Refugee Citizenship Rights Debate

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Department: Department for Education
Tuesday 1st July 2025

(2 days, 6 hours ago)

Westminster Hall
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Brian Leishman Portrait Brian Leishman
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I thank the hon. Member for his contribution; I can appreciate the political nature of what he has said. Yes, Scotland is a nation, and it has its own unique needs. This is something that both Governments need to collaborate on, to try to thrash out something for the benefit of Scotland.

The United Nations High Commissioner for Refugees has expressed serious concerns about the UK’s updated guidance on the good character requirement for citizenship. It has been clear that the policy risks breaching article 31 of the 1951 refugee convention, which prohibits penalising refugees for irregular entry when fleeing persecution. The lack of clarity from the Government and the presumption of refusal may deter eligible refugees and stateless individuals from even applying for citizenship, especially given the exorbitant cost of applying—British citizenship applications are non-refundable and cost £1,630.

The refugee convention also explicitly requires states to facilitate, as far as possible, the naturalisation of refugees and stateless persons. That is a particularly interesting article, because not only is the UK a signatory to the treaty, but the British Government of the day are widely credited with incorporating the article into the convention. Not only are we abandoning our international obligations; we are abandoning the very international obligations for which the UK historically advocated.

This policy change undermines the very values of cohesion, unity and fairness that the UK aspires to uphold. It denies people who have sought protection from us the dignity and security of citizenship. I want to see a system that welcomes refugees not as second-class residents but as full members of our society, with the rights and recognition they deserve as human beings. Before my final questions to the Minister, here are the thoughts and feelings of a young man with refugee status in Glasgow:

“I have lived in Glasgow since 2017, after gaining refugee status the same year. I work and study civil and environmental engineering full time at Strathclyde University. I’ve had indefinite leave to remain since 2022 and was about to apply for citizenship, having already passed the UK life test and English language assessment. These are my thoughts:

Denying people the right to gain British citizenship after waiting for the legally required amount of time and upon gaining indefinite leave to remain is modern-day segregation. It splits people into different classes by keeping some stuck as second-class citizens. Not having the right to be a UK citizen stops me from being equal with my local community. People who have already the UK had no idea that they one day would not be allowed to become a citizen because they were claiming asylum—it feels like you have been targeted.

Throughout my journey, other countries rejected me—Italy gave 48 hours to leave the country, France gave 72 hours to leave the country. Coming to the UK is not necessarily something you can control yourself; it was my only option. However, fulfilling the good character requirements, which are things you can control yourself after entering the UK, should remain important.

This policy completely erases the point of people showing they have good character, and instead rejects us based only on something that I could not control. This new guidance does not encourage contribution to the community, if you are not one day going to be a proper part of the community by being a full and equal citizen.”

I put it to the Government that they should reconsider their stance, in the light of Lords amendment 186 to the Border Security, Asylum and Immigration Bill. First, it would ensure that the good character requirement is not applied in a manner contrary to the UK’s international legal obligations. Secondly, it would uphold the best interests of children by prohibiting the consideration of a child’s irregular entry or arrival. Thirdly, it would remove retrospectivity, to further uphold the rule of law.

An adult’s irregular entry or arrival may be taken into account only to the extent specified in guidance that was published when they entered or arrived in the UK. Previously, the guidance permitted a person to acquire citizenship so long as 10 years had passed since their irregular entry. At present, the guidance applies to someone whether they arrive two months or two decades ago. It cannot serve as a deterrent to people who are already here. It serves only as a penalty and a scarlet letter.

Dawn Butler Portrait Dawn Butler (in the Chair)
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Order. I remind hon. Members that they should bob if they wish to speak.

--- Later in debate ---
Chris Murray Portrait Chris Murray
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The hon. Gentleman and I have debated this issue a lot. I was not debating whether citizenship is a good or a bad thing—I fully believe it is a good thing. My point was that citizens do not get many more rights and entitlements in Britain today than people who are settled. We could have a wider debate about whether that is fine—I think we should—but a lot of things, such as applying to institutions, colleges or universities, or entitlement to benefits, to housing or to vote, are contingent not on citizenship, but on settlement. The distinction on voting depends on whether the person is a Commonwealth citizen or not. My argument is that in Britain, unlike other countries, we do not make a clear distinction between settlement and citizenship. The distinction between citizenship and indefinite leave to remain—settlement—makes little material difference for refugees living in our communities.

That brings me to my second point. There is clearly a case for citizenship reform in this country. It has been decades since we seriously looked at the issue. I welcome the fact that we are having the debate and that the immigration White Paper has kicked off a discussion about the distinction. The system should be managed, controlled and fair. As I said, the real distinction with citizenship is whether the person has been here an extra year or two and whether they can pay the fee. That is how they get citizenship.

However, some people come to this country and work hard, obey the rules, pay loads of tax, volunteer, do good in their communities and make a huge contribution. Some go on to score goals and win medals for us. Other people come here and do not do any of those things. They do not commit a huge offence, but they do not do any of those things. Is it right that the system treats those people just the same? I would argue that we should differentiate between them.

Madeleine Albright’s family fled the Nazis. They came first to Britain, and the question they were asked was, “Okay, you are refugees and are welcome here, but how long until you leave?” Then they went to the US—

Dawn Butler Portrait Dawn Butler (in the Chair)
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Order. I would also like to give Brian Leishman two minutes to wind up.