In one of the most sweeping immigration reforms in nearly 50 years, the United Kingdom has announced a major overhaul of its settlement rules—extending the residency requirement for most migrants from five to ten years. Unveiled by Home Secretary Shabana Mahmood, the new “earned settlement” model will also restrict access to benefits and social housing until migrants become British citizens.

The policy marks a significant reset of the UK’s long-term migration approach and is expected to directly affect thousands of Indian nationals who moved to the UK for work, study or family reasons.

Why This Matters for Indians

Indians have been the largest group of migrants to the UK in recent years. According to the Office for National Statistics, nearly 250,000 Indians arrived in 2023, and the Indian-origin population has now crossed two million, forming Britain’s biggest ethnic minority community.

Legal experts say the extended settlement track will strongly impact this group.

“This move will have a particularly pronounced impact on Indian nationals,” said Palak Gupta, Advocate at Jotwani Associates, in a statement to Business Standard. “Doubling the settlement period means Indians will stay on temporary status for much longer, face repeated visa renewals, and bear higher costs through application fees and the immigration health surcharge.”

For many families, she added, the uncertainty around long-term planning—jobs, investments, schooling, and housing—will significantly increase.

What the 10-Year Rule Means

According to the UK government, the new rule will apply to almost two million migrants who arrived from 2021 onward, subject to transitional guidelines for borderline cases.

Those already holding settled status will remain unaffected.

Other key points include:
  • Health & social care workers may now need 15 years to qualify for settlement.
  • Migrants who have relied on benefits could face a 20-year wait.
  • Undocumented migrants or overstayers could see timelines stretch to 30 years, making settlement nearly impossible.
  • NHS doctors and nurses will still qualify after five years, maintaining the UK health system’s dependence on Indian medical professionals.
  • High earners and entrepreneurs may receive a fast-track route, securing settlement in three years under the “brightest and best” talent pathway.
Mahmood said the reforms were necessary due to “unprecedented arrivals,” adding: “To settle in this country forever is not a right, but a privilege. And it must be earned.”

Legal Challenges Possible, But Difficult

Gupta noted that while legal challenges may arise, they face an uphill battle: “UK courts have consistently held that settlement and visa policies fall within the Executive’s authority. Claims based on legitimate expectation or human rights grounds will be difficult unless the rules are applied retrospectively without safeguards.”

What Indian Migrants Should Do Now

Experts advise the Indian community to stay proactive. Suggested steps include:
  • Monitoring the UK government’s consultation process
  • Keeping detailed records of all immigration history and visa documents
  • Seeking early legal advice if they believe their case may merit a challenge
  • Joining collective advocacy through diaspora groups or industry bodies
  • Preparing financially and logistically for longer periods on temporary visas

Tightened settlement rules may also influence talent mobility, potentially discouraging Indian professionals from relocating to the UK.

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