Lead member
Matt Vickers
Conservative, Stockton West
Commons
Decision
No decision
The House has not considered this amendment.
Amendment text
To move the following Clause—
“Revocation of indefinite leave to remain in certain circumstances
(1)
Indefinite leave to remain in the United Kingdom is revoked with respect to a person (“P”) if any of the following conditions apply.
(2)
Condition 1 is that P is defined as a “foreign criminal” under section 32 of the UK Borders Act 2007.
(3)
Condition 2 is that P was granted indefinite leave to remain after the coming into force of this Act, but would not be eligible for indefinite leave under the requirements of section [Qualification period for Indefinite Leave to Remain in the United Kingdom].
(4)
Condition 3 is that P, or any dependents of P, have been in receipt of any form of “social protection” (including housing) from HM Government or a local authority, where “social protection” is defined according to the Treasury’s Public Expenditure Statistical Analyses, subject to any further definition by immigration rules.
(5)
Condition 4 is that P’s annual income has fallen below £38,700 for six months or more in aggregate during the relevant qualification period, or subsequent to receiving indefinite leave to remain.
(6)
A person who has entered the United Kingdom—
(a)
under the Ukraine visa schemes;
(b)
under the Afghan Citizens Resettlement Scheme;
(c)
under the Afghan Relocations and Assistance Policy; or
(d)
on a British National Overseas visa,
is exempt from the requirements of Condition 2, Condition 3, and Condition 4.
(7)
For the purposes of subsection (5)—
(a)
the condition applies only to earnings that have been lawfully reported to, or subject to withholding tax by, HM Revenue and Customs; and
(b)
the relevant sum of annual income must be adjusted annually by the Secretary of State through immigration rules to reflect inflation.
(8)
The Secretary of State may by immigration rules vary the conditions set out in this section.”
Member's explanatory statement
This new clause would revoke indefinite leave where a person is a foreign criminal, has been in receipt of benefits, earns below the national median income, or (for those granted indefinite leave after the coming into force of this Act) would not meet the requirements sought to be imposed by NC25.