The UK Government has recently announced significant changes to its immigration system, with a particular impact on Indefinite Leave to Remain (ILR), also known as “settlement.” These changes are outlined in a White Paper titled “Restoring Control over the Immigration System” and are aimed at reducing net migration and ensuring that those who come to the UK genuinely contribute to the economy and society.
Here’s a summary of the key proposed changes to UK ILR and related immigration routes:
1. Extension of ILR Qualifying Period:
- Default 10-Year Route: The most significant change is the proposal to extend the standard qualifying period for ILR from five years to ten years for most points-based routes (e.g., Skilled Worker visa). This means migrants would need to remain on temporary visas for a longer duration, potentially requiring multiple visa renewals.
- “Earned Settlement” Model: The government plans to introduce an “Earned Settlement” model. This means that while the default will be 10 years, there will be opportunities for individuals to reduce the qualifying period to settlement and citizenship based on their contributions to the UK economy and society. The exact criteria for this “points-based assessment” are yet to be fully clarified but are expected to consider factors like higher salaries, tax paid, professional qualifications, community service, and work in shortage occupations.
- Family Visas: The 10-year rule is generally not expected to apply to family visas, which are currently on a 5-year route to settlement.
- Retrospective Application: The government has not explicitly confirmed whether these changes will apply retrospectively to those already in the UK on existing visa routes, although some indications in the White Paper suggest it may affect those already here. This is a point of concern for many, and there’s a legal precedent (the HSMP case in 2008) that suggests retrospective application might be challenged.
2. Increased English Language Requirements:
- Stricter Levels for Settlement: For those applying for settlement, the English language requirement will increase from Level B1 (intermediate) to B2 (upper intermediate) for most routes.
- New Requirement for Adult Dependants: A new English language requirement at Level A1 (beginner’s level) will be introduced for all adult dependants of workers and students. Individuals will be expected to demonstrate progression to A2 (elementary) for visa extensions and B2 for settlement.
3. Changes Affecting Work Visas (Skilled Worker Route):
- Higher Skills Threshold: The minimum skills level for the Skilled Worker visa will be raised from RQF Level 3 (A-level equivalent) to RQF Level 6 (degree level). This will reduce the number of eligible occupations by approximately 180. Existing Skilled Workers in roles below RQF Level 6 will generally be allowed to extend their visas in their current occupations and change employers, but new applicants will be subject to the higher threshold.
- Increased Salary Thresholds: Salary thresholds for the Skilled Worker route are set to rise, with exact figures to be confirmed. The baseline minimum salary for a Skilled Worker visa increased from £26,200 to £38,700 in April 2024.
- Abolition of the Immigration Salary List: The Immigration Salary List (formerly Shortage Occupation List), which allowed for reduced salary thresholds in certain roles, will be abolished.
- Introduction of a Temporary Shortage List (TSL): A new TSL will be introduced to cover roles (below RQF-6 level) in sectors experiencing shortages. This list will be time-limited and conditional, with caps and quotas on visa numbers.
- Increased Immigration Skills Surcharge: The Immigration Skills Surcharge, paid by employers, will increase by 32%.
- Closure of Overseas Social Care Recruitment: The Health and Care Worker visa will be closed to new applicants from overseas for adult social care workers. Visa extensions will be permitted until 2028 for those already in the UK.
4. Changes Affecting Student and Graduate Visas:
- Reduced Graduate Visa Duration: The length of the Graduate visa will be reduced from 24 months to 18 months (and from 3 years for PhD graduates to 18 months).
- Levy on Universities: The government will explore introducing a levy on higher education providers’ income from international students, to be reinvested into the higher education and skills system.
- Stricter University Compliance: A new traffic light system will be introduced to rate universities’ compliance in maintaining their sponsor licence, with stricter requirements for recruiting international students.
5. Family Visas:
- Consolidation of Family Routes: The government plans to merge all family-related immigration pathways into a single, streamlined category.
- Stricter Financial Evidence: Stricter financial evidence requirements are expected to ensure sponsors can support family members without reliance on public funds. The minimum income required for British citizens to sponsor a spouse/partner visa rose from £18,600 to £29,000 in April 2024, with some transitional arrangements in place for those who applied before that date.
Implementation Timeline:
There is no fixed date for all the White Paper’s proposals to come into force. Some changes are expected “in the coming weeks,” while others, such as the extension of the ILR qualifying period, will be subject to further consultation “later this year.” This means changes will likely be phased in over the course of the current Parliament (until 2029).
Important Considerations:
- Proposed Changes To UK ILR: It’s crucial to remember that many of these are proposed changes outlined in a White Paper. While they indicate the government’s direction, further consultation will take place, and the exact details and implementation dates may evolve.
- Stay Informed: Given the ongoing nature of these changes, it is highly recommended to consult official UK government guidance (GOV.UK) and seek advice from qualified immigration lawyers for the most up-to-date and personalized information.
If you wish to know how these Proposed Changes To UK ILR will impact your immigration status why not a book a consultation with one of our experts right here.