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.