Home Secretary outlines overhaul of rules for legal migrants

Long-term settlement for migrants in the UK is a “privilege” that must be earned, the Home Secretary said, as she set out details of ending automatic status in five years.

Shabana Mahmood announced changes to legal migration rules just days after she outlined reforms to the asylum system, sparking criticism from Labor Party colleagues.

The plan to “earn” settlement and double waiting times before becoming eligible for long-term status was first announced under the government's immigration document in May and aims to reduce the number of people coming to the UK.

The move comes as Ms Mahmood estimates 1.6 million people will settle in the UK between 2026 and 2030, with numbers peaking at 450,000 in 2028.

She said: “To settle in this country forever is not a right, but a privilege and must be earned.

“Today this is not the case. Settlement or permanent residence permit comes almost automatically after five years of residence in this country.

“At this point the migrant has access to many of the rights of a British citizen, including benefits.”

Under the changes, migrants will be able to apply for indefinite leave to remain in the UK after 10 years, instead of the current five years.

Conditions of the settlement include no criminal record, A-level English, no debt to the government and ongoing National Insurance contributions.

But on Thursday the government launched consultations, which will last until February, on a series of conditions that would force migrants to shorten or extend their wait for permanent resident status.

Among the proposals is that those who work in public services, such as doctors and nurses, or pay higher levels of taxes, could claim compensation after five years.

But low-skilled workers who arrived on health and welfare visas during the “Boris wave” from 2022 will have to wait 15 years.

Those receiving benefits will have to wait 20 years before applying for a permit.

Under the proposals, migrants would also only be eligible for benefits and social housing once they become British citizens, while those who entered the country illegally or overstayed their visas would have to wait up to 30 years to obtain long-term leave to remain in the UK.

In the run-up to plans expected next spring, volunteering and higher English language standards are also being discussed as ways to achieve earlier settlement.

The chief executive of the workers' rights charity Dora-Olivia Vicol called the change in settlement waiting times “heartless” and a “betrayal” of migrant communities.

“It will not make the system fairer or promote inclusion,” she said.

“It will just keep people on high-risk employer-based visas longer and drive a wedge between communities.”

Dr Vicol added that plans to raise the benefit threshold for migrants were “particularly dystopian” because the majority of those who access public funds are refugees or people deemed vulnerable enough by the Home Office to make an exception.

“With the new proposals, the Home Secretary is punishing migrant families for making them sick or vulnerable,” she said.

Dr Vikol also said there were longer waiting times for health and social care workers who had come into the country to fill staff shortages after Covid became a “stab in the back”.

The offers will not apply to people who already have settled status in the UK.

Family members of UK citizens and UK citizens living overseas from Hong Kong will still be allowed to apply for status after five years.

Shadow Home Secretary Chris Philp said he supported the plans but that the government was “copying and pasting” Conservative policies.

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