British govt unveils new rules for obtaining permanent settlement

UK home secretary Shabana Mahmood unveiled new rules for getting permanent settlement in the UK on Monday following a public consultation which elicited 200,000 responses. She announced that ILR (indefinite leave to remain) — which gives migrants unrestricted access to the labour market and access to public funds — would now have to be “earned” and “should not be automatic” simply because someone has lived in the UK for five years. The starting point for settlement will move to 10 years, with faster and slower paths available, she said. To “earn” settlement, a migrant must not have a criminal record; must speak English to a high standard; must not owe any debt to the UK govt; and must have a record of at least three years’ worth of National Insurance contributions. The five-year path will remain open to those earning above £50,000, as well as to doctors, nurses and teachers, and care workers who fulfil certain criteria. But those earning less than £50,000, who are not in these professions, will have to wait 10 years. This retrospective change has caused considerable anxiety to many Indian migrants who came to the UK presuming they would get ILR after five years. On top of that, student, graduate, and youth mobility routes will not count towards “earned settlement”. Pranav Brahmabatt, spokesperson for INSA UK said: “While we recognise govt’s right to manage immigration, these changes risk creating significant financial, emotional and professional uncertainty for thousands of international students, graduates and skilled workers. We believe it would be fundamentally unfair to disadvantage those already living and working here through changes to their settlement pathways. ” Those earning over £125,000 will be able to apply for settlement after three years. Anyone who has breached immigration rules, eg overstayed their visa, or who has accessed public funds in the five years preceding their application, will only be able to settle after 20 years. Refugees who arrive on the new safe and legal routes will be able to get settlement after five years, but those who arrive illegally, such as on small boats, will have to wait 30 years.