A 67-year-old UK resident who has lived in the country for 26 years has been refused indefinite leave to remain (ILR), and, by her account, a Home Office official suggested she move to India and treat her blindness there. The refusal was issued under new settlement rules that apply to ILR decisions. A human rights organisation has launched a campaign and asked the minister and the Home Office to review the case.
What is known about the case
The case concerns a 67-year-old woman from Nigeria who has been in the UK for 26 years. When she applied for indefinite leave to remain (ILR), she was told she should go to India and undergo treatment there to restore her sight. The woman said she does not understand how she could move to a country she has never been to.
According to the account, she arrived in the UK in 2000 and later lost her sight due to a health condition. The Home Office has not yet explained the reasons for the refusal. It is also unclear on what visa basis she has remained in the country all these years: the material only mentions visa extensions over the last 20 years.
New settlement rules
The refusal was issued under the Home Office’s new settlement rules. According to the report, they introduce requirements on suitability and on the applicant’s good character. These rules apply to ILR decisions, not only to the minister’s new announcements.
According to the Institute for Government, for people who arrived in the country from 2021 onwards, ILR will be granted in stages: after 5, then 10 and 15 years, and afterwards after 20–30 years. The institute called applying these rules to people already living in the country unfair and warned that such a policy would create a high risk for the government.
DPD raid and employer fines
An immigration enforcement operation, carried out together with Lancashire Police, took place at a DPD warehouse in St Helens (Lancashire). Three Indian nationals were detained on suspicion of having no right to work and were arrested on Monday. Among those detained were two asylum seekers, and one of them had an expired visa.
DPD said it would work with the Home Office at all its sites and would strengthen right-to-work checks on its staff. The fine for employing a worker without the right to work is £45,000, rising to £60,000 for a repeat breach. For the three people detained, the calculation is £45,000 for each. Previously, raids were carried out only by immigration control officers; now local police are increasingly joining them.
What this may mean for the system
The Institute for Government believes the tightening may affect family life, employers and employment tribunals. In its assessment, trust in legal procedures will also be undermined. An increase in applications, refusals, appeals and tribunal referrals is also expected, which will put more pressure on the Home Office.
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