Indefinite Leave to Remain

Will Forster Excerpts

Monday 2nd February 2026 Westminster Hall

[Mr Will Forster (Woking) (LD)]

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

The Liberal Democrats and I are completely opposed to these sudden and retrospective changes to entitlement to indefinite leave to remain. Families who have worked hard, paid taxes and integrated into British society should not face more years of insecurity and additional costs.

[Munira Wilson]

As well as the uncertainty caused by the extension from five to 10 years of the qualifying period for ILR, many families in my constituency have contacted me with another concern: where, at the moment, one parent stays at home to look after the children, if they are forced to go out to work in order to meet the £12,500 minimum threshold for permanent residence, they will face massive childcare costs. Does my hon. Friend agree that they are right to be concerned?

[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.