UK government unveils new rules for obtaining permanent settlement

UK announces new settlement rules and extends standard ILR eligibility period from 5 to 10 years; Indian migrants face uncertainty

TOI correspondent from London: British Home Secretary Shabana Mahmood on Monday unveiled new rules for obtaining permanent settlement in the UK, following a public consultation which attracted 200,000 responses.She announced that ILR (indefinite leave to remain) – which gives migrants unrestricted access to the job market and public funds – should now be “earned” and “should not be automatic” simply because someone has lived in the UK for five years.The starting point for the regulations will be increased to 10 years, with faster and slower lanes available, she said.To “deserve” settlement, a migrant must not have a criminal record; must speak English to a high level; must have no debt to the British government; and must have a history of at least three years of national insurance contributions.

The five-year pathway will remain open to those earning more than £50,000, as well as doctors, nurses, teachers and carers who meet certain criteria.But those earning less than £50,000 and not working in these professions will have to wait 10 years. This retrospective change caused considerable anxiety among many Indian migrants who came to the UK thinking they would get ILR after five years. In addition, the mobility routes of students, graduates and young people will not be taken into account within the framework of “establishments won”.Pranav Brahmabatt, spokesperson for INSA UK, said: “While we recognize the Government’s right to manage immigration, these changes risk creating significant financial, emotional and career 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 by changing their settlement pathways.»Those earning more than £125,000 will be able to claim a settlement after three years. Anyone who has broken immigration rules, for example by overstaying 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 arriving via the new safe and legal routes will be able to obtain settlement after five years, but those arriving illegally, for example on small boats, will have to wait 30 years.