Earlier this year, the Government published a White Paper indicating their intention to increase the qualifying period for Indefinite Leave to Remain (ILR) - the right to live in the UK permanently - from five years to 10 years. At the time, there was little detail on how this would be applied, but the Home Secretary has now provided further information.
What has the Home Secretary announced?
The main details in the Home Secretary’s speech were:
- The Government will publish a consultation paper setting out their plans to introduce the 10-year qualifying period. This will allow individuals and businesses an opportunity to express their views on the plans before they are finalised.
- The Government is committed to ensuring that those who wish to live in the country contribute to life in the UK. With this in mind, the Government will propose a scheme which takes into account:
- Whether someone is in work in the UK and making National Insurance contributions;
- Whether someone has received any public funds or benefits (although most visa holders are already barred from accessing benefits);
- Whether someone can meet a new, increased English language requirement;
- Whether someone is contributing to their local community through volunteering.
- It will be possible for some people to reduce the qualifying period from 10 years if they make a significant contribution.
What is still unknown?
While the additional detail is welcome, much remains unclear, including:
- Will the 10-year qualifying period be applied to people already in the UK, or will it only apply to people moving to the UK after the changes are introduced?
- How will the new “contribution-based” ILR rules apply to dependants? For example, if the spouse of a Skilled Worker is not working, perhaps because they are looking after a child, will they have to live in the UK longer than their partner to qualify for ILR? Or will they be able to qualify based on other factors?
- What will the new English language requirement be? The White Paper referred to increasing the threshold from Level B1 (National 5/GCSE exam level) to Level B2 (Higher/A Level), but it is possible those with higher levels of English will be able to gain ILR more quickly.
- How will volunteering or contribution to local life be assessed? This is similar to the previous Labour Government’s 2009 Earned Citizenship legislation, but as that was never brought into force, we will need to wait for the consultation document to see how it will apply in practice.
What can businesses do now?
There are no immediate actions required for businesses, but the announcement does have the potential to unsettle workers. We recommend that employers communicate to their employees that the announcement has not introduced any changes to the rules at present, but that they are monitoring the situation and will review the consultation when it is published.
Businesses will be able to respond to the consultation, and if you would like to understand how the changes may affect your organisation - and the potential costs to you if the new rules are applied to existing visa holders - please get in touch with our immigration team.
