By Tichaona Katsvamutima
African migrants living in the United Kingdom have welcomed the British government’s decision to retain a five-year pathway to permanent settlement for eligible social care workers, bringing relief after months of uncertainty over proposed immigration reforms.
The announcement forms part of the British government’s wider Earned Settlement policy, unveiled by Home Secretary Shabana Mahmood on Monday, November 2, which proposes significant changes to how migrants qualify for Indefinite Leave to Remain (ILR).
The decision marks a departure from earlier proposals that could have required some foreign care workers to wait up to 15 years before qualifying for permanent residence.
Under the announced arrangements, eligible social care workers who entered or switched into the relevant immigration route before publication of the Immigration White Paper in May 2025 will retain their five-year settlement pathway, provided they meet the applicable requirements.
In a statement published on its official X account, the UK Home Office outlined the government’s proposed Earned Settlement framework, under which permanent residence would no longer be granted simply because a migrant had completed five years in the country.
“Under the Earned Settlement model set out before Parliament today, the right to live in the UK permanently will no longer be granted automatically after five years.
“Instead, it will be earned,” the Home Office stated.
Under the proposals, the standard qualifying period for settlement would double from five to 10 years, while people entering the UK illegally, including by small boat, could face waits of up to 30 years.
Migrants who claim benefits could face a 20-year qualifying period, while those with criminal records would be prevented from obtaining settlement under the announced framework.
The reforms also propose an A-level standard English-language requirement for settlement applicants.
However, eligible care workers who meet their visa conditions would retain their five-year settlement pathway.
Higher earners receiving more than £50,000 annually, skilled public service workers and refugees arriving through safe and legal routes would also qualify for shorter five-year pathways under the proposed arrangements.
Mahmood acknowledged the contribution of overseas workers recruited to support Britain’s social care sector during a period of severe staffing shortages.
“Those who earned £25,000 a year, working in the social care sector which was the condition of their visa, will therefore be able to settle on their existing 5-year path,” she said.
The British government estimates that approximately three-quarters of care workers recruited under the relevant arrangements will qualify for settlement after five years.
Workers who have not met their visa conditions may be offered an opportunity to apply for another five-year care visa, while those affected by exploitative employers could receive assistance in securing legitimate sponsors.
Defending the broader reforms, Mahmood argued that permanent residence should reflect an individual’s contribution to British society.
“Settled status is one of the most valuable rights this country can offer. Until now it has been given almost automatically,” she said.
“From today, it must be earned. Those who contribute most will settle fastest. Those who don’t play by the rules will be refused or wait much longer.”
UK-based solicitor Rumbidzai Bvunzawabaya, Director of Tulia Group CIC, welcomed the UK government’s decision to retain the five-year settlement pathway for eligible care workers but cautioned that the concession did not automatically guarantee permanent residence.
“This is a significant and welcome protection for eligible care workers who have built their lives here, supported essential services and planned their families’ futures around settlement after five years,” Bvunzawabaya told National Interest News.
Bvunzawabaya explained that the protection applies to eligible workers who entered or switched into the route before publication of the Immigration White Paper in May 2025, excluding those who joined afterwards from this particular arrangement.
“Retaining a five-year pathway also does not mean automatic settlement. The qualifying period is only one part of eligibility,” she said.
Addressing concerns over whether the government could legally change settlement conditions for migrants already living in Britain, she explained that immigration rules could be amended, although such powers were subject to legal limitations.
“In principle, yes. Entering a route that currently allows settlement after five years does not generally create an absolute legal entitlement to have every rule remain unchanged,” she explained.
However, she emphasised that the legality of particular changes would depend on their wording, transitional protections and effects on affected migrants.
“The wording of the new rules, commencement provisions, transitional protections and any specific assurances given to affected groups will matter,” she said.
She added that public law principles, legitimate expectation, discrimination and human rights obligations could become relevant depending on individual circumstances, meaning particular measures could potentially face legal challenges.
Meanwhile, immigrants who spoke to National Interest News welcomed the announcement, saying uncertainty surrounding their settlement prospects had caused considerable anxiety.
Nigerian immigrant Ebenezer Oladunjoye said the decision demonstrated the importance of honouring commitments made to migrant workers who relocated to Britain in good faith.
“This shows how important it is to keep contracts, and how much social care workers have contributed,” Rumbidzai Bvunzawabaya.
“They came here in good faith. They used their skills and kindness to help people who need support, and many of them gave up a lot to do it. They deserve to be treated fairly, with respect and with security.”
Oladunjoye urged the government to recognise the sacrifices made by foreign workers who left their home countries to support Britain’s care sector.
“If they are expected to keep their side of the contract, the government should keep its promises to them too. It should respect them, keep its word, and recognise everything they have done.”
He said the prolonged uncertainty had affected migrant communities, particularly workers approaching their original settlement deadlines.
“Yes, I am very excited about the decision because everyone that I know has been anxious, and it affected our mental health,” he said.
“With this news, we are now going to be more committed to our work, with new energy to contribute more to the sector.”
Zimbabwean immigrant John Gwenzi also welcomed the decision, describing it as recognition of the contribution made by foreign workers to Britain’s health and social care services.
“As a Zimbabwean living and working in the UK, I welcome these changes, particularly the recognition of eligible health and care workers who continue to make a valuable contribution to British society,” he said.
“Retaining the five-year settlement pathway for eligible workers is reassuring and acknowledges the sacrifices, commitment and hard work of migrants.”
Gwenzi also supported the government’s emphasis on employment, skills development and financial contributions when determining settlement eligibility.
“I also welcome the emphasis on skills, employment, tax contributions and community involvement,” he said.
“We come here to work, build better futures for our families and contribute positively to the country we now call home. A fair immigration system should recognise that contribution.”
Despite the positive response, questions remain over how the reforms will affect spouses and children accompanying migrant workers.
Bvunzawabaya said the government’s published response moves away from requiring every dependant to qualify for settlement entirely independently.
Under the announced framework, partners who arrived together could settle together, subject to meeting applicable requirements, while those who joined later would need to complete their own qualifying residence periods.
Children under 18 would generally remain eligible to settle with their parents, with exemptions from several adult requirements. Young adults aged 18 to 24 who retain child-dependant status would also have provision to settle alongside their families, although certain adult conditions would apply.
However, dependants aged 25 and above could be required to qualify independently or move onto another appropriate immigration route, subject to safeguards, potentially creating difficulties for families whose children are approaching that age.
“Families should review everyone’s position rather than assume the principal applicant’s eligibility automatically resolves the position of every dependant,” Bvunzawabaya advised.
The solicitor also clarified the £25,000 salary threshold, explaining that it is already relevant to settlement applications for qualifying care workers.
She said the requirement concerns the applicable salary when seeking settlement rather than necessarily requiring applicants to have earned £25,000 in each of the preceding five years.
Salary-related refusals have already occurred, she noted, underscoring the importance of understanding eligibility requirements before applying.
Bvunzawabaya further cautioned that the government’s announced policy framework should not be confused with the detailed Immigration Rules required for implementation.
“The central distinction is between an announced policy framework and the detailed Immigration Rules needed to implement it,” she explained.
She said further technical guidance, transitional provisions and arrangements for pending applications would require careful examination.
The wider reforms also include strengthened English-language, criminality, government debt and contribution requirements, including National Insurance contribution records, subject to applicable exemptions.
According to Bvunzawabaya, particular attention should be paid to how these conditions affect migrants who have experienced exploitation, interrupted employment, illness or caring responsibilities.
The government’s concession follows concerns raised by migrant organisations, trade unions and some Labour politicians over proposals to extend settlement waiting periods for workers already living in Britain.
Approximately 250,000 care workers and their dependants entered the UK or switched into the social care immigration route between 2022 and 2025 as the country sought to address staffing shortages.
The Home Office has also acknowledged widespread exploitation within the sponsorship system, including fraudulent recruitment and employers failing to provide promised jobs.
According to the government, around 1,800 employers have had their sponsorship licences revoked as part of efforts to tackle exploitation and immigration non-compliance.
Despite the protection for eligible care workers, the broader reforms will introduce stricter settlement requirements for other migrants, while higher earners and certain public service professionals, including doctors, nurses and teachers, will continue to have access to shorter routes under the announced framework.
The changes are expected to begin taking effect in 2027, although their precise application will depend on the final Immigration Rules and implementation arrangements.
