Nigel Farage, leader of Reform UK, has made some explosive claims about a supposed “Boris wave” of immigration: a dramatic and uncontrollable influx of legal migrants. He promises to abolish Indefinite Leave to Remain (ILR) and save the UK a fortune. But what does all this mean for you?
Disclaimer: This article provides general information, not legal advice. For advice on your individual circumstances, consult our immigration lawyer.
What are in the Reform UK Immigration plan?
General immigration
- Only British nationals would be permitted recourse to public funds. Currently certain visa holders, EEA nationals and ILR holders are permitted recourse to public funds.
- Plans are to have retrospective effect and so existing visa holders would be expected to comply with Reform’s plans with no transitional arrangements provided.
- Introduction of Mass Deportation laws which makes it a legal duty or obligation for the Home Office to enforce illegal migration. Anyone deported will be given a permanent re-entry ban.
- As part of the deportation plans, those subject to deportation will be detained and bail to become harder to be granted.
ILR
- Migrants would no longer be eligible for Indefinite Leave to Remain.
- ILR would be replaced with a five-year renewable visa
British citizenship
Timeframes to become British would be extended with average waiting times increasing from six years to seven years.
EEA nationals
EEA nationals would not be exposed to the new laws under Reform UK owing to the protection afforded by the Withdrawal Agreement.
Family visas
- The UK would leave the European Convention to Human Rights and repeal the Human Rights Act.
- Higher salaries and English Language thresholds will be introduced.
Investment visas
More options for Investment and Business based visas would be introduced for those who plan to commit significant capital to the UK economy.
Work visas
The introduction of the Acute Skills Shortage Visa where companies can continue to sponsor workers on the basis that for every worker sponsored to work in the UK, that they train a British national as well.
Asylum
- The UK to leave the Refugee Convention.
- Anyone entering the UK unlawfully cannot claim asylum or submit visa applications to stay.
The Legal Implication
Now, this is where the legal questions come in. Reform UK’s proposals sound simple, but in the real world, they’re anything but.
During the press conference, they claimed their plan would save over £230 billion. However, this figure has been scrutinised and retracted by the think tank that initially published it, which now states it “should no longer be used.”
As for the so-called “Boris wave,” legal migration numbers did rise under the previous government, but official statistics indicate a recent decrease. Furthermore, most migrants come on work and study visas. The party’s head of policy, Zia Yusuf, claimed that over half of these individuals do not work and are a burden on the state. However, he provided no evidence to support this claim and directed journalists to “ask the government” for more information.
The unveiling and the obstacles
The real issue, which they have consistently overlooked, is the legal reality. Reform UK has stated they would need to “abolish the human rights act” to implement their proposals. This is not a simple task. It would create conflict between the UK government and its own domestic courts, contradict international human rights conventions, and undermine binding agreements established by the EU Withdrawal Agreement, which protects the rights of EU citizens. As a result, their proposals have been criticised as “unworkable” and “unacceptable” by political adversaries and legal experts.
What you need to know right now
The headlines may be loud, but they do not reflect the law. The current rules remain in place. This means:
- The standard path to ILR is still five years of continuous legal residence.
- You still need to pass your English language and Life in the UK tests.
- You still need to meet the current financial thresholds for your visa.
Ultimately, the Reform political party has a plan to halt the influx of legal migrants and fix a broken system, aiming to dismantle significant aspects of UK immigration law. However, their proposed changes would not only affect who can live in the UK; they would fundamentally alter the nature of British law and its international standing. This approach carries the risk of creating legal chaos, economic disruption, and social uncertainty.
If you’re worried about how these political proposals might affect your future, don’t rely on news soundbites. Turn to legal experts instead. At Reiss Edwards, we specialise in navigating the complexities of UK immigration law. We can help you understand your options, prepare your application, and ensure you stay on the right path.
