Barry Gardiner

Barry Gardiner

Labour — Brent West

Speaking in the House of Commons on 2 February 2026

Debate

Indefinite Leave to Remain

Contribution

I congratulate my hon. and learned Friend the Member for Folkestone and Hythe (Tony Vaughan) on securing the debate. Legislation should be clear, and the people to whom it applies should know where they stand. Retrospectivity and arbitrary or subjective criteria make for bad law, precisely because they destroy clarity and certainty. Many of my constituents in Brent West are deeply concerned by the Government’s consultation. I welcome the Government’s saying that they will not change the status of those who already have settled status here. To do so, they admit, would be unfair. They say: “These are people who have been in our country for years, or even decades. They have families here…and have been contributing to our society…. Fairness is the most fundamental of British values. We made a promise when we gave those people settlement, and we do not break our promises.”—[Official Report, 20 November 2025; Vol. 775, c. 891.] Ah, but we do break our deals, it would seem. Take the family in my constituency who came lawfully to the UK 16 years ago. They did not meet the requirements for other settlement routes, but after 10 years, they have put down roots: they have had two children, and were earning just enough to apply for the 10-year path to settlement under the long residency rule. So far, this family have paid a further leave to remain application fee of £1,321 per person, plus an immigration health surcharge of £2,587.50 per adult, reduced to £1,940 for their children. That is a total of £14,363—paid not once, but twice, because the fee is due every 30 months. Can the Minister tell me whether next year, when the third payment is due, and having scrimped to save the £28,726 they have already paid, this family should double down and pay the third instalment of £14,363 so that they can go on to make the final ILR fee payment of £12,126? Or will they suddenly find that their pathway has been blocked by a new requirement that one of them cannot fulfil, and that the £43,089 they have already spent is lost, or that the process has been extended so that they continue to pay for another five years under what looks like indentured service? These people, too, have been in our country for years, even decades; they have families here and have contributed to our society. We held out a promise to them, too—that of a 10-year pathway, which now looks more like a road to nowhere except penury.

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