Nigerian care workers living in Britain face growing uncertainty over their future as trade unions demand that the UK government protect their existing five-year route to permanent residency instead of extending the waiting period to as long as 15 years.
The dispute has intensified ahead of an expected government decision on changes to indefinite leave to remain (ILR), with unions warning that tougher settlement requirements could force experienced migrant workers to reconsider their future in Britain.
The controversy has also been highlighted by the experience of Kolade, a Nigerian care worker who moved to the UK with his family in 2022. He was prevented from attending a meeting with Home Secretary Shabana Mahmood on 21 October, despite being selected by fellow migrant workers to represent their concerns.
According to a Guardian report published on 31 October, Kolade had cut short a family holiday to attend the meeting before being told shortly beforehand that his presence would not be permitted.
The decision has drawn attention to a wider disagreement over whether migrants who entered Britain under existing immigration arrangements should be required to wait considerably longer before qualifying for permanent settlement.
Unions demand protection of five-year settlement rights
The public service union Unison is campaigning for the government to preserve the five-year settlement route for migrant care workers already living and working in Britain.
The union argues that many overseas workers accepted jobs and relocated their families on the understanding that they could apply for permanent residency after five years, subject to meeting immigration requirements.
Changing that timetable, it says, would create uncertainty for workers who provide essential care to older people, disabled residents and hospital patients.
Unison is also calling for fairer pay and changes to visa sponsorship arrangements that would give migrant care workers greater freedom to change employers.
Under current sponsorship arrangements, workers may have to obtain a new sponsor and update their immigration permission when moving between relevant jobs.
The union argues that these restrictions can leave migrant employees vulnerable to exploitation because their ability to remain in Britain may depend on retaining sponsored employment.
At the Trades Union Congress in September, Unison urged ministers to withdraw the proposed settlement extensions and warned that the changes could affect the recruitment and retention of essential public service workers.
What could change for Nigerian care workers under the proposed ILR rules?
Under the government’s earned-settlement proposals, the normal five-year qualifying period could increase to 10 years for many migrants.
Workers sponsored for occupations below degree level, including certain social care roles, could face a longer 15-year qualifying period.
Crucially, the Home Office originally proposed extending the requirements to people already living in Britain who had not yet secured permanent residency.
The government has consulted on transitional arrangements that could provide protection for existing visa holders, but the precise scope of any exemptions remains unresolved.
NHS employers warn reforms could cost £169 million
The dispute extends beyond individual care workers and their families.
In a joint warning issued on 13 October, NHS Employers and health unions estimated that the proposed reforms could cost NHS organisations at least £169 million and threaten the future of approximately 12,000 healthcare support workers.
They warned that additional visa-related expenses and uncertainty over settlement could make it more difficult for the NHS to retain experienced international staff.
Those figures relate to the healthcare support workforce covered by their assessment, not specifically to Nigerian care workers or the entire adult social care sector.
Unison’s head of health, Helga Pile, described the proposed changes as devastating for affected staff and called on ministers to reconsider their approach.
The union and NHS Employers want the government to retain the five-year settlement route for healthcare support workers and other NHS staff already working in Britain.
Their warning suggests that the potential cost of the proposals would not fall solely on migrant households. Employers could also face additional recruitment, sponsorship and workforce management pressures.
Nigerian care worker says settlement uncertainty threatens his family’s future
Kolade’s experience shows the personal impact of the proposed reforms. He moved to Britain in 2022 with his wife, who also works in social care, and their two children. The family has since established a life in the UK.
Speaking to The Guardian, Kolade said he feared that extending the settlement period could force his family to reconsider their future.
He also warned that experienced care workers might look for opportunities in countries such as Canada, Ireland and Australia if they believed their prospects for permanent residence were more secure.
Kolade had hoped to explain these concerns directly to Mahmood during a meeting arranged with Unison general secretary Andrea Egan.
However, according to the union, the Home Secretary’s office said Kolade’s attendance would be inappropriate just two hours before the scheduled meeting on 21 October.
Egan subsequently cancelled the meeting. Kolade said the experience left him humiliated, particularly because he had been selected by fellow migrant workers to speak on their behalf.
His concern goes beyond his own immigration status. He believes that the contribution made by care workers should be recognised when the government considers their eligibility for permanent settlement.
Home Office defends settlement proposals
The Home Office has defended its approach, arguing that permanent residence should reflect sustained contribution and integration rather than depend only on the length of time a person has lived in Britain.
Responding to Kolade’s exclusion, a government spokesperson said ministers were reviewing more than 200,000 consultation responses, including submissions from over 145,000 people directly affected by the proposals.
The government argued that prioritising one individual’s views during that process would not have been appropriate.
It also said Mahmood had wanted the meeting with Unison to proceed without Kolade, but the union cancelled.
The Home Office’s wider policy position is that Britain’s settlement system must account for the economic and social contributions of migrants.
Unions dispute the suggestion that lower-paid care workers should face longer qualifying periods because of their earnings, arguing that essential care work delivers benefits that are not fully reflected in wages.
Latest development: Care workers may be spared 15-year wait
There is now a possible change to the government’s position.
Reporting published on 31 October by the BBC indicates that Mahmood is preparing to revise the proposals, with existing social care workers potentially exempted from the longer settlement requirement.
The Home Secretary is expected to announce her decisions during the week beginning 2 November.
However, the reported concession has not been formally confirmed, and it remains unclear whether qualifying workers would retain the five-year route or face different transitional arrangements.
The government is still expected to pursue a standard 10-year qualifying period for many other migrants.
The distinction matters because exemption from a 15-year requirement does not necessarily guarantee eligibility after five years.
On 15 September, Mahmood told the House of Commons Home Affairs Committee that the government would consider consultation responses and potential transitional arrangements before deciding the final policy.
She also confirmed that the Immigration Rules in force when an application is made would normally determine eligibility, rather than those in place when a worker originally arrived.
What happens next for Nigerian care workers?
The government’s forthcoming announcement will be particularly important for workers who arrived in 2022 and 2023 and are approaching the end of their expected five-year qualifying periods.
Those workers will need to establish whether their existing settlement timetable is preserved, whether any new conditions apply and how dependent family members will be treated.
Unison and other unions are expected to continue pressing for permanent settlement protections, employment flexibility and fair pay.
For now, the proposed 10-year and 15-year settlement periods should not be confused with rules already in force.
Workers should check the official UK government guidance on indefinite leave to remain and obtain regulated immigration advice where their circumstances are complex.
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What readers should know
Nigerian care workers already living in Britain are seeking protection from proposals that could extend their wait for permanent residency from five to 15 years.
Unison wants the government to preserve existing settlement arrangements and reform visa sponsorship conditions, while NHS employers have warned that longer waiting periods could create additional costs and workforce uncertainty.
Reports suggest the government may now ease the proposals for existing social care workers. However, the five-year settlement route has not yet been formally guaranteed for those workers under the anticipated reforms.
The coming policy announcement will determine whether the expected exemption provides meaningful protection for migrants and their families.
