Proposals to alter the indefinite leave to remain rules in the UK in the immigration white paper have caused dismay among some overseas workers and raised questions among immigration legal specialists.

The white paper says that people coming into the UK will only be able to apply for indefinite leave to remain after 10 years, not the current five. In most EU countries, the application point is set at five years.

However, the white paper says there will be shortcuts to settlement earlier than 10 years for those who “contribute” the greatest to society and the economy – which may mean NHS workers, scientists and other talent on the government’s priorities (and payroll).

The Financial Times has spoken with several overseas workers who say the change in the rules has left them feeling “tricked” and unable to settle despite working in the UK and achieving relatively high earnings. A 10-year wait will leave many dependent on employer sponsorship and paying thousands of pounds in extra visa fees and NHS charges.

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Home secretary Yvette Cooper has said there will be a consultation later in the year over who might be affected by the changes, but the basis for the change was the idea that, according to the Home Office, “Settlement in the UK is a privilege, not a right.”

More than one million people have come to the UK since 2021 on skilled worker visas, or as accompanying family members, including 650,000 NHS and care workers and their families. Many of these are low-paid care workers who incurred large debts to come to the UK and cannot easily return home.

More than 163,000 British nationals from Hong Kong, who have moved to the UK since 2021 largely for political reasons, could also face a longer wait for settlement, with little option to return to the territory where they fear persecution. Refugees and people on some other work visas would also be included in the total.

Chetal Patel, head of immigration at Bates Wells, said the rise in the qualifying period was one of the most “striking” proposals in the white paper. She added: “An immediate question that jumps to mind is how are people encouraged to integrate if their immigration statuses are time-limited for an extended period of time? It goes without saying that a ten-year route to settlement will make the UK more restrictive compared with other high-income countries, but a 10-year rule would put it on a level with Japan and Switzerland.”

Consultation is expected on a new “earned settlement” model, where individuals can claim earlier settlement for making a higher contribution to the UK. Some fear that this would create a class system among migrants.

 

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