Following on from our earlier article on the proposed changes to the immigration system as regards ’earned settlement’ – what should individuals and sponsors consider now, what are the watch points and what should employers and individuals be concerned about?
Groups who may be most impacted by some of the changes include:
Dependants of British citizens
The new, longer settlement baselines will not apply to:
- Individuals with permission under the EU Settlement Scheme
- Family members of British citizens
- British National (Overseas) visa holders
These groups will still qualify for settlement after 5 years of residence.
Accelerated settlement pathways will remain available for:
- Global Talent visa holders
- Innovator Founder visa holders
These groups may qualify for settlement after 3 years – a specific question raised in the consultation about whether dependants of migrants on Global Talent/Innovator Founder visa status should retain current 5-year path to settlement, if/when the main applicant becomes eligible after 3 years.
Dependants of skilled workers
- Any non UK national here as a dependent of a skilled worker and who is subject to immigration control will in future need to qualify independently, but this does not affect those applying as family members of British citizens.
Following publication of the proposals, major concerns centre on:
- The longer and variable routes to settlement
- Possible retrospective application: how much will those already here who may be on the brink of applying for/obtaining ILR/ permanent residence be affected?
- Workforce shortages and recruitment
- Administrative and compliance cost and complexity
The individuals and groups who may have concerns include:
- Families – spouses, children, extended family members of non UK nationals currently in the UK or who may wish to join family
- High earners and some senior public sector professionals – some higher-paid workers (doctors, senior public servants, high earners) might be offered accelerated routes (3–5 years). Employers may worry about two-tier effects (workforce stratification) and fairness between staff doing equally essential but differently-paid work
Their potential concerns could include:
- Questions re transitional arrangements – how and when will these reforms/changes be introduced?
- Concern from economic migrants that they will now qualify independently from their families/dependents, creating uncertainty as family members may be eligible for settlement separately from their sponsor
- Students and academics with long UK residence should be prepared for the possibility that prior years spent in student status may not contribute toward settlement
- Overall major risk of families having mixed eligibility, creating uncertainty and potential delays
- Possible impact on naturalisation and applications for British Nationality: could there be an impact on individuals who have ILR but may previously have entered illegally or overstayed?
- Concerns from Irish-national families since the position for dependants of Irish citizens is “yet to be decided”
Some of the legal, operational and reputational concerns for individuals and employers
Retrospective application & legal risk: some employers and stakeholders highlight that applying new rules to people who expected settlement under the old rules risks legal challenges and undermines trust
Complexity and administrative burden: Employers will need to track taxable earnings, benefits history, volunteering/“community contribution”, English/tests, criminal records — which increases cost and HR burden
Labour market distortion: Faster settlement for high earners but much longer waits for low-paid workers could worsen shortages in essential services (care, hospitality, food production) and drive up operational costs
Impact on recruitment & retention: Immediate concern that international recruitment pipelines will dry up and existing staff will be tempted to leave for more secure countries or sectors.
