Key Takeaways
- 34 Labour MPs have raised concerns about the potential consequences of changes to permanent residency requirements in the UK
- The changes, announced in November, include a new requirement for an "upper intermediate" level of English and a minimum salary of £12,570 per year for three to five years
- The MPs are concerned that these changes could prevent Hong Kongers who were granted British National Overseas (BNO) visas from acquiring settled status after five years in the UK
- The changes could also affect other humanitarian visa routes, undermining the intent of these schemes
- The MPs are calling on the government to ensure that the new requirements are not applied retroactively to BNO visa holders and to recognize other contributions, such as volunteering and caring responsibilities
Introduction to the Issue
Dozens of Labour MPs have called on the government to ensure that changes to permanent residency requirements do not pull support for Hong Kongers and others on humanitarian visas. The 34 MPs have written to migration minister Mike Tapp to express their concerns about the potential adverse consequences of the changes, which were announced in November. The changes affect the rules for indefinite leave to remain (ILR), which allows migrants to live, work, and study permanently in the UK and eventually acquire British citizenship. The MPs are particularly concerned about the impact of the changes on Hong Kongers who were granted BNO visas after fleeing a crackdown by Beijing.
Concerns About the Changes
The MPs are concerned about two main aspects of the changes: the new requirement for an "upper intermediate" level of English and the necessity to have earned more than £12,570 per year for a minimum of three to five years before being able to apply for ILR. They argue that these requirements could prevent many Hong Kongers from acquiring settled status, even after waiting five years. The earliest Hong Kongers who came to the UK on a BNO visa will become eligible to apply for ILR from March 2026, and the MPs fear that they could be locked out of attaining ILR due to the new requirements. The MPs also point out that certain groups, such as pensioners, disabled people, young adults, and homemakers, will struggle to meet the minimum salary requirements and could be denied ILR as a result.
Impact on Hong Kongers
The changes to the permanent residency requirements could have a significant impact on Hong Kongers who were granted BNO visas. Many of these individuals have already made significant sacrifices to come to the UK, and the prospect of being denied settled status after five years could be devastating. The MPs argue that the UK has a historic duty to Hong Kong and that it is essential to ensure that the new requirements do not undermine the intent of the BNO visa scheme. Research conducted by Labour MP James Naish found that if the new English requirement was rolled out rigidly, only 8% of BNO visa households would be able to fully access ILR after five years in the UK. A further 43% of BNO households would have no members eligible for ILR.
Calls for Action
The MPs are calling on the government to take action to address their concerns. They want the government to ensure that the new requirements are not applied retroactively to BNO visa holders and to recognize other contributions, such as volunteering and caring responsibilities. The MPs also argue that the Home Office should continue to recognize a degree taught in English at a UK university as meeting the proficiency in English requirement. The Committee for Freedom in Hong Kong Foundation has also weighed in on the issue, stating that the UK must honour its obligations under the Sino-British Joint Declaration and protect Hong Kongers seeking freedom in the UK. The MPs and the foundation are urging the government to take a more nuanced approach to the changes and to ensure that the rights of Hong Kongers are protected.
Conclusion
The changes to the permanent residency requirements in the UK have significant implications for Hong Kongers and others on humanitarian visas. The 34 Labour MPs who have written to migration minister Mike Tapp are concerned that the changes could prevent many individuals from acquiring settled status, even after waiting five years. The MPs are calling on the government to take action to address their concerns and to ensure that the new requirements are not applied retroactively to BNO visa holders. The issue highlights the need for a more nuanced approach to immigration policy and the importance of protecting the rights of vulnerable individuals. As the UK continues to navigate the complexities of immigration policy, it is essential to prioritize the needs and rights of those who are seeking freedom and protection in the UK.