Immigration and Asylum Bill (Eighth sitting)

Siân Berry Excerpts

Tuesday 20th October 2026 Public Bill Committees

Core protection: regulations about protection status and protection claims

[Siân Berry (Brighton Pavilion) (Green)]

I beg to move amendment 75, in clause 21, page 19, line 19, at end insert—

“(2A) In making regulations under subsection (1), the Secretary of State must have regard to the need to safeguard and promote the welfare and best interests of any children in respect of whom a protection claim is made or who are granted protection status.”

This amendment would require regulations under Clause 21 to take into account the best interests of children.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 51, in clause 21, page 19, line 26, leave out paragraph (c).

This amendment would leave out the provision for regulations about protection status and claims to confer rights or impose obligations on a person.

Amendment 52, in clause 21, page 19, line 34, leave out paragraph (e).

This amendment would leave out the provision for regulations about protection status and claims to make different provision for claims made on Convention or humanitarian grounds.

Amendment 137, in clause 21, page 19, line 37, at end insert—

“(3A) Regulations under subsection (1) which provide for the grant of protection status must provide that, before any further leave to remain is granted to a person with protection status, the Secretary of State must consider whether the person’s removal from the United Kingdom would still breach the United Kingdom’s obligations on the Convention ground or the humanitarian protection ground.”

This probing amendment would require regulations to provide that a person’s continuing need for protection is considered every time their protection status comes up for renewal, rather than only in targeted cases.

Amendment 53, in clause 21, page 19, line 38, at end insert—

“(3A) Regulations under subsection (1) must provide that a person granted protection status—

(a) must be given an initial grant of leave to remain of not less than five years, and

(b) must be eligible to apply for indefinite leave to remain after holding protection status for five years.”

This amendment would mean that people granted protection status would also be given an initial grant of leave to remain for at least five years, with the ability to apply for indefinite leave to remain after five years.

Amendment 54, in clause 21, page 19, line 38, at end insert—

“(3A) Regulations under subsection (1) must provide that close family members of a person granted protection status are able to apply for leave to enter and remain in the United Kingdom.

(3B) For the purposes of subsection (3A), ‘close family members’ include—

(a) a person’s spouse, civil partner or unmarried partner; and

(b) any child, including adopted child, of the person who is either—

(i) under the age of 18, or

(ii) over the age of 18 but dependent on the person.

(3C) Regulations described in subsection (3A) must not require the payment of any fee, charge or immigration health surcharge, nor impose any minimum income, maintenance, accommodation or financial requirement.”

This amendment would require regulations to allow close family members of people granted protection status to apply for leave to enter and remain in the United Kingdom, without having to pay any fee.

Amendment 74, in clause 21, page 19, line 38, at end insert—

“(3A) Regulations under subsection (1) may not make provision which has the effect of making the rights, entitlements or protections available to a person granted protection status more restrictive than those available to a person granted asylum or humanitarian protection before 30 June 2026.”

This amendment would reflect the commitment in the delegated powers memorandum for this Bill that the Clause 21 regulation-making powers “will not be used to reduce the entitlements currently held by refugees or persons with humanitarian protection.”

Amendment 138, in clause 21, page 20, line 32, at end insert—

“(7) Before a draft of the first statutory instrument containing regulations under this section is laid before Parliament, the Secretary of State must publish—

(a) a draft of the regulations, and

(b) a statement of the changes to the immigration rules which the Secretary of State proposes to make in connection with protection status, including—

(i) the period of leave to be granted to a person with protection status,

(ii) the circumstances in which a person’s continuing need for protection will be reviewed, and

(iii) the qualifying period for indefinite leave to remain.”

This probing amendment would require the Government to publish its draft regulations on protection status, together with the proposed Immigration Rules on the length of leave, reviews and the route to settlement under core protection, before asking Parliament to approve the regulations.

Clause stand part.

Government new clause 35—Core protection: protection claims and protection status.

Government new clause 36—Core protection: amendments.

Government new schedule 1—Core protection: amendments.

[Siân Berry]

It is great to have you in the Chair this afternoon, Mrs Barker.

Amendment 75 was tabled to the original clause 21. The Government published amendments on 13 October that removed clause 21 and added new clauses 35 and 36, a new schedule and some additional amendments linked to the new core protection status. However, the issues raised in my amendments 75 and 74—as well as in amendments 51 to 54 tabled by the hon. Member for Harrogate and Knaresborough—continue to be relevant to this debate.

Amendments 75 and 74 are focused on the broad nature of the powers in relation to conferring rights and obligations or requirements on someone with or claiming protection status. That was set out in clause 21(3)(c) and is retained in subsection (3)(c) of Government new clause 36. My concerns remain relevant, as I said. I will not press my amendments to a vote, but the Government need to consider those issues seriously and respond to my points.

Government new clause 35 will remove clause 21(6)—the sunset clause—which limited the time period for regulations to be made under the clause to one year after the Bill comes into force. New regulations can therefore be made indefinitely under that new clause, and I would like the Government to justify that change.

Amendment 75, which was tabled to the Bill as introduced, sought to ensure that regulations must have regard to the best interests of a child. No child rights impact assessment has been produced on any aspect of this corporate action model, despite the fact that the shortening of refugee leave to 30 months already applies to children and families seeking asylum for over six months.

The amendment would make sure that, before making regulations, the Government look properly at the impact of corporate action, including the short periods of leave and the long route to settlement in this—I think downgraded—protection status. I am particularly worried about this in relation to the ability to settle, make family life and all the kinds of rights that children have. When the Government do this, they need to pay particular attention to the Home Office’s legal duties under section 55 of the Borders, Citizenship and Immigration Act 2009. Applied to children and young people, corporate action and the 20-year route will undermine children’s well-established need for stability, particularly refugee children as they recover and rebuild their lives following what is probably life-changing trauma and distress.

In addition, repeated immigration status reviews and uncertainty around long-term residence will drive avoidable school and college moves as families are forced to relocate at short notice or potentially lose housing as a result of insecure employment status and other impacts of this shorter period of leave and the resulting uncertainty. For children, each move disrupts attendance and their ability to get pastoral or potentially special educational support. It can set back attainment or harm social integration, particularly at a stage when continuity is most important for children and young people. Temporary leave cycles and renewal windows are inevitably going to risk coinciding with exams, including GCSEs, highers, A-levels and vocational assessments. Anxiety about imminent status decisions could undermine revision and therefore exam performance, and in some cases, young people facing disruption will miss exams completely. This must be looked at very closely.

I also want the Government to think about children who are getting ready for higher education; they are just about to become adults and are potentially looking to study in this country. Unstable status also makes it harder for young people to secure home fees and student financing. Short grants of leave could push refugees into the overseas fee category for a long time or leave them ineligible for maintenance support. The rights of children growing up in this country would be impacted because they would have university access and progression closed off to them. They might be forced to defer going to university, which might stall their integration into the community or harm their earnings potential.

I do not think that any of those impacts are in the public interest, and I want Government to at least commit today to conducting a child rights impact assessment that will look at all of these things in part 3 of the Bill before Third Reading—and certainly before any of the regulations in this part are made.

Amendment 74 would ensure that there was no regression of rights and entitlements. It is needed because the broad regulation-making powers contained in clause 21 currently have very few limitations on scope. The delegated powers memorandum says that the powers will not be used to reduce the entitlements of refugees, and this amendment would seek to reflect that by requiring that they do not reduce rights and entitlements below what was in place on the day that the Bill was introduced. The amendment merely reflects what the Government have said their intentions are: in part 48 of the delegated powers memorandum, the Government state that the measure will not be used to reduce

“the entitlements currently held by refugees”

or persons with humanitarian protection.

The amendment seeks to reflect this commitment in the Bill: that people who have already been granted protection status before the Bill is introduced retain the rights, entitlements and protections that currently exist. That would include family reunion with no additional eligibility criteria and a five-way pathway to settlement, if interpreted correctly according to what the Government have said. That clarity is very much needed for refugees who are currently in the UK and need certainty of their situation so that they can focus on developing their life in this country—integrating, earning and all the things that will help their family life and their children.

I have a question about a particular part of new clause 35. I welcome the detail in schedule 1 and I appreciate having it at this stage so that we can scrutinise the Bill. However, part 7 of new clause 35 gives the Secretary of State the power to

“revoke a person’s protection status.”

That is literally all it says. While a whole section of the immigration rules covers the situations where a person’s refugee status and humanitarian protection can be revoked, on the face of this Bill, the Government are creating a very broad ability to revoke that status, which is currently unconstrained. Why are the Government not listing suitable uses of that power on the face of the Bill?

This issue is particularly relevant because in the last few weeks other parties—not represented on this Committee—have announced their desire to revoke the right to asylum and revoke refugee status for some who have already found protection in the UK. The Government rightly stood up for the right to asylum and stood against those proposals. It would be good to have that on the face of the Bill, so that we have better protections against the risk of the power being taken over by another party or future Home Secretary who would abuse it. I would like the Government to clarify that.

Finally, it would be useful to hear how the Minister believes the change in new clause 35 will simplify decision-making processes since we have heard in oral evidence that the convention grounds cannot be done away with. Merging them with what had previously been known as the humanitarian protection grounds is potentially complex and confusing for people. Will the Government clarify how people will be told on what grounds they have been granted protection, in order to make sure that the Bill is very clear?

[Tom Gordon (Harrogate and Knaresborough) (LD)]

I will speak to my amendments 51 to 54. I have a number of questions that I hope the Minister will be able to answer and give more clarity and certainty on.

On amendment 51, part 3 gives the Home Secretary a very broad power to make regulations introducing core protection. The delegated powers memorandum says it is to bring the statute book in line with the new definition of protected status, but clause 21(3)(c) lets regulations confer rights and impose obligations on those claiming or holding protection, and clause 21(3)(e) lets them treat convention and humanitarian grants differently. In my view, that goes well beyond updating definitions. Could the Minister explain that?

If the powers are to deliver entitlements in restoring order and control statements, which is obviously the 30-month protection, 20-year route to settlement, no family reunion, new work and study route, then Parliament should see them during the passage of the Bill. Changing refugees’ entitlements matters for how they rebuild their lives and integrate, and for the wider points around the economy and social cohesion. That needs proper scrutiny, not a negative procedure SI.

In reference to amendments 51 and 52, if regulations will change entitlements and obligations, can the Minister set out what exactly those changes will be? If not now, will they be set out before the Bill leaves the Commons? How will those changes meet the desired outcomes and will there be further impact assessments to understand the implications of them?

Amendment 53 is about the five-year leave and settlement. Since March 2026, refugees have been granted 2.5 years instead of five. The Home Secretary insists on a minimum 20-year route to settlement, up from five. Amendment 53 would restore an initial grant of at least five years and eligibility for settlement after five years. Reviews every 30 months and a settlement route that feels out of reach makes it harder to focus on learning English, training and work. People invest in their future when they know that they have one here. The Refugee Council estimates there will be up to 1.1 million reviews in the first decade, at a cost of up to £725 million. That would add additional pressure to the Home Office, which cannot yet decide claims well the first time. The Government say that they were inspired by Denmark, but in some ways it is far more restrictive. Most of Europe grants around five years and then settlement, but Denmark allows settlement after eight years for restricted conditions.

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The hon. Lady talked about revoking status and asked whether we are giving the Home Secretary a freestanding, unconstrained power to revoke protection status. New clause 35 includes provision for the Home Secretary to revoke protection status, alongside provisions to grant or refuse protection status in the first instance. The revocation of protection status links directly with the right of appeal under section 82(1)(c) of the Nationality, Immigration and Asylum Act 2002. The circumstances in which protection status may be revoked will continue to be set out in our immigration rules as usual, and will remain based on our international obligations. Protection status will be revoked where it is established that it was obtained by fraud or misrepresentation, the person has acquired the protection of another country or has re-availed themselves of the protection of their country of origin, or there has been a significant and non-temporary change in either personal or country situation that means they no longer qualify for protection.

[Siân Berry]

I would like further clarity on why those grounds—the reasons for which revocation could be made—which the Minister read out very clearly, are not simply added to the Bill at this point to make the situation incredibly clear.

[Anna Turley]

I appreciate the hon. Lady’s question. The reason is that immigration rules are not normally put on the face of primary legislation. It would be unusual to do that on the face of the Bill. I can clarify that shortly with the hon. Lady, but that is my understanding of why this is not on the face of the Bill—because it is done through the usual route of immigration rules.

The hon. Lady asked what applicants will be told and how this will support those going through the process in simplifying their decision making. The decision-making process will be simplified in all decisions that would not currently be a grant of refugee status, because they will no longer refuse refugee status and then go on to separately consider serious harm. Instead, a single decision on risk on return will be made. Officials are already working with non-governmental organisations in the sector to identify the precise wording most appropriate in a new grant letter.

The hon. Member for Harrogate and Knaresborough asked what the 30-month renewal will involve. We are committed to ensuring that our policies are sustainable and do not place unnecessary burdens on the taxpayer, and this policy is no different. In terms of resources and processing, only those who do remain on core protection will have their protection needs regularly reviewed. Reviews will be targeted based on objective country information and any other new information that comes to light, allowing us to make the most efficient use of resources. We will continue to monitor staffing levels and will deploy our workforce flexibly, subject to business needs, as we have done in the past. The approach to reviewing status will be efficient and targeted, and we will reassess where country conditions or personal circumstances change.

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[Anna Turley]

I appreciate the hon. Gentleman raising that point. He will understand that this decision making is part of the core business for the Home Office. I can come back to him during the Committee with more specific detail on what that process will look like, but it is important to reassure him that we will continue to monitor our staffing levels and deploy our workforce flexibly, subject to business needs.

[Siân Berry]

It is important to know whether the 30-month process will be more like a simple renewal—like me renewing my TV licence or something like that—or whether it will be a reinterrogation of the person seeking protection all over again? Will the onus be on the Government to say, for example, that a country has suddenly become safe, that there has been a new Government, that major changes have occurred and, therefore, that we will look more closely at a number of cases, but that in countries where the situation has remained the same, we will not be looking in depth? How simple the process will be is really bothering people. Having all their circumstances reinterrogated and having to prove themselves over and over again is something people have learned to expect from the Home Office. It is up to the Minister to reassure us on this point.

[Anna Turley]

I appreciate the hon. Lady raising that point. I was intending to come to it; she will be pleased to know that I still have quite a lot to get through in my speech. To reassure her, individuals will need to meet the relevant suitability requirements for ongoing permission to stay. If someone is convicted of a criminal offence that meets the relevant thresholds, they will be excluded from protection and will not be eligible for core protection. If there has been a significant and durable change in their country’s situation or a change in their personal circumstances, their ongoing need for protection will be reviewed. For anyone who has returned to the country of persecution or serious harm, or obtained a national passport, their circumstances will be reviewed. I hope that that gives the hon. Lady a degree of clarity, but I am happy to go back and clarify that in more detail during the Committee—I can see that it would mean a lot to both her and the hon. Member for Harrogate and Knaresborough.

Amendments 53 and 54, tabled by the hon. Member for Harrogate and Knaresborough, would revert to the previous position of granting five years’ leave to remain to refugees and placing them on a five-year route to settlement, and would allow automatic entitlement to family reunion. In recent years, the number of people seeking protection has significantly increased, placing unprecedented pressure on housing, public services and communities across the UK. From 2004 to 2020, between 22,000 and 46,000 people were claiming asylum in the UK each year. However, there has been a huge increase since the second half of 2021, reaching a peak of 110,000 in the year ending September 2025. Although the numbers of people claiming asylum fell to 85,891 in the year ending June 2026, it still remains high compared with levels seen in the decade to 2021.

I know that many of our constituents have huge concerns about fairness, how the system operates and whether it supports those who truly need protection. That is why the Government published a new asylum policy statement in November last year that set out significant reforms to the UK’s asylum system. Core protection is one of the key elements of the asylum reforms. Under this new policy, protection will be granted for the duration of need and will be renewable where a person remains at risk on return. Greater entitlements, including a shorter period to settlement and a route to sponsor family members, will be accessed by demonstrating contribution to and integration into UK society. Settlement will no longer be automatic. Instead, there will be a 20-year route to permanent residency, crucially with the ability to reduce that period by switching into the protection work and study route to ensure long-term commitment, contribution and integration.

As a first step towards that, the Government changed immigration laws on 5 March 2026. Any adult or accompanied child who claims asylum from 2 March 2026 onwards and qualifies for a grant of refugee status or humanitarian protection will be granted leave for 30 months. At a 30-month review, refugees with a continuing need of sanctuary will have their protection renewed, while those who no longer have a protection need will be expected to return home. The safe return review will consider whether there has been a fundamental and durable change in their country of origin.

We recognise that, when a country situation changes, not everyone will be safe. Of course, as occurs now, individual circumstances will be taken into account, and each case will be assessed on its own merits. The overthrow of one political party in favour of another might only be transitory. The changes must be such that the reasons for becoming a refugee have ceased to exist and there are no other reasons for an individual to fear returning to their country.

[Siân Berry]

For clarity, will the onus be on the Government to prove the change, or will it be like reapplying from scratch each time? Again, my casework shows that we are more used to the Home Office asking for chapter and verse from the applicant each time. If the Minister is prepared to promise that it will be for the Government to prove changes, that would mean a lot to many people listening.

[Anna Turley]

The hon. Lady pre-empts my next paragraph. To clarify for her, once the individual acquires protection status, the burden of proof is on the Home Office to demonstrate that protection is no longer required. It will be us who will demonstrate that; it will not be for the claimant to make another asylum claim, unless there are new grounds that have not been raised before. Any decision to revoke protection status will continue to have a right of appeal. As always, we will continue to uphold the fundamental principle that we will not return anyone to a country where they are at risk.

Refugees with a continuing protection need will have to wait 20 years for settlement unless they switch to protection work and study as part of the core protection model. A new, bespoke work and study route will allow access to family reunion and settlement rights, with new fees and conditions in accordance with the rules of that route. That will enable refugees to earn down the length of time before they can settle in the UK, and demonstrate that they are contributing to the UK and can support their family before they may bring their partner and children over. Further details will be set out in future immigration rule changes. This route will not include a safe return review.

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As I outlined earlier, the Government will vote against clause 21 as it currently stands, as it is our intention that it be directly replaced by Government new clauses 35 and 36 and new schedule 1. I ask that the Committee vote in the same way, and I commend the new clauses and new schedule to the Committee.

[Siân Berry]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 21 disagreed to.

Ordered, That further consideration be now adjourned. —(Jade Botterill.)