Dozens of Labour MPs have called on the government to ensure changes to permanent residency requirements do not pull support for Hong Kongers and others on humanitarian visas.
The 34 MPs say they have “significant concerns about the potential adverse consequences” of changes announced in November to indefinite leave to remain (IRL), which allows migrants to live, work and study permanently in the UK, then acquire British citizenship.
They have written to migration minister Mike Tapp to ask him to ensure new requirements are not applied retroactively to about 200,000 Hong Kongers who were granted British National Overseas (BNO) visas from 2021 by the previous Conservative government after fleeing a crackdown by Beijing.
Of particular concern is the newly announced requirement for “upper intermediate” (B2) level of English, increased from “intermediate” (B1), and the necessity to have earned more than £12,570 a year for a minimum of three to five years before being able to apply for IRL.
The earliest Hong Kongers who came to the UK on a BNO visa will become eligible to apply for IRL from March 2026, with the MPs fearing they could be prevented from earning settled status after already waiting five years.
They said they are faced with the “prospect of an alarming scenario where a great number of BNO visa holders are locked out of attaining ILR after five years in the UK, as was promised to them when they repatriated to the UK”.
“Returning to Hong Kong is not an option for them,” the MPs warned.
The 34 Labour MPs have written to Mike Tapp
They said pensioners, disabled people, young adults, those at university and homemakers will all fail to meet the minimum salary requirements, which would mean they could be denied IRL.
The MPs said the Home Office should recognise other contributions, such as volunteering, caring responsibilities or being a key worker, and should continue to recognise a degree taught in English at a UK university as meeting the proficiency in English.
‘Historic duty’
Senior Labour MP Sarah Champion, a signatory, told Sky News: “I have BNO constituents who are now hugely anxious about their immigration status.
“The confusion over who is/isn’t eligible to remain with the government’s new immigration policy is severely impacting their mental health.
“The UK has a historic duty to Hong Kong, it was right the last government created the BNO scheme; we now need to make clear that people from Hong Kong are still welcome to remain.”
Research conducted by Labour MP James Naish, who has just under 3,000 BNO holders in his Rushcliffe constituency and organised the letter, found 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.
His research, a survey of 6,667 BNO holders, found a further 43% of BNO households would have no members of their household eligible.
The MPs also said Hong Kong pensioners in the UK have left behind HK$3.8bn (about £360m) in Hong Kong’s state pension system, which they can only access once they have settled status, and with many having planned for five years this could cause them financial difficulties.
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In their letter, the MPs also said all other humanitarian visa routes should be exempt from the changes, as otherwise it would “undermine the humanitarian intent” of the schemes.
Mr Naish told Sky News: “The BNO visa was created with cross-party support to offer a safe route for Hong Kongers following the crackdown on civil liberties in Hong Kong. Many families made life-changing decisions based on the clear promise of a path to settlement after five years.
“It’s essential that the small print of the government’s proposals on earned settlement reflects the government’s headline support for the BNO visa scheme.”
The Committee for Freedom in Hong Kong Foundation said: “The UK must honour its obligations under the Sino-British Joint Declaration and protect Hong Kongers seeking freedom here.”
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