The United Kingdom is undergoing its most significant immigration reform in fifty years. Under the current rules, Settlement or called the ‘indefinite leave to remain’ is automatically granted to immigrants after living for 5 years in the country. Settlement refers to an immigrant’s right to live in the UK permanently without any immigration restrictions.
The Home Secretary Shabana Mahmood proposed significant modifications to the UK’s legal migration model. One of the biggest proposals is to change the Settlement rules by shifting the starting point for settlement from 5 years to 10.
“To settle in this country forever is not a right, but a privilege. And it must be earned,” said the Home Secretary while presenting the proposals to the Parliament.
Settlement in UK In Ten Years
The new proposed ‘indefinite leave to remain’ rule is to make the 10 years as the base case to earn Settlement in UK.
However, in addition to other tests, new criteria are being added to ensure Settlement in the UK is earned.
Firstly, the applicant must have a clean criminal record.
Secondly, they must speak English to A-Level standard.
Thirdly, they must have made sustained National Insurance contributions.
And finally, they must have no debt in this country.
Settlement in UK Before Ten Years
Those who move to a work and study visa could earn settlement earlier, and those arriving by a safe and legal route would earn settlement after 10 years. Depending on specific cases, some migrants may qualify for Settlement before the 10-year qualifying period, while for some it may go beyond.
Those who speak English to a degree-level standard could qualify for a 9-year path to settlement.
Those paying the higher rate of tax could qualify after 5 years, while those on the top rate could qualify after 3 years, the same as those on Global Talent visas. Essentially, high earners in the UK paying taxes at the highest rate will be eligible for Settlement in 3 years.
Those who work in a public service – including doctors, teachers, nurses – would qualify after 5 years. While those who volunteer, subject to this consultation, could qualify between 5 and 7 years. Not subject to consultation, the partners of British citizens will continue to qualify after 5 years, as today. This is also true of British Nationals Overseas from Hong Kong, who will qualify after 5 years.
Settlement in UK Beyond Ten Years
While some will be able to qualify for settlement earlier than 10 years, others will be forced to wait longer.
Lower-qualified workers and their dependents who entered the country via the health and care visa are not expected to be net economic contributors. For them, it has been proposed that they wait 15 years before they can earn a settlement.
Those who have received benefits for less than 12 months would not qualify for settlement until 15 years after arrival. For those who have claimed benefits for more than 12 months, that would rise to 20 years. Refugees on core protection will qualify for settlement after 20 years, while those who arrive illegally could see settlement take up to 30 years.