Government must ensure fair settlement scheme

The Law Society of England and Wales has urged the UK government to ensure that the proposed earned settlement scheme for migrants is equitable and does not apply retrospectively. This response comes as the Home Office’s consultation on the matter closes today. Law Society president Mark Evans emphasised the importance of fairness, stating “The UK government must take action to ensure the proposals are fair for everyone.” He highlighted concerns about the potential disadvantage migrants already on a pathway to settlement may face if the proposals are applied retroactively.

Evans pointed out that ambiguous financial thresholds could negatively impact certain groups, saying “We are concerned that the financial thresholds are ambiguous and the proposals will disadvantage stay-at-home partners, carers, lower-paid people, students and recent graduates.” He further noted that requiring dependant partners to qualify for settlement independently could create discrepancies within families, leading to adverse effects on children and potentially breaching the Equality Act.

Moreover, the Law Society cautioned that the earned settlement scheme could pose challenges for UK employers. The implications could affect recruitment and retention, risking the nation’s global competitiveness. Evans warned, “Longer qualifying periods, higher costs, and more complex rules will deter overseas workers while placing heavy administrative and financial burdens on UK employers.” He stressed the importance of aligning the government's growth and immigration agendas effectively.

In addition, the Law Society's submission highlighted that applying these proposals to refugees would undermine the UK’s commitments under the Refugee Convention. It urged for vulnerable groups to be exempt from the changes, emphasizing that decision-makers should have the discretion to evaluate individuals’ circumstances without penalising them.