The newly launched organisation, Skill Migrants Alliance, is preparing a legal challenge against the UK Government’s plans to retrospectively extend the qualifying period for Indefinite Leave to Remain (ILR) under its proposed “earned settlement” policy, according to The National.
The alliance, which describes itself as a community-led initiative representing skilled migrants and their families across the UK, claims to advocate for approximately 1.6 million individuals employed in sectors such as healthcare, infrastructure, and technology.
Its stated aim is to oppose proposed retrospective changes that could extend the settlement route for skilled migrants from five years to ten or even fifteen years. The group argues that migrants who entered the UK under existing rules did so with a legitimate expectation of settlement after five years, and that retroactive changes would create unfairness, financial strain, and personal uncertainty for affected families.
Skill Migrants Alliance has enlisted immigration and public law specialists from Kingsley Napley LLP, along with leading barrister Sonali Naik KC of Garden Court Chambers, to prepare a formal legal opinion. This will underpin a pre-action letter to the Home Office.
“By securing the best legal counsel today, we are sending a clear message to the Home Office: we are prepared, we are professional, and we are united,” the organisation stated.
Earlier this year, the group confirmed via CrowdJustice that it had met an initial fundraising target of £25,000 to cover early legal costs. The funding will support the first phase of legal advice and preparation, with further steps contingent on the Government’s final policy decisions and any formal amendments to the Immigration Rules.
The legal challenge follows the closure of the Home Office consultation on the “earned settlement” reforms, which considered extending settlement qualification periods and introducing additional requirements for permanent residence. Ministers have indicated that transitional arrangements and final policy details will be shaped by responses to the consultation.
In her November policy statement, A Fairer Pathway to Settlement, Home Secretary Shabana Mahmood confirmed that the changes would apply to migrants already in the UK who have not yet received settlement. She stated:
“Crucially … we propose to apply these changes to everyone in the country today who has not already received indefinite leave to remain. This would mean that those who are due to reach settlement in the coming months and years would be subject to the new requirements for earned settlement, as soon as our immigration rules have changed.”
Earlier this month, the Home Secretary reinforced this position in evidence to the House of Commons Home Affairs Committee, highlighting that settlement applications are assessed under the rules in force at the time of application, rather than at the point of entry. She added that this principle has been upheld in court since 2009.
Skill Migrants Alliance has said it will decide its next steps once the Government publishes its consultation response and final policy announcement. The second phase of its legal action, including a pre-action protocol letter, will follow the Government’s formalisation of any changes. The alliance aims to ensure that existing migrants’ settlement pathways reflect the legitimate expectation of a five-year route that was in place when they first entered the UK.
LawSentis Point:
The emergence of Skill Migrants Alliance highlights growing concerns among skilled migrants over retrospective changes to the earned settlement rules. While the Government maintains that settlement applications are judged under current rules, the move to extend ILR qualifying periods for those already in the UK could raise complex legal and fairness questions. Migrants and employers should closely monitor developments and seek expert advice to understand how any final rules might affect ongoing and future settlement applications.
LawSentis continues to advise clients that careful planning and proactive legal guidance are key in navigating such transitional changes.