Earned Settlement Update
The government recently set out their proposals for a new earned settlement model in a white paper which can be read here.
The new model will increase the standard qualifying period for settlement from the current residency requirement of 5 years to ten years. However, applicants will be able to reduce this period based on their contributions to the UK economy and society.
It is proposed that the earned settlement system will be based on four main factors, namely:
- Character – This new system will continue the refusal of applications where good character and conduct (including criminal record, compliance with immigration requirements and considerations pertaining to the public good) are not met. The expectation is that an Applicant will not be able to settle with a criminal record. The thresholds of criminality will be released in due course.
- Integration – The new model will ensure that all Applicants demonstrate meaningful engagement with British society.
- Contribution – The new system will reward individuals who have made a sustained and measurable economic contribution to the UK, such as earning a salary above certain thresholds for a period of at least 3 years, will lead to an accelerated path to settlement due to an active participation in the economy.
- Residency – The reformed system will recognise lawful, continuous residence in the UK, but will not qualify on the basis of residency alone, with the qualifying period for settlement increasing from the current 5 years to 10 years.
Certain groups of Applicants will be exempt from these changes, notably those with leave to remain in accordance with Appendix FM (family and married life) and BNO visa holders.
The government proposed that the new model will work retrospectively, thus affecting all Applicants applying for settlement post the implementation date, suggested to happen at the start of Autum. Whilst this retrospective nature of the new model is unpopular and attracted a lot of negative publicity, and still the subject of consultation, it is widely believed that the government will push ahead with it.
The Home Secretary Shabana Mahmood cautioned that some impact on those already here was inevitable:
“It is inconceivable that literally nobody who is currently here would be affected by any of these changes, and I think we should be up front about that.
In several areas, including whether to assess earnings on an individual or household basis, and how to treat children, she stressed that “the consultation is genuinely open on this point” and that the Government would “look at the totality of the responses that we have received before we design the final policy.”
While much of the system’s detail remains subject to consultation responses, Mahmood made clear that some headline changes are already settled and will go ahead as announced.
“We have already announced that we want to go from a baseline five-year qualifying period to 10 years, which we are not consulting on,” she told MPs. The Home Secretary continued:
“We have a relatively generous welfare state. Five years is actually quite a short period before people can be permanently settled in the country, with all the benefits that brings. It is therefore right that we extend it.”
At Sydney Mitchell, we are ready to assist anyone who believes they are eligible to apply for settlement / indefinite leave to remain, before these changes are implemented. Many Applicants may qualify after 5 years residency in the UK, less 28 days, long before their visa expiry date and do not have wait until their visa expiry to make an application.
What should I do?
If you believe that you are eligible to apply for settlement / indefinite leave to remain, don’t leave your future to chance.
Seek expert legal advice early. Get in touch today to discuss your situation in confidence—and take the first step toward securing your status.
