 and 2024, will now face a 15-year timeframe. The route was closed earlier this year after concerns of widespread abuse.

 

The government has also introduced penalties for misuse of the immigration system. Migrants who rely on benefits may face a 20-year wait for settlement, the longest such period anywhere in Europe.

 

Undocumented migrants and visa overstayers could be required to wait up to 30 years before qualifying for settlement, making long-term residency nearly unattainable.

 

What is the settlement period for medics and nurses?

 

Doctors and nurses working in the National Health Service will remain eligible for settlement after five years. The NHS has long relied on Indian workers employed as nurses, health visitors and doctors.

 

“To support economic growth, the brightest and best of international talent could have settlement fast-tracked – with high earners and entrepreneurs able to stay after just three years,” the government said.

 

Mahmood said the changes respond to the “unprecedented number of arrivals” in recent years.

 

“To settle in this country forever is not a right, but a privilege. And it must be earned,” she said.