- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator
I haven't got the ear of the Home Secretary so I can't be certain, but I doubt it will take that long.12 May 2025 White paper laid before Parliament; first-reading statement by Home Secretary.
Summer 2025 Draft Immigration Reform Bill and secondary legislation published for consultation.
April 2026 Main visa-rule changes and settlement clock switch take legal effect.
Very nice breakdown, some good observations there.secret.simon wrote: ↑Mon May 12, 2025 10:14 pmAnother (locked) thread on the same topic that has the links and quotes from the White Paper.
White Paper: Restoring Control over the Immigration System
Quick observations
(a) At this point, this is just a White Paper, a government discussion paper laying out its proposed policies, but not yet law or rules.
(b) At this point, it only impacts immigration routes. Actual changes to naturalisation procedures would require primary legislation (Act of Parliament), which is quite time consuming. What the government can do is increase the amount of time it takes to get to ILR (which is a part of immigration law), because it is required to get ILR before applying for naturalisation. So effectively naturalisation is delayed without changing nationality law.
(c) This does not affect people under Appendix EU, who are protected by the Withdrawal Agreement.
(d) It will most likely not affect people already in the UK on a visa before the changes are enacted. There is a court judgement from the 2000s that people already in the UK on a visa continue to follow the pathway of that visa till completion. Keep in mind that if determined enough, the government can force this through an Act of Parliament, which can override court judgments. That is unlikely, as it is quite time-consuming (about a year).
The changes will likely be enacted as a change to the Immigration Rules, which can be done quite quickly by a Minister and normally requires only a 28 day period of notice to Parliament (as a rule, it is very rare for Parliament to vote against a government measure of this sort. The numbers of Statutory Instruments rejected by Parliament since WWII is in single digits).
It will affect those people already in the UK who change (whether by choice or by unexpected events such as their company shutting down, etc) their immigration pathway, because they will have changed the pathway to ILR to one under the new rules..
(e) In the other thread, user @glas195 has listed a specific timeline of events which I am not very sure of.I haven't got the ear of the Home Secretary so I can't be certain, but I doubt it will take that long.12 May 2025 White paper laid before Parliament; first-reading statement by Home Secretary.
Summer 2025 Draft Immigration Reform Bill and secondary legislation published for consultation.
April 2026 Main visa-rule changes and settlement clock switch take legal effect.
For a start, White Papers don't have First Readings, Bills do.
Secondly, the government may not bother with a Draft Bill (that is essentially what a White Paper is) and go straight in for an actual Bill.
Thirdly, secondary legislation does not require consultation. That is what the White Paper is; consultation. They are very unlikely to follow up a White Paper consultation with further consultation.
I suspect that the government is already working with its lawyers to draft the suggestions into law and I would expect any changes to the Immigration Rules (i.e. anything upto and including ILR) to be brought in either before Parliament rises for the summer recess (mid to late July) or just before the party conference season (September to October) for maximal press coverage.
Again note that the above is my hypothesis/guesswork.
EDIT: Turns out there is already a Border Security, Asylum and Immigration Bill going through Parliament. It has just completed its stages in the Commons today and will go to the Lords now.
So, if the government needs to amend or create primary legislation for its immigration proposals, it can just add the amendments in the Lords (or in the Commons during any future ping-pong) and the proposals will become law without introducing a new Act of Parliament.
I would expect the proposals outlined in the White Paper to be law at the latest by the end of this year, but quite likely much before then.
secret.simon wrote: ↑Mon May 12, 2025 10:14 pmAnother (locked) thread on the same topic that has the links and quotes from the White Paper.
White Paper: Restoring Control over the Immigration System
Quick observations
(a) At this point, this is just a White Paper, a government discussion paper laying out its proposed policies, but not yet law or rules.
(b) At this point, it only impacts immigration routes. Actual changes to naturalisation procedures would require primary legislation (Act of Parliament), which is quite time consuming. What the government can do is increase the amount of time it takes to get to ILR (which is a part of immigration law), because it is required to get ILR before applying for naturalisation. So effectively naturalisation is delayed without changing nationality law.
(c) This does not affect people under Appendix EU, who are protected by the Withdrawal Agreement.
(d) It will most likely not affect people already in the UK on a visa before the changes are enacted. There is a court judgement from the 2000s that people already in the UK on a visa continue to follow the pathway of that visa till completion. Keep in mind that if determined enough, the government can force this through an Act of Parliament, which can override court judgments. That is unlikely, as it is quite time-consuming (about a year).
The changes will likely be enacted as a change to the Immigration Rules, which can be done quite quickly by a Minister and normally requires only a 28 day period of notice to Parliament (as a rule, it is very rare for Parliament to vote against a government measure of this sort. The numbers of Statutory Instruments rejected by Parliament since WWII is in single digits).
It will affect those people already in the UK who change (whether by choice or by unexpected events such as their company shutting down, etc) their immigration pathway, because they will have changed the pathway to ILR to one under the new rules..
(e) In the other thread, user @glas195 has listed a specific timeline of events which I am not very sure of.I haven't got the ear of the Home Secretary so I can't be certain, but I doubt it will take that long.12 May 2025 White paper laid before Parliament; first-reading statement by Home Secretary.
Summer 2025 Draft Immigration Reform Bill and secondary legislation published for consultation.
April 2026 Main visa-rule changes and settlement clock switch take legal effect.
For a start, White Papers don't have First Readings, Bills do.
Secondly, the government may not bother with a Draft Bill (that is essentially what a White Paper is) and go straight in for an actual Bill.
Thirdly, secondary legislation does not require consultation. That is what the White Paper is; consultation. They are very unlikely to follow up a White Paper consultation with further consultation.
I suspect that the government is already working with its lawyers to draft the suggestions into law and I would expect any changes to the Immigration Rules (i.e. anything upto and including ILR) to be brought in either before Parliament rises for the summer recess (mid to late July) or just before the party conference season (September to October) for maximal press coverage.
Again note that the above is my hypothesis/guesswork.
EDIT: Turns out there is already a Border Security, Asylum and Immigration Bill going through Parliament. It has just completed its stages in the Commons today and will go to the Lords now.
So, if the government needs to amend or create primary legislation for its immigration proposals, it can just add the amendments in the Lords (or in the Commons during any future ping-pong) and the proposals will become law without introducing a new Act of Parliament.
I would expect the proposals outlined in the White Paper to be law at the latest by the end of this year, but quite likely much before then.
Just to clarify that Yvette hasn’t explicitly confirmed that the ILR changes will be via a Bill but only strong evidence towards.anhkiet1903 wrote: ↑Tue May 13, 2025 10:17 amsecret.simon wrote: ↑Mon May 12, 2025 10:14 pmAnother (locked) thread on the same topic that has the links and quotes from the White Paper.
White Paper: Restoring Control over the Immigration System
Quick observations
(a) At this point, this is just a White Paper, a government discussion paper laying out its proposed policies, but not yet law or rules.
(b) At this point, it only impacts immigration routes. Actual changes to naturalisation procedures would require primary legislation (Act of Parliament), which is quite time consuming. What the government can do is increase the amount of time it takes to get to ILR (which is a part of immigration law), because it is required to get ILR before applying for naturalisation. So effectively naturalisation is delayed without changing nationality law.
(c) This does not affect people under Appendix EU, who are protected by the Withdrawal Agreement.
(d) It will most likely not affect people already in the UK on a visa before the changes are enacted. There is a court judgement from the 2000s that people already in the UK on a visa continue to follow the pathway of that visa till completion. Keep in mind that if determined enough, the government can force this through an Act of Parliament, which can override court judgments. That is unlikely, as it is quite time-consuming (about a year).
The changes will likely be enacted as a change to the Immigration Rules, which can be done quite quickly by a Minister and normally requires only a 28 day period of notice to Parliament (as a rule, it is very rare for Parliament to vote against a government measure of this sort. The numbers of Statutory Instruments rejected by Parliament since WWII is in single digits).
It will affect those people already in the UK who change (whether by choice or by unexpected events such as their company shutting down, etc) their immigration pathway, because they will have changed the pathway to ILR to one under the new rules..
(e) In the other thread, user @glas195 has listed a specific timeline of events which I am not very sure of.I haven't got the ear of the Home Secretary so I can't be certain, but I doubt it will take that long.12 May 2025 White paper laid before Parliament; first-reading statement by Home Secretary.
Summer 2025 Draft Immigration Reform Bill and secondary legislation published for consultation.
April 2026 Main visa-rule changes and settlement clock switch take legal effect.
For a start, White Papers don't have First Readings, Bills do.
Secondly, the government may not bother with a Draft Bill (that is essentially what a White Paper is) and go straight in for an actual Bill.
Thirdly, secondary legislation does not require consultation. That is what the White Paper is; consultation. They are very unlikely to follow up a White Paper consultation with further consultation.
I suspect that the government is already working with its lawyers to draft the suggestions into law and I would expect any changes to the Immigration Rules (i.e. anything upto and including ILR) to be brought in either before Parliament rises for the summer recess (mid to late July) or just before the party conference season (September to October) for maximal press coverage.
Again note that the above is my hypothesis/guesswork.
EDIT: Turns out there is already a Border Security, Asylum and Immigration Bill going through Parliament. It has just completed its stages in the Commons today and will go to the Lords now.
So, if the government needs to amend or create primary legislation for its immigration proposals, it can just add the amendments in the Lords (or in the Commons during any future ping-pong) and the proposals will become law without introducing a new Act of Parliament.
I would expect the proposals outlined in the White Paper to be law at the latest by the end of this year, but quite likely much before then.
Thanks for the analysis!
But I do think you have missed out quite a few things Yvette Cooper has said about how are they looking to implement this.
Firstly, Yvette has confirmed that the changes to ILR will be passed in its own Bill whereas other changes such as salary threshold will be implemented more swiftly so I assume via Statuory Instrument. It is also worth noting her foreword to the White Paper:
"Later this Summer, we will set out further reforms to the asylum system and to border security in response to irregular and illegal migration, including plans for new legislation building on the new measures already set out in the Border Security, Asylum and Immigration Bill that is currently passing through Parliament."
She drew a distinction between this and the white paper which addresses legal migration. So I don’t think they are looking to add amendments to the Bill that is currently going through Parliament (relating to illegal migration) for the changes outlined in the White Paper and they will draft another Bill specifically for legal migration.
Secondly, Yvette has confirmed a few times now that the proposed changes to the ILR qualifying time will be opened to further consultation. BBC also confirms this:
"It is not yet clear when this longer qualifying period will kick in - details of the new system, along with a similar scheme that will apply to applications for citizenship, will be consulted on later this year."
This further confirms that they will go about enacting the core changes (such as ILR) via a Bill and that the White Paper is not the only consultation. Therefore, any chance that the core changes will be implemented this summer is nil, earliest I can see is end of this year but BBC was told that the likely timeline is early 2026.
So yes, small changes such as salary threshold can be implemented this year vis Statuory Instruments but the big changes such as increasing ILR time and implementing the "earned-based" settlement system will not be implemented this year as that will go through the Primary Legislation route (and will be in its own Act) and that there will be further consultation later this year regarding it so no chance it will be implemented latest end this year or much earlier as you suggested.
Please do let me know if you want to see any sources etc.
Hey you reckon the upgraded language settlement requirement (B1 to B2) will be in place by Oct 2025? One of my mates will be applying for SET (LR) and wants to know whether to take B1 or B2.secret.simon wrote: ↑Mon May 12, 2025 10:14 pmAnother (locked) thread on the same topic that has the links and quotes from the White Paper.
White Paper: Restoring Control over the Immigration System
Quick observations
(a) At this point, this is just a White Paper, a government discussion paper laying out its proposed policies, but not yet law or rules.
(b) At this point, it only impacts immigration routes. Actual changes to naturalisation procedures would require primary legislation (Act of Parliament), which is quite time consuming. What the government can do is increase the amount of time it takes to get to ILR (which is a part of immigration law), because it is required to get ILR before applying for naturalisation. So effectively naturalisation is delayed without changing nationality law.
(c) This does not affect people under Appendix EU, who are protected by the Withdrawal Agreement.
(d) It will most likely not affect people already in the UK on a visa before the changes are enacted. There is a court judgement from the 2000s that people already in the UK on a visa continue to follow the pathway of that visa till completion. Keep in mind that if determined enough, the government can force this through an Act of Parliament, which can override court judgments. That is unlikely, as it is quite time-consuming (about a year).
The changes will likely be enacted as a change to the Immigration Rules, which can be done quite quickly by a Minister and normally requires only a 28 day period of notice to Parliament (as a rule, it is very rare for Parliament to vote against a government measure of this sort. The numbers of Statutory Instruments rejected by Parliament since WWII is in single digits).
It will affect those people already in the UK who change (whether by choice or by unexpected events such as their company shutting down, etc) their immigration pathway, because they will have changed the pathway to ILR to one under the new rules..
(e) In the other thread, user @glas195 has listed a specific timeline of events which I am not very sure of.I haven't got the ear of the Home Secretary so I can't be certain, but I doubt it will take that long.12 May 2025 White paper laid before Parliament; first-reading statement by Home Secretary.
Summer 2025 Draft Immigration Reform Bill and secondary legislation published for consultation.
April 2026 Main visa-rule changes and settlement clock switch take legal effect.
For a start, White Papers don't have First Readings, Bills do.
Secondly, the government may not bother with a Draft Bill (that is essentially what a White Paper is) and go straight in for an actual Bill.
Thirdly, secondary legislation does not require consultation. That is what the White Paper is; consultation. They are very unlikely to follow up a White Paper consultation with further consultation.
I suspect that the government is already working with its lawyers to draft the suggestions into law and I would expect any changes to the Immigration Rules (i.e. anything upto and including ILR) to be brought in either before Parliament rises for the summer recess (mid to late July) or just before the party conference season (September to October) for maximal press coverage.
Again note that the above is my hypothesis/guesswork.
EDIT: Turns out there is already a Border Security, Asylum and Immigration Bill going through Parliament. It has just completed its stages in the Commons today and will go to the Lords now.
So, if the government needs to amend or create primary legislation for its immigration proposals, it can just add the amendments in the Lords (or in the Commons during any future ping-pong) and the proposals will become law without introducing a new Act of Parliament.
I would expect the proposals outlined in the White Paper to be law at the latest by the end of this year, but quite likely much before then.
anhkiet1903 wrote: ↑Tue May 13, 2025 10:17 amsecret.simon wrote: ↑Mon May 12, 2025 10:14 pmAnother (locked) thread on the same topic that has the links and quotes from the White Paper.
White Paper: Restoring Control over the Immigration System
Quick observations
(a) At this point, this is just a White Paper, a government discussion paper laying out its proposed policies, but not yet law or rules.
(b) At this point, it only impacts immigration routes. Actual changes to naturalisation procedures would require primary legislation (Act of Parliament), which is quite time consuming. What the government can do is increase the amount of time it takes to get to ILR (which is a part of immigration law), because it is required to get ILR before applying for naturalisation. So effectively naturalisation is delayed without changing nationality law.
(c) This does not affect people under Appendix EU, who are protected by the Withdrawal Agreement.
(d) It will most likely not affect people already in the UK on a visa before the changes are enacted. There is a court judgement from the 2000s that people already in the UK on a visa continue to follow the pathway of that visa till completion. Keep in mind that if determined enough, the government can force this through an Act of Parliament, which can override court judgments. That is unlikely, as it is quite time-consuming (about a year).
The changes will likely be enacted as a change to the Immigration Rules, which can be done quite quickly by a Minister and normally requires only a 28 day period of notice to Parliament (as a rule, it is very rare for Parliament to vote against a government measure of this sort. The numbers of Statutory Instruments rejected by Parliament since WWII is in single digits).
It will affect those people already in the UK who change (whether by choice or by unexpected events such as their company shutting down, etc) their immigration pathway, because they will have changed the pathway to ILR to one under the new rules..
(e) In the other thread, user @glas195 has listed a specific timeline of events which I am not very sure of.I haven't got the ear of the Home Secretary so I can't be certain, but I doubt it will take that long.12 May 2025 White paper laid before Parliament; first-reading statement by Home Secretary.
Summer 2025 Draft Immigration Reform Bill and secondary legislation published for consultation.
April 2026 Main visa-rule changes and settlement clock switch take legal effect.
For a start, White Papers don't have First Readings, Bills do.
Secondly, the government may not bother with a Draft Bill (that is essentially what a White Paper is) and go straight in for an actual Bill.
Thirdly, secondary legislation does not require consultation. That is what the White Paper is; consultation. They are very unlikely to follow up a White Paper consultation with further consultation.
I suspect that the government is already working with its lawyers to draft the suggestions into law and I would expect any changes to the Immigration Rules (i.e. anything upto and including ILR) to be brought in either before Parliament rises for the summer recess (mid to late July) or just before the party conference season (September to October) for maximal press coverage.
Again note that the above is my hypothesis/guesswork.
EDIT: Turns out there is already a Border Security, Asylum and Immigration Bill going through Parliament. It has just completed its stages in the Commons today and will go to the Lords now.
So, if the government needs to amend or create primary legislation for its immigration proposals, it can just add the amendments in the Lords (or in the Commons during any future ping-pong) and the proposals will become law without introducing a new Act of Parliament.
I would expect the proposals outlined in the White Paper to be law at the latest by the end of this year, but quite likely much before then.
Thanks for the analysis!
But I do think you have missed out quite a few things Yvette Cooper has said about how are they looking to implement this.
Firstly, Yvette has confirmed that the changes to ILR will be passed in its own Bill whereas other changes such as salary threshold will be implemented more swiftly so I assume via Statuory Instrument. It is also worth noting her foreword to the White Paper:
"Later this Summer, we will set out further reforms to the asylum system and to border security in response to irregular and illegal migration, including plans for new legislation building on the new measures already set out in the Border Security, Asylum and Immigration Bill that is currently passing through Parliament."
She drew a distinction between this and the white paper which addresses legal migration. So I don’t think they are looking to add amendments to the Bill that is currently going through Parliament (relating to illegal migration) for the changes outlined in the White Paper and they will draft another Bill specifically for legal migration.
Secondly, Yvette has confirmed a few times now that the proposed changes to the ILR qualifying time will be opened to further consultation. BBC also confirms this:
"It is not yet clear when this longer qualifying period will kick in - details of the new system, along with a similar scheme that will apply to applications for citizenship, will be consulted on later this year."
This further confirms that they will go about enacting the core changes (such as ILR) via a Bill and that the White Paper is not the only consultation. Therefore, any chance that the core changes will be implemented this summer is nil, earliest I can see is end of this year but BBC was told that the likely timeline is early 2026.
So yes, small changes such as salary threshold can be implemented this year vis Statuory Instruments but the big changes such as increasing ILR time and implementing the "earned-based" settlement system will not be implemented this year as that will go through the Primary Legislation route (and will be in its own Act) and that there will be further consultation later this year regarding it so no chance it will be implemented latest end this year or much earlier as you suggested.
Please do let me know if you want to see any sources etc.
Than you for your analysis, @anhkiet1903. I had not watched or hear the Home Secretary's interview and hence did not have the details to fill in the gaps.anhkiet1903 wrote: ↑Tue May 13, 2025 10:17 amSecondly, Yvette has confirmed a few times now that the proposed changes to the ILR qualifying time will be opened to further consultation. BBC also confirms this:
"It is not yet clear when this longer qualifying period will kick in - details of the new system, along with a similar scheme that will apply to applications for citizenship, will be consulted on later this year."
This further confirms that they will go about enacting the core changes (such as ILR) via a Bill and that the White Paper is not the only consultation. Therefore, any chance that the core changes will be implemented this summer is nil, earliest I can see is end of this year but BBC was told that the likely timeline is early 2026.
So yes, small changes such as salary threshold can be implemented this year vis Statuory Instruments but the big changes such as increasing ILR time and implementing the "earned-based" settlement system will not be implemented this year as that will go through the Primary Legislation route (and will be in its own Act) and that there will be further consultation later this year regarding it so no chance it will be implemented latest end this year or much earlier as you suggested.
Please do let me know if you want to see any sources etc.
What they can do is that they can, by statutory instrument, pause/refuse to accept any ILR applications until after the consultation and in the meanwhile, treat any ILR application as an application for FLR.academic711 wrote: ↑Tue May 13, 2025 11:58 amThe white paper explicitly state that discussion about the earned-residency scheme will be put before parliament by the end of this year. Unless we have this scheme outlined, ILR rule cannot change- unless we believe that they will initially do it universally for everyone and then few months down the line they will discuss how to amend it so that people can reduce their time based on their "contributions".
So I personally think ILR changes are very unlikely to be implemented this year.
In an ideal world, I'd have loved to pick your brains on the wage compression caused by the legal minimum wage going up while the rest of the wage market has remained static to barely moving at the rate of inflation. But that is not a topic for this site.academic711 wrote: ↑Tue May 13, 2025 11:58 amI teach economics and this is precisely what I teach. A very stringent implementation of this policy will skyrocket the wages here.
Hmm not the kind of news I want to hear, given my wifes ILR is/was set for next year. However, from the white paper, it sounded like the 5 year route would remain for family visas, is my interpretion correct?secret.simon wrote: ↑Wed May 14, 2025 1:10 pmThan you for your analysis, @anhkiet1903. I had not watched or hear the Home Secretary's interview and hence did not have the details to fill in the gaps.anhkiet1903 wrote: ↑Tue May 13, 2025 10:17 amSecondly, Yvette has confirmed a few times now that the proposed changes to the ILR qualifying time will be opened to further consultation. BBC also confirms this:
"It is not yet clear when this longer qualifying period will kick in - details of the new system, along with a similar scheme that will apply to applications for citizenship, will be consulted on later this year."
This further confirms that they will go about enacting the core changes (such as ILR) via a Bill and that the White Paper is not the only consultation. Therefore, any chance that the core changes will be implemented this summer is nil, earliest I can see is end of this year but BBC was told that the likely timeline is early 2026.
So yes, small changes such as salary threshold can be implemented this year vis Statuory Instruments but the big changes such as increasing ILR time and implementing the "earned-based" settlement system will not be implemented this year as that will go through the Primary Legislation route (and will be in its own Act) and that there will be further consultation later this year regarding it so no chance it will be implemented latest end this year or much earlier as you suggested.
Please do let me know if you want to see any sources etc.
That got me thinking as to why the government would want to implement changes to ILR requirements via an Act of Parliament/primary legislation, when it could implement the same through secondary legislation (ILR is a part of the Immigration Rules and could be amended by secondary legislation).
I came to two conclusions,
(a) She was referring to amending the rules for naturalisation, not ILR and was confusing the two. Changing the rules for naturalisation would require primary legislation, AND/OR,
(b) She was looking at making the rule changes for ILR bullet-proof in court. There is already a court judgment stating that the Immigration Rules (which are secondary legislation) can't be changed for people already in the UK on a particular visa pathway. An Act of Parliament is supreme and can overturn a court judgment. Therefore my logical conclusion was that the rule change for ILR will in fact apply to people already in the UK as it will be enacted by Act of Parliament.
And it seems that the latter may be the case. The BBC's chief political reporter has confirmed that on Twitter/X, posting that "The government's new rules making migrants wait 10 years instead of 5 to qualify for permanent settlement in the UK are set to apply to people already in the country, subject to consultation".
So it seems that the government is likely to go through with an Act of Parliament to set aside the court judgment and apply the change of ILR requirements even to people already in the UK.
As for your last sentence, more sources are always welcome. I tend to prefer matter to read rather than to listen to or watch, so if the sources are transcribed, it would be greatly appreciated.
What they can do is that they can, by statutory instrument, pause/refuse to accept any ILR applications until after the consultation and in the meanwhile, treat any ILR application as an application for FLR.academic711 wrote: ↑Tue May 13, 2025 11:58 amThe white paper explicitly state that discussion about the earned-residency scheme will be put before parliament by the end of this year. Unless we have this scheme outlined, ILR rule cannot change- unless we believe that they will initially do it universally for everyone and then few months down the line they will discuss how to amend it so that people can reduce their time based on their "contributions".
So I personally think ILR changes are very unlikely to be implemented this year.
In an ideal world, I'd have loved to pick your brains on the wage compression caused by the legal minimum wage going up while the rest of the wage market has remained static to barely moving at the rate of inflation. But that is not a topic for this site.academic711 wrote: ↑Tue May 13, 2025 11:58 amI teach economics and this is precisely what I teach. A very stringent implementation of this policy will skyrocket the wages here.
@londonpz and @Mem2025, to quote the great philosopher Donald Rumsfeld, your questions are a known unknown. We know that we do not know the answers to those questions. We'll have to await further updates from the government as this is a situation in flux.
EDIT: The Guardian: 1.5m foreign workers already in UK could face longer wait for permanent settlement
Looks like the government is very strong in bringing the rule ASAP. But how soon is my question. My partner is due for ILR middle of October 2025 via SWV dependant route, but I have British citizenship via SWV route. Not sure SWV dependants of British citizens would come under 10 years route too for ILR. Some please throw some light on this.secret.simon wrote: ↑Wed May 14, 2025 1:10 pmThan you for your analysis, @anhkiet1903. I had not watched or hear the Home Secretary's interview and hence did not have the details to fill in the gaps.anhkiet1903 wrote: ↑Tue May 13, 2025 10:17 amSecondly, Yvette has confirmed a few times now that the proposed changes to the ILR qualifying time will be opened to further consultation. BBC also confirms this:
"It is not yet clear when this longer qualifying period will kick in - details of the new system, along with a similar scheme that will apply to applications for citizenship, will be consulted on later this year."
This further confirms that they will go about enacting the core changes (such as ILR) via a Bill and that the White Paper is not the only consultation. Therefore, any chance that the core changes will be implemented this summer is nil, earliest I can see is end of this year but BBC was told that the likely timeline is early 2026.
So yes, small changes such as salary threshold can be implemented this year vis Statuory Instruments but the big changes such as increasing ILR time and implementing the "earned-based" settlement system will not be implemented this year as that will go through the Primary Legislation route (and will be in its own Act) and that there will be further consultation later this year regarding it so no chance it will be implemented latest end this year or much earlier as you suggested.
Please do let me know if you want to see any sources etc.
That got me thinking as to why the government would want to implement changes to ILR requirements via an Act of Parliament/primary legislation, when it could implement the same through secondary legislation (ILR is a part of the Immigration Rules and could be amended by secondary legislation).
I came to two conclusions,
(a) She was referring to amending the rules for naturalisation, not ILR and was confusing the two. Changing the rules for naturalisation would require primary legislation, AND/OR,
(b) She was looking at making the rule changes for ILR bullet-proof in court. There is already a court judgment stating that the Immigration Rules (which are secondary legislation) can't be changed for people already in the UK on a particular visa pathway. An Act of Parliament is supreme and can overturn a court judgment. Therefore my logical conclusion was that the rule change for ILR will in fact apply to people already in the UK as it will be enacted by Act of Parliament.
And it seems that the latter may be the case. The BBC's chief political reporter has confirmed that on Twitter/X, posting that "The government's new rules making migrants wait 10 years instead of 5 to qualify for permanent settlement in the UK are set to apply to people already in the country, subject to consultation".
So it seems that the government is likely to go through with an Act of Parliament to set aside the court judgment and apply the change of ILR requirements even to people already in the UK.
As for your last sentence, more sources are always welcome. I tend to prefer matter to read rather than to listen to or watch, so if the sources are transcribed, it would be greatly appreciated.
What they can do is that they can, by statutory instrument, pause/refuse to accept any ILR applications until after the consultation and in the meanwhile, treat any ILR application as an application for FLR.academic711 wrote: ↑Tue May 13, 2025 11:58 amThe white paper explicitly state that discussion about the earned-residency scheme will be put before parliament by the end of this year. Unless we have this scheme outlined, ILR rule cannot change- unless we believe that they will initially do it universally for everyone and then few months down the line they will discuss how to amend it so that people can reduce their time based on their "contributions".
So I personally think ILR changes are very unlikely to be implemented this year.
In an ideal world, I'd have loved to pick your brains on the wage compression caused by the legal minimum wage going up while the rest of the wage market has remained static to barely moving at the rate of inflation. But that is not a topic for this site.academic711 wrote: ↑Tue May 13, 2025 11:58 amI teach economics and this is precisely what I teach. A very stringent implementation of this policy will skyrocket the wages here.
@londonpz and @Mem2025, to quote the great philosopher Donald Rumsfeld, your questions are a known unknown. We know that we do not know the answers to those questions. We'll have to await further updates from the government as this is a situation in flux.
EDIT: The Guardian: 1.5m foreign workers already in UK could face longer wait for permanent settlement
kpmsc wrote: ↑Thu May 15, 2025 12:23 pmLooks like the government is very strong in bringing the rule ASAP. But how soon is my question. My partner is due for ILR middle of October 2025 via SWV dependant route, but I have British citizenship via SWV route. Not sure SWV dependants of British citizens would come under 10 years route too for ILR. Some please throw some light on this.
secret.simon wrote: ↑Wed May 14, 2025 1:10 pmto quote the great philosopher Donald Rumsfeld, your questions are a known unknown. We know that we do not know the answers to those questions. We'll have to await further updates from the government as this is a situation in flux.
Quite likely, but we simply do not know. This is a consultation and we do not know how this would develop.