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1. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

   Immigration: Earned Settlement

   Let me say to one of my many predecessors as Home Secretary that the proposals I have announced today are far, far more robust than everything he and his Government left behind. It is their mess that this Government have been cleaning up. The right hon. Gentleman will know that both myself and my immediate predecessor as Home Secretary, my right hon. Friend the Member for Pontefract, Castleford and Knottingley (Yvette Cooper), are responsible for a number of changes, including: closing the care worker route to overseas <span id="594" class="column-number" data-column-number="594"></span>workers; the requirement for sponsors to be Care Quality Commission rated; suspending family reunion for refugees while we settle family migration policy as we go into next year; and raising salary thresholds. This Government —both myself and my predecessor—have been taking the action that is needed and that is why net migration is down 82%.

   Hansard source
2. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

   Immigration: Earned Settlement

   I have had discussions with the Secretary of State for Health and Social Care. She is also very clear that conditions for employers in the care sector must improve and that there should be minimum standards in future. She is undertaking that work, and it will be part of the wider reforms to the care sector that the Government are undertaking. What I have undertaken to ensure that the immigration system reflects any changes made to improve standards in the care sector and that we will follow those changes. It would be in appropriate for us, as an immigration Department, to change licensed routes ourselves without the wider work required, which the Health Secretary is undertaking, to improve the functioning of the care sector. Once that work is complete, I will make the relevant changes.

   Hansard source
3. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

   Immigration: Earned Settlement

   I will repeat for the hon. Member an answer that I have given many times, including to the Home Affairs Committee. I profoundly disagree with the hon. Member’s point: it is a long-established principle that the rules that apply to an application are those that are in place at the point of decision, not at the point when somebody arrived in the country. I am afraid that to go down that road would render this and all future Governments unable to manage the migration system effectively. It would be the wrong step. It is not a step required of us by our legal system and courts, and we will not be taking it.

   Hansard source
4. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

   Immigration: Earned Settlement

   Yes, that is right. We consulted on whether an additional period should apply to those who arrive in the country through unlawful means, such as by boat or on the back of a lorry, and there was an overwhelmingly positive response. My right hon. Friend will know that the Government wish to incentivise people to enter the country through safe and legal means. As I said in my statement, there is nothing fair about our border system being run by people smugglers.

   Hansard source
5. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

   Immigration: Earned Settlement

   The hon. Member is right to acknowledge that there is a huge explosion in the number of people on the sponsorship register—that happened under the previous Government—and I will set out policy for how we resolve issues within the register. The hon. Member will already know that we are revoking licences where appropriate and where somebody should not be able to bring workers into this country. The debt the hon. Member references will include NHS, tax and litigation debt. For refugees, it will also include asylum support—either the payment of asylum support costs or at least for someone to be complying with a payment plan.

   Hansard source
6. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

   Immigration: Earned Settlement

   It will not change. Victims of domestic abuse will still be able to obtain immediate settlement.

   Hansard source
7. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

   Immigration: Earned Settlement

   The right hon. Gentleman and I disagree on the ECHR—a debate we have had many times. The time period in which someone attains settlement should both reflect the means by which they came to the country and incentivise the behaviour that we want to see, which is people working or studying, contributing to society, and taking steps to integrate. That will have an impact on the behaviour of everyone who comes to this country, whether they have come on a work visa or are in the asylum system. It is a fair solution for everyone.

   Hansard source
8. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

   Immigration: Earned Settlement

   I can confirm that those who arrived under the ECAA, which is a closed route that reflects the particular agreement that we were part of then, will face no changes to their settlement—they are outside the scope of earned settlement.

   Hansard source
9. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

   Immigration: Earned Settlement

   The hon. Member has probably not yet had the opportunity to look at the chapter on dependants within the consultation response, so let me reassure her that we have confirmed that the position on children is largely unchanged. Spouses will normally settle at the same time as the main applicant if they arrive at the same time; if they arrive after the main applicant, they will do the same time period. Looking at income—we consulted specifically on this point—we have also said that for those on lower incomes, or to reflect the fact that one partner might take time out for caring responsibilities, combined household income can be used rather than individual income.

   Hansard source
10. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    Again, I appreciate the fact that not everybody will have had a chance yet to look at the whole consultation response, so I say to my hon. Friend that the position on children is largely unchanged. The rules about whether applicants have been here for seven years or the majority of their life in order to be able to settle still apply, and children will normally settle when both of their parents get ILR, which is the same position as today.

    Hansard source
11. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I think that was actually a missed opportunity to apologise, which nobody on the Opposition Benches has done.

    Hansard source
12. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I thank my hon. Friend for her question. I think I have covered the immigration aspects in today’s statement, but it is the case that exploitative and rogue employers have had their licences revoked. My colleagues in the Department for Business, Innovation, Science and Trade have agreed that the Fair Work Agency will look specifically at the care sector and the behaviour of employers within it. My colleagues in the Health Department are looking at the wider reforms that are needed for the care sector, and the Minister for Social Care and Mental Health, my hon. Friend the Member for Birkenhead (Alison McGovern), has kindly agreed to meet my hon. Friend on that.

    Hansard source
13. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I have literally been talking about the positive impacts of migration, including for me personally—I would not be in this country were it not for migration into this country. As for what the hon. Gentleman has to say about the ability of the Government to change the rules, no Government would be able to <span id="598" class="column-number" data-column-number="598"></span>run an effective migration system if they followed his approach. We will not be doing that. This is a long-settled position that has been upheld by the courts, so we are fully compliant with our legal obligations. The Government have set out a fair policy for all.

    Hansard source
14. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    If my right hon. Friend’s constituent has met the terms of his visa, as I set out in my statement he will be able to apply for indefinite leave to remain at five years. At the point of settlement, people are able to access the benefits system.

    Hansard source
15. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    The Government are not restricting benefits for those with settlement rights. The right hon. Gentleman is absolutely right that not only does that require primarily legislation, but it would create two-tier settlement rights. The rules on no access to public funds apply before somebody can achieve settlement to make sure that those who have had to fall on the state to seek assistance are still working for a period before they apply for settlement.

    Hansard source
16. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    My hon. Friend mentions number of different professions. It will depend on entry levels and whether they fall within a transitional arrangement, but the default period for settlement has moved from five years to 10 years. I do expect there to be economic benefits, not least the billions saved to the Department for Work and Pensions from people waiting longer before they are able to access benefits.

    Hansard source
17. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I reject that entirely. First of all, lower-paid British workers are already British; they do not need settlement in their own country. In this policy, including with all its transitional arrangements, the Government have recognised public service alongside earnings for faster pathways to settlement. I ask her to bear in mind that the highest earners pay the highest in tax, and it is our taxpayers’ money that funds the public services that we all rely on. We have found a solution that is fair for everybody, rewarding those who make the biggest contribution, including in public service roles.

    Hansard source
18. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I thank my hon. Friend for that. The Health Secretary and her team are working hard on all the reforms needed to ensure that the care sector is functioning properly, including a workforce plan, which I believe is due before Christmas, and the fair pay agreement that will be in place in 2028. My hon. Friend knows that the Government also have the wider Louise Casey review on the country’s care needs and how they can be met. Taken together, all that work means a fundamental change to how the care sector works in this country.

    Hansard source
19. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I hear the passionate point that the right hon. Member makes as a constituency Member of Parliament. He will know that no decision has yet been made, and I will ensure that his letter is responded to promptly. He will also know that the Government have saved a billion pounds a year by closing asylum hotels and that we will go further to close all asylum <span id="600" class="column-number" data-column-number="600"></span>hotels in this Parliament. As we do so, it is important that we move to a new model of providing asylum accommodation that includes more use of military sites. However, as I said in relation to the specific site he mentioned, no decision has yet been made.

    Hansard source
20. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I can confirm that the position for Gurkhas is the same as for all of those in our armed forces—they have their own bespoke route to settlement, which is usually four years after service—and they are exempt from the changes we have made today.

    Hansard source
21. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I absolutely disagree. I simply repeat the point that I have made to many hon. Members on the Lib Dem Benches: a Government need to be able to change the immigration system rules to reflect emerging circumstances. If they had their way, the immigration system would be in absolute chaos. The resolution that we have found between the different cohorts, including those who will now be eligible for a transitional arrangement, represents a fair solution for everyone.

    Hansard source
22. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I am always happy to meet my hon. Friend and will happily discuss those issues with her, but with the proposals that the Government have set out—including the transitional arrangements for those cohorts in health and education, given our reliance on foreign labour in those two sectors and the Migration Advisory Committee’s specific treatment of them—I think that we have found a fair resolution for everyone.

    Hansard source
23. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    The list does not include prison officers, because the transitional arrangements apply to those cohorts of workers that the Migration Advisory Committee recognises on national pay scales in health and education for the purposes of the immigration rules. The right hon. Lady will know that it is a very small number of prison officers who will settle at 10 years, but let me confirm to her and the House that I have been discussing these measures with the Secretary of State for Justice and I will do everything I can to make sure that the Prison Service has the labour it needs in the future.

    Hansard source
24. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    My hon. Friend is absolutely right. Let me also say that “repent at leisure” would apply if there was, in fact, any repentance from the Conservatives.

    Hansard source
25. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    If the hon. Gentleman wishes to write to me about that specific case, he is welcome to do so. I would caution anybody about making assumptions on why a licence is revoked. I am sure that if it was a mere admin error, that will be looked at, but licence revocations have happened in record numbers because, under the approach taken by the previous Government, there was a desire to sign people up without much expectation of what standards they should meet.

    Hansard source
26. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    The majority of visa holders who responded to the consultation were care workers, and roughly 50% of them said that once they had achieved settlement, they would look to leave the care sector. I think that that is down to a recognition that they would be able to get higher-paid jobs elsewhere. That is why colleagues across Government, including in the Department of Health and Social Care, are looking carefully at lifting standards in the care sector in such a way that people will wish to remain in the sector and we will be able to recruit other workers into the sector.

    Hansard source
27. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    They will need to meet the terms of their visa, which is the most important measure in ensuring that people who have come here on certain terms fulfil the contribution they were supposed to make.

    Hansard source
28. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    Let me assure my hon. Friend that the Government have already closed a number of asylum hotels. We have made £1 billion-worth of savings in asylum accommodation, and we will fulfil our manifesto commitment to close all hotels in this Parliament.

    Hansard source
29. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    The right hon. Gentleman could also do with more honesty and contrition about his track record, including on the difference between some of the positions he took when he was a Minister in the Tory Government and those that he takes now. I simply say to him that the package of reforms I have announced today, as set out in the consultation document, represent a fair solution for all the cohorts that are caught by the new earned settlement proposals. We have made targeted exemptions where the circumstances justify them. It is this Government that are cleaning up the mess we inherited from the previous lot.

    Hansard source
30. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    Many rights do accrue at the point of settlement, and that has been the policy under successive Governments over many decades. I do not wish to create a new system with a two-tier approach to what settlement means—one for historical cohorts and a new one for future cohorts—not least because some in this country, including some on the Opposition Benches, wish to rip up the status of indefinite leave to remain altogether. That would be the wrong thing to do. It would be unconscionable to throw into chaos the long-term residency arrangements of millions of people in this country, and this Government will not do that. On contribution and integration, the tests that need to be met are made clear in the consultation document. They are not subjective criteria, but detailed criteria that will be applied by caseworkers in the future.

    Hansard source
31. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I know what the hon. Gentleman means. Let me assure him that the situation in relation to all members of the armed forces is unchanged by the package of earned settlement measures. They have their own bespoke regime. I will meet him to discuss the matter of fee waivers.

    Hansard source
32. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    We have already made significant progress in improving Home Office processes, as evidenced by the fact that the backlog for initial decisions after an asylum application has decreased considerably. Since this Government have been in power, we have got removals up to over 80,000, alongside many other changes. Let me assure my hon. Friend that as these changes are rolled out—they will be rolled out over a period of time, so that the systems are ready for each of the changes as they are made—I will ensure that the Home Office is equipped to make timely decisions under the new rules.

    Hansard source
33. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    Perhaps the right hon. Member missed the bit of my statement where I set out transitional arrangements for care workers.

    Hansard source
34. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    My hon. Friend will know that immigration policy is a reserved matter and applies UK-wide, so the rules that we have announced today apply to everyone everywhere. The Government will publish an impact assessment in the normal way, around the same time as when the immigration rules are laid.

    Hansard source
35. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    First, it was a genuine consultation and we have listened to the unique circumstances of those who came to work in the care sector. I think it is right that we have arrangements recognising those unique circumstances. On illegal migrants, it is this Government who this year have overseen a 40% decrease in the number of people arriving by small boat. We have made a huge amount of progress, especially through our deal with the French Government and the law enforcement response, trying to go after the gangs that, in the end, put people in those boats. We will not rest until we have stopped people arriving in this country by boat in that way. I think that the settlement offer that people get when they arrive does make a material difference.

    Hansard source
36. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I thank my hon. Friend for those remarks. He is absolutely right: there is quite a lot of projection that happens when you are a brown Muslim woman in the world of politics, but I am, alas, used to it. On rebuilding public trust, as I said in my statement, solidarity is a precondition of social justice. If we are to have a system based on taxation for universal public services, people need to know that everyone is contributing into the same collective pot that we can all then rely upon when we need to. That is how we maintain social cohesion in this country. A managed system where the Government are in control—where it is not people <span id="605" class="column-number" data-column-number="605"></span>smugglers who decide who gets to come into our country, but the Government who make that choice, with the consent of the British people—is absolutely the way to ensure that we have social cohesion and strong communities all over our country.

    Hansard source
37. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I am already reviewing the way in which the sponsorship register works and the conditions required of companies before they can sponsor workers coming into this country, and I will report to the House on that.

    Hansard source
38. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    I disagree with my hon. Friend, as she knows from my statement today, which has listened to the consultation responses in detail. As I have set out in answer to other hon. Members, the position for settlement applications is that the rules apply at the point at which the decision is made, not when someone has come into the country. That has been settled law and settled policy for a very long time, and it will not change.

    Hansard source
39. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    It is absolutely fair. The hon. Gentleman will know that for people who arrived around the time my parents and grandad did, the rules often changed regularly. As I said, it has been settled policy that the rules that apply to an application are those at the point of decision, not the point when someone arrives in the country, and it is made clear to people arriving on a temporary work visa that that does not necessarily indicate that settlement rights will follow. In my statement, and in our document responding to the consultation we carried out, there is a fair resolution for all the different cohorts that are affected by earned settlement, reflecting unique circumstances where appropriate, and ensuring that the default period moves to 10 years, which has been settled policy since last summer.

    Hansard source
40. 2 Nov 2026·Parliament·Labour·Shabana Mahmood

    Immigration: Earned Settlement

    The position for those who arrived on the care visa was that they needed to work within the care sector, and I think it is fair to expect those who were unable to meet the terms of that visa to have a second shot at working in the care sector again. A number of jobs are available in the care sector, not all of which require heavy lifting, and I am sure that can be taken into account. The Government will assist care workers who have been unable to meet the terms of their visa to have that second chance at finding appropriate work with a legitimate provider.

    Hansard source