Indefinite Leave to Remain

James Naish Excerpts

Monday 2nd February 2026 Westminster Hall

[Gareth Thomas]

I very much agree, and I add that surely we have a responsibility to stand with refugees fleeing appalling conflict, including those from Ukraine, and those fleeing increasingly authoritarian regimes such as those from Hong Kong.

[James Naish (Rushcliffe) (Lab)]

Will my hon. Friend give way?

[Gareth Thomas]

Forgive me; I have taken one intervention already.

Overwhelmingly, migrants from Pakistan, the Caribbean, India, Sri Lanka and across Europe—wherever they are from—have benefited my constituency. Are we sure we want to lose those vital workers from crucial public services, such as the NHS or social care?

International students make a positive contribution to our economy and our country, too. I am certainly proud of the many Indian students who were attracted to the UK and who live in my constituency, and I do worry for our universities. The fees of international students helps to fund research. Cutting-edge universities in Britain need to attract international students, so we should not demonise those students who come here, and drive them towards other countries’ universities. I recognise that the choices before my hon. Friends in the Home Office are not easy, but I urge them none the less to recognise the particular responsibility we have to those who are already here and are already on the ILR pathway.

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[Kirsteen Sullivan (Bathgate and Linlithgow) (Lab/Co-op)]

It is a pleasure to serve under your chairship, Ms Lewell.

Although 116 people in my constituency have signed the petitions, the story of one constituent—I will call her Jill—stuck with me. It is a story of anxiety and uncertainty for Jill, who works in social care on a health and social care visa. She described the reality that many face: low pay, unsafe workloads and a fear that speaking up about conditions at work could put her visa at risk. She made the point that those pressures have been pushing people to breaking point across the country for years. She captured exactly why this issue matters.

People like Jill moved here in good faith. They brought their families. They got jobs in health and social care roles, filling the critical gaps that we have in the workforce. They are contributing to society and dutifully paying their tax. Now the goalposts are potentially being moved. Will the Minister commit to protecting those already on the five-year route to indefinite leave to remain from retrospective changes? For workers like Jill, settlement is not just a petition or debate; it is whether they can plan a future in the country for which they are helping to care, whether they will have to uproot their families and leave the homes where they have created connections and communities, whether they can speak up about unsafe conditions without fear and whether their financial and emotional sacrifices will ever lead to the security they were promised.

Many on this route organised their lives around the existing five-year pathway.

[James Naish]

Will my hon. Friend give way?

[Kirsteen Sullivan]

In the interests of time, I will not.

Those people budgeted for visa fees, planned family life and made long-term decisions on the understanding that after five years they could apply for settlement. Extending that to 10 years means five more years of uncertainty and thousands of pounds in additional costs. For families, it means children growing up with prolonged insecurity and uncertainty. For workers, it means remaining tied to temporary status for a decade, severely limiting their bargaining power at work. For our public services, it risks driving away exactly the people we can least afford to lose.

I am not arguing that immigration policy can never change; I think most people here agree that it can and must change. However, there is a fundamental issue of fairness when changes are applied to people who are already here, already contributing to local and national economies and our public services and already well along a pathway that was clearly set out to them. We should not and must not pull the rug from under them now.

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[Mr Forster]

I thank my hon. Friend for highlighting that issue. She is a strong advocate for children and families, and she is right to highlight how the Government have not thought this policy through. It has a disproportionate impact, particularly when childcare costs are so significant. I will come on to talk about the unacceptable changes to the income thresholds.

As I said, the Liberal Democrats and I oppose the changes, which move the goalposts and change the rules of the game after we have kicked off. They go against the fundamental British value of fairness. I thank the organisers of the two petitions and all those who signed them, including and especially the 218 and 444 of my constituents in Woking.

The Government’s consultation document states that from April 2026, anyone who does not have ILR status—even if their application is going through the process—will be affected. That is subject to the final outcome of the consultation, which invites views on whether there should be transitional arrangements to exempt some people already in the UK. The Government press release suggests that such arrangements might be considered for “borderline cases”. Will the Minister expand on that, and perhaps explain, without the use of euphemism or vague language, what it means in practice for our constituents? We owe it to the people of Hong Kong, Ukraine and other war-torn parts of the world who have sought refuge in Britain to respect their wish to take part in our society and allow them peace of mind to plan for the long term.

[James Naish]

The hon. Gentleman mentions Ukraine. Obviously, most Ukrainians will not be eligible for ILR as we are discussing it, and this may be an area where we do need rule changes. A lot of young people who have come over from Ukraine with their families will now know nothing other than our education system and our ways of life. Does he agree that it would be good if the Minister looked carefully at the approach we take with Ukrainians?

[Mr Forster]

I agree with the hon. Gentleman, and I will talk a bit more about Ukraine in a minute. I thought I would be generous to him, compared with some of his colleagues, who were a bit less keen to hear from him this evening—a little more cross-party working is in order.

I want particularly to talk about Hongkongers. Several elements of the earned settlement proposals are causing serious concern for the Hong Kong community in my constituency, in particular vulnerable BNO families and young Hong Kong pro-democracy activists who have been forced to seek asylum here. Many BNO arrivals are full-time students, retirees, stay-at-home parents—as my hon. Friend the Member for Twickenham (Munira Wilson) mentioned—or family carers who do not meet the conventional salary thresholds. Any new sustained or measurable economic contribution test or minimum income rule risks permanently excluding those entirely legitimate residents, who are already fully integrated into our communities and contributing to British society.

Tens of thousands of BNO visa holders will reach the five-year point and be eligible for settlement in 2026. It is appalling that that is the point that the Government have chosen for the rules to come in. A sudden increase in the language requirement to B2 level without adequate notice or transition arrangements will throw many of those vulnerable individuals off balance and deny permanent status to people who have lived, worked and put down roots here for a decade. That would be yet another betrayal of Hongkongers, after the Government’s recent approval of the Chinese mega-embassy.

The hon. Member for Rushcliffe (James Naish) mentioned Ukraine. The Liberal Democrats urge the Government to take necessary steps to provide Ukrainian refugees in the UK with the stability and security they deserve by establishing a clear pathway to ILR. Later this month, it will be four years since the appalling and unwarranted invasion of Ukraine by Russia, and many Ukrainian families have built meaningful lives here, yet their futures remain precarious because of the temporary nature of their current settled status.

Reports suggest that Ukrainians are missing out on job opportunities, loans, mortgages or lease renewals because they do not have a pathway to permanent settlement. Not only does that put them at a material disadvantage, but the pressures of securing housing or financial security under the current visa system put refugees through huge anxiety. Their country is already at war, and it is deeply unfair to put our allies through further stress. The Ukrainian scheme is the only humanitarian scheme that does not include a pathway for settlement. Ukrainians in this country should not be in that position at all. Yes, we need control, but we need to have a fair and robust system, and a frank discussion about who stays and how we support our friends and allies.

The Liberal Democrats are particularly concerned that elements of Labour’s proposed changes to ILR risk adding unworkable red tape for businesses and for people who came here legally, undermining integration and damaging our economy. Britain is already becoming a less competitive place for science and innovation. The five-year global talent visa now costs £6,000—around 20 times more than in our competitor countries. Cancer Research UK alone spends almost £1 million a year on visas. I know where I want its money being invested, and it is not in visas for the Home Office. Any changes aimed at control must go hand in hand with a serious plan to boost domestic skills and get more people into the jobs that our NHS, social care system and economy desperately need.

Before I come to my asks for the Minister and a summary, I want to mention the elephant in the room—or not in the room. Where are the Reform Members? They are missing yet another debate on immigration. The Government want to change ILR requirements to look tough on immigration because they are running scared of Reform. I urge the Minister and the Government to speak up for our immigrant communities, highlight the benefits of immigration and agree that our constituents are much more likely to be seen by an immigrant in the NHS than to be behind one in the queue.

What assessment has the Minister made of the economic costs and the social costs of these changes? Does he think they will make Britain a more competitive place when it comes to securing the workforce on which our NHS and social care system are so dependent? Has he considered how they may damage community cohesion and integration? Does he agree that retrospectively extending indefinite leave to remain, without the provision of any specific transitional arrangements, will hurt the many hard-working members of our society who have played by the rules and contributed greatly to our economy and culture?

Since taking office, this Government have performed many U-turns on high-profile issues, whether because they are financially foolish, morally wrong, or impossible to deliver because of a political rebellion. Unfairly and unreasonably changing the ILR rules retrospectively would meet all three of those reasons. I urge the Minister to announce today that the changes will not be retrospective, so that immigrant constituents of mine, his and everyone else in the room who have served our communities and fled conflict can sleep soundly at night without worrying about their future. That is what the Minister can do this evening. I urge him to do it.