UK ILR Waiting Period: A House of Lords committee has handed a blow to the Government’s planned revisions to Indefinite Leave to Remain (ILR), saying that increasing the qualifying term for settlement could have detrimental social and economic effects.
The study, issued today by the House of Lords Justice and Home Affairs Committee, considers the Government’s proposed ‘Earned Citizenship’ framework and makes a number of recommendations on balancing integration, justice and economic contribution within the immigration system.
House of Lords Committee Opposes Longer ILR Waiting Period
Some of its more prominent conclusions are the committee’s argument that the present five-year track to ILR should be kept. Proposals to extend the qualifying time to 10, 15 or even 20 years might put migrants under long-term uncertainty, damage integration, exacerbate poverty and heighten the possibility of people falling into illegal immigration status, the paper warns.
Peers said the Government should consider uncoupling ILR from access to public cash rather than postponing payment. Under this concept, migrants might gain established status after five years, but would still be subject to No Recourse to Public Funds (NRPF) restrictions until they had lived in the country for 10 years or earned British citizenship.
Committee Rejects Retrospective Changes to Settlement Rules
The committee also opposes vehemently the retrospective implementation of new settlement standards. The report said applying the new conditions to migrants already in the UK through existing channels to settlement would be “manifestly unfair” and might damage Britain’s worldwide reputation and discourage skilled workers from selecting the UK.
Recommendations on Income Thresholds and Faster Settlement
On income levels, the committee says plans relating faster settlement to levels of earnings need to be revisited. It proposes that such measures should be created with guidance from the Migration Advisory Committee rather than being directly related to tax thresholds. Other factors such as the contribution to fiscality, state budgets, regional inequalities in wages and other social contributions should also be taken into consideration.
They further urge that the dependants should be able to apply for settlement at the same time as the lead applicant, providing the income of the household is sufficient to prevent reliance on the state. Vulnerable populations include those on maternity leave, unpaid carers and persons with long-term diseases or impairments should also be exempt from minimum income criteria.
Permanent Status for Children and Young People
The study highlights youngsters in particular, saying that those who spend most of their upbringing in the UK should generally be granted permanent status by the time they turn 18. It also pushes for clearer avenues to settlement for children who arrive in the country later in life.
ESOL Support and Integration Measures
The committee advises increasing the supply of English language through a national strategy to improve access to English for Speakers of Other Languages (ESOL) courses for migrants on the way to settlement to facilitate integration.
Call for Lower Immigration Application Fees
The committee has also recommended that immigration application fees should be limited to at most 150 per cent of the administrative cost of processing applications, a proposal certain to be applauded by campaigners.
Concerns Over Migration Data and Home Office Operations
The research reveals a chronic shortage of credible migration data, which it argues impedes effective policymaking. It also demands for the urgent release of data from exit checks, better data exchange between government departments and the construction of a linked administrative data system similar to those used in Scandinavian nations.
The committee also calls for an independent examination of the Home Office’s operations, including workforce levels, administrative processes and IT systems.
UK Immigration System Described as a “Farrago” of Laws
Perhaps the most damning critique is directed at the complexity of the UK’s immigration regime. In unusually forthright language, the committee described the current system as a “farrago” of laws and legislation which is “anathema to good governance”.
The research argues that a system that confounds specialists in the area is undeniably fundamentally untenable, and that over-complexity is a factor in delays, spiralling costs, bad decision-making and miscarriages of justice.
Government Given Two Months to Respond
The Government has two months to reply to the findings of the committee. It remains to be seen if ministers would change course on their proposed Earned Citizenship amendments.
Conclusion
The House of Lords Justice and Home Affairs Committee has urged the Government to retain the current five-year route to Indefinite Leave to Remain and warned against extending settlement waiting periods. The committee also called for fairer rules, improved integration measures, better migration data and a simpler immigration system, while ministers now have two months to respond to the recommendations.