The real reason behind the increase in ILR qualifying period

[tvt]

I had an interesting conversation today with a leading immigration lawyer. I asked him to explain the real reason behind the recent change. According to him the real reason has nothing to do with the official reason - adopting European norms. The UK has persistently chosen to opt out of the European directive regarding the status of long term residents. This directive deals, inter-alia, with the requirements for acquiring permanent resident status in the EU. So in fact the UK has always replied ‘No thank you’ when it was asked to adopt EU norms in this context.

He has also opined that the motive is not financially (collecting more application fees) driven. The real reason is that the Home Office wants to “clean the desk” until it introduces the new point based immigration system. There will therefore be a one-year ‘cooling off’ period until April 2007, throughout which no economic based settlement applications will be considered.

Next year in April 2007 the point based system will already be in place; dealing with settlement applications will be renewed. However, these applications will now be considered against much stringent criteria than before 3/4/06. For all economic based migration routes, there will be no automatic right to settle in the UK. As a result, not all work permit / HSMP based ILR applications will be approved - only the ones that will bring an enduring benefit to the UK. To qualify, applicants will also have to pass English language tests and a softer version of Life in the UK test.

[Kayalami]

Likewise my contacts in the field point to the impending introduction of a fingerprinting regime for immigration applications at around the 3rd quarter of 2007. IMHO it defies belief why this has not been historically in place for ILR and naturalisation applications. The ILR change timeline also ties in with the ID bills and the pending Immigration Act which will make the '4-5' yr increase small change - the new Act removes the right of appeal for more or less all visa categories (overseas) with limited exceptions in family (ILR/BC dependents) settlement applications, re-introduces the bond scheme and radically overhauls several employment categories which will be run by the Visa Offices.

[abcd1]

So it seems basically ILR is no longer just 1 more year!
Some more surprises are coming......

[Aleksas]

So, in short...

The UK is trying to reduce the number of people comming to its shores...?

[Aleksas]

btw how are family visas etc effected by this -- or arent they at all? (fiancee, spouse, child, sick grandmother ... etc)

[supertiger]

It apparently indicates that if we miss the current arguing opportunity we may miss it permanently... how's the legal action going? Meanwhile the online petition should continue, as still many may yet know I suppose. HO mentioned that no impact assessment is prepared for the change due to no impact... at least this could be one of the evidences...

[yodiyokun]

But wont all this clamp down have a serious negative effect on legal immigration. IMHO, it will increase atsronomically illegal immigrants, will the UK benefit from all this in the long run?

[John]

btw how are family visas etc effected by this -- or arent they at all? (fiancee, spouse, child, sick grandmother ... etc)

Not affected at all. Totally unchanged.

[Aleksas]

Isnt britain already the most leniant when it comes to immigration in the EU.

I know from living in France and Germany that it is extremely difficult to get even a household servant into either of those countries. Worst, being Germany.

So maybe the UK is 'really' trying to get into line with the rest of europe? (even though it is said that the number of immigrants to the UK keeps its economy strong, making this economic suicide?)

[supertiger]

With the EU fast expansion UK can get supply from those countries and it has to accommodate these people first so it won;t cause suicide immediately but it will damage its global position (if applicable). UK could never really take benefits from America, nor from the continent Europe, now losing the international intelligent workforce and their trust. It may fasten it to an isolated island economy... the geo-political factors have to be taken into account...