Already living in Britain: do the new settlement rules apply to me?

The most common question after the 2 November announcement: will people already living in the UK keep the five-year route they arrived on? The government's answer is no — there is no general exemption. But targeted transitional arrangements have been made for a few defined groups.

Why the rules you arrived under do not protect you

The government response states it plainly: being in the UK does not give someone an automatic right to settle under the rules that existed when they first arrived. Courts have recognised that, unless transitional provisions are made, applications are considered under the Immigration Rules in force at the date of decision.

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One change helps a large group. The consultation had proposed a 15-year pathway for workers in occupations below RQF 6. That has been dropped: they will qualify through the 10-year pathway instead, with the chance to qualify sooner if they meet the contribution thresholds.

Care workers

A targeted, one-off arrangement applies to care workers who entered, or switched into, the route before publication of the Immigration White Paper in May 2025. They keep the existing five-year qualifying period, provided they meet the applicable salary of £25,000 a year, sponsorship and employment requirements, plus the strengthened minimum requirements on criminality and English unless an exemption applies.

The government points to both service and abuse: overseas recruitment into adult social care expanded sharply between 2022 and 2024 after the Covid-19 crisis, but rogue sponsors offered jobs and hours that did not exist. The Home Office says 1,800 exploitative employers have been stripped of their right to sponsor foreign workers.

A second chance at five years

Those who do not qualify after five years — around a quarter of the cohort — will be able to apply for a further five-year Health and Care visa restricted to genuine work in the sector, with no recourse to public funds.

From 1 February 2027, care workers who lose their job because their sponsor's licence was revoked will have up to 120 days to secure a job offer and a further 60 days to resolve their visa and employment status. Miss 120 days, or 180 days overall, and the visa will be curtailed.

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Nursing auxiliaries and teaching assistants

Workers in healthcare and education occupations below RQF 6 that sit on a national pay scale — nursing auxiliaries and teaching assistants, for example — keep a five-year route if they came to the UK before the May 2025 White Paper and meet their visa requirements. This is a one-off arrangement for the existing cohort, not a permanent five-year pathway for those occupations.

The pre-April 2024 Skilled Worker cohort

When salary thresholds rose sharply in 2024, workers already on the route were allowed to extend on the previous thresholds until a 2030 sunset. With the qualifying period now stretched to ten years, that cohort will be able to extend visas on their current terms until 2035.

How many people are affected?

The Home Office estimates that over 500,000 people will wait longer than five years to settle. It also says no one will be forced to leave, and everyone will have a fair chance to apply for new visas that would allow them to settle after ten years.