Nigel Farage’s Immigration Overhaul: Legal and Practical Hurdles Ahead

Key Proposals

• Abolition of ILR: Farage’s plan would revoke ILR status for over 800,000
  individuals, requiring them to reapply under stricter conditions, including higher
  salary thresholds and advanced English proficiency.
• Stricter Visa Conditions: The new system would impose higher salary thresholds,
  advanced English proficiency requirements, and longer residency periods before
  granting citizenship.
• Exclusion from Welfare: The proposal includes denying welfare benefits to all nonUK citizens, reserving such support for UK citizens only.
• Retrospective Application: Existing ILR holders would be required to reapply under
  the new system, potentially leading to the loss of their settled status.

Legal and Practical Challenges

1. Retrospective Revocation of ILR

Revoking ILR status for individuals who have legally resided in the UK for years raises
serious legal concerns. Such actions could violate human rights protections, including the
right to family life and protection from discrimination. Legal experts warn that this approach could lead to “legal and practical chaos.”

2. Human Rights Implications

The proposed changes may infringe upon rights protected under the European Convention on Human Rights, particularly concerning family life and non-discrimination. Experts caution that altering these rights could have broader implications for everyone within the UK’s jurisdiction.

3. Administrative and Logistical Challenges

Implementing a system that requires hundreds of thousands of individuals to reapply for visas would place immense strain on the UK’s immigration infrastructure. The process could lead to delays, errors, and increased costs, complicating the immigration system further.

4. Economic and Social Impact

The exclusion of non-UK citizens from welfare benefits could have significant social
implications, particularly for those who have contributed to the UK economy for years.
Additionally, industries that rely on migrant labour may face challenges in adapting to the
new system.

Likely Legal Challenges

Given the issues above, here are some of the main grounds on which the proposals could be challenged in court:

1. Judicial Review
   People affected (especially those with settled status) could bring challenges on
   grounds of unreasonable or unfair decision-making, lack of legitimate expectation,
   breach of human rights, etc.
2. Human Rights Claims
   Under the Human Rights Act / ECHR (Article 8, perhaps Article 14), claims
   concerning family life, and protection from discrimination, may be raised.
3. Breach of EU/International Treaties
   If any agreements protect certain categories (EU citizens, refugees) then those could
   be invoked. Also, commitments made under international refugee law or UN
   conventions.
4. Equality & Discrimination Laws
   The proposals might disproportionately impact certain nationalities, ethnic groups, or other protected categories. This could give rise to discrimination claims.

Conclusion

While Farage’s immigration overhaul proposal aims to address concerns about welfare
dependency and immigration control, it faces significant legal, practical, and political
challenges. The retrospective application of new immigration rules, potential human rights violations, and the strain on administrative resources could undermine the effectiveness and fairness of the proposed system. As the debate continues, it remains to be seen how these challenges will be addressed and whether the proposed reforms will be implemented in their current form.

By K Maitaram -Turner, Barrister

22nd Sept 2022