UK immigrants who arrived after 2021 to wait 10 years for settlement
In the biggest change to the UK’s legal migration rules in almost 50 years, the government has said that immigrants who arrived in the UK from 2021 will have to wait 10 years to qualify for permanent settlement.
Announced earlier this year, the new 10-year waiting period for settled status is now confirmed to not only apply to those who arrive in the UK going forward, but also to any immigrants already living in the UK who arrived from 2021 onwards.
By setting the cut-off date to 2021, the government aims to try and mitigate the impact of the ‘Boriswave’, which saw record legal migration to the United Kingdom. As a result, 1.6 million migrants are set to become eligible for settlement by 2030.
Under the government’s new rules, almost 2 million migrants who arrived in the UK from 2021 will have to wait longer to qualify for permanent settlement, although the Home Office noted that it would consult on transitional arrangements for those already living in the UK.
Those who are already settled in the UK will not be affected by this change, and the government said that the 10-year waiting period may be shortened based on their ‘contributions to British life’.
There will also now be penalties for immigrants exploiting the system, and immigrants who are reliant on benefits will face a 20-year wait for settled status.
Exceptions to the baseline 10-year settled status waiting period include the following:
- High earners and entrepreneurs will be able to earn settled status after just three years.
- There will be a five-year pathway for skilled frontline public service workers such as NHS doctors and nurses.
- Those on Global Talent or Innovator Founder visas for at least three years could only have to wait three years for settlement.
- Migrants who make national insurance contributions will receive settlement after 10 years, but higher and additional-rate taxpayers will benefit from reduced periods to recognise their contributions.
This effectively means that those immigrants who earn more (and therefore pay higher NI contributions) or who work in frontline industries will enjoy a faster track to settlement compared with lower-wage workers.
To qualify for settled status in the UK, migrants should be employed or in work, have a clean criminal record, speak English to a high standard, and not be claiming benefits.
“Migration will always be a vital part of Britain’s story. But the scale of arrivals in recent years has been unprecedented,” said Home Secretary Shabana Mahmood.
“To settle in this country forever is not a right, but a privilege. And it must be earned.”
“I am replacing a broken immigration system with one that prioritises contribution, integration and respect for the British sense of fair play,” she said.
These latest changes to the immigration system follow after Mahmood announced an overhaul to the asylum system, revoking the government’s automatic duty of support to refugees, removing permanent refugee status, and extending their wait time for settled status to 20 years.
