U.K. Home Secretary Shabana Mahmood has proposed significant reforms to the settlement rules, commonly referred to as Indefinite Leave to Remain. This follows shortly after the government’s announcement of reformed asylum laws. In that new system, the qualifying periods for permanent residency would divide sharply on the lines of income and visa category. High earners and entrepreneurs are likely to qualify in as short a time as three years, some applicants would qualify in five years, and the standard time frame will be ten years. Others could take 20 or even 30 years before being granted settlement.
Indians to Be Affected the Most by UK New Settlement Rule
Tens of thousands of Indians will be significantly impacted by the new rules. Indian nationals have been the single biggest group of long-term non-European migrants in the U.K. since 2019. The opposition Labour government of Prime Minister Keir Starmer had earlier confirmed plans for a new contribution-based ILR system, which would increase the usual wait from five to ten years.
Public Consultation Open for UK New Settlement Rule
A formal public consultation on the new settlement proposals opened on November 20 and will remain open until February 12. The government called it the “biggest shake-up of the legal migration system in nearly half a century”.
UK New Immigration Rules Settlement
Those earning more than GBP 125,140 would be granted settlement in three years, as would entrepreneurs on Global Talent and Innovator Founder visas. Those with annual earnings of at least GBP 50,270 could apply after five years.
All applicants must satisfy the minimum level of salary of at least GBP 12,750 per annum for three to five years, depending on the final consultation outcome. Applicants must demonstrate at least a minimum level of English and ensure that they have no unpaid taxes or government dues. People reliant on public funds might have to wait 20 years or more, while those who have outstayed their visas may be required to wait as long as 30 years before they are eligible for settlement.
Dependents Under UK New Immigration Rules
This means that the spouses of skilled migrants, who are, nonetheless, considered adult dependents, would no longer qualify based on income by the primary applicant. Instead, they would have their settlement timeline and eligibility conditions to meet.
Health and Care Workers Migrants Face Longer Wait Under UK New Immigration Rules
Between 2022 and 2024, 616,000 people came to the U.K. on health and social care visas along with dependents. Under the new rules, these applicants would now have to wait 15 years before being allowed to apply for ILR. This visa pathway was closed earlier this year after authorities said workers were being exploited.
The new rules are to be applied retroactively by the government, but transitional arrangements would be finalized only after consultation. There is some legal precedent in this area. In 2008-09, when the qualifying period for certain skilled migrants was extended from four to five years, the U.K. High Court struck down the revision on the administrative principle of legitimate expectation. Though courts cannot override Parliament and Parliament is the supreme authority, changes in immigration rules are generally introduced through statements and not through a full Act of Parliament. As such, they can be challenged through judicial review.
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