Indefinite Leave to Remain

Barry Gardiner Excerpts

Monday 2nd February 2026 Westminster Hall

[Barry Gardiner (Brent West) (Lab)]

I congratulate my hon. and learned Friend the Member for Folkestone and Hythe (Tony Vaughan) on securing the debate.

Legislation should be clear, and the people to whom it applies should know where they stand. Retrospectivity and arbitrary or subjective criteria make for bad law, precisely because they destroy clarity and certainty. Many of my constituents in Brent West are deeply concerned by the Government’s consultation.

I welcome the Government’s saying that they will not change the status of those who already have settled status here. To do so, they admit, would be unfair. They say:

“These are people who have been in our country for years, or even decades. They have families here…and have been contributing to our society…. Fairness is the most fundamental of British values. We made a promise when we gave those people settlement, and we do not break our promises.”—[Official Report, 20 November 2025; Vol. 775, c. 891.]

Ah, but we do break our deals, it would seem. Take the family in my constituency who came lawfully to the UK 16 years ago. They did not meet the requirements for other settlement routes, but after 10 years, they have put down roots: they have had two children, and were earning just enough to apply for the 10-year path to settlement under the long residency rule.

So far, this family have paid a further leave to remain application fee of £1,321 per person, plus an immigration health surcharge of £2,587.50 per adult, reduced to £1,940 for their children. That is a total of £14,363—paid not once, but twice, because the fee is due every 30 months. Can the Minister tell me whether next year, when the third payment is due, and having scrimped to save the £28,726 they have already paid, this family should double down and pay the third instalment of £14,363 so that they can go on to make the final ILR fee payment of £12,126? Or will they suddenly find that their pathway has been blocked by a new requirement that one of them cannot fulfil, and that the £43,089 they have already spent is lost, or that the process has been extended so that they continue to pay for another five years under what looks like indentured service?

These people, too, have been in our country for years, even decades; they have families here and have contributed to our society. We held out a promise to them, too—that of a 10-year pathway, which now looks more like a road to nowhere except penury.

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[Barry Gardiner]

Does the hon. Gentleman recall that between 2022 and 2024, even though the number of spaces in the care sector was deemed to be between 6,000 and 40,000, his Government made available 616,000 visas for that?

[Matt Vickers]

There has been a lot of passionate debate today, and well-meaning suggestions for changes or exemptions to the Government proposals were passionately advanced. Some were related to salary, to age or to people’s grasp of the English language; some referred to people’s community contributions, to the make-up of a person’s family or to people’s role in public services. Compassion is infinite, but this country’s resources are not. We need a system that is fair for UK citizens, including those who are currently struggling to get on the housing ladder.

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[Mike Tapp]

Some of the rule changes that we will introduce are firm, and that will be laid out today in my speech. Much of the proposal—for example, transitional arrangements—is very much being consulted on. Of course, that will be listened to. If there are any further questions when I finish, I ask Members to please intervene nearer the end.

[Barry Gardiner]

Will the Minister confirm whether the changes that are firm were also consulted on in the consultation document? If so, why were they consulted on?

[Mike Tapp]

I thank my hon. Friend for his considered intervention. I will go through my response to the debate, which will lay out exactly what changes are being made and what is going to consultation, and I am happy to talk again at the end.

We will provide further details on how the new settlement system will work in due course after the consultation closes, but I hope hon. Members will appreciate that, while the consultation is ongoing, I am somewhat restricted in what I can say. I will endeavour to be as helpful and fulsome as possible in my response.

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[Mike Tapp]

I thank the hon. Member for his question. They are likely to be, in the case of rule changes; that decision has not been completely made, but Members can of course express their frustration at me here in this Chamber today.

As I was saying, around 1.34 million people are currently on our social housing waiting list, which has increased by 200,000 since 2020. Combining that with a potential 2.2 million people becoming eligible for settled status between 2026 and 2030 would put a massive strain on our public services. We have already set out plans to increase the standard qualifying period towards settlement from five to 10 years.

The earned settlement model will allow people to earn reductions for positive behaviour, such as working in a public service role and volunteering. We want to encourage that behaviour, which underlines the substantial contributions that many migrants make to our country.

People have spoken very well in this debate about stability within the country and the prospect of “moving the goalposts”, as some have framed it, taking that stability away, but I want to stress that people who are here waiting to settle have access to education, healthcare and rent. They can buy a house, work and travel in and out of the country, and have access to financial products.

As I said at the beginning of my remarks, this process is not about deporting people; it is about creating a system that is based on contribution and integration, and people who are not committing crime. That is what the public expect. However, the new model will also impose penalties on people who claim public funds or who have breached immigration laws. Those are not punitive measures; they are deterrents for those who are thinking about choosing a life of benefits when they can work, or who fund criminal gangs in order to cross the channel on small boats, endangering their own lives in the process.

This Government will not continue with the status quo, considering the huge numbers that we face. It is right that we implement a system that is fair and that rewards people who work to make this country a better place to live.

As I am sure hon. Members are aware, the proposals that are not subject to consultation are five-year discounts for two groups of people. The first group is partners, parents and children of British citizens, reflecting our commitment to treating our citizens fairly and their right to be in a relationship with whoever they choose, regardless of nationality.

The second group that will receive the discount is British national overseas visa holders. We remain committed to the people of Hong Kong and the hundreds of thousands of people who have uprooted themselves and rebuilt their lives in the UK. Prior to this debate, I was at the APPG on Hong Kong discussing exactly that. There are complex questions around income, family income, and assets over income; we are currently consulting on those and, when a decision is made about them, it will be announced.

It is vital that migration enriches our economy, but it is most vital that it enriches our local communities. The measures set out in the earned settlement model promote integration by raising the level of English required and by demanding strict adherence to our laws. We will encourage integration and strengthen communities.

[Barry Gardiner]

One of the four pillars that the Minister has set out in the consultation document in relation to integration is volunteering. A number of hon. Members have already mentioned that there is an arbitrariness—a subjective nature—to that. Who will certify the volunteer work that is done? One can imagine a plethora of organisations being set up that will then happily sign a chit saying, “So-and-so has volunteered for so many hours a week.” How will the whole process actually operate? It seems arbitrary and subjective. What will the volunteering entail? Will it have to be for the home community or for the wider community?

[Mike Tapp]

I thank my hon. Friend for making that good point, which we in the Home Office have discussed in detail many times. Indeed, that is why the issue is under consultation. It is subjective, it is complex and right now I cannot give him a definitive answer. However, we will reach one, and announce it in due course.

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[Mike Tapp]

My hon. Friend’s point is well made. I can assure her that that work is going on, and I will come to it shortly.

Let me address some of the questions raised by hon. Members. One was on an impact assessment. It is important that one is produced and made public, and that will come once the consultation ends and we have made all the final decisions. It is important that we match the migration market with the skills market and the jobs market. We are working hard across the Home Office to ensure that we are attracting the right workers to fill the jobs we need them to work.

Let me turn to care workers. This Government are immensely grateful to those who come to the UK with good intentions and continue to play a vital role in the adult social care sector. However, it is clear that international recruitment went too far, and the route admitted unprecedented numbers of migrants and their families. As my hon. Friend the Member for Brent West (Barry Gardiner) said, around 600,000 migrants came to the country to fill just 40,000 roles in that sector.

[Barry Gardiner]

Does the Minister share with me a sense of irony that the former Home Secretary and the former Immigration Minister who were responsible for giving out those 616,000 have now joined Reform?

[Mike Tapp]

I thank my hon. Friend for a point well made. This place never ceases to amaze me—but that is politics.

Some Members have raised Unison’s campaign on sector-wide visas. There is a commitment in the immigration White Paper to look at how we make it easier for those workers to change employer—that is being looked at seriously within the consultation. However, we want to retain the ability to punish those dodgy employers who are dishing out visas when they clearly should not be.

The Government are committed to providing opportunities for British workers. It is only right that we reduce reliance on international workers, and last year the Health Secretary announced a £500 million investment in a fair pay agreement for adult care workers, boosting their wages across England. But we still need to act to ensure that those who arrived while the requirements were relaxed earn their settlement and demonstrate that their integration and economic contribution to the UK meets the standards that we are setting.

The petition also touches on transitional arrangements, and whether the proposals will apply to those already halfway to settlement. As we have seen in this debate, this is a hugely important issue. We have asked for views on that in the consultation, and I hope Members will understand that while I acknowledge their keen interest and the concerns of many individuals, I cannot say anything that could prejudge the outcome of the consultation. The consultation will be published when it closes.

Some strong points were made around family income, the gender pay gap, those who are more vulnerable, those who are disabled, those who have university fees, and of course those on armed forces concessions. All of that is being considered within the consultation, and there will be more detail to come. I can only apologise that I cannot give more detail on that today. I assure Members that we will listen to what people tell us in the consultation before deciding how earned settlement will work.

Turning to the second petition, we are considering whether benefits should only be available to British citizens and not, as is the case now, to those with settled status. I know Members have concerns about this issue. The Government have a responsibility to British taxpayers to ensure their money is spent in a fair and equitable way. It is therefore right that we reassess the point at which migrants can access public funds.

We know the challenges that the country faces, and that this Government have inherited. One of the most significant challenges is a serious lack of social housing. We are taking steps to tackle the challenge, but we must be realistic. I have already set out the number of people who are expected to apply to settle over the next five years under our current system. All of those people could be eligible for benefits and social housing. I am sure that many of us in the Chamber will have constituents who have spent years on the waiting list for social housing. Continuing to add to that list will not solve the problem.

Migration: Settlement Pathway

Barry Gardiner Excerpts

Thursday 20th November 2025 Commons Chamber

[Shabana Mahmood]

I have acknowledged that the way the system is working—or, more appropriately, not working—is causing deep unease across the country, including in my constituency and among people who are of immigrant backgrounds themselves, because of a sense of unfairness. A lot of people in my constituency regularly report overstaying to me, which they see as an abuse of visas and as a particular problem, while others are more concerned about the small boats. I acknowledge that those concerns are legitimate, real and felt deeply across the country. That is why I think it is so important that we rebuild public trust in the overall system by dealing with both illegal migration and legal migration, based on the principles of fairness and contribution, and give the public confidence that the rules we have can be maintained, enforced and followed properly.

The right hon. Gentleman is right that the destruction of documents and the other ways in which people seek to frustrate our ability to remove them from this country is driving some of the discontent. That is why the reforms I set out in the asylum policy statement are designed to say to those making the calculation in the north of France, “Don’t get on a boat. It’s not worth it. That is not the way to come to this country.” As we build safe and legal routes to this country—which will clearly be a much more privileged way of entering, with a faster path to settlement at 10 years, as I have said—the reforms will show very clearly to people making that calculation which path is worth it and which one is not.

[Barry Gardiner (Brent West) (Lab)]

I welcome the assurance the Home Secretary has given to those who have achieved indefinite leave to remain and have settled status in this country. That certainty is really important. She will know that in my constituency I have many families from Syria and Afghanistan, who came under the Syrian programme and Operation Pitting. They have limited leave to remain and are deeply worried, from what the Home Secretary has said, as to whether they will ultimately be deported from this country. Can she give an assurance to those who are currently seeking ILR and who came on those programmes that they will be able to follow the path that was set out for them when they arrived? Will she give that assurance and ensure that this country will never do a deal with the Taliban to deport women and children from this country?

[Shabana Mahmood]

We will always have specific obligations on not returning anybody who has arrived in this country seeking asylum or who has been granted refugee status. We would not return those individuals to danger. We will abide by our international obligations, as I hope I made clear in the statement on Monday. However, our ability to have new rules that look more carefully and more regularly at whether a country is safe for citizens to be returned is important. It is a shift in the way we do things, but we will never return people to face danger. I would be happy to look at some of the examples my hon. Friend has raised today in more detail with him.

Manchester Terrorism Attack

Barry Gardiner Excerpts

Monday 13th October 2025 Commons Chamber

[Shabana Mahmood]

The right hon. Gentleman is right that this country has had to learn painful lessons on sectarianism in the past, and it seems we have to learn them again in a slightly different context today. That cannot be our reality in the future, and I hope that all of us across this House can unite around that work. Let me also be clear for anybody celebrating and supporting Hamas that it is a proscribed terror organisation in this country. To support that organisation is to break the law of our land, and whenever anybody does so, they should face the full force of the law.

[Barry Gardiner (Brent West) (Lab)]

After the vile attack in Manchester, many of us in this House will have spent time with Jewish friends last week celebrating the festival of Sukkot. It was particularly emotional for me to do that with friends and to realise that for the sukkah—that temporary shelter where we eat that meal—you have to have sight of the sky, because the Jewish community needs to be ready always to leave. That sense of insecurity is pervading the Jewish community now, and the Home Secretary must most importantly address that. Jews’ Free School in my constituency, the largest Jewish school in Europe, had a huge police presence outside it in the Friday afternoon after that attack, but as many have said, that reassurance should not be necessary. We have to address the fundamental insecurity that the community is facing.

Group-based Child Sexual Exploitation and Abuse

Barry Gardiner Excerpts

Tuesday 2nd September 2025 Commons Chamber

[Jess Phillips]

My hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) mentioned the importance of drawing attention to the fact that, especially in the context of the online crime of sexploitation, boys are at greater risk. That is the only area of exploitation in which most of the victims are teenage boys, and it is a new and growing phenomenon. I say to the hon. Gentleman that in both the national inquiry and Operation Beaconport, the Home Secretary and I have been pushing at every stage for recognition of the fact that this process cannot just rake over historic coals. It must be grounded in recognition of the way in which abuse is happening now and improving police forces’ responses to it, and undoubtedly it is now happening online. The most frightening statistic that keeps me awake at night is that last year 53% of child sexual abuse was perpetrated by children aged between 10 and 17.

[Barry Gardiner (Brent West) (Lab)]

I pay tribute to my hon. Friend for what has been a lifetime of work protecting women and girls. I welcome what she has said about updating the ethnicity data, which will enable the public debate to take place on the basis of data and fact rather than the prejudice and scaremongering of which she has spoken, but does she think it might also help to engender trust in the debate if she were to take this opportunity to acknowledge that there was a completely unacceptable woke reluctance to offend certain communities, and that this culture of deference, where it persists, must be stamped out?

[Jess Phillips]

I thank my hon. Friend for his kind words, and I will certainly take that opportunity, because I have seen this with my own eyes in cases in which I have been involved. People have said, “Oh, it might cause trouble.” That was not stopping them doing it, but they would not have even mentioned it to me in other circumstances.

What we have to do, and what we all owe to the victims of these crimes, is to call it what it is, but also not to use our own political agendas in relation to their very delicate and harmed lives, whatever form that takes. We do not want a backlash causing the police to go on thinking, “Oh gosh, this is going to open a can of worms.” We must all act responsibly in respect of these issues. However, I have definitely seen this, and it should never have been allowed to happen.

Borders and Asylum

Barry Gardiner Excerpts

Monday 1st September 2025 Commons Chamber

[Yvette Cooper]

Obviously, we do not want asylum accommodation in inappropriate places. We must reduce the overall size of the asylum system, while ensuring that we can move people, when possible, from hotels to alternative and better sites. Any arrangement that is aimed simply at expanding the asylum system, as happens if there is a freeze on asylum decisions—and some of the policies that Reform is unfortunately pursuing risk increasing the number of people stuck in the asylum system, because Reform has no plans for practical returns—will make the problem worse. We need practical changes to bring the numbers down.

[Barry Gardiner (Brent West) (Lab)]

It has come to my attention that in government, the job of Home Secretary does not always attract the greatest thanks, so I want to thank my right hon. Friend for the response that she and her Department have given to the letter from 100 colleagues about the Gaza students, and for what she said this afternoon about considering a permanent scheme. Will she confirm, however, that the visas, when they are issued, will be the same as any international student visa, in that the scholars will be able to bring their families and dependants with them?

[Yvette Cooper]

As my hon. Friend will know, many student visas do not allow students to bring dependants to the United Kingdom. There will be exceptional circumstances, such as those involving Gaza, but the overall approach—for example, to student visas relating to masters courses—is not to include dependants. We do, however, want to ensure that the refugee route for students is available, recognising that some people will be able to come and be educated at UK universities to develop their incredible talents, but will want to return to their home countries in future to rebuild them. There may be others who are not able to return, because that is the nature of the crisis we face.

Draft Proceeds of Crime (Money Laundering) (Threshold Amount) (Amendment) Order 2025

Barry Gardiner Excerpts

Tuesday 17th June 2025 General Committees

[Barry Gardiner (Brent West) (Lab)]

It is a great pleasure to serve with you in the Chair, Mr Twigg. May I just ask the Minister whether the Government intend to bring in similar thresholds for such things as benefit overpayments?

[Dan Jarvis]

I thank the shadow Minister, the hon. Member for Weald of Kent, for the constructive way that she has approached the draft order. These are not contentious or party political matters, and it is right that we debate them in that spirit. I am grateful for her support for the measures and I completely agree with her about the importance of ensuring that we target them, and our resource, as effectively as possible.

The shadow Minister asked, entirely reasonably, about monitoring and review. As she might remember from her own time working at the Home Office, there are processes in place to ensure that these activities are kept under very close watch. I can assure her that, following on from the work done by the previous Government, we will continue to keep these matters under very close review.

Given that I have referenced the previous Government, I want to take the opportunity to commend the right hon. Member for Salisbury for the work that he did and the leadership that he showed in this policy area during his time in government. In particular, I thank him for his work to introduce the economic crime levy. I am sure that he knows this, but it is worth repeating that the levy raises around £100 million per year from the anti-money laundering sector, and it has provided extremely valuable and long-term, sustainable resource for funding measures to tackle money laundering. I am grateful to him for the work that he did in government.

I reiterate in response to the shadow Minister that we will monitor these matters on a regular basis. She will understand why I will not say too much about the technical detail of the work that is done to spot suspicious activity that falls beneath the threshold, but I am sure that she will remember from her time in the Home Office that there are mechanisms in place that seek to prevent people from bending or breaking the rules by behaving in a certain way in relation to transactions below the threshold. I think that she knows what I am referring to.

My hon. Friend the Member for Brent West raised an important point, but I am struggling to remember precisely what it was. Perhaps he will briefly remind me.

[Barry Gardiner]

Of course. I think we all agree that we should have thresholds that are proportionate and do not involve undue bureaucracy while ensuring that money is not badly spent or, indeed, that money that is spent is recovered where it should not have been spent in the first place. Given that we have proportionality in this area, I wondered whether the Minister could enlighten us whether we are looking to do the same in other areas, such as benefit overpayments.

[Dan Jarvis]

I am grateful to my hon. Friend for his question. As a very experienced Member, he will understand that the Home Office is responsible for the Proceeds of Crime Act, and although of course we have conversations with other Departments about other matters, the matter that he mentions is not one that sits within my area of responsibility. No doubt colleagues in the Department that I think he is referring to will listen carefully to his remarks; I am sure that they will be as grateful for them as I am.

I am grateful for all the contributions to the debate. SARs intelligence is a critical tool in our ability to identify, disrupt and recover the money that underpins the most serious and organised crime in the UK. Increasing the threshold to reflect the current landscape is an important step as we seek to improve the effectiveness of the anti-money laundering system, prioritise resources, enable greater disruption of criminal activity and prevent criminals from enjoying the proceeds of their illicit activities. Once again, therefore, I commend the draft order to the Committee.

Question put and agreed to.

Counter Terrorism Policing: Arrests

Barry Gardiner Excerpts

Tuesday 6th May 2025 Commons Chamber

[Dan Jarvis]

I thank the shadow Minister for the sensible, reasonable and constructive tone of his response. He is absolutely right to draw the House’s attention to the tragic death of Lee Rigby, the tragic bombing in Manchester and, of course, the 20th anniversary of the 7/7 bombings that we will be commemorating in a couple of months’ time.

Let me join the shadow Minister in paying tribute to all those who work tirelessly to keep our country safe. It is one of the greatest privileges of this particular role that we have the opportunity to serve in government, as Conservative Members will also have done, and to work closely alongside those incredibly committed members of the police and the intelligence services; we owe them a debt of gratitude.

I am also grateful for the opportunity that the shadow Minister has afforded me to offer our thanks for the work that was done by the previous Government, both in introducing the National Security Act 2023, which has proved to be an incredibly valuable tool, and in creating CTOC, which is delivering very significant operational value. I can absolutely give an assurance that this Government, like the previous one, will continue to invest in that institution.

The shadow Minister made an important point about transparency, and I can give him the reassurances that he seeks. He and the House will understand that we are just a couple of days on from those arrests that took place on Saturday. The Home Secretary will provide a further update as soon as we are operationally able to do so. I give the shadow Minister a commitment that we will be as transparent as possible while of course ensuring that we do not cut across live counter-terrorism operations.

The shadow Minister mentioned proscription, and I understand why. I know that he will acknowledge—or at least I hope that he will—that on 4 March I announced a very strong suite of measures designed to most effectively address the nature of the threat that we face from Iran. Contained within those measures was a request from the Home Secretary for Jonathan Hall, who I know is held in very high regard because of the experience and credibility that he has in this area, to look very carefully at the legislative framework that might enable us to more effectively proscribe state-based entities. I can confirm that Mr Hall has completed his report and that the Home Secretary and I are considering it very carefully. It will be published shortly. I assure the shadow Minister that we will not hesitate to act if there is a requirement to bring forward further measures.

[Barry Gardiner (Brent West) (Lab)]

The Minister will be aware that a number of Iranian citizens in this country still have relatives in Iran, and it is not beyond the wit of the Iranian Government to use that pressure on them. In requiring the citizens of Iran in this country to report to our Government if they are in any way connected to the Iranian Government, has he taken measures to protect them from exposing their family to the pressure that the Iranian Government may put on them?

[Dan Jarvis]

My hon. Friend raises a very important point, and I can give him the assurances he seeks. The Government have been very carefully considering the matter of transnational repression. The Home Secretary and I will have more to say in the near future, but I can give him absolute assurance that we have been thinking carefully about these matters and take them incredibly seriously.

Migration and Border Security

Barry Gardiner Excerpts

Monday 2nd December 2024 Commons Chamber

[Yvette Cooper]

I know that the Immigration Minister, my hon. Friend the Member for Wallasey (Dame Angela Eagle), has already answered some of the questions that the right hon. Gentleman has raised. He is right to express concern about asylum hotels. There are now 220 asylum hotels in use. He will know that his Government opened 400 asylum hotels. We have had to deal with the collapse in asylum decision making. In the last few months before the general election, the Conservatives went down to just a few hundred decisions being taken a week, rather than thousands of decisions each week. That was deeply damaging, and we have had to deal with it, so that we can turn things around by clearing the asylum backlog and ending hotel use.

[Barry Gardiner (Brent West) (Lab)]

It is clear that my right hon. Friend inherited a chaotic immigration situation from the last Government, and I commend her on the work she is doing. She rightly focused on international co-operation, but principally on removals. Does she accept that, in a world as interconnected as ours, migration can no longer adequately be managed by treaties that are now more than 70 years out of date? We need to co-operate with our international partners, to create a new structure and a new settlement for managing global migration.

[Yvette Cooper]

My hon. Friend makes important points, because countries do need to work together and to look far more at some of the causes of migration. That is why we set out at the European Political Community summit an additional £80 million fund to look at earlier prevention work and how we address some of the causes of migration in the first place, as well as the law enforcement response that we need to go after the criminal gangs.