To Deter Migration, U.K. Government Proposes New Rules for Settlement

Context:

• The U.K. government, under Home Secretary Shabana Mahmood, has proposed a major overhaul of its settlement (Indefinite Leave to Remain – ILR) rules to discourage long-term migration.

• Described as the “biggest shake-up” in decades, the proposals could significantly extend residency timelines, with major implications for Indian migrants, the largest non-EU group in the U.K. since 2019.

Key Highlights:

Proposed Policy Changes

• Introduction of a tiered settlement timeline:

  • 3 years for high earners and entrepreneurs

  • 5 years for select skilled migrants

  • 10 years (default) for most applicants

• Health and social care visa holders (around 6.16 lakh between 2022–2024) may face a 15-year wait for ILR.

Eligibility Conditions

• Mandatory minimum income threshold of £12,750 per year.

• English language proficiency to be compulsory for all applicants.

• Adult dependents of economic migrants to have independent qualifying periods, not linked to the principal applicant’s earnings.

Consultation & Implementation

• Public consultation open until February 12.

• Government intends to apply rules retrospectively, with transitional arrangements yet to be finalised.

Shift in Migration Philosophy

• Labour government proposes a contribution-based ILR system, linking settlement to:

  • Income

  • Economic and social contribution

• Default qualifying period proposed to double from 5 to 10 years.

Relevant Prelims Points:

• Issue: Tightening of migration and settlement norms in the U.K.

• Affected Group: Indian migrants — largest non-EU long-term migrant group.

• Key Terms:

  • Indefinite Leave to Remain (ILR): Permanent residency status in the U.K.

  • Judicial Review: Court scrutiny of executive decisions

  • Legitimate Expectation: Fairness principle in administrative law

• Impact:

  • Longer settlement timelines

  • Increased uncertainty for migrant families

Relevant Mains Points:

• International Relations Dimension:

  • Direct implications for India–U.K. people-to-people ties.

  • May affect implementation spirit of the India–U.K. Comprehensive Strategic Partnership.

• Polity & Governance Aspect (U.K.):

  • Retrospective application raises concerns of procedural fairness.

  • Earlier settlement rule changes faced legal challenges on grounds of legitimate expectation.

• Economic & Social Impact:

  • Health and care sectors risk workforce instability.

  • Migrants face prolonged insecurity affecting integration and productivity.

• Indian Diaspora Concerns:

  • Extended wait periods may discourage skilled Indian professionals.

  • Impacts remittances, family reunification, and long-term mobility planning.

• Way Forward:

  • India should engage diplomatically to protect migrant interests.

  • Ensure clarity on transitional provisions to avoid legal uncertainty.

  • Strengthen domestic skill absorption to mitigate external migration shocks.

UPSC Relevance (GS-wise):

• GS 2: International Relations, Diaspora Issues, Migration Policy

• GS 2: Polity, Comparative Governance