Tajammul Gurmani
Manchester: Retrospective changes to immigration rules are set to make life harder for economic immigrants in the UK. Home Secretary Shabana Mahmood announced major changes to immigration rules in Parliament this week. Under the new rules, many immigrants will have to wait 10 years to qualify for settlement in the UK. The changes will affect immigrants from India, Pakistan, Bangladesh and other countries who are working in IT, hospitality, construction, charity, retail and other industries across the UK.
According to the new rules, immigrants who obtained a Skilled Worker visa (formerly Tier 2) will have to complete 10 years before applying for settlement (Indefinite Leave to Remain or ILR). The government has introduced three categories based on annual income, with different settlement periods: 3 years: £125,141 annual salary, 5 years: £50,271 annual salary and 10 years: £12,571 annual salary. The government has also introduced other conditions, including stronger character requirements, criminal record checks, a higher level of English, integration and residence requirements. However, it may be very difficult for many immigrants to meet the financial contribution requirement of £50,271 a year to qualify for settlement after five years of employment in the UK. The government has also announced changes to other immigration routes, including student and graduate routes. Students may no longer be able to qualify for settlement simply by completing 10 years of lawful residence under the long-residence route. The Entrepreneur route will also no longer provide an effective pathway to settlement in the UK. Partners and children will also have to qualify for settlement after 10 years alongside the main applicant. Transitional arrangements for the five-year settlement period have been announced only for education and health workers and public servants, with a salary threshold of £25,000 a year. The government has also stated that care workers who have lost their jobs must find new sponsorship from 1 February 2027, within four months. They will then have a further six months to resolve their employment situation. Otherwise, their visas may be curtailed, and they may have to leave the UK.
Overall, the new settlement policy is very strict and does not appear to offer significant relief to immigrants hoping to obtain settlement after five years. Sources said that the UK may become a less attractive destination for immigrants seeking education, employment and business opportunities, particularly those hoping to settle in the country. The UK may also become more dependent on European migrants who left the country after Brexit. “The affected immigrants may also challenge the retrospective rule changes in court. They could argue that the government had promised them the opportunity to obtain settlement after five years when they were granted their work visas. The new 10-year settlement rules could affect not only their families but also cause serious financial hardships. They will hope that the courts may provide some relief,” the sources added.
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