The 10-year wait for settled status proposed by the government could be implemented as early as Summer 2025 and apply retrospectively to immigrants already living in the United Kingdom.
This is according to analysis from legal firm Dentons, which looked at the recent appearance of Home Secretary Yvette Cooper before the Home Affairs Select Committee and highlighted the potential next steps the government could take in implementing its planned immigration reforms.
Dentons noted that the proposal to increase the wait time for UK settlement was notably absent from the committee discussion, with no timelines given for when these changes would be effected. However, the firm considers it likely that this rule could come into force as early as Summer 2025.
“The implementation timeline for these changes remains somewhat vague, though a phased approach seems likely,” Dentons said. “It’s possible that some of these changes could be introduced as soon as Summer 2025, or in the Autumn 2025.”
In its Immigration White Paper, the UK government proposed a number of major reforms to the country’s immigration system, including a new rule that means those living in the UK will need to reside in the country for 10 years to be eligible for settled status, or indefinite leave to remain.
Currently, immigrants living in the UK are eligible for settled status after five years of living in the country, after which they are also able to apply for citizenship.
The new rules propose to double the length of time required to qualify for both indefinite leave to remain and British citizenship, expand the points-based system to apply to this process, and introduce more stringent requirements for citizenship applications.
New 10-year rule could apply to those already living in the UK
A controversial question surrounding the new 10-year rule for UK indefinite leave to remain is whether it will apply to those immigrants already living in the UK and on routes to qualifying for settled status.
The government has not yet confirmed whether it will apply this rule retrospectively, but Dentons notes that it is possible and even has precedent.
“The controversy around the proposed increases in the ILR qualifying periods is that it has been considered that the changes will apply retrospectively to individuals already in the UK on the 5-year or 3-year routes to ILR,” Dentons said.
“Whilst some have queried the legality of such retrospective implementation, it is clear from case law that changes to the Immigration Rules can apply even after an application has been made.”
“In addition, it is also worth noting that the previous increase to the qualifying period for ILR in 2006, from 4 years to 5 years, was applicable retrospectively to individuals already in the UK.”
The firm said it is very likely that if this change is implemented to apply retrospectively to those already living in the UK, it will be subject to legal challenge.
Leave a Reply