Home Secretary Shabana Mahmood has indicated that the Government could reconsider elements of its proposed changes to Indefinite Leave to Remain (ILR) following concerns about their impact on migrants already living and working in the UK.
Speaking at the Labour Party Conference in Liverpool, Mahmood addressed the proposed settlement reforms. She acknowledged that some aspects had been criticised as unfair.
She said the Government would seek a position that balances fairness towards people who came to the UK legally with fairness towards British citizens.
Her comments come amid growing pressure over proposals that could significantly extend the route to settlement for some overseas workers.
Why Are the ILR Proposals Facing Criticism?
Under the proposed Earned Settlement system, the standard qualifying period could increase. It could rise from five years to 10 years.
Some migrants could face an even longer route.
The Government’s consultation proposed a 15-year starting point for workers in occupations below RQF Level 6. This could affect some people sponsored in social care roles.
A key concern is how the reforms could affect people already in the UK. Many are currently progressing towards settlement under existing immigration arrangements.
According to The Guardian, Housing Secretary Angela Rayner has raised concerns about the effect on overseas care workers who moved to the UK to work in the care sector.
Unison General Secretary Andrea Egan has also criticised the proposals. She raised concerns about workers who expected a five-year route potentially facing a much longer wait for settlement.
Could the Government Change Its Plans?
Mahmood’s conference speech suggests that the final policy has not yet been settled.
Addressing concerns raised during the consultation, she said:
“We will come to a position that balances fairness for those who came here legally, and fairness to British citizens across this country.”
Sources close to the Home Secretary also told The Guardian that no decision had yet been made on the ILR proposals.
This does not mean that the Government has withdrawn the proposed 10-year or 15-year qualifying periods. However, it indicates that the final version of the Earned Settlement Policy could differ from the proposals originally put forward.
What Does This Mean for People Already on a Route to ILR?
For migrants already working towards settlement, the question of transitional arrangements remains particularly important.
If the Government applies new qualifying periods to people already in the UK, some applicants could have to wait considerably longer for ILR than they expected when they entered their current immigration route.
However, the final rules have not yet been confirmed.
People currently approaching settlement should therefore not assume that their existing five-year route has already been extended. The Immigration Rules currently in force continue to apply unless and until the Government introduces and brings new rules into effect.
The next stage will be important, particularly for care workers and others who could be affected by longer settlement periods.
Waiting for the Final Earned Settlement Policy
Mahmood’s latest comments show that the Government is considering the concerns raised about the fairness of its settlement reforms.
It remains unclear whether this will change the proposed qualifying periods. The Government could also introduce transitional protections or different arrangements for certain groups.
Until the Government publishes its final position, the Earned Settlement reforms remain proposals rather than confirmed changes to ILR rules.
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