Border Security, Asylum and Immigration Bill

Lord Kerr of Kinlochard Excerpts

Committee stage
Monday 13th October 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

My Lords, I am grateful to my noble friend Lady Lister of Burtersett for proposing the amendment and for the support that she had from the noble Lord, Lord German, in relation to the contribution that he has made. I shall deal initially with Amendment 186, which was tabled by my noble friend, the noble Lord, Lord German, the noble Lord, Lord Kerr of Kinlochard, and the right reverend Prelate the Bishop of Chelmsford. My noble friend has made a very strong plea to the Government, but I remind her that British citizenship is a privilege, not a right. The requirement for an individual to be of good character is a statutory one, which is considered reasonable and proportionate when assessing whether to grant British citizenship.

As my noble friend knows, the British Nationality Act 1981 provides for the Home Secretary to determine the good character policy. Changes to the policy are at the discretion of the Home Secretary, and the amendment proposed by my noble friend and other Members in Committee seeks to limit that discretion.

I hope my noble friend recognises that the good character policy is compliant with our international obligations, including those under the refugee convention. Guidance on the good character policy is clear that decision-makers have the ability to exercise discretion on a case-by-case basis. This includes disregarding immigration breaches if it is accepted, and I think my noble friend accepted this, that they were outside the applicant’s control—for example, if the person was a victim of modern slavery or trafficking or if they had entered illegally when they were a child. I argue that an explicit exemption in legislation is not necessary, as the existing policy guidance already provides flexibility.

My noble friend asked why we brought this in. The good character requirement is set out in the British Nationality Act 1981. Each citizenship application will always be considered on its individual merits, and the Secretary of State may choose to apply discretion to grant citizenship on an exceptional basis where there are exceptional, compelling or mitigating circumstances, or where it is necessary for us to comply with our international obligations. Small boat crossings and other dangerous journeys to the UK put lives at risk and undermine our border security. The change to the good character policy is part of the Government’s strategy to strengthen the asylum and immigration system, ensuring that those rules are respected and enforced. There is a legal basis for that, and discretion for the Secretary of State accordingly.

Amendment 191 was tabled by the noble Lords, Lord Davies, who is not currently in his place, but I will continue to address his amendment. It places specific conditions on those applying for permission to enter, stay or settle in the UK, and removes the Secretary of State’s discretion to grant leave outside the Immigration Rules. The Government recognise and value the contribution that legal migration makes to our country and believe that the immigration system needs to be properly controlled and managed.

The immigration system controls access to benefits already. The policy of no recourse to public funds is a long-standing principle adopted by successive Governments. Most migrants will become eligible to access public funds only at the point when they gain settlement. The expectation under our current policy is that temporary migrants coming to the UK should be able to maintain and accommodate themselves without recourse to public funds. This approach reflects the need to maintain the confidence of the general public that immigration brings benefits to our country rather than costs to the public purse.

There is an ability to apply for the condition of no recourse to public funds to be lifted. This relates to the safeguards that exist to protect the most vulnerable in certain circumstances. I say to the noble Lord, Lord Davies, that this is not the correct legislation for a debate about the requirements for visas and settlement. We set out our plans to restore control over immigration in the White Paper.

I turn briefly to Amendment 196, which was also tabled by the noble Lords, Lord Davies and Lord Cameron of Lochiel. It proposes to restrict settlement in the UK to a handful of economic routes and to partners of British citizens, and to set the qualifying period for settlement at 10 years. Although settlement in the UK is a privilege, not an automatic entitlement, the immigration system needs to account for people in a range of circumstances beyond those specified in this amendment.

The expectation is that people should serve a period with temporary permission before being eligible to apply for settlement. There is currently a range of periods of time that people need to spend in the UK before they can qualify for such settlement. Most of these are five years, with shorter periods for exceptional work routes and longer 10-year qualifying periods where, for example, we require people to demonstrate close ties with the UK over a longer time. There are also exceptions in place for the most vulnerable, which this amendment does not recognise. The provisions for settlement are set out in the Immigration Rules, so again I tell the noble Lord, Lord Davies, that this is not the correct legislation for a debate about the requirements for settlement.

What we are looking to do with the Bill is strengthen our borders, go after smuggling gangs—which have caused much damage to migrants’ lives already—and secure our borders from systematic abuse. However, noble Lords will have seen that the Government have set out proposals for earned settlement within the immigration White Paper. As part of this, we will set a baseline qualifying period of 10 years for settlement in the UK, with the possibility of settlement being gained earlier based on contribution or skills. That will be subject to consultation later this year—I hope that will assist my noble friend Lady Lister—if people wish to express particular views, not just in this House but elsewhere. That consultation will be produced later this year.

Amendment 197, which the noble Lords have also tabled, would automatically revoke settlement in a wide range of circumstances, including where a person’s income falls below £38,700. I suggest to the noble Lord—I hope he takes this in the spirit in which I put it—that the amendment is unworkable and would lead to injustice. Let us give an example of a situation where a person relies on the benefits system for a very short period but has paid tax and national insurance contributions for decades. The amendment, if passed and in legislation, would mean that that person would have their settlement revoked. I do not think it can be fair that a short period of unemployment might well lead to the revocation of settlement.

I should note that most migrants become eligible to access public funds only at the point at which they gain settlement—namely, indefinite leave to remain. A migrant’s access is subject to the same eligibility criteria as any other claimant, including the need to be habitually resident, meaning that they will have made the UK their home in addition to having a legal right to claim benefits. Furthermore, provisions also exist to invalidate any leave granted to a foreign criminal who has been made the subject of a deportation order. Where a deportation order is not made, settlement can be revoked for acts of criminality, such as deception or fraud in obtaining a settlement, as well as other significant non-conducive reasons. Settlement, of course, can also be revoked where a foreign national is liable to be deported but cannot be because of the UK’s obligations under the ECHR or the refugee convention.

So, in summary, the Government are fully committed to making our communities safer by deporting those who break our laws, but, for the reasons I have outlined, I respectfully ask that my noble friend and the noble Lords, Lord Davies and Lord Cameron of Lochiel, do not press these amendments now. Obviously, we can, if they wish, return to them on Report.

[Lord Kerr of Kinlochard (CB)]

The noble Lord referred to the extension to 10 years of the period of waiting on indefinite leave to remain while seeking citizenship. That does not, I hope, apply retrospectively to people arriving now—people who came in on the understanding that the waiting period would be five years. I hope the Minister can confirm that, for them, the waiting period will still be five years.

[Lord Hanson of Flint (Lab)]

The proposals will be set out shortly, subject to consultation. I hope the noble Lord can await that formal consultation on those proposals.