Trade unions have called on ministers to rethink proposed changes to the UK's immigration rules that would substantially lengthen the time many foreign workers must wait to gain indefinite leave to remain.
Unions warn of damage to vital services
Delegates at the Trades Union Congress (TUC) backed a motion urging the government to withdraw any measures that would affect people already living and working in the UK. The change under discussion would increase the standard qualifying period for settlement from five years to 10 years.
Unison, the UK's largest union, told delegates the measures would create a tiered workforce and labelled them an attack on migrant workers, saying the proposals risked driving away staff in areas facing shortages.
Unison's senior vice-president described the impact on sectors reliant on international staff. She highlighted a disparity between shorter routes for higher-paid occupations and dramatically longer periods proposed for some care roles.
"The government wants to give bankers a three-year route to settlement, but social care workers will be kept waiting for 15 years,"
The government has proposed particular extensions for some categories: people on health and social care visas would face a 15-year wait, while those who have relied on benefits for more than 12 months would be put on a 20-year route to settlement.
Impact on people already in the UK
Ministers say the changes would not be retrospective for those who have already obtained settlement, but they would apply to many people already resident in the UK who had expected to qualify for permanent residence within months.
Indefinite leave to remain (ILR) allows a person to live, work and study in the UK without time limits and to apply for benefits if eligible. Unions argued changing the qualifying period undermines that expectation and the status of workers.
- Standard proposed wait for settlement: 10 years (up from 5)
- Health and social care visas: 15 years
- Those on benefits over 12 months: 20 years
The Home Office said ministers had received 200,000 responses to a consultation on the proposals and were carefully considering them. The consultation was launched under the previous prime minister, Sir Keir Starmer, and the plan was announced last year by Home Secretary Shabana Mahmood, who has retained the post under the new prime minister Andy Burnham.
Government stance and union concerns
The government has defended the policy, saying the large number of people arriving in the UK requires a response. Ministers argue tougher settlement rules are part of a wider effort to manage immigration.
Unions counter that the proposals would produce perverse incentives, creating faster settlement routes for some highly paid professions while extending waits for lower-paid but essential roles, notably in care. They warned this would exacerbate recruitment and retention problems in already stretched public services.
| Category | Proposed wait for ILR |
|---|---|
| Standard applicants | 10 years |
| Health and social care visas | 15 years |
| Those on benefits >12 months | 20 years |
At the TUC meeting, delegates specifically pressed for any changes that would affect workers already resident in the UK to be withdrawn. Unison said the proposals risked creating "second-class citizens" among migrant workers and urged ministers to reconsider the impact on sectors critical to the public interest.
The government has indicated it is studying the responses to its consultation and has not yet confirmed final rules. With unions mobilising and public services flagging potential staffing shortfalls, ministers face pressure from both political and operational fronts as they weigh the next steps.
