ILR and Citizenship For Who Arrived in UK from 2020 Likely To Be On Completing 10 Years: Reports

LONDON May 15: The UK government has unveiled plans that could significantly extend the time migrants must wait to qualify for permanent settlement, with new rules potentially applying to those already living in the country from 2020. Under the proposals, the typical period to achieve Indefinite Leave to Remain (ILR) would double from five to ten years for those who arrived since 2020, says report by BBC, Daily Mail and Financial Times.

It was previously unclear whether this would apply to the approximately 1.5 million foreign workers who have moved to the UK since 2020. The BBC understands a document published in the coming weeks will make clear the government is preparing to apply the 10-year qualifying period to those who are already in the UK as well as to new visa applicants. However, the move will be subject to a public consultation.

According to Daily Mail, more than a million migrant workers already living in Britain may have to wait an extra five years to win permanent residence rights under a major review. It is the first indication that Labour’s immigration reforms – published on Monday – could have sweeping consequences for migrants already in the country, not just those who arrive in future.

According to the Daily Mail on Wednesday, the Home Office is reviewing the criteria which may be applied to foreign workers who have come here since 2020. ‘We have more than a million people who quite soon will become eligible for permanent rights and we need to make sure that it isn’t booming out of control,’ a government source said.

Under current rules most foreign workers become eligible to apply for ‘indefinite leave to remain’ after living here for five years. But the review will look at whether some or all should be required to wait a decade.

The period from January 2020 to December 2024 saw about 1.5million foreign workers handed visas.

Announced on Monday as part of a broader strategy to reduce legal migration, the government confirmed immigrants would generally need a decade of UK residency before being eligible to apply to stay indefinitely. Initially, it was unclear if these changes would impact the estimated 1.5 million foreign workers who have moved to the UK since 2020. However, the BBC now understands an upcoming government document will clarify the intention to apply the 10-year qualifying period to both new visa applicants and many individuals already in the UK on existing visa routes. These plans will be subject to a public consultation.

According to Financial Times, under current plans, home secretary Yvette Cooper intends for this policy to apply to people who are already in the UK, according to people briefed on her thinking — despite concerns among government officials over potential legal challenges. Experts have also warned that the policy, which was outlined in a white paper, will not aid integration and will only boost Home Office revenue from the extended period during which migrants must pay fees. The Home Office on Sunday told the Financial Times that the policy would not apply retrospectively to people already in the UK, since the courts would be likely to rule this illegal.

But a person close to Cooper said on Wednesday that, under current plans, any applications for settlement put in after the point at which the more restrictive policy came into effect would fall under the new rules “regardless of when the individual first came to the country”. Applications for settlement are usually made at the end of the five-year period in which a migrant has been living in the UK. The person added, however, that the Home Office had yet to confirm when the new rules would take effect, suggesting people nearing the five-year deadline soon might be spared.

Allies of Starmer said the new rules would apply to people from the moment they are introduced, but that there would be a consultation to ensure they were introduced “fairly”, with some mitigations for people nearing the deadline. Ministers recognise that some families might be making plans for a permanent life in Britain — for example, making school applications — which could be thrown into doubt by the change. “Someone may have been here for four-and-a-half years and they are starting to organise their lives,” said one ally of the prime minister. “We need to make sure this is done fairly.”

Between 2020 and 2024, 605,000 people were granted settled status in the UK, including 162,000 people in the final 12 months, according to Home Office data.

A government source indicated that Home Secretary Yvette Cooper has been concerned for some time about an anticipated rise in settlement and citizenship applications in the coming years, reflecting the surge in immigration seen in the early 2020s. In a speech on Monday, Prime Minister Sir Keir Starmer emphasized that the measures would mean “settlement becomes a privilege that is earned, not a right, easier if you make a contribution, if you work, pay in, and help rebuild our country.”

Despite the general extension, a policy document confirmed that the five-year qualification period will continue for non-UK dependents of British citizens. Shorter routes to settlement will also remain for those who can demonstrate substantial contributions to the UK’s “economy and society.” The government’s push to curb immigration comes as net migration – the difference between those arriving and leaving – reached a record 906,000 in the year to June 2023, and stood at 728,000 for the year ending December 2023.

The potential retroactive application of longer qualifying periods has sparked anxiety. Florence Eshalomi MP, chair of the Commons housing committee, conveyed that the initial lack of clarity left some constituents “understandably worried,” with one considering leaving the UK due to fears their settled status was in jeopardy.

Migrants have also voiced their distress. Isa, who arrived in the UK three years ago with his wife (a skilled worker visa holder), described the proposed change as “fraud” and “a betrayal.” He told BBC Radio 5 Live, “We had other options as well – we came here with the promise of settlement status here… This was our plan for life here. And now everything has changed.” Isa, who works for a tech company, is now contemplating a move to the US and warned that such policy shifts could deter high-talent individuals and lead international companies to reconsider their UK operations.

The Migration Observatory noted that a 10-year path to settlement would make the UK’s rules more restrictive, comparable to countries like Switzerland and Japan. While the think tank believes the move is unlikely to significantly affect overall migration levels, it would increase visa fee revenue for the Home Office due to people remaining on temporary visas for longer. Furthermore, migrants would face extended periods without the rights granted by permanent settlement, which include the ability to live, work, and study in the UK indefinitely, access public funds, and apply for British citizenship.

Enny Choudhury, co-legal director at the Joint Council for the Welfare of Immigrants charity, labelled the proposal “a cruel betrayal.” He stated, “These are our neighbours and friends. They’ve already built their lives in the UK, and moving the goalposts now will plunge many into deeper debt, uncertainty and trauma.” Choudhury advocated for a system offering “a clear, affordable and compassionate pathway to settlement.”

Home Secretary Yvette Cooper has assured MPs that further details will be provided later this year, followed by the consultation process.