UK immigration: Minister flags visa abuse as student asylum claims surge

UK’s Indo-Pacific Minister Seema Malhotra has defended her government’s immigration proposals during a visit to India, while expressing concern about a rise in foreign students seeking asylum at the end of their studies.

Under the new plans, some migrants could have to wait up to 20 years before they can settle permanently in the UK and the qualifying period for indefinite leave to remain will be extended from five to 10 years.

The proposals will apply to an estimated 2.6 million people who arrived in the country since 2021. They have drawn criticism from some quarters, including a few Labour MPs, even though the Conservatives gave the measures a cautious welcome.

The reforms are “in line with what countries around the world do” to stop the abuse of their immigration systems, Malhotra told the BBC in the southern Indian city of Chennai, adding that there was a “very strong message we also send, which is that we welcome those coming legally”.

According to Malhotra some16,000 international students from across the world had applied for asylum in the UK last year after completing their courses, which she said was evidence of abuse of legal migration routes.

A further 14,800 students sought asylum this year to June 2025, latest Home Office figures show. It is unclear how many of them are Indian nationals.

“We’ve seen visa abuse in the case of legal routes, where people have gone legally and then sought to overstay when their visas weren’t extended,” Malhotra said.

“If you see that level of abuse, it undermines your immigration system. It undermines public confidence, and the fairness and control people expect.”

India remains one of the UK’s biggest sources of international students, but demand is cooling.

The number of Indian students heading to the UK has fallen 11% from last year as tougher immigration rules kick in. This has triggered concern among UK universities which rely on foreign students and are already under financial strain.

According to the Migration Observatory at the University of Oxford, India was the top country of origin for foreign students in the UK in 2023-2024, making up 25% of arrivals. China followed at 23% while Nigeria made up 8%.

Malhotra said while Britain still “very much welcomes” Indian students, her government was working with universities to ensure they are genuine foreign students.

She said the recently concluded free trade agreement (FTA) between the UK and India had also encouraged UK universities to open local campuses in India, with Liverpool University announcing it will open a campus in Bengaluru city in 2026 last week.

The FTA, signed in July after years of negotiations, is forecast to boost the UK’s GDP by £4.8bn annually and expand bilateral trade between the two countries by £25.5bn.

As part of the education chapter in the deal, nine UK universities have been cleared to set up campuses across India.

However, these wider trade ambitions face a domestic political climate that has hardened around migration.

During a visit to India in October, Sir Keir Starmer said the UK would not relax visa rules for Indian nationals despite Delhi’s long-standing push for easier mobility in return for trade concessions.

Malhotra rejected the idea that Britain wants deeper trade while shutting the door to Indian professionals, citing the nearly half-a-million visas granted to Indian nationals last year across work, study and visitor categories.

The UK is moving towards a “contribution-based” immigration system, where settlement and long-term stay depend on a person’s economic contribution rather than the length of time they have lived in the country, Malhotra said.

The government’s proposal to overhaul the UK’s immigration system is part of a broader attempt to show firmer control over borders, but has drawn criticism from some Labour MPs and members of the House of Lords, particularly over their potential impact on international recruitment in sectors like healthcare and social care.

While the reforms are still under consultation, Malhotra, when asked about settlement routes for migrant professionals like nurses and care workers said, “we are expanding routes for those with skills in areas that the UK requires”.

A survey by the Royal College of Nursing (RCN) had warned that up to 50,000 nurses could leave the UK if the government went ahead with its immigration proposals.

The report notes that the UK now has more than 200,000 internationally educated nursing staff, making up around 25% of the country’s total nursing workforce of 794,000.

A significant number of these nurses and care workers are from India. Several investigations, including by the BBC, have shown that many of them have fallen prey to cross-border visa scams and lost hundreds of thousands of pounds.

But Malhotra said the UK was ramping up efforts to protect people from such exploitation and working with law enforcement agencies of countries like India to share intelligence and crack down on such gangs.

Follow BBC News India on Instagram, YouTube, Twitter and Facebook.