Nigel Farage’s controversial plan to abolish the right of migrants to qualify for permanent settlement should Reform UK gain power at the next election has been branded “outrageous” and a proposal that will make the UK “a less attractive destination for international talent”.
Under the plan, announced yesterday, the right of migrants to qualify for permanent settlement in the UK after five years would be abolished.
Migrants would need to reapply for new visas with tougher rules, and Reform UK would abolish the indefinite leave to remain (ILR), which gives people access to benefits.
Reform UK has also said it plans to bar anyone other than British citizens from accessing welfare, arguing its plans would save £234 billion over several decades.
Farage said at a press conference: “It is not for us to provide welfare for people coming in from all over the world.”
But his plans have been roundly criticised by immigration lawyers. Ashley Stothard, immigration lawyer at Freeths said: “Reform’s proposal to abolish Indefinite Leave to Remain (ILR) is outrageous. It undermines the rights of lawful migrants who have contributed to the UK socially, economically, and culturally.
“These individuals have built lives, families, and careers here, often over many years, and to suggest retrospectively removing their status is not only unjust, it is unworkable.”
Matthew Wills, partner at Laura Devine Immigration, said: “It has long been the UK’s stated policy intention to attract the ‘brightest and best’ global talent. Introducing an immigration system whereby it is no longer possible for migrants to secure any form of permanence will undoubtedly render the UK a less attractive destination for international talent and disincentivise individuals of this profile from investing in the UK.
“Further, the expense for employers seeking to recruit from an international workforce will be exorbitant given that sponsorship (and the corresponding costs) would seemingly be required on an indefinite basis, leading to a higher risk of exploitation,” he added.
Oliver O’Sullivan, director of immigration at Migrate UK, said: “This potentially means stripping permanent residence from an estimated five million people, 4.2 million of whom are estimated to have been granted settled status following the UK’s withdrawal from the EU.
“The act of stripping permanent residence would require an act of parliament to amend and repeal the immigration acts that currently govern the deprivation of immigration status. New statute would need to be drafted and voted for by parliament. Under a majority Reform government this does remain a possibility, but under a coalition government seems less likely.
“Of the five million estimated people with indefinite leave to remain in the UK, most are likely to also be eligible for British nationality, or are within 12 months of being eligible for British nationality. If a Reform election victory looks likely, we can expect an increase in the number of British nationality applications being made, meaning that as a result of this policy, the same number of people will likely retain access to public funds,” O’Sullivan added.
Chetal Patel, head of immigration at Bates Wells, said: “Reform is pulling the rug from under the UK’s immigration system and the ripple effects will be felt by many key sectors.
“This isn’t just political posturing. The UK’s competitive edge is at stake. These proposals risk turning Britain from a magnet for talent into a closed shop.”
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday