The UK’s immigration white paper – what does it mean for British Nationals (Overseas)?

Last week the UK government published its long-awaited white paper, entitled ‘Restoring control over the immigration system’. 

This wide-ranging policy paper contains some seismic shifts to the UK immigration system. However, whilst the significance of some of these changes shouldn’t be underplayed, no actual law has changed yet and it could still be some time before all these measures take effect. 

One of the most significant changes, and one that is causing UK visa-holders much concern, is the planned increase in the qualifying period for settlement (also know as indefinite leave to remain or permanent residence) from five years to ten. There are plans to introduce a new concept of ‘earned settlement’, whereby visa-holders can reduce their qualifying period on the basis of their contributions to the UK economy and society using a points-based system. The qualifying period for citizenship will apparently be aligned with this but there is no further detail on that yet.

Will the proposed changes to settlement affect BN(O)s?

At present it is extremely unclear exactly which visa routes will be affected by the change to the settlement rules, and whether it will apply to those already in the UK, or only those who enter the relevant visa routes after the change takes effect. 

In the white paper, the government appeared to view the BN(O) route positively, stating on multiple occasions that the UK has, through the introduction of the visa category, rightly played a part in responding to the developments in Hong Kong at the time and allowing British Nationals (Overseas) to come to or stay in the UK. Elsewhere in the white paper, the government also explicitly stated that dependants of British citizens would be exempt from the change, so the qualifying settlement period for them will remain five years. There is no mention of other specific visa types or cohorts of people in the white paper in relation to this. In the UK Parliament last week though, the Home Secretary Yvette Cooper stated that the five-year route would be maintained for those with a dependant or family visa. This suggests that other visa routes which are family-focused, rather than work or study focused, may be included in the exemption. If that is the case, then we would expect the settlement period for BN(O) visa holders to remain five years, as it is a family / humanitarian visa route rather than an economic one. 

There is also case law which states that retrospective changes to the immigration rules may be unlawful, so any attempt by the government to apply the new rule to those already in the affected visa routes could be open to legal challenge. 

When will we know more?

The government has stated that it will publish further details on the new settlement and citizenship policies later this year, after which there will be a public consultation. So we should have greater clarity in due course on what the policy will mean, if anything, for BN(O) visa holders and their families. In the meantime, should you have any questions or concerns regarding these developments, please do not hesitate to contact us.