UK: Foreign student visa misuse triggers settlement wait rise to 10 yrs

UK Indo-Pacific Minister Seema Malhotra defended plans to extend the settlement period to 10 years and raised concern over thousands of foreign students seeking asylum after finishing their courses

UK’s Indo-Pacific Minister Seema Malhotra on Tuesday defended her government’s immigration overhaul during a visit to India, saying she was troubled by the growing number of foreign students seeking asylum after completing their studies.

 

New settlement rules and who they cover

 

Under the proposals, some migrants may need to wait up to 20 years before they can settle permanently in the UK. The qualifying period for indefinite leave to remain is set to rise from five to 10 years.

 

The changes would apply to roughly 2.6 million people who arrived in the country from 2021 onwards. The plan has prompted criticism from a section of Labour MPs, even as some Conservative voices have offered cautious support.

 

 

Why does the UK say visa misuse is driving these reforms?

 

Speaking to the BBC in Chennai, Malhotra said the proposals mirror what several other countries already do to tackle abuse of their systems. “There is a very strong message we also send, which is that we welcome those coming legally,” said Malhotra.

 

She noted that about 16,000 international students applied for asylum last year after completing their courses. Another 14,800 sought asylum between January and June 2025, according to Home Office data. It is not yet known how many of these applicants were Indian nationals.

 

“We’ve seen visa abuse in the case of legal routes, where people have gone legally and then sought to overstay when their visas weren’t extended,” said Malhotra. “If you see that level of abuse, it undermines your immigration system. It undermines public confidence, and the fairness and control people expect.”

 

Why are Indian student numbers falling?

 

India remains one of the UK’s biggest sources of international students, but demand has cooled. The flow of Indian students fell by 11% from last year as tougher rules came into force. Universities reliant on overseas tuition revenue say they are worried about the financial impact.

 

Figures from the Migration Observatory at the University of Oxford show India accounted for 25% of international student arrivals in 2023–2024. China followed with 23%, and Nigeria with 8%.

 

Malhotra said Britain still “very much welcomes” Indian students but added that the government is working with institutions to ensure applicants are genuine.

 

How is the trade pact driving UK university expansion in India?

 

She also said the new UK–India free trade agreement (FTA) has encouraged British universities to establish campuses locally. Liverpool University recently confirmed it will open a campus in Bengaluru in 2026.

 

Signed in July, the FTA is expected to increase the UK’s GDP by £4.8 billion annually and expand bilateral trade by £25.5 billion. Under the education chapter of the deal, nine UK universities have clearance to set up campuses across India.

 

How is the migration debate shaping UK domestic politics?

 

These outward-looking ambitions come at a time when UK politics has tightened around migration. During a visit to India in October, Prime Minister Sir Keir Starmer said the UK would not relax visa rules for Indian nationals despite Delhi’s push for greater mobility as part of the trade negotiations.

 

Malhotra rejected suggestions that the UK is opening doors for trade while shutting out Indian talent. She pointed to almost half-a-million visas granted to Indian nationals last year across work, study and visitor categories.

 

What does the UK see as the future path for migrant workers?

 

Malhotra described Britain’s direction as moving towards a “contribution-based” system, where long-term stay depends more on economic input than time spent in the country.

 

Some Labour MPs and members of the House of Lords have warned that the proposals could affect staff shortages in sectors such as healthcare and social care.

 

Although the plans are still under consultation, Malhotra said skilled workers would continue to have routes to the UK. “We are expanding routes for those with skills in areas that the UK requires,” she said when asked about nurses and care workers.

 

Why is the RCN warning of a potential nursing exodus?

 

A survey by the Royal College of Nursing (RCN) warned that as many as 50,000 nurses could leave the UK if the proposals go ahead. The report says there are now more than 200,000 internationally educated nurses working in the UK, making up around 25% of the total workforce of 794,000. A large share of these nurses and care workers are from India.