‘Boriswave’ Brexit migrants forced to wait up to 20 years to become UK resident

The Home Secretary has unveiled new rules for who is eligible to settle in the UK, which could see some people having to wait for up to 20 years.

The government announced a shake-up of the migration system designed to limit who can settle in the country legally.

Shabana Mahmood, the Home Secretary, announced the winners and losers of the proposed system, which would be rolled out from the spring following a consultation.

The time limit for settlement will be doubled to 10 years instead of the current five-year period.

There will be reductions available for people who can demonstrate high level of English, are high earners in the top tier of tax, or public service workers like doctors, nurses, teachers and health care workers.

NHS doctors and nurses will be able to get settled status after five years, while high earners and some entrepreneurs would be eligible after just three years.

Around two million legal migrants who came to the UK as part of the so-called ‘Boris wave’ in 2021 on low-skilled visas must have stayed in the country for at least 10 years before they can apply for settled status.

People with an existing settled status, including the EU Settlement scheme and Windrush scheme, are unaffected, Mahmood confirmed.

Plans for new penalties

But the government also announced a spate of penalties for ‘exploitation’ of the system.

Those ‘Boris wave’ arrivals who have claimed benefits for more than 12 months will face an additional 10-year penalty, meaning they might have to wait for 20 years before being considered for settlement.

People who arrived illegally face a 30-year wait to settle under the proposed reforms.

If the proposal is approved, migrants could only apply for benefits and social housing if they first become British citizens. Currently, people who are granted settlement are eligible to apply for benefits.

She said: ‘We propose these changes apply to everyone in the country today who has not yet received indefinite leave to remain, though we are seeking views on whether there should be some transitional arrangements available.

‘May I make one thing absolutely clear though: we will not change the rules for those with settled status today. These are people who have been in our country for years, even decades. They have families here, wives, husbands, children.

‘They have worked in our hospitals, taught in our schools and have been contributing to our society for years. Fairness is the most fundamental of British values. We made a promise when we gave them settlement and we do not break our promises

‘These are subject to consultation, but the Government proposes that those who have received benefits for less than 12 months would not qualify for settlement until 15 years after arrival. For those who have claimed benefits for more than 12 months, that would rise to 20 years.

‘To encourage the use of legal routes into this country, those who arrive illegally could see settlement take up to 30 years, as has already been set out, refugees on poor protection will qualify for settlement after 20 years.

‘Those who move to a work and study visa could earn settlement earlier and those arriving by a safe and legal route would earn settlement at 10 years.’

Today’s announcement comes after the government unveiled plans to overhaul the response to illegal immigration.

Under the new system, people who arrived in the UK through illegal routes could be denied accommodation and support.

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