Radical restrictions of routes to settlement would be callous
On 20 November 2025 the Home Secretary Shabana Mahmood published a consultation that proposes a radical restriction of migrants and refugees pathways to settlement.
Two major changes stand out. First, the consultation proposes increasing the minimum mandatory requirements migrants will have to meet before they can settle in the UK. This includes raising language requirements from B1 to B2, and imposing minimum earnings requirements.
Second, the consultation proposes doubling the qualifying baseline years to settlement from the current five years, to 10 years, with a 20 year route for refugees. This can be adjusted upwards, based on things like applicants’ earnings and socio-economic contribution; but also downwards, based on applicants immigration history and, most disturbingly, based on their history of claiming welfare benefits.
Dr. Dora-Olivia Vicol, CEO of the Work Rights Centre, said:
Shifting the goalposts on settlement is an extraordinary betrayal of migrant communities, the people and businesses who need and value their contribution, and the very idea of British solidarity. Ten years is long enough for many people to build a career, get married, and have children, so to put baseline settlement out of reach for that amount of time is nothing short of callous. It won’t make the system fairer or promote integration. It will just keep people on high-risk employer-tied visas for longer, and drive wedges between communities.
The government’s plan to add another 10 years for migrants who have been in receipt of public funds at any point during their stay in the UK is particularly dystopian. Most migrants are already excluded from public funds, so when they are permitted to access benefits, it is either because they are refugees escaping persecution, or because the Home Office has determined they are in a state so vulnerable, a change of conditions is vital. With the new proposals, the Home Secretary is punishing migrant families for getting sick, or becoming vulnerable.
Extending the baseline qualifying period for those sponsored in roles below RQF Level 6 (mainly carers working in social care) to a further 15 years is a stab in the back to those who answered Britain’s call for carers after Covid. Care workers were made eligible for the Health and Care Worker visa in 2022 after the previous Conservative government recognised significant staff shortages in social care brought about by the pressures of the Covid-19 pandemic.
Despite their efforts to steady a creaking social care system, the Labour government is suggesting that this cohort have not contributed enough to even qualify for settlement after 10 years, putting them in an even worse position than other migrants. Given how crucial migrants are to the UK’s health and social care infrastructure, this demonstrates a core lack of appreciation for the care sector or those delivering care.
Summary of changes
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The Home Secretary is increasing the “baseline” qualifying period for ILR to 10 years. For refugees, a 20 year qualifying period will now be the starting point, though those arriving on official government resettlement schemes will be subject to the 10 year baseline.
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The changes will apply to everyone who has not already received indefinite leave to remain, though on page 31 the government says they are consulting on whether there should be transitional arrangements for those already on a pathway to settlement.
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People who already have settled status will not be stripped of this status.
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People could wait longer than 10 years to settle if they received public funds, arrived in the UK illegally, entered the UK on a visit visa, or overstayed.
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Conversely, the route to settlement could be shorter than 10 years for proficient English speakers at Level C1, high earners, Global Talent or Innovation Founder applicants, those contributing to communities, and certain vulnerable groups, subject to consultation. A five year route will apply to applicants who are the parent of a British child or partner of a British citizen, and those granted permission under BNO.
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In addition, the Government is also consulting on increasing the qualifying period for settlement to 15 years for migrant sponsored in a role below RQF level 6 (for example, under the Skilled Worker and Health and Care Worker visa routes), who are seen as less likely to make a net fiscal contribution over the long term. Another consultation relates to the possibility of implementing NRPF conditions at the point of settlement.
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Dependants’ applications for settlement will be individually assessed, and a mixed approach is envisaged for children. The government will ensure children who have been in the UK for most of their life, turn 18 and discover they do not have status, are fully supported and able to regularise their status and settle.
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There will no longer be a separate residence route.
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The government is also consulting on complementary measures for citizenship and treatment of HM Armed Forces under the earned settlement system, as well as other cohorts like adult family members needing long-term care from a UK relative, individuals whose relationship has broken down due to domestic abuse, those entering the UK on resettlement schemes and partners of UK citizens or settled persons who have died.
Press enquiries
Contact Work Rights Centre Senior Communications Officer Evie Breese for further information. Evie.breese@workrightscentre.org or 07503617252