Migrants already in UK face longer wait for permanent settlement

New rules, as announced by the government, will extend the waiting period for migrants to qualify for permanent settlement in the UK. These rules will apply to individuals already residing in the country.

Previously, the current five-year period for applying for the right to stay indefinitely in the UK was unclear whether it would apply to the approximately 1.5 million foreign workers who have moved to the UK since 2020. However, the government has clarified that a document published in the coming weeks will make it clear that the 10-year qualifying period will be applied to both individuals already in the UK and new visa applicants.

This move will be subject to a public consultation.

A government source revealed that Home Secretary Yvette Cooper had been concerned for some time that the current five-year process would lead to a significant increase in settlement and citizenship applications in the coming years, reflecting the surge in immigration in the early years of this decade.

In addition to the 10-year qualifying period, a policy document published on Monday stated that there will continue to be a five-year qualification period for non-UK dependents of British citizens. Furthermore, individuals who can demonstrate their contributions to the UK’s “economy and society” will be eligible for shorter qualification periods.

The announcement was part of a broader package of measures unveiled on Monday aimed at curtailing legal migration.

Net migration, which represents the difference between the number of individuals arriving in the UK and those departing, reached a record high of 906,000 in June 2023. Last year, it stood at 728,000.

In a speech on Monday, Prime Minister Sir Keir Starmer explained that these measures would transform settlement into a privilege that is earned rather than a right. He emphasized that individuals who contribute through work, contributions, and assistance in rebuilding the country would find the process of settlement easier.

However, some Labour MPs have expressed concerns about the potential application of extended qualifying periods for settlement to individuals who are already residing in the UK.

Florence Eshalomi, the chair of the Commons housing, communities, and local government committee, highlighted the lack of clarity surrounding the changes, which has left some of her constituents understandably worried. One constituent even expressed their consideration of leaving the UK due to the perceived jeopardy to their settled status.

In response to these concerns, Cooper assured MPs that the government would provide further details later this year, followed by a consultation process.

Isa, a 35-year-old who arrived in the UK three years ago with his wife, expressed his feelings of betrayal and fraud following the change.

He recalled that they had other options available and had come to the UK with the promise of settlement status. Isa emphasized the need to remain in the UK for two more years under the current rules to be eligible for permanent settlement.

Isa’s life plan had taken a sudden turn, and he now contemplates moving to the US. Despite his love for living in the UK and his initial feelings of welcome, he feels increasingly unwelcome.

Isa and his wife work for a tech company, with his wife holding a skilled worker visa and him as her dependent. Isa suggested that the change could lead to the closure of UK branches by international companies that rely on foreign workers.

Isa also expressed concerns about the impact on high-talent individuals who are uncertain about the future of the rules.

The Migration Observatory reported that a 10-year route to settlement would make the UK more restrictive than most other high-income countries but comparable to Switzerland and Japan.

While the move is unlikely to significantly impact migration levels, it would generate more visa-fee revenue for the Home Office as individuals on temporary visas incur ongoing fees.

However, migrants would face extended periods without the rights associated with permanent settlement, including the right to reside, work, and study in the UK indefinitely, as well as the ability to apply for benefits.

Furthermore, permanent settlement can also be utilized as a pathway to British citizenship.

Enny Choudhury, co-legal director at the Joint Council for the Welfare of Immigrants charity, condemned the move as a “cruel betrayal.”

He emphasized that these individuals are neighbors and friends who have already built their lives in the UK, and shifting the goalposts now will plunge many into deeper debt, uncertainty, and trauma.

Choudhury underscored the urgent need for a system that provides a clear, affordable, and compassionate pathway to settlement.

BBC News