Currently, ILR has become a focal point and the most debated immigration issue in the UK 🇬🇧. The background to this turmoil for the government is the influx of over 1.5 million immigrants in 2021 and 2022.
This unexpected surge is known as the ‘Boris wave’. It resulted from Brexit and the Pandemic.
In the service industry and healthcare sector, foreign workers were needed and mainly arrived from India, Nigeria, China, and Pakistan.
Now, all these immigrants and their families are eligible for ILR under current rules.
The genuine concern is that once granted ILR, these immigrants and their families will be entitled to all benefits and free NHS treatment.
The government is already under pressure due to welfare and NHS costs.
Initially, the government proposed two measures to address this issue:
(a) Making ILR an ‘Earned Settlement’ rather than a residence of five years.
(b) Increasing the qualifying period for ILR from five to ten years.
Recently, Parliament discussed these proposals, sparked by two petitions with over 100,000 signatures each.
The proposed changes, currently under debate and consultation, include:
1. Extending the ILR qualifying period from 5 years to 10 years.
2. Shifting ILR criteria from time-based to evidence of contribution, integration, conduct and behaviour.
Mandatory requirements for ILR listed are:
(1) A clear criminal record.
(2) English language proficiency (B2 level).
(3) Sustained and measurable economic contribution, including work, National Insurance, and tax records.
(4) No outstanding debts to UK public bodies.
Accelerated ILR routes (shorter than 10 years) include:
(a) High earners (£50,000 to £100,000 for seven years, and higher earnings for five years).
(b) Public service workers (including NHS and teaching staff).
(c) Significant community or voluntary contributions.
Longer or restricted routes are proposed for:
(a) Illegal entrants and overstayers.
(b) Reliance on public funds.
Routes remaining for 5 years include:
(a) Spouses and partners of British citizens.
(b) British National (Overseas) Hong Kong residents.
(c) Global Talent visa holders.
It might surprise some, but certain public funds and social housing are being considered only for people holding British nationality.
The following points are still under review:
(a) Whether these changes should apply retrospectively to current migrants on a 5-year route.
(b) Possible transitional arrangements for those halfway through their ILR journey.
(c) Finalisation of fixed criteria, evidential thresholds, and safeguards.
(d) Sector and job-specific variations are being examined.
The good news is that MPs across all parties have strongly opposed the retrospective application of these changes.
Fairness, legal certainty, and trust remain core values of British society and its systems.
Thankfully, nothing has been implemented yet. Consultation is ongoing, and the outcome is uncertain.
This blog is authored by our Senior Consultant Immigration, Dost Mallik reach him at 02072421666