Last month, the UK government published a white paper titled ‘Restoring control over the immigration system’, which set out a series of proposed changes to the UK immigration system.

It is important to note that none of these proposed changes have yet been implemented, nor any details provided of proposed changes to the UK immigration rules. It is not clear when and whether the proposed changes will come into force, and the UK government has said they will first be consulting with stakeholders on some of the changes. We will only be in a position to advise fully on the proposed changes in the white paper once the proposed changes to the Immigration Rules are published.

In the meantime, many of our clients are understandably concerned that it may take longer than expected, and be more difficult, to obtain indefinite leave to remain (also known as settlement).

The white paper proposes to reform the route to settlement– by increasing the standard settlement qualifying period from five to ten years and introducing an ‘earned settlement’ model to reflect the principle that settlement should be earned through the long-term contribution a person brings to the UK economy and society. It further proposes to increase the English language requirement for the majority of settlement routes from level B1 to level B2 competency.

While we do not yet know exactly who the proposed increases in time to settlement will apply to, the white paper does though confirm the intention to maintain the current timeframes for obtaining indefinite leave to remain in at least the following immigration routes:

Settlement for partners of British citizens

Provided they meet the standard eligibility criteria in full, partners of British citizens should still be able to apply for indefinite leave after five years’ lawful residence in the UK under the partner route.

Settlement for victims of domestic violence and abuse

The current pathways to indefinite leave to remain for victims of domestic violence and abuse will be maintained.

We are keeping abreast of any changes to the UK Immigration Rules and accompanying guidance, and can advise in full how they may impact you and your family once the government introduces them.

Should you want advice on your eligibility for indefinite leave to remain or need assistance with your indefinite leave application, you can get in contact with us on 020 7401 6887 or by email at contact@gryklaw.com to arrange a consultation with one of our team.