Under the new ‘Earned Settlement’ proposals outlined in the UK Government’s Immigration White Paper1, the standard qualifying period for eligible visa holders to apply for Indefinite Leave to Remain (ILR) will increase from five years to ten years. The White Paper does not provide a timeframe for when the new ‘earned settlement’ model will take effect, however, the government intends to consult on these changes later in 2025.
It is important to bear in mind that the contents of the Immigration White Paper are only proposals at this stage. Significant changes to the immigration rules can take time, and some may be subject to change. The first stage that we have just seen is the white paper. Next follows a lengthy process of public consultation to gather feedback. Based on the feedback received, a draft Bill will be formulated coupled with a document called the ‘Statement of Changes to the Immigration Rules’. This document sets out the details of the proposed changes to the law. The Statement of Changes will then be laid before both Houses of Parliament, allowing members of parliament and Lords to debate and scrutinise the proposals. If the changes pass through and gain royal assent, the laws will come into force on the date stated.
What do the ILR new rules mean for existing visa holders?
The new Home Office white paper does not state whether the changes to the ILR qualification period will affect those already in the UK on a visa (e.g. Skilled Worker Visa) or whether they will be exempted or transitioned under a different timeline for the new ILR rules. What is known from the white paper is that the Home Office intends to keep the five-year ILR qualification period for non-UK dependants (i.e. partners and children) of British citizens (e.g. Spouse Visa) as long as they have continued to meet their legal requirements. They also state that any existing safeguards to protect the vulnerable, including settlement rights for victims of domestic violence and abuse, will be maintained. As such, we expect that the ILR qualification period for victims of domestic violence will remain at five years as well.
Based on previous immigration rule changes, it is common for different rules to apply to existing visa holders. For example, the latest salary requirements for Skilled Worker visa applicants do not apply to existing visa holders whose Certificate of Sponsorship was issued before 4th April 2024, etc. However, reputable sources, including the BBC2, have speculated that the government may publish a document in the coming weeks that shows that the ILR ten-year qualifying period will apply to those who are already in the UK.
Given that there are no confirmed details from the government yet regarding the changes to the ILR rules, it is important that those who are keen to know more keep up to date with the official immigration updates. We will certainly keep you up to date as we hear more.
What does ‘earned settlement’ mean in the ILR new rules?
‘Earned settlement’ is a term that is used in the government’s new white paper to convey the message that immigrants to the UK will need to show how they have contributed to British society and do so for longer before they can settle here. Beyond this, we have limited information in terms of how the government’s ‘earned settlement’ policy will work. However, the white paper provides some hints. It states that through an expansion of the existing points-based system, visa holders may have the opportunity to reduce the qualifying period based on their contributions to the UK economy and society. In other words, different forms of societal contribution may determine whether a person can settle here and how fast they can do so. Under the current point-based system rules, for example, candidates qualify for a work visa by being offered an eligible job that meets the minimum salary requirements. It may be, for example, that the points-based system is extended to reward immigrants who work in certain jobs that are considered to contribute more to British society. However, please note without a confirmed information from the government, the information we are seeing now is likely to be speculations.
What does the new ILR rule mean to naturalisation?
Under the current immigration rules, an immigrant can apply to naturalise as a British citizen 12 months after securing Indefinite Leave to Remain. The new white paper contains a section entitled ‘earned citizenship’ that suggests that British citizenship will only be awarded to those who follow the rules and make a strong contribution to the UK. The proposals may mean that:
- The qualifying time for British citizenship may increase
- Those who contribute more to British society may receive citizenship sooner than the new minimum qualification period, and
- The Life in the UK test may be ‘refreshed’ to better meet the needs of the government’s new earned citizenship approach.
References:
1 GOV.UK: Restoring Control over the Immigration System: white paper
2 BBC: Migrants already in UK face longer wait for permanent settlement
