Government 'shifting goalposts' for nurses who came during pandemic, says RCN

The government’s proposal to extend the qualifying period for permanent settlement from five to 10 years would represent a betrayal of internationally educated nurses who came to the UK during the Covid-19 pandemic, according to the Royal College of Nursing (RCN).

The union warns that the proposal, which would apply retrospectively to staff already working in the UK, amounts to ‘shifting the goalposts’ for nurses who arrived with the expectation they could apply for Indefinite Leave to Remain (ILR) after five years.

Professor Nicola Ranger, RCN general secretary and chief executive, said: ‘Many of our colleagues who are likely to be affected came to the UK during the Covid-19 pandemic.

‘These staff helped to fill workforce gaps at a time of national emergency, often at great personal sacrifice, thousands of miles away from loved ones.

‘But rather than recognising their contributions, the UK Government is shifting the goalposts for staff who have been working tirelessly with the understanding that they would be eligible for ILR in five years.’

There are more than 200,000 internationally educated nursing staff across the UK, making up 25.8% of the UK’s total registered nursing workforce.

The RCN’s new report, Unsettled: How the proposed change to indefinite leave to remain could affect the retention of internationally educated nursing staff, surveyed over 5,000 international nurses.

More than half had less than two years remaining before they would be eligible to apply for ILR under current rules, and nearly a quarter had less than a year.

The findings revealed that 60% of respondents without ILR said an extended qualifying period would be very likely to affect their decision to stay in the UK – equating to approximately 46,000 nursing staff potentially at risk of leaving.

Nearly all respondents without ILR (97%) opposed the change.

One nurse from Nigeria quoted in the report said: ‘During Covid-19, we were needed and there were loads of incentives to bring us from around the world to come to help the NHS.

‘We left families and loved ones behind. These proposals reveal a profound ingratitude toward those who stepped up as heroes.’

Currently, those on work visas are subject to a ‘no recourse to public funds’ condition, meaning they cannot access benefits including housing support, universal credit and child benefit, despite paying taxes.

This restriction is normally lifted when someone is granted ILR after five years. However, the government is proposing to extend the qualifying period to 10 years.

The government’s plan also includes a 15-year route to settlement for nursing support staff who work in roles below degree level.

The Home Office is currently consulting on its proposals. While NHS nurses are now expected to be exempt, the government has yet to clarify whether this will apply to nurses in the independent and social care sectors.

In its report, the RCN argues that settlement rights are critical for workforce retention, as well as the financial security, family stability and career progression of nurses.

The union highlights that staff without ILR are tied to a single employer through visa sponsorship, limiting job mobility and increasing vulnerability to exploitation. They are also excluded from key forms of support, including housing and child benefits, despite paying taxes.

The report’s survey found 97% of respondents were concerned about the impact the change would have on their mental health and wellbeing.

A nurse from Trinidad and Tobago said: ‘I came hoping that after five years I would be able to settle and choose the career path in nursing that will make me happy, one that will not destroy my mental health… where some employers would not abuse and disrespect you because they are providing you with sponsorship.’

The RCN is calling for the government to abandon its current proposals and has made a number of recommendations, including:

All health and care staff and their dependents to be eligible for ILR after five years
An exemption for anyone already in the UK from any changes to qualifying periods
Those with ILR to retain recourse to public funds
The reduction of ILR application fees, currently over £3,000 per person
The introduction of settled status on arrival for international nurses, in line with systems in Canada and New Zealand

Professor Ranger said: ‘No minister who has any interest in the success of our health and social care system would press ahead with extending the qualifying period for ILR.’

She added that the government proposals were ‘immoral’ and ‘dangerous for our patients’.

The government’s consultation on the proposed changes is open until 12 February.

In December 2025, health and social care secretary Wes Streeting acknowledged that the NHS would ‘collapse’ without nurses from overseas, but insisted that effort was needed to reduce reliance on international recruitment into the healthcare workforce.

In the same month, the Nursing and Midwifery Council revealed there had been a drop of almost 50% in the number of international professionals joining its register compared with the same six-month period of the previous year.

The government was contacted for comment.