When Keir Starmer unveiled the government's immigration proposals in last month’s white paper, attention primarily centered on the implications for the health and social care sectors. However, the uncertainty has rippled across all professions — particularly the legal field, where the number of foreign-qualified lawyers has surged over the last decade. Now, this growing community is increasingly uneasy as key requirements appear to be shifting.
At the heart of the concern is a proposed change to the settlement criteria: extending the standard qualifying period for permanent residency from 5 to 10 years. This not only delays the possibility of settled status but also threatens it entirely, especially for employers who have already invested in sponsoring foreign legal professionals. They may now face the burden of financing an additional five years.
Emma Barrett-Ryan, a Canadian trainee solicitor based in Manchester, is part of an informal peer support group for foreign lawyers in immigration limbo. She explains that the proposed changes are causing deep anxiety.
“The doubling of qualifying years from five to 10 years was demoralising,” she said. “If it makes it easier for others in the legal field to imagine – if you were approaching the end of your LPC and suddenly you had to repeat it, inclusive of the massive costs, and your training contract and qualification was kicked further down the road. The instability of not knowing when you will be secure is acutely stressful.”
Visa-associated costs, such as the £1,035 annual NHS immigration surcharge, often fall directly on the individual rather than the sponsoring law firm. Barrett-Ryan noted, “If firms do not opt to pay this, immigrant lawyers must foot several thousand pounds upfront when applying for or renewing their visa. Again on trainee salaries, this is tough.” One trainee shared with The Gazette that their firm’s internal advice to worried junior lawyers was simply: “get a credit card.”
Further compounding concerns is a potential increase in the minimum salary threshold for skilled worker visas, which currently stands at £38,700. While corporate lawyers in London typically earn above this, lawyers in less lucrative regional roles may fall short — with no proposed adjustments in the white paper to account for geographic wage disparities. While the proposed changes are not yet final, many aspects remain in flux and subject to public consultation and input from the Migration Advisory Committee.
Zeena Luchowa, a partner at London-based Laura Devine Immigration, highlighted the potential retrospective impact:
“Unfortunately it is not clear whether this extension will apply retrospectively. This creates uncertainty for individuals and also for sponsors, as well as potential unfairness, for example, for those very close to reaching the five-year qualifying period when the new measures take effect.” She added, “The white paper has created a degree of ambiguity and uncertainty. As lawyers, it has created challenges in being able to advise clients as to the best course of action while being cautious not to pre-empt a particular position.”
Joanna Hunt, head of immigration at DAC Beachcroft, noted the unusually wide impact of the current reform agenda:
“The measures have caused a great deal of upset and concern, particularly the 10-year proposal. The best advice for now is to stay up to date on developments and speak to your employer if you believe that you are eligible to apply for a visa, but that this may change in the future.”
According to the Solicitors Regulation Authority, 7,145 registered foreign lawyers are currently working in England and Wales — more than triple the number from a decade ago.
Despite the uncertainty, support within the immigrant legal community remains strong. Barrett-Ryan added, “I’ve spent most of my adult life living in the UK since the end of 2018 and to have the can kicked down the road has been very distressing. I’m sick of feeling so much insecurity.” She concluded, “Overall, the sense in our community is that of a shared urgency and taking solace with each other – it has already been a long road to get where we are and sadly it will get longer. As is often a trait of lawyers, we are planners. The white paper has thrown yet another complicated spanner in the works and it is frustrating to know that our efforts must continue with increasing costs.”
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Source: John Hyde, The Law Society Gazette
