UK settlement in 10 years: Why Indians and other migrants oppose the rule

Work Rights Centre warns longer settlement wait could raise exploitation risks and deepen uncertainty for Indian and other migrants

One of the UK’s leading workers’ rights charities on Wednesday launched a campaign urging migrants, including Indians, to oppose Home Office plans to double the qualifying period for settlement rights to 10 years.

 

The Work Rights Centre said the proposal, unveiled last month by UK Home Secretary Shabana Mahmood, would leave many migrants waiting far longer for security in the country, while increasing their exposure to exploitation and financial strain.

 

Mahmood has proposed an “earned settlement model” that would double the baseline qualifying period for Indefinite Leave to Remain (ILR) from five years to 10. The government says the change is part of a wider effort to reduce net migration.

 

 

What is changing under the new settlement model?

 

At present, most migrants become eligible to apply for ILR after five years of continuous residence. ILR allows people to live and work in the UK without restrictions and removes the need for repeated visa renewals.

 

Under the proposed system:

 

• The standard settlement qualifying period would increase from five years to 10

• Eligibility could be shortened or extended based on income, occupation and other criteria

• Some high earners and public sector workers could be fast-tracked

• Care workers would face a longer wait of up to 15 years

 

The Home Office estimates the changes would affect around 1.6 million people expected to qualify for ILR between 2026 and 2030, with around 450,000 impacted in 2028 alone.

 

Why is the charity opposing the changes?

 

The Work Rights Centre said the proposals would disproportionately affect low-to-middle earners, refugees, care workers and migrants who have lawfully accessed public funds due to illness, job loss or disability.

 

“Whatever your immigration status, these changes are set to have an impact on your community,” said Dr Dora-Olivia Vicol, CEO of the Work Rights Centre.

 

“Set to apply retroactively, they undermine confidence in our immigration system and in Britain’s reputation as a fair and just country. If the changes go ahead, they will increase exploitation across society – from construction sites to convenience stores – by tying migrant workers to high-risk, employer-sponsored visas for even longer,” she said.

 

Vicol said the proposal would widen the gap between the rights of British-born workers and those born overseas, creating deeper divisions in the labour market.

 

What is the consultation timeline and what happens next?

 

The government’s public consultation on the settlement reforms runs until February 2026. A cut-off point for the changes will be decided after the consultation closes, with new rules expected to take effect from April next year.

 

“We urge everyone to add their voice to the government’s consultation before the deadline. And we urge the government to do the right thing and reverse these harmful changes,” said Vicol.

 

The charity said it is compiling case studies to document the mental health effects of the proposed retroactive application of the new rules.

 

How are migrants being affected on the ground?

 

Sri, a 26-year-old Belfast-based AI platform engineer who migrated from India in 2022, said the uncertainty had taken a heavy toll.

 

“People speak about ‘British values’. I believed in those values. I trusted that if I worked hard and followed the rules, I would be treated fairly. But today, people like me are becoming scapegoats of politics,” he told the charity.

 

“My mental health has collapsed. I feel depressed, anxious, and lost about my future. I invested my youth, my savings, my energy, my career, and my dreams into this country. Now I am told it may no longer count,” he said.

 

Staicey, a 29-year-old healthcare support worker who migrated in 2022 and works in Cardiff, said the impact would extend beyond individuals to families.

 

“After years of service, it is heartbreaking to feel as though our lives, contributions, and families are being treated as an afterthought. We are not asking for special treatment, only for the government to honour the rules that were in place when we arrived and when we made major life decisions in good faith,” she said.

 

Why does ILR matter so much for migrants?

 

The Work Rights Centre said ILR marks a clear divide in migrants’ lives.

 

• It allows unrestricted access to the labour market

• It removes dependence on employer-sponsored visas

• It reduces the risk of workplace exploitation

• It removes repeated visa renewal costs running into thousands of pounds

 

Until ILR is granted, most migrants cannot access public funds.

 

“There is no financial safety net if they get sick, lose their job, or need to care for a loved one,” the charity said.

 

What is the government’s position on settlement reform?

 

Introducing the proposal in Parliament last month, Mahmood defended the changes.

 

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

 

The Labour government says the reforms are necessary following the arrival of more than 2 million migrants since 2021 under post-Brexit rules introduced during Boris Johnson’s premiership.

 

How could Indian nationals be affected?

 

Legal experts say Indian nationals are among those likely to be most affected by the changes.

 

“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,” Palak Gupta, Advocate, Jotwani Associates, told 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,” she said.

 

Gupta said the uncertainty would affect long-term decisions.

 

“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,” she said.

 

Are legal challenges likely to succeed?

 

Gupta said legal challenges would face hurdles.

 

“Immigration policy, including who may settle and on what terms, is a core sovereign function of the State,” she said.

 

She added that arguments based on legitimate expectation would be difficult unless the changes were applied retroactively without safeguards.

 

“Courts have consistently held that settlement rules fall within the Executive’s authority. Human rights challenges also face a high bar,” she said.

 

Gupta advised Indian nationals to stay alert as the consultation progresses.

 

“They should monitor the consultation process, maintain documentation of their immigration history, and seek advice early,” she said. “Collective advocacy through diaspora groups, industry bodies, or representations to MPs may be more effective than litigation.”

 

She added that Indian professionals play a central role in the UK’s health system, technology firms and research sector, and that tighter settlement rules could affect talent retention.