A significant group of Labour MPs has issued a direct appeal to the government, urging it to safeguard the promise of permanent residency made to thousands of Hong Kongers who fled to the UK.
Anxiety Over Changing Immigration Rules
Thirty-four Labour MPs have written to Migration Minister Mike Tapp expressing profound concerns. They warn that recent changes to the requirements for Indefinite Leave to Remain (ILR) could unjustly prevent Hong Kong British National Overseas (BNO) visa holders from securing settled status. The MPs argue this would break a clear promise made when the scheme was launched in 2021.
The core of their worry centres on two key alterations announced in November. First, the English language requirement has been raised from an intermediate (B1) to an upper-intermediate (B2) level. Second, applicants must now demonstrate they have earned at least £12,570 annually for a minimum of three to five years before applying for ILR.
Who Stands to Be Locked Out?
The MPs' letter paints a stark picture of who would fail to meet these new benchmarks. They highlight that pensioners, disabled individuals, young adults, university students, and homemakers would all be at high risk of being denied settled status due to the salary rule. This creates what the MPs describe as an "alarming scenario" where people are trapped after building a life in the UK for five years.
Research organised by Labour MP James Naish, who has nearly 3,000 BNO holders in his Rushcliffe constituency, underscores the scale of the problem. A survey of 6,667 BNO holders indicated that if the new English rule is applied rigidly, only 8% of BNO visa households would fully qualify for ILR after five years. A further 43% of households would have no eligible members at all.
The financial implications are severe. The MPs note that Hong Kong pensioners in the UK have left behind approximately £360 million in Hong Kong's state pension system, funds they can only access once they obtain settled status.
A Call to Honour a "Historic Duty"
Senior Labour MP Sarah Champion, a signatory, told Sky News that BNO constituents are now "hugely anxious" and that the uncertainty is severely impacting their mental health. She emphasised the UK's "historic duty to Hong Kong" and stated that while the creation of the BNO scheme was right, the government must now clarify that these individuals are still welcome to stay.
In their letter, the MPs propose solutions. They ask the Home Office to recognise non-financial contributions like volunteering, caring responsibilities, or key worker roles. They also urge it to continue accepting a degree taught in English at a UK university as proof of language proficiency. Furthermore, they call for all humanitarian visa routes to be exempt from these changes to preserve their original intent.
James Naish stressed that families made life-altering decisions based on a clear five-year path to settlement. "It's essential," he said, "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 echoed this, calling on the UK to honour its obligations under the Sino-British Joint Declaration.
