Politics
Shabana Mahmood's huge changes to UK immigration rules explained in full
Key Points
Shabana Mahmood's huge changes to UK immigration rules explained in full Home Secretary Shabana Mahmood has unveiled the biggest shake-up to the UK's migration rules in a generation - as she rolled back from controversial proposals directed at migrant care workers Shabana Mahmood has dramatically rowed back on controversial plans to force migrant care workers to wait 15 years before qualifying to settle in the UK. The Home Secretary confirmed the carve-out as she unveiled the biggest...
Shabana Mahmood's huge changes to UK immigration rules explained in full
Home Secretary Shabana Mahmood has unveiled the biggest shake-up to the UK's migration rules in a generation - as she rolled back from controversial proposals directed at migrant care workers
Shabana Mahmood has dramatically rowed back on controversial plans to force migrant care workers to wait 15 years before qualifying to settle in the UK.
The Home Secretary confirmed the carve-out as she unveiled the biggest migration shake-up in a generation - which will mean half a million people face longer waits for indefinite leave to remain (ILR). Ms Mahmood confirmed that the standard wait to qualify for ILR will double from its current five years - although high earners and NHS workers are among those who can apply sooner.
For the first time, she said, people will have to have a spotless criminal record, speak a high level of English, have no debt to the government and have a record of paying National Insurance to be approved.
Ms Mahmood said: "Settled status is one of the most valuable rights this country can offer. Until now it has been given almost automatically. From today, it must be earned."
Here we look at some of the key measures from today's announcement.
What is changing?
At the moment migrants are granted indefinite leave to remain (ILR) after being in the country for five years.
Ms Mahmood told the Commons this is a near-automatic process - something she says will be changing. The standard settlement time will be doubled to 10 years, while people who come in small boats face waits of 20 or 30 years.
There will also be new conditions - including having a clean criminal record, no debt to the government and ability to speak English to a high standard. More on that below.
Carve-out for care workers
One of the most controversial aspects of Shabana Mahmood's proposals last year was changing the rules for people who are already in the country.
Particularly controversial was the impact this would have in the care sector. Under Ms Mahmood's original plan, migrant care workers would face a 15 year wait - up from the current five.
Critics warned penalising care workers would scupper Andy Burnham's dream of creating a new National Care Service. In a statement the Home Office said: "In recognition of the contribution care workers made to Britain when the sector was reeling from the Covid-19 pandemic, those who met their visa conditions and earned at least £25,000 a year, will be able to settle after five years."
How many people will be affected and how much will it save?
The Home Office estimates that 500,000 people will now wait for more than five years to qualify for ILR.
This is important, Ms Mahmood said, because ILR brings with it many of the rights enjoyed by British citizens - including the right to welfare and social housing.
As a result of the measures, the Home Office says, billions of pounds will be taken off the welfare bill. However the government has yet to give a precise figure.
The government estimates that around 1.9million people will become eligible for ILR between this year and 2030.
How long will legal migrants now have to wait?
The Home Secretary's new regulations mean high earners and public workers like doctors are fast-tracked. At the moment ILR is granted after five years.
This is what the new system will look like:
3 years - additional rate taxpayers earning over £125,141, plus those who came on highly skilled routes, such as Global Talent and Innovator Founder
5 years - Higher rate taxpayers earning over £50,271 and skilled public service workers like doctors, nurses and teachers.Refugees who come on safe and legal routes also fall into this category.
10 years - The new standard wait
20 years - People who claim certain benefits in the UK or commits a visa offence
And how about refugees?
There will also be new settlement times for people who come to the UK as refugees. Bear in mind, again, that it is currently five years.
5 years - Those who come on safe and legal routes
10 years - Those who did not come by small boat and have entered work or study
20 years - Those who did not arrive by small boat and have not entered work or study. Also those who came by small boat and have entered work and study.
30 years - Those who arrived by small boat and have not entered work or study
What will people have to do to qualify for ILR?
At the moment the process is pretty much automatic - if you're in the UK for five years, you will qualify for settlement. But under Ms Mahmood's plans, people will have to meet these criteria:
- A spotless criminal record
- English spoken to a high standard - equivalent to A-level English as a foreign language)
- No debt owed to the taxpayer
- A record of sustained National Insurance contributions
What is happening with volunteering?
When Ms Mahmood unveiled these proposals last November, one of the key features was volunteering as a way of reducing the wait for ILR.
She proposed letting people do voluntary work in their communities to earn a faster settlement. This, however, has been scrapped. The government said doubts were raised about the idea during the consultation.
It says: "Respondents, including voluntary-sector organisations, raised significant concerns about making volunteering work part of the settlement system, including around safeguarding, verification and the risk that vulnerable people could be pressured into unpaid activity.
"The government will therefore not use volunteering to reduce settlement periods under the new Earned Settlement model."
What has Andy Burnham said?
The Prime Minister has voiced his support for the Home Secretary's measures.
In a statement he said: “People want to see an immigration system based on control, contribution, and which rewards those who play by the rules.
“These proposals are based on that principle and recognise the contribution made by overseas workers to our country. Following Brexit, the previous government lost control of immigration, with an unprecedented spike in numbers. This Home Secretary is gripping this problem, and she has my full support in doing so.
“It is only fair that those who are making the most valuable contribution to our communities are given the opportunity to settle earlier. Those in other roles should expect to wait longer while people who abuse the system or arrive illegally will be refused or will also have to wait longer.”