Wajahat Ali Khan
The first thing that British Home Secretary Shabana Mahmood has done immediately after her appointment is to hang the strictest laws on the necks of immigrants coming to the UK from all over the world, along with a perfect understanding of the English language, which is a naked sword that will be very difficult to avoid. The column under, review sheds light on the history of British immigration and the new laws introduced in this regard.
The toughest immigration policy in Britain’s history is widely considered to be the “hostile environment” policy, introduced in 2012 and later reinforced by the Immigration Acts of 2014 and 2016. This policy aimed to make staying in the UK difficult for those without legal status by integrating immigration control into everyday systems like renting and banking, which inadvertently caused the wrongful deportation of British citizens and led to significant human rights concerns.
What are the key aspects of the hostile environment policy?
Outsourced immigration control: It made landlords, landlords, banks, and other public and private bodies responsible for checking immigration status, with severe penalties for non-compliance.
Targeted restrictions: The policy barred those without legal status from renting properties, opening bank accounts, and accessing driving licenses.
Windrush scandal: The policy’s effects were most notably highlighted by the Windrush scandal, where long-term residents from Commonwealth countries who had arrived in the UK decades ago were wrongly detained and deported because they could not prove their legal status under the new rules.
Criticism: The policy has been widely criticized as inhumane and ineffective, with the UN and the Equality and Human Rights Commission finding it broke equality laws and fostered xenophobia.
Other policies
Aliens Order 1920: This early legislation required all aliens to register with the police and get permission to work, granting the Home Secretary broad discretion over their entry and conditions.
British Nationality Act 1981: This act removed the automatic right to citizenship for people born in the UK, a significant shift from previous common-law tradition. While the hostile environment policy is frequently cited as the toughest, other policies like the Aliens Order 1920 and the British Nationality Act 1981 were also very restrictive and impactful in their time. Under the new rules migrants who are in the UK legally could have to wait up to 20 years before they can settle permanently, under government proposals.
The Home Secretary Shabana Mahmood has announced the qualifying period for indefinite leave to remain will be extended from five to 10 years and will apply to the estimated 2.6 million who arrived since 2021. The changes will not apply to people who had already obtained settlement. Mahmood said becoming part of the UK was “not a right but a privilege – and one that must be earned”. The package is the latest in a string of changes to the immigration system announced by Mahmood over the past week.
Shabana Mahmood demands migrants earn right to settlement in UK
Settlement, also known as Indefinite Leave, to Remain (ILR), allows someone to live in the UK permanently, work without restrictions and access public services. It is also a key step towards British citizenship. Currently, most work and family visa holders can apply for settlement after five years. Under the proposed changes the standard wait will be 10 years – with a range of criteria that would lengthen or shorten that period.
·Legal migrants who claim benefits for less than 12 months will have to wait 15 years
· People who arrived on post-Brexit health and social care visas would have to wait 15 years, up from five year currently
· Migrants reliant on benefits for more than 12 months face a 20-year wait for settlement, four times more than the current period and the longest in Europe
There is also a reduction to three years for applicants who earn £125,140 in the three years prior to applying for settlement, with this reduced to five years for anyone earning £50,270. Time spent volunteering and competency in the English language are also factors which could reduce the wait. Announcing the changes in the Commons, Mahmood said: “Migration will always be a vital part of Britain’s story. “But the scale of arrivals in recent years has been unprecedented.” Conservative shadow home secretary Chris Philp accused Labour of “copying and pasting” policies from his party that it had previously “voted against”. Philp said his part would support the changes but warned the new system could create loopholes and urged ministers to adopt a migration cap. Reform UK did not respond to the statement in the Commons. But the party has previously announced it would abolish ILR – replacing it with visas that migrants must reapply for every five years. That includes hundreds of thousands of migrants currently in the UK. Home Office figures show net migration added 2.6 million people to UK population between 2021 and 2024.
Because of this, settlement grants are also expected to spike over the next five years, with around 1.6 million people forecast to settle between 2026 and 2030. Ministers plan to introduce an “earned settlement” system, requiring migrants to demonstrate social integration, economic contribution and good “character” before being granted settled status. Applicants will need to meet stricter minimum requirements including the equivalent to A-level standard English language, a clean criminal record and earning above £12,570 a year for at least three years. There will be accelerated routes for those who make an “outsized contribution” to the UK. Doctors and nurses working in the NHS will be able to settle after five years. The “brightest and best” international talent could have settlement fast-tracked, with high earners and entrepreneurs able to stay after just three years. Family members will not gain automatic status when the main applicant qualifies. Children who came to the UK under the age of 18 may settle with parents, but older dependants could face separate requirements.
Existing fast-track routes for victims of domestic abuse, bereaved partners and resettled refugees will remain. Public service union Unison said the changes would be “devastating to thousands of essential workers” and put services at risk. Christina McAnea, Unison’s general secretary, said: “Forcing staff, many of whom stepped up during Covid, to wait 15 years for certainty about their futures betrays the promises they were made. “Ms McAnea warned the government not to “overlook the care workers, nursing assistants and school support staff from overseas” as without them “care services would collapse”.
The changes build on measures first set out in the government’s May white paper. The government plan to roll out changes from spring 2026, after a consultation ends on 12 February. Shabana Mahmood announced a sweeping overhaul of the UK’s asylum system – including plans to end permanent refugee status and replace it with temporary status subject to review every 30 months.
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