Shabana Mahmood says new rules will affect those who arrived between 2022 and 2024 after telling The Times they will take effect this autumn
The Home Secretary reaffirmed last week that the Government intends to introduce retrospective changes to the rules on indefinite leave to remain (ILR), as part of wider reforms to what ministers describe as an "earned settlement" system.
Speaking in a major speech on immigration at the Institute for Public Policy Research (IPPR) on the same day that new changes to the Immigration Rules were laid before Parliament, Shabana Mahmood said settlement in the UK should be "earned and not automatic".
The Home Secretary said it was "entirely consistent with Labour values" to address the impending settlement of large numbers of "low-skilled workers and their dependants" who arrived between 2022 and 2024. She indicated that any rule changes would apply to those already in the UK who have not yet secured settled status.
In last week's statement of changes to the Immigration Rules, an increase in the English language requirement for settlement was introduced, which will come into force in spring 2027. The Times reported on Sunday, 1 March, that Mahmood said the broader earned settlement changes would be introduced in the autumn.
The Times article stated: "In an interview with The Times, Mahmood made clear that she would press ahead with the plans on indefinite leave to remain and confirmed that the changes would apply retrospectively to those already in the UK. She will change the law in the autumn and said the changes were vital because of the 'historically large numbers' that arrived since 2021."
The changes would see the standard qualifying period for settlement increase from five years to ten, alongside new conditions such as a clean criminal record, no debt to the taxpayer, and a history of work and tax contributions.
As the Home Secretary noted in her speech at the IPPR, the Government is currently reviewing the responses to its consultation on the earned settlement proposals. The Home Office said last week that it had received more than 200,000 responses to the consultation, which closed in February.
The reforms have already prompted concern among Labour backbenchers. According to Bloomberg, more than 100 Labour MPs wrote privately to the Home Secretary last week to express concern about the Government's immigration policies. The letter criticises both the retrospective application of the earned settlement changes and the measures introduced last week affecting refugees, including a longer route to ILR and regular reviews of refugee status.
According to the Guardian, the letter was organised by former barrister Tony Vaughan MP. Vaughan was quoted as saying: "We can change our immigration system for the better without forgetting who we are as a Labour party. You don't win back public confidence in the asylum system by threatening to forcibly remove refugees who have lived here lawfully for 15 or 20 years. That just breeds insecurity and fractured communities."
The section on the earned settlement from the Home Secretary's speech at the IPPR is excerpted and reproduced below:
For those who come to this country who can contribute to our national life, I am clear: they should have a path to settlement and ultimately citizenship. I want people to put down roots in this country and to contribute to our national life, but it is essential that the privilege of living in this country forever is earned and not automatic.
We are currently reviewing the responses to our consultation on the new rules around settlement. But let me be clear about the principles we put into that consultation. First, the qualifying period for settlement should move, as a norm, from five years to ten. Secondly, there will be certain conditions that must be met in order to qualify: a clean criminal record, no debt to the taxpayer, a history of being in work and paying taxes, and higher standards of English language.
In this week's rule changes, we made the first of these changes. A year from now, those who arrived on a visa, now seeking settlement in this country, will need to speak English as a foreign language to A-Level standard. I should also state, for the record, that we are talking about English as a foreign language – a working knowledge of Shakespeare and Chaucer is very welcome, but will not be a condition of settling in this country. Command of the English language itself, however, will be.
Our intention, subject to consultation, is that the point at which settlement is possible will now vary. We have proposed that some will earn settlement at or earlier than 5 years, including public servants, like doctors and nurses, and those who are contributing the most to the nation's finances. Others will have to wait longer before they can apply for settlement
It is entirely consistent with Labour values that we address the challenge posed by the impending settlement of the hundreds of thousands of low-skilled workers and their dependants who arrived between 2022 and 2024. That means applying any rule changes to those who are in the UK today but have not yet received settled status.
If we do not, we will see a £10 billion pound drain on our public finances and further strain on public services – like housing and healthcare – already under immense pressure. That is an affront to the idea of fairness within our society. It is an affront to every family currently waiting for social housing. To those who have already spent too long on an NHS waiting list. And to British taxpayers, who will inevitably foot the bill.