Immigration and Asylum Bill (Sixteenth sitting)

Tom Gordon Excerpts

Committee stage
Tuesday 3rd November 2026 Public Bill Committees

[Anna Turley]

I promised Committee members that they would not have long to wait; I hope that they have been able to spend time absorbing the changes announced by the Home Secretary yesterday. New clause 49 would require the Secretary of State, within six months of the passing of the Act, to introduce a 10-year qualifying period for indefinite leave to remain applications for holders of the visas set out in the new clause, and for the partners, parents or dependants of a person who holds UK citizenship. The new clause would also introduce eligibility requirements relating to access to social protection, income and criminality. I thank the right hon. Member for Croydon South (Chris Philp) and the hon. Member for Stockton West for tabling the new clause.

For the sake of hon. Members who could not attend the Home Secretary’s statement yesterday, or tune into the media round this morning, I will provide an overview of what was announced. Under the previous Government, who promised time and again to bring down net migration, the number of people migrating to the UK exploded, placing untold pressure on local communities and public services across the country. In 2023 alone, nearly 1 million people arrived in the UK—comparable to the entire population of Estonia, of nearly two Manchesters, or of Devon. In just four years, the same number of people arrived in the UK as had done in the previous four decades.

In the face of such abject loss of control, this Government had to act. I remind Opposition Members that the Conservatives were in power for a substantial amount of the time during which the increase in migration happened, so they had plentiful opportunity to introduce the changes to ILR and settlement that they want to see. This Government have had to act rapidly to try to protect people from the surge that happened in the last four years of their Government.

As the Home Secretary laid out, when formulating the reforms, the Government’s principle guiding factor was fairness: fairness for those who came here legally to play their part, and fairness for British citizens, who should not be asked to bear a greater burden. As I have reiterated throughout the Committee’s scrutiny, we have a proud history of welcoming those who are wholeheartedly and sincerely looking for a better life, and who have something to contribute, but we must acknowledge that that requires something back. Individuals who come here must play their part, contribute to the community and become part of our national life. That is not just necessary; it is right. If we are to ask our fellow citizens to buy into a system of shared taxation and universal public service, they must know that everyone is contributing their fair share.

Under the current settlement system, it is predicated that an individual becomes eligible for settlement when they have been in the UK for five years. Among other things, settlement gives an individual access to free education, to our NHS and, should they fall upon it, the welfare state. Until now, having simply served time—those five years—was enough for people to qualify. As the Home Secretary laid out, the current system does not represent true fairness. Those considerable rights should come after responsibilities are met.

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

The Minister has mentioned fairness a number of times, but the blanket retrospective changes to ILR seem unfair to those who have been working and contributing here. Will she not reconsider?

[Anna Turley]

I am afraid that I completely disagree with the hon. Gentleman. When people come here, it is on the terms of their visa; the terms of settlement are entirely separate. As has been legally tested in court, decisions are made at the point at which a person applies for settlement, not at the point at which they come into the country under different visa regulations. That point is clear. If we had the situation he asks for, we would never be able to change immigration policy, because somebody who is in the country when changes come into place will always be disadvantaged.

As I said, the Home Secretary laid out that the current system does not represent true fairness. These considerable rights should come after responsibilities have been met: after someone has contributed, integrated, and bought into what it means to be British and to have the privilege of living in our wide, diverse community. Settlement should be earned. As the Home Secretary laid out, settlement will now be based on wider contribution, rather than simply time served in the UK.

On new clause 49 specifically, the Opposition will note that under the Government’s earned settlement framework, the standard qualifying period will be 10 years and any form of criminality will be an absolute bar to an individual ever being able to settle. On the other hand, those who contribute most to our communities, through higher earnings, socially important roles and exceptional talent, will be recognised and rewarded through a reduced-rate settlement. These fair and necessary changes are what the public expect from this Government.

As the Government have now announced our reforms to settlement, I ask the hon. Member for Mid Bedfordshire to withdraw his new clause, but I will just respond to his question about when the changes will be made. The regulations will be laid in December this year and will come into force in 2027. He also asked how many people will now be eligible; at the end of the five-year period, 1.4 million people will be. That number is half a million down from the 1.9 million it would have been had we not intervened. Given that, I ask the hon. Gentleman to withdraw the new clause.

Question put, That the clause be read a Second time.

--- Later in debate ---

I hope hon. Members feel that, while we have not agreed with amendments on the face of the Bill in this legislation, there have been many areas where we have had a lot of issues to think and reflect on. I know those areas will continue to be reflected on, not just through the course of this Bill, but also through the secondary legislation that follows and through our further policy making.

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

Will the Minister give way?

[Anna Turley]

I will indulge the hon. Gentleman one final time.

[Tom Gordon]

I will relay the Minister’s remarks to my hon. Friend the Member for Wimbledon, and I echo her sentiments and those of the Opposition spokesperson about the way in which this debate has been conducted throughout.

[Anna Turley]

I thought the hon. Gentleman was going to pose another devastating challenge. I hope hon. Members feel the intentness with which we listened and absorbed the discussion and debate. Many things from this Committee will influence a lot of our thinking.

To conclude, I just want to say a few more things on the Bill. We are proud of the protection that we provide in this country to those fleeing war and terror. However, we also know we must bear down on abuse and restore order and control to our borders. This Bill provides protection to those in need while bearing down on abuse of the system. It ensures swift and fair decisions, giving sanctuary to those in need while removing those with no right to remain. It provides robust legal protections while tackling abuse of human rights laws. It ensures that the right to support comes with responsibilities and expectations on those who receive it.

Abuse of our system is eroding public support for the very idea of providing asylum at all. This Bill ensures that our asylum system is fit for the modern world, and earns the consent of the British people, who are open, tolerant and generous, but rightly expect that we restore order and control to our borders.