From Years to Decades: Reviewing the Government's Plans to Raise the Bar for Settled Status.

On Wednesday the Home Secretary, Shabana Mahmood, announced a slate of changes to the UK immigration system and how long it takes to achieve settled status. She advised she was seeking to reduce the amount of legal migration, stating that the current “pace and scale of migration in this country has been destabilising”.

While primarily focused on increasing the amount of time required in the UK before a migrant can apply for settled status, the changes also introduced criteria on how this length of time can be reduced or increased by taking into account an individual’s so-called “value to society they play”.

The Home Secretary has confirmed that these changes would apply to migrants already in the UK who are not currently settled, including those who are due to reach settlement in the coming months and years, as soon as the rules are changed.

New Minimum Requirements for Settled Status

The rule changes have altered the requirements for which applicants can now qualify for settlement. The new minimum requirements for an application for settlement are based on four pillars which are as follows:

• Suitability – this requires the applicant to meet suitability requirements as set out in the Part Suitability of the Immigration Rules, including a requirement for the applicant to have had no previous criminal convictions and have no current litigation, NHS, tax or other government debt.
• Integration – the applicant must be able to evidence that they meet English Language requirements at a B2 level (A-level equivalent) and must evidence that they have passed the Life in the UK test.
• Contribution – the applicant must have had annual earnings of at least £12,570 for a minimum of 3 to 5 years (subject to consultation), in line with the current thresholds for paying income tax and National Insurance Contributions (NICs), or an alternative amount of income.
• Residence – this requires the applicant to show they have resided in the UK on a lawful and continuous basis.

Changes to the ‘Continuous Period’

Previously, migrants were required to live in the UK for a period of 5 years prior to applying for settled status. This is officially known as the continuous period. Under the proposed new rules, this period will now be re-named to the ‘baseline period’ and will be increased to 10 years. Importantly, the proposal includes effectively turning the baseline period into a points-based system where various factors will either shorten or lengthen the baseline period. The government is calling this earned settlement where potential migrants need to demonstrate a sustained contribution to British society to earn settled status.

Some of these factors affecting the baseline period include:

Factor	Effect on baseline period	Total years to earn settled status
Having a competency level in English Language at C1 level (higher than the B2 minimum)	Reduction by 1 year	9 years
Earning £50,270 or more for at least 3 years	Reduction by 5 years	5 years
Earning £125,140 or more for at least 3 years	Reduction by 7 years	3 years
Holding a Global Talent or Innovator Founder visa with 3 years’ continuous residence	Reduction by 7 years	3 years
Family members (partner to/child or parent of a British Citizen) with permission	Reduction by 5 years	5 years
Applicants who entered under the BNO route	Reduction by 5 years	5 years
Working in a specified public service occupation (e.g. for the NHS)*	Reduction by 5 years	5 years
Recipient of public funds or government benefits for less than 12 months	Addition of 5 years	15 years
Recipient of public funds or government benefits for more than 12 months	Addition of 10 years	20 years
Applicant entered the UK illegally, entered and stayed via a visit visa, or overstayed by 6 months or longer	Addition of up to 20 years	Up to 30 years

*importantly, the government has specifically mentioned doctors and nurses qualifying via this route. For individuals who enter via the Skilled Worker or Health and Care routes and deemed to be in a lower wage occupation, the government is proposing increasing the baseline period to 15 years.

At present there are no specified reductions in relation to specific and vulnerable groups, but this is currently under consultation.

What is unclear at present is how the baseline is affected if an individual meets several factors that both add to and decrease their baseline period.

Crucially, the government is also currently consulting on how the new baseline period will affect those who are already living and working in the UK but who have not yet achieved settled status.

Why is the System Changing?

Outside of the broader political landscape, the government and Shabana Mahmood have stated that they want to change the UK immigration system to one that prioritises those who can offer a net contribution to society. Specifically, the government want to:

1. Prioritise those who are willing and able to contribute to, and integrate into UK society
2. Offer a faster route to settled status for those with a strong attachment to the UK
3. Fast track settlement for individuals who make an outsized contribution to the UK or who work at a senior level in its public sector
4. Delay settled status for those deemed a net detractor from society or enter the UK illegally

Overall, it seems the government wants to place a greater emphasis on skilled migration, while making it more difficult for those who make a negative fiscal contribution in society to stay. In short, if the government expects an individual will take more from the public purse than they will add to it, they will need to wait longer to achieve settled status.

Final Comments

Whilst some of these proposals are still subject to consultation, the proposed changes show the UK’s shift to a stricter, time-adjustment immigration model which rewards higher contributions to tax and contributions to life in the UK whilst also penalising illegal migration or reliance on public funds.

However, this may throw many individual’s or family’s plans for settlement into uncertain territory. In an everchanging immigration system, the need for specialist immigration advice can be crucial in finding the most eligible and fastest routes to settlement and assisting in bringing a strong case to the Home Office in an application.

If you, or anyone you know, thinks that your immigration status may be affected by the changes announced this week, please get in touch with Britton and Time and we can arrange a consultation with one of our immigration specialists to discuss the rule changes and advise on your best options for settlement moving forwards.

How Britton and Time Can Help 

Whether you’re looking to move to the UK or already living here, we’re here to help you understand how these changes will affect you. With many of these changes just a proposal at this stage, it’s important to remember that nothing has changed yet. Whether you’re looking to change your settlement route or simply understand how your existing status will be affected, you can call us on 0203 007 5500 to arrange a consultation with an experienced immigration solicitor.