Immigration Reforms: Humanitarian Visa Routes Debate
Full Debate: Read Full DebateJames Naish
Main Page: James Naish (Labour - Rushcliffe)Department Debates - View all James Naish's debates with the Home Office
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James Naish (Rushcliffe) (Lab)
I beg to move,
That this House has considered the potential impact of immigration reforms on humanitarian visa routes.
It is a pleasure to serve under your chairship, Sir Edward, and I thank the Backbench Business Committee for granting time for this debate. I will focus today on two groups, Hongkongers and Ukrainians, as the two largest recipients of humanitarian visas between 2019 and 2024. Recipients of humanitarian visas, however, come from a wide range of places, including conflict zones in Africa and the middle east. Hon. Members who wish to refer to broader UK initiatives, including the Afghan resettlement programme, are welcome to do so.
Since 2021, thousands of Hongkongers and Ukrainians have made the UK their home, including many families in my constituency, who now live, work, study and volunteer here. They have become our neighbours, colleagues and friends. I believe our communities are richer because they chose to build their futures in the UK. Colleagues will recall that, after Beijing’s imposition of the national security law and the crackdown on civil liberties in Hong Kong, there was cross-party recognition that the UK had a moral and historical responsibility to offer a route to those holding British national overseas status—thus the BNO visa scheme was born.
Since 2021, approximately 200,000 Hongkongers have come to the UK and put down roots in this country, working their way towards indefinite leave to remain after five years. That is why that, when the Home Office published its immigration White Paper in May this year, it was a shock for many to learn that the Government intended to increase the standard qualifying period for settlement to 10 years across the board. That created significant uncertainty, especially for Hongkongers, with accusations that the goalposts were moving retrospectively.
Fast forward to last week, when the Home Office published Command Paper 1448 and launched a 12-week consultation on how to implement the White Paper. For Hongkongers, that paper contains an important and welcome clarification: BNO visa holders will be fully exempt from the proposed earned settlement criteria, and will retain a five-year route to ILR. The paper confirms that the Government remain fully committed to the BNO route. The Home Secretary went further on the Floor of the House by noting that this country has
“always supported…the repatriation of Hongkongers.”—[Official Report, 17 November 2025; Vol. 775, c. 547.]
The word “repatriation” is important. It communicates the sense that the UK sees Hongkongers as people who rightfully belong and whose presence is understood and recognised. That is an important and powerful message. I want to place on record my thanks to the Home Secretary and Home Office Ministers for their continued commitment.
The headline announcement has not dispelled all anxiety, however, for two reasons. First, the consultation document suggests that, to be eligible for ILR, applicants should demonstrate that they have earned at least £12,570 per year for three to five years. The intention behind that is understandable—to maintain confidence in the system—but the BNO route was never conceived as a classic economic migration route. It is a humanitarian route for people who have demonstrated a uniquely strong attachment to this country.
Many BNO households are income poor but asset rich. They arrived with significant savings and have supported themselves without recourse to public funds. Given the shift to a new culture and way of living, income patterns do not necessarily fit neatly into rigid salary thresholds, which is a concern. Secondly, there is the proposed increase in the English language requirement from B1 to B2. Thousands of BNO holders have already paid for and passed the B1 test in good time. Moving the goalposts to B2 now would shut many people out of ILR in the short term, despite years of lawful residence, work and contribution.
Marie Goldman (Chelmsford) (LD)
My constituents in Chelmsford, which has a sizeable BNO population, are concerned about the issues that the hon. Member has just raised. As for the question of economic migration, many of them came here as students or retirees so it is difficult for them to fulfil the criteria, and they feel that the rug is being pulled out from underneath them through retrospective changes to the language criteria. Does the hon. Member agree that that does not make sense and needs to be looked at again?
James Naish
I will come on to five groups who need to be given special consideration, including those that the hon. Member has just mentioned.
Over the weekend, more than 5,000 BNO visa holders completed a survey about the proposals. The results show that if the requirements outlined were strictly applied with no transitional arrangements, only 8% of BNO households would expect all members to be able to apply for ILR after five years in the UK, and 43% said that no members would be eligible for ILR at the five-year point.
Danny Beales (Uxbridge and South Ruislip) (Lab)
I thank my hon. Friend for his excellent advocacy on this issue, which is much appreciated across the House. In Uxbridge and South Ruislip, which has a significant and important BNO community, I recognise the concerns that he has outlined. I welcome the fact that the Government have moved, but does my hon. Friend agree that, under the amended proposals, so few BNO holders qualifying for ILR would have a real impact on people’s ability to access student finance and study in the UK, and to integrate into society, and that people being unable to access their pensions back in Hong Kong would have a massive economic impact?
James Naish
Yes, I absolutely agree. I will come on to why that issue matters and I will cover both of my hon. Friend’s points.
Given that the route was designed as a safe and secure five-year pathway for intergenerational families fleeing a severe crackdown on civil liberties, the figures are worrying. They highlight the importance of making sure that the small print aligns with the Government’s overarching strong and welcome commitment to the BNO scheme.
Mr Connor Rand (Altrincham and Sale West) (Lab)
Many Hongkongers in Altrincham and Sale West have written to me with concerns about any changes to the pathway for indefinite leave to remain. My hon. Friend is powerfully making the case on how changes to language or income requirements would have a major impact on their lives. Does he agree that the fact that Hongkongers now account for less than 2% of total visa grants should be an important consideration for the Government as they consult on their immigration proposals and on building a fair but balanced immigration system?
James Naish
My hon. Friend is absolutely right to note that applications fluctuate. Certainly, the 200,000 members of the BNO community who are already here are very much part of our community, but the numbers coming through now are much smaller.
That brings me to why this issue matters. ILR is not a technicality for Hongkongers; it is fundamental to their security and their ability to live a full life in this country, as has already been mentioned. Without ILR and, in due course, citizenship and a UK passport, families will be unable to travel safely. Considerable pension savings in Hong Kong can be accessed only once ILR has been granted, meaning that any delay to ILR could push some into severe hardship. ILR is the gateway to home student fee status. Until children in BNO families have ILR, many will be unable to afford university in the UK. Put bluntly, the way we design and implement these rules will determine the safety, socioeconomic security and contribution of tens of thousands of Hongkongers over the next few years.
I am grateful for the speech that the hon. Member is making. He has highlighted many of the reasons why I wrote about this issue for The Atlantic more than six years ago, and why my right hon. Friend the Member for Witham (Priti Patel), as the then Home Secretary, was able to change the law at the time. Does he agree that the importance of this change is fundamental, because it is not just about the ability to integrate here, but about fear of persecution abroad?
The reality is that in our own community now there are many Hongkongers who fear the long arm of the Chinese Communist party, and if they are not secure in their position here, they could be—or at least in their own minds they could be—dragged back to Hong Kong and very severely punished in pretty horrific ways, as Jimmy Lai’s case demonstrates. This is therefore actually about the liberty of British citizens and not just about the right of abode.
James Naish
The right hon. Member has been a tireless advocate for this group of people. I completely agree with everything that he said and I am sure we will continue to work together on these issues.
Over the weekend, I received hundreds of real-life stories from Hongkongers who fell into five main groups, of which a couple have already been referenced. Those groups are, first, self-employed people whose income has varied significantly from year to year since arriving here; secondly, primary carers, typically women, who have purposefully stayed at home to look after young or old dependants; thirdly, children still completing their education; fourthly, older couples who work limited hours for age and health reasons; and finally, families who for practical reasons will not be able to arrange for everybody to study and demonstrate linguistic competency in the next few months.
Tony Vaughan (Folkestone and Hythe) (Lab)
Does my hon. Friend agree that it is important that this policy framework distinguishes between immigration control on the one hand and, on the other hand, how we treat lawfully present migrants? Does he agree that we must restore order and control to the system for those coming into the UK, but that once people are here, we need to encourage integration and value non-monetary contributions as well, so that we do not skew the system away from the integration that we ultimately need to see for those who are lawfully here?
James Naish
Absolutely. I think that the concept of a retrospective introduction of criteria is what is really concerning residents, and I am sure my hon. Friend the Minister will have been listening to the point that my hon. and learned Friend just made.
With months to go until many BNO families hit the five-year mark, the possibility of a sudden shift has understandably caused anxiety. I therefore ask the Minister to consider the following questions. First, if the Government are to impose a financial test, could this be an assessed contribution at household level rather than for each person in isolation? Secondly, will the Government consider introducing transitional arrangements so that anyone already on a pathway to ILR is not subject to new conditions retrospectively? Thirdly, will the Government consider exempting the BNO route from the changes altogether, having openly acknowledged this group’s historic attachment to the United Kingdom? Fourthly, if these new rules are needed, will the Government look into common-sense exemptions for pensioners, children, disabled people and others whose earning and linguistic potential is likely to remain low?
Order. A very large number of people wish to take part in the debate, and I will try to get everybody in, but if there continue to be interventions, some people will not get in. I just ask the hon. Gentleman whether he can shortly bring his remarks to a close so that I can get everybody in. Thank you.
Jo White
Thank you, Sir Edward; I will be very quick. I received yesterday a petition from 500 people, so I feel obliged to contribute. Many Hongkongers relocated here, trusting the UK Government’s promise. Does my hon. Friend the Member for Rushcliffe (James Naish) agree that altering the rules after relocation contradicts the spirit in which and the legal ethics under which the route was established?
James Naish
I absolutely agree. My hon. Friend and I worked together at Bassetlaw district council and welcomed a lot of Hongkongers into our community, so I thank her for her support today.
I will now turn much more briefly to Ukrainian humanitarian visa routes. It is 11 years since the beginning of Russia’s illegal occupation of parts of Ukraine, and three years since Russia began its full-scale invasion. Since then, over 200,000 displaced Ukrainians have arrived in the UK under Ukrainian visa schemes. However, there remains no pathway to permanent settlement for Ukrainians in the UK, and time spent under these schemes does not count towards the UK’s 10-year route to ILR. A very recent survey of 3,000 Ukrainians by the University of Birmingham demonstrated that this uncertainty is having a deep, emotional and practical toll on that important group.
Like many hon. Members here, I am proud that my constituents continue to support the Ukrainian war effort. In my recent survey, 87% of them said that they support this Government’s continued iron-clad support for Ukraine. I know that many of my constituents would like that support to be reflected in our approach to Ukrainians living in the UK, too. I therefore hope that the Home Office will fully explore how it can enhance the existing Ukrainian visa schemes to provide a route to ILR for Ukrainians deeply embedded in the UK. After all, some Ukrainian children have now spent far more time in the UK school system than the Ukrainian one, and more time speaking English with their friends than Ukrainian. Both Ukrainian adults and children have built vital support networks that they will require as their country is slowly rebuilt, and they should not be forgotten.
I am proud of the BNO and Ukrainian communities in my constituency. In Rushcliffe, Hongkongers and Ukrainians are working in our NHS and care homes, starting businesses, volunteering in community groups and enriching our cultural life. The UK is better off because they chose to come here. I believe that this House recognises their contribution, and I am confident that colleagues will continue to work together to advocate for them. We must ensure that the small print genuinely reflects the spirit of welcome and protection expressed by Ministers, rather than inadvertently undermining it. I look forward to colleagues’ contributions and the Minister’s response.
Several hon. Members rose—
James Naish
I thank the Minister for his response and for the many issues he has dealt with. In the remaining 45 seconds, I want to say that we in this Chamber all recognise the challenge that the Government have in balancing illegal and legal immigration. It is an immense challenge, but the tone today has reflected the fact that we collectively see humanitarian visa routes as distinctive, important and reflective of our values as a country—who we are and who we want to be as a nation. I therefore welcome the contributions of 14 Back Benchers from across the United Kingdom, and I hope that those listening feel reassured that this House will continue to stand for fairness and dignity, and for the UK being a place of sanctuary.
Question put and agreed to.
Resolved,
That this House has considered the potential impact of immigration reforms on humanitarian visa routes.