In a recent report published by The Times, it has been suggested that the Government may apply its proposed changes to settlement rules retrospectively to migrants already residing in the United Kingdom.
According to the article, sources have indicated that Home Secretary Yvette Cooper wishes to extend the proposed ten-year qualifying period for Indefinite Leave to Remain (ILR) to all migrants who arrived in the UK within the last five years.
If this position were adopted, it could impact an estimated 1.5 million foreign workers, many of whom were due to become eligible for settlement under the current five-year route later this year. The report states that such individuals may now be required to complete a full ten years of residence before becoming eligible for ILR.
The article raises significant questions about the legal and human implications of applying such a change to people already on a path to settlement, especially those who made long-term commitments—relocating families, leaving behind homes and jobs abroad—based on existing immigration rules.
Concerns have also been raised about the financial strain of prolonged temporary leave, including repeat application fees, legal costs, and Immigration Health Surcharge payments, currently £1,035 per adult and £776 per child per year, payable upfront for each visa renewal. Employers could also face years of continued Immigration Skills Charges, potentially affecting sponsorship decisions.
While the policy has not yet been confirmed by the Government, The Times report has caused concern across migrant communities and among legal professionals.
The issue of legitimate expectation—the principle that individuals should not be disadvantaged by retroactive changes to the law they relied upon—is expected to feature prominently in the ongoing debate.
NARA Solicitors is closely monitoring the situation and will continue to provide updates as more details emerge.
To read the full article, visit: https://www.thetimes.com/uk/politics/article/keir-starmer-speech-rivers-of-blood-enoch-powell-m59qq8d7x
