Biggest overhaul of legal migration model in 50 years announced

The biggest shake-up of the legal migration system in nearly half a century will be launched today, designed to reward those who contribute and play by the rules.  

Days after announcing the most sweeping reforms to tackle illegal migration in decades, the Home Secretary outlines a major shift in the profile of legal migrants that will prioritise those who contribute to the economy and play by the rules.  

Earlier this year, the government announced it would double the permanent settlement qualifying period for migrants to 10 years, with reductions for those making a strong contribution to British life. 

The changes will apply to almost 2 million migrants who arrived in the UK from 2021, subject to consultation on transitional arrangements for borderline cases. It will not apply to those with existing settled status who have made their lives here. 

Low-paid workers, such as the 616,000 people and their dependants who came on health and social care visas between 2022 and 2024, would be subject to a 15 year baseline. The route was closed earlier this year following widespread abuse. 

For the first time, it can also be revealed there will be penalties for immigrants exploiting the system. The reforms will make Britain's settlement system by far the most controlled and selective in Europe.  

Migrants reliant on benefits face a 20 year wait for settlement – quadruple the current period and the longest in Europe.  

Landmark proposals could see migrants only become eligible for benefits and social housing if they first become British citizens, rather than upon being granted settlement as is currently the case. 

Illegal migrants and visa overstayers would have to wait up to 30 years to settle, removing the prospect of long-term residence and security in the UK.    
In contrast, doctors and nurses working in the NHS will be able to settle after 5 years. To support economic growth, the brightest and best of international talent could have settlement fast-tracked – with high earners and entrepreneurs able to stay after just three years. 

Due to record high levels of migration under the previous government, 1.6 million migrants are set to become eligible for settlement by 2030. 

Transitional arrangements for those already in the UK will be set out following a consultation. However, the intention is that anyone yet to be granted settlement would be subject to the contribution-based model once the new rules are in force. 

The reforms will build a fairer immigration system for British people, while doing the right thing by migrants who have made their life here and contributed to the UK's economy and public services.  

Home Secretary Shabana Mahmood said:  

Migration will always be a vital part of Britain's story. But the scale of arrivals in recent years has been unprecedented.  

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.

Other key proposals include:  

Criminality: 

• the Home Secretary has made clear migrants should have a clean criminal record if they wish to settle – work will take place to consider the precise threshold at which this is applied, building on rules announced earlier this year to reduce the deportation threshold

Reductions for contribution: 

• immediate family members of UK citizens, and Hong Kong BN(O)s will retain their existing 5 year pathway to settlement

• 5 year pathway for skilled frontline public service workers

• migrants on Global Talent or Innovator Founder visas for at least three years could only have to wait three years for settlement, a 7 year reduction on the 10 year baseline

• migrants making national insurance contributions will receive settlement after 10 years, but higher and additional rate taxpayers will benefit from reduced periods in recognition of their contribution

• migrants could also receive a discount for integration – this includes speaking English to a high standard and volunteering

The Home Secretary has previously set out her preconditions for gaining settlement, including being in work, having a clean criminal record, speaking English to a high standard and not claiming benefits. 

Under the current system, settlement is typically granted with few conditions after 5 years in the UK, which allows access to public funds. This includes those who arrived on economic routes, including Skilled Worker visas, as well as family and humanitarian routes.  

Citizenship can be granted a year later but bestows few additional benefits.  Restricting benefits to British citizens only would mean even those granted settlement after meeting the tougher conditions would not automatically be entitled to public funds. 

To earn citizenship, migrants first need to pass the Life in the UK test and pay additional fees. 

As announced earlier this week in the asylum reforms, recognised refugees who came to the UK legally will now be subject to a 20 year period.   

Refugees will still retain their eligibility for public funds, subject to the stricter conditions set out in the asylum statement on Monday. 

The Earned Settlement model was unveiled as part of the government's Immigration White Paper to restore order and control to the immigration system. It will be based upon four core pillars: character, integration, contribution and residence.