Together for Fairness. Respect the Past, Protect the Future - Keep the 5-Year ILR Promise!


Together for Fairness. Respect the Past, Protect the Future - Keep the 5-Year ILR Promise!
The Issue
The Retrospective Extension of the ILR Route - A call for Fairness and Integrity.
Thousands of skilled professionals have moved to the UK legally under the points-based immigration system, guided by a clear understanding: the right to apply for ILR after 5 years of continuous residence.
Now, a newly announced policy proposal suggests extending this route from 5 years to 10 — potentially applying even to those who are already well into their 5-year journey. This shift, introduced without prior consultation, raises serious concerns about fairness, stability, and trust in the system.
This is not just a change in policy it is a breach of trust that risks destabilising lives, families, and careers. Also This move risks uprooting settled lives, intensifying mental health pressures, and discouraging highly skilled professionals from choosing the UK in the future.
We respectfully urge the UK Government to take immediate steps to uphold the integrity of its immigration commitments and protect those who have placed their trust in them.
- Respect the original 5-year pathway to ILR for visa holders who entered the UK prior to any change in settlement policy. Do not retroactively extend their route to 10 years.
- Publicly confirm and safeguard transitional protections for those already progressing through the 5-year ILR route, to stop the growing anxiety and uncertainty.
- Stop applying rule changes retroactively, and establish a principle of non-retroactivity for immigration law, especially where livelihoods and family stability are at stake.
- Recognise and value the economic and social contributions made by the peoples working in NHS, social care, education, engineering, legal, logistics, and other key sectors.
- Ensure transparency and fairness in future immigration reforms, with proper consultation, notice periods, and communication strategies that respect the lives already built under previous rules.
- Protect the UK’s reputation as a fair and attractive destination for skilled global talent by ensuring that immigration promises are honoured and settlement expectations are stable.
Our Contributions Are Proof That We’ve Earned Our Place
The Prime Minister has clearly stated:
1. “Settlement in the UK is a privilege that is earned, not a right.”
2. “Only those who contribute significantly to our economy and society should be able to stay permanently.”
We fully agree. And we are living examples of those values individuals who came to the UK not to take, but to give. We are not just visa holders. We are taxpayers, caregivers, community members, and professionals who stepped forward when Britain needed us most.
How we’ve earned that privilege:
- We are major contributors to the UK economy, often paying 40% or more in income tax, including on global earnings, despite not being eligible for many public services or benefits.
- We helped the UK through critical shortages, especially during the COVID-19 pandemic and post-Brexit labour gaps. Many of us were frontline workers when others were told to stay home.
- We filled key skill gaps in sectors like the NHS, social care, education, engineering, IT,legal, finance, and transport roles the UK specifically sought skilled migrants to fill.
- We’ve built stability here by buying homes, enrolling our children in schools, starting businesses, and committing long-term to our communities.
- We’ve not relied on public funds. Our presence here has been self-sustained and contributive, not a burden.
- We follow the law, respect UK values, and contribute to society beyond work, including volunteering, charitable giving, and civic participation.
- We pay repeated visa fees, health surcharges, and renewal costs without complaints, even while facing uncertainty about our future status.
The Harm Caused by This Change
- Undermines trust in the immigration system, especially for those who have acted in good faith.
- Causes mental and emotional strain, as individuals and families are left in limbo after investing years in the UK.
- Adds financial hardship, requiring additional visa renewals, fees, and legal costs over a prolonged period.
- Disrupts long-term plans related to home ownership, education, and career development.
We’re Not Asking for Favouritism — We’re Asking for Fairness
We accepted the UK Government’s invitation to help build a stronger post-Brexit Britain. We played by the rules that were set before us. Now, those rules are being changed mid-way not only damaging our lives, but also the UK’s reputation as a fair and reliable home for skilled professionals.
Honouring the original 5-year ILR pathway is more than a policy correction; it is a reaffirmation that the UK keeps its promises.
Legal Precedents Supporting Our Position
UK courts have repeatedly confirmed that immigration rules should not be applied retrospectively, especially where migrants relied on previous terms in good faith:
- R (HSMP Forum Ltd) v Secretary of State for the Home Department [2008]
The High Court ruled that applying new settlement rules to existing Highly Skilled Migrant Programme (HSMP) visa holders was unlawful due to a legitimate expectation based on previous terms. - R (BAPIO Action Ltd) v Secretary of State for the Home Department [2007]
The court found policy changes affecting non-EU doctors without transitional measures were subject to legal challenge. - Odelola v Secretary of State for the Home Department [2009]
Confirmed that immigration rules are to be applied prospectively—not retroactively—unless explicitly stated, and even then subject to legal scrutiny.
Summary: Legal Principles Established
- Retrospective immigration changes are unlawful – HSMP Forum (2008)
- Legitimate expectations must be honoured – BAPIO (2007), Bhatt Murphy (2008)
- Immigration rules apply from the date of enforcement, not before – Odelola (2009)
Sign this petition if you believe:
=> A promise made should be a promise kept.
=> Immigration rules should not change retroactively.
=> Skilled, law-abiding, and contributing workers deserve fairness and certainty
Let’s stand together to ensure the UK remains a country that keeps its word—and values the people who help it thrive..!!!
38
The Issue
The Retrospective Extension of the ILR Route - A call for Fairness and Integrity.
Thousands of skilled professionals have moved to the UK legally under the points-based immigration system, guided by a clear understanding: the right to apply for ILR after 5 years of continuous residence.
Now, a newly announced policy proposal suggests extending this route from 5 years to 10 — potentially applying even to those who are already well into their 5-year journey. This shift, introduced without prior consultation, raises serious concerns about fairness, stability, and trust in the system.
This is not just a change in policy it is a breach of trust that risks destabilising lives, families, and careers. Also This move risks uprooting settled lives, intensifying mental health pressures, and discouraging highly skilled professionals from choosing the UK in the future.
We respectfully urge the UK Government to take immediate steps to uphold the integrity of its immigration commitments and protect those who have placed their trust in them.
- Respect the original 5-year pathway to ILR for visa holders who entered the UK prior to any change in settlement policy. Do not retroactively extend their route to 10 years.
- Publicly confirm and safeguard transitional protections for those already progressing through the 5-year ILR route, to stop the growing anxiety and uncertainty.
- Stop applying rule changes retroactively, and establish a principle of non-retroactivity for immigration law, especially where livelihoods and family stability are at stake.
- Recognise and value the economic and social contributions made by the peoples working in NHS, social care, education, engineering, legal, logistics, and other key sectors.
- Ensure transparency and fairness in future immigration reforms, with proper consultation, notice periods, and communication strategies that respect the lives already built under previous rules.
- Protect the UK’s reputation as a fair and attractive destination for skilled global talent by ensuring that immigration promises are honoured and settlement expectations are stable.
Our Contributions Are Proof That We’ve Earned Our Place
The Prime Minister has clearly stated:
1. “Settlement in the UK is a privilege that is earned, not a right.”
2. “Only those who contribute significantly to our economy and society should be able to stay permanently.”
We fully agree. And we are living examples of those values individuals who came to the UK not to take, but to give. We are not just visa holders. We are taxpayers, caregivers, community members, and professionals who stepped forward when Britain needed us most.
How we’ve earned that privilege:
- We are major contributors to the UK economy, often paying 40% or more in income tax, including on global earnings, despite not being eligible for many public services or benefits.
- We helped the UK through critical shortages, especially during the COVID-19 pandemic and post-Brexit labour gaps. Many of us were frontline workers when others were told to stay home.
- We filled key skill gaps in sectors like the NHS, social care, education, engineering, IT,legal, finance, and transport roles the UK specifically sought skilled migrants to fill.
- We’ve built stability here by buying homes, enrolling our children in schools, starting businesses, and committing long-term to our communities.
- We’ve not relied on public funds. Our presence here has been self-sustained and contributive, not a burden.
- We follow the law, respect UK values, and contribute to society beyond work, including volunteering, charitable giving, and civic participation.
- We pay repeated visa fees, health surcharges, and renewal costs without complaints, even while facing uncertainty about our future status.
The Harm Caused by This Change
- Undermines trust in the immigration system, especially for those who have acted in good faith.
- Causes mental and emotional strain, as individuals and families are left in limbo after investing years in the UK.
- Adds financial hardship, requiring additional visa renewals, fees, and legal costs over a prolonged period.
- Disrupts long-term plans related to home ownership, education, and career development.
We’re Not Asking for Favouritism — We’re Asking for Fairness
We accepted the UK Government’s invitation to help build a stronger post-Brexit Britain. We played by the rules that were set before us. Now, those rules are being changed mid-way not only damaging our lives, but also the UK’s reputation as a fair and reliable home for skilled professionals.
Honouring the original 5-year ILR pathway is more than a policy correction; it is a reaffirmation that the UK keeps its promises.
Legal Precedents Supporting Our Position
UK courts have repeatedly confirmed that immigration rules should not be applied retrospectively, especially where migrants relied on previous terms in good faith:
- R (HSMP Forum Ltd) v Secretary of State for the Home Department [2008]
The High Court ruled that applying new settlement rules to existing Highly Skilled Migrant Programme (HSMP) visa holders was unlawful due to a legitimate expectation based on previous terms. - R (BAPIO Action Ltd) v Secretary of State for the Home Department [2007]
The court found policy changes affecting non-EU doctors without transitional measures were subject to legal challenge. - Odelola v Secretary of State for the Home Department [2009]
Confirmed that immigration rules are to be applied prospectively—not retroactively—unless explicitly stated, and even then subject to legal scrutiny.
Summary: Legal Principles Established
- Retrospective immigration changes are unlawful – HSMP Forum (2008)
- Legitimate expectations must be honoured – BAPIO (2007), Bhatt Murphy (2008)
- Immigration rules apply from the date of enforcement, not before – Odelola (2009)
Sign this petition if you believe:
=> A promise made should be a promise kept.
=> Immigration rules should not change retroactively.
=> Skilled, law-abiding, and contributing workers deserve fairness and certainty
Let’s stand together to ensure the UK remains a country that keeps its word—and values the people who help it thrive..!!!
38
The Decision Makers
Petition Updates
Share this petition
Petition created on 23 May 2025
