Overview

The Immigration and Visas Bill aims to tighten UK immigration rules by limiting entry numbers, increasing the qualification period for indefinite leave to remain, and restricting eligibility based on income and social protection. It also seeks to limit the application of the Human Rights Act in immigration cases and introduces stricter rules for spousal visas.

Description

Disapplication of Human Rights Act

The bill largely disregards the Human Rights Act 1998 when applying immigration laws, including decisions on deportation, asylum and granting/revoking immigration status. The government will have sole authority on whether to comply with European Court of Human Rights interim measures.

Indefinite Leave to Remain

The minimum qualification period for indefinite leave to remain increases to ten years for various visa routes (Tier 2, Skilled Worker, Global Talent, etc.). Indefinite leave can be revoked if the individual is deemed a "foreign criminal", doesn't meet the new criteria for indefinite leave, receives social protection (housing, benefits), or their annual income falls below £38,700 for six months or more. Exceptions exist for certain refugee schemes.

Visa Restrictions

The bill introduces a cap on the annual number of non-visitor visas issued, determined by the Secretary of State and subject to parliamentary approval. Further caps will be set for individual visa types. All visas (including spousal) will become conditional on not receiving social protection and maintaining an annual income of at least £38,700. Breaching these conditions will void the visa. Spousal visa numbers will be capped, with limitations on the number of spouses from any single country (7%). Additional requirements for spousal visas include a two-year marriage or civil partnership, proof of permanent cohabitation intentions, a minimum combined age of 46, and a sponsor's minimum salary of £38,700; first cousins are ineligible.

Foreign National Offenders and Data Protection

The bill alters legislation concerning the deportation of foreign national offenders and expands data protection exemptions for those who entered the UK illegally or are foreign criminals. The definition of "foreign criminal" is broadened. Scientific methods for age assessment will be defined by regulations laid before Parliament.

Government Spending

The bill aims to reduce government spending on social protection by restricting access for certain visa holders. Exact figures are not provided in the bill text.

Groups Affected

• Immigrants: The bill will significantly impact immigrants seeking indefinite leave to remain, those applying for spousal visas, and those from countries with high visa application numbers. It will make it harder to obtain indefinite leave to remain and may lead to increased deportations.
• Foreign National Offenders: The bill will likely lead to a higher number of deportations of foreign national offenders.
• Refugees: While exceptions are made for specific refugee schemes, the bill’s overall impact on refugees is uncertain.
• Local Authorities: The bill may impact local authorities' budgets and responsibilities related to housing and social services for immigrants.
• Businesses: Restrictions on visas could affect businesses' ability to recruit skilled workers.
• Families: The stricter requirements for spousal visas may impact family reunification.

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