Home Secretary moving the goal posts for
people who are already on the pathway to earned settlement is
unjust, warns the Law Society of England and Wales.
Law Society vice president, Dana Denis-Smith OBE, said: The Home
Secretary's decision to change pathways to settlement
retrospectively undermines the legal certainty that individuals,
families and employers rely on. For those already on the path to
settlement, the government decision to change the rules which
people relied on when making important decisions about their
future is unjust.
We welcome the announcement that household income, rather than an
individual's income alone, will be considered when assessing
financial thresholds in the future. This prevents families from
facing different routes and timelines to settlement, therefore
and avoids inequitable consequences for the dependant partners
and children of the global talent the UK seeks to attract and
retain.
The government should always seek to introduce fair, predictable
and stable rules to govern settlement in our country.
Retrospective changes such as those announced today, risk
deterring overseas workers the UK economy needs. It also creates
substantial challenges for UK employers, who face heavy
administrative and financial burdens due to these new
rules.
Refugees are in a very different position and should be
considered separately. Extending the qualifying period from five
to 20 or even 30 years, for those that have no choice but to
enter through unsafe means, backtracks on promises the UK has
made under the Refugee Convention 1951 to help those seeking
protection to integrate and build a new life. This obligation
applies to all refugees, regardless of how they arrived.
Notes to editors
- See the earned settlement consultation. A copy
of the Law Society's full response is available on request to the
Press Office.
- See the UK government's response to the earned
settlement consultation.
- Settlement refers to a person's right to live in the UK
permanently without any immigration restrictions. Under UK
government's proposals, the time it takes to qualify for
settlement is being extended from a baseline of 5 years to now 10
years. And the government says migrants will need to earn' it by
demonstrating sustained good conduct, contribution and
integration.
