Labour Will Regret Defending the Boriswave

Reform UK has made another major policy announcement, once again using a Monday morning press conference to capture the news agenda for the week. Nigel Farage’s party is to abolish Indefinite Leave to Remain (ILR), ending the right of migrants to qualify for permanent settlement in the UK after five years of residency. The policy aims in particular at preventing the millions of largely unskilled arrivals since 2021 from gaining permanent residency and eventually British citizenship – the infamous, disastrous influx known as the ‘Boriswave’. Under the scheme, migrants with permanent residency will need to reapply for visas under stricter criteria, including higher language and salary requirements. “It is not for us to provide welfare for people coming in from all over the world,” said Farage, in a robust political framing that rightly puts the interests of the British taxpayer first. Research by Karl Williams of the Centre for Policy Studies has shown that the lifetime cost of the recent influx could be some £234 billion (see the Sceptic Episode 36).

Headlines have been dominated by the practicalities of the policy, with the Labour Government coming out swinging against it. Chancellor Rachel Reeves derided it as “gimmicks” having “no basis in reality”. Leftie think tank Best for Britain said it would “tear families apart” as Labour mouthpieces denounce it as “extreme” and “vulgar”. A Labour backbencher even retweeted a columnist calling the policy “racist”, while Sadiq Khan fumed that “threatening to deport people living and working here legally is unacceptable”.

Given that the Boriswave was widely agreed to be a major mistake by the previous Government, whose immigration track record voters remain furious about, it seems deeply politically foolish for Labour to ride to its defence in this way. Not least given that action on ILR is (ostensibly) already set to become Government policy. Back in May, following Keir Starmer’s “island of strangers” speech, there came the unlikely but welcome announcement from Yvette Cooper’s Home Office that it would be going after the Boriswave, pledging to extend the required ILR qualification period from five years’ residency in the UK to 10. The then Home Secretary had “for some time been concerned” about the coming “significant increase in settlement and citizenship applications”, according to a Government source. I wrote for the Spectator noting that this was a victory for the young British Right in bringing this policy into the mainstream.

But this brief Labour foray into sanity on immigration was always going to be a hard sell to the Left of Starmer’s party. First, within weeks, the PM had U-turned to say that he “deeply regrets” the rhetoric of his anti-migration speech.

Now, the broader question is whether the Government will follow through on its pledged policy changes, too.

Naturally, rather than go ahead and legislate in the national interest, Labour’s first instinct was to pledge a consultation. But four months after the ILR reforms were announced, that consultation has so far not started. A Home Office spokesperson said it would arrive “later this year”.

“We believe that people should contribute to the economy and society before being able to settle in our country”, the spokesperson said. “This is why the amount of time migrants have to spend in the UK before qualifying for settlement will double from five to ten years.”

However, a recent debate on two petitions to Parliament about the ILR changes does give a sense of the mood in the Labour ranks. For those who would see the Boriswave reversed, it isn’t pretty. Rebecca Long-Bailey, the Corbynite and former leadership contender, said merely the publishing of the White Paper had caused “huge fear” among many of her Salford constituents. “At a time when far-Right groups are exploiting fear,” said Steve Witherden of Montgomeryshire and Glyndŵr, the Government should instead be “pushing back firmly” by creating “shorter, more affordable routes to settlement”. Several others cited “fairness”, “compassion” and “British values”, in what looks set to become a mawkish Leftie crusade for liberal sentimentality on immigration broadly – only lent greater fervour by Reform’s pressure to their Right.

That this is against both the country’s interest and ultimately that of the Labour party will likely mean little to these doe-eyed idealists: they will gladly go down with the ship to prevent any change to the current dispensation. The Labour Left has already managed to torpedo the Government’s much-needed welfare cuts (see the Sceptic episode 43), with Keir Starmer and Rachel Reeves capitulating to backbenchers’ demands and suffering a major blow to their authority in the process. The result of that debacle has been steeply rising gilt yields, as the bond markets increasingly doubt Britain’s ability to reduce spending to sensible levels, portending grim prospects for the autumn Budget.

But to Leftie hardliners, immigration is arguably even more totemic than welfare. Plus Starmer has lost his bridge to the Left in the form of Angela Rayner, while the knives are already out for his Right-posturing aide, Morgan McSweeney, over the Mandelson affair. This means getting this policy over the line will likely prove a fight this unsteady Labour leadership will simply not have the stomach for. For new Home Secretary Shabana Mahmood, touted by allies as “hard as nails” and somehow believed to be capable of winning Labour voters’ trust on immigration, it will be as significant a test as stopping the boats. It seems highly unlikely she will pass.

With the first Boriswavers set to qualify for ILR early next year, that prospect is worrying indeed. Still, it will however be grist to Reform’s mill. As the next election inches closer, Farage will continue to have no trouble at all presenting the Tory-Labour uniparty as having totally failed the public when it comes to immigration.

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NickR
6 months ago

Tory strategists, every time they haven’t got a Rayner or Mandelson level story to lead on in PMQs, should get Kemi to revert to this; “tell me Prime Minister, when will you start the consultation/introduce the legislation to extend IRL to 10 years?”

EppingBlogger
6 months ago
Reply to  NickR

Why would the Tories want to remind the voters about their time in office where most of the current front bench were Ministers. Why would they want to invite an internal split between their LibDem MPs and careerists.

RW
RW
6 months ago

Under the scheme, migrants with permanent residency will need to reapply for visas under stricter criteria, including higher language and salary requirements. In other words, Farage wants to change immigration law retroactively for people who’ve been legally resident in the UK for years, if not decades, again. And as the so-called Boriswave was largely immigrants from Commonwealth countries reaping their promised Brexit dividend, you can bet on Farage not comning after them. After all, he needs their votes. If you think it’s “liberal sentimentalism” when people who immigrated legally into Britain and who legally qualfied for permanent residence according to the criteria for that aren’t reclassified as illegal immigrants who again have to jump over different a hurdle every five years or so – you, Mr, have serious problem with understanding what “rule of law” actually means. Namely, it means that people who have always complied with all applicable laws can trust that they aren’t suddenly declared to be criminals nevertheless. Think of the following: Some government raises the VAT. Taking a leaf from the Farage-playbook, they backdate the VAT raise by ten years and you get a letter that you’re liable to repay ten years of raised VAT on… Read more »

transmissionofflame
6 months ago
Reply to  RW

I tend to agree
I am more interested in stopping any more coming in, getting rid of all the illegals and wholesale welfare reform that applies to everyone, including the huge numbers who supposedly are unable to work

EppingBlogger
6 months ago
Reply to  RW

It’s no more retroactive than to change the rate of tax. No one proposes to say they were illegally working in the past but they will be told to leave after the change.

RW
RW
6 months ago
Reply to  EppingBlogger

It’s no more retroactive than to change the rate of tax. No one proposes to say they were illegally working in the past

That’s exactly what is proposed: Someone is found to be living in Britain and it’s declared that he has no right to live here but may be allowed to stay neverthless subject to an application to legalise his status. But the status was already legal until reclared as illegal. This should really qualify for extra perfidy all these someones now declared to be illegaly resident never had a chance to avoid this because they became legally resident before.

As this could use a more abstract definition: It’s retroactive when it applies to past behaviour that was legal at the time it took place. Like the decision to move to Britain subject to the immigration laws of 2020 in 2020.

RW
RW
6 months ago
Reply to  RW

Elaborating yet more on this: I moved to the UK on December 1st 2010. That was an action. Because of this action, I became resident in the UK. This is a state which will continue until another action changes it. Laws apply to actions but not states, in other words, the outcome of a legal action cannot be an illegal state. This would have required an illegal action.

MajorMajor
MajorMajor
6 months ago
Reply to  RW

I acquired British citizenship 24 years ago.
Watching Nigel on the news yesterday, I told my English wife that with a bit of luck I might be deported.

JohnK
6 months ago
Reply to  RW

From a legal perspective, it depends on whether granting permanent residence is indefeasible or not. If it is, they can’t do anything about it retrospectively. Some legal arrangements do carry indefeasible rights, such as my pension scheme arrangements that arose from the privatisation of the British Railways Board in the 1990s.

LizT
LizT
6 months ago
Reply to  RW

As I understand it, many of those affected could, instead of claiming ILR, have applied for citizenship. Why have they not done so? Why have ILR at all when they choose not to apply to become bona fide members of British society?

mrbu
mrbu
6 months ago
Reply to  RW

Surely we’re talking about “residency” here, and not “citizenship”? If you want to have a permanent right to remain in a country, then you apply for citizenship, with all that implies in terms of commitment to the country in which you have chosen to settle. If you’re merely resident, then you have the right to remain until the government tells you to leave.

RW
RW
6 months ago
Reply to  mrbu

That’s not what UK law says (or, for that matter, law in any civilized country. Eg, the USA doesn’t threaten Green Card holders with deportation every five years, like Farage wants to do again to the people who already found themselves in this exact situation, not the least due to him, five years ago).

Jack the dog
Jack the dog
6 months ago
Reply to  RW

In any case it’ll never happen, the main purpose is to move the Overton window and apply some heat to starmer’s miserable lot.

Because these measures will be very popular.

RW
RW
6 months ago
Reply to  Jack the dog

It happened to me once. And the same guy who championed it back then now wants to do it again. I also don’t believe that Farage mentioned settled status by accident. That’s a technical term which specifically refers to the status eventually granted to EU citizens who successfully applied for that and were already legally resident in the UK before its formal EU exit. It’s equivalent to ILR but not the same (eg, ILR holders get paper documentation while settled status holders don’t. At least, that’s how it used to be).

RW
RW
6 months ago
Reply to  RW

Necessary addition: During the press conference, it was specifically stated that EU citizens with settled status are not supposed to become subject to this. My accusations about this were consequently wrong.

LizT
LizT
6 months ago
Reply to  RW

Why have you not applied for British citizenship? What advantage did you have by not doing so? You show no commitment to this country by choosing residency as opposed to citizenship

Canonman52
Canonman52
6 months ago
Reply to  RW

Oh dear, how sad, nevermind!

Smudger
6 months ago
Reply to  RW

No government can bind its successors!

huxleypiggles
6 months ago

Slightly Off-T

https://x.com/basil_tgmd/status/1970023382776250574?s=48

The state that’s not a state, plasticine pally, otherwise known as the murderous Hamas are now demanding £2 millions in “reparations.”

LizT
LizT
6 months ago
Reply to  huxleypiggles

Quelle surprise

Cotfordtags
6 months ago

I just can’t see the objection to this. ILR is a ridiculous half way house that has never made sense. If you want to work here without getting British citizenship, you should need a visa and prove your ability not to burden the state. If that is not for you, apply for full citizenship and be done with the hassle. Why do we have so many people living here burdening the state who aren’t committed enough to become citizens. Very few other countries do it. Why do we need more and more Starbucks baristas and delivery drivers on minimum wage from foreign lands working with income support. If the job doesn’t support you, you shouldn’t expect taxpayers to.

transmissionofflame
6 months ago
Reply to  Cotfordtags

Well not everyone with settled status or ILR is burdening the state just because they are not in full time or highly paid employment- some may be dependents supported by a working spouse, some may work part time or in lower paid jobs but not claim benefits and still pay some tax and NI.
Retrospective legislation is bad form.

RW
RW
6 months ago

It’s worse than bad form. It violates a fundamental tenet of the rule of law concept, namely, that law must be stable, that is, people who’ve always acted legally must not suddenly find themselves in an illegal state (my term) and thus, liable to punishment because law was changed.

RW
RW
6 months ago
Reply to  Cotfordtags

Having indefinite leave to remain is actually a precondition for being allowed to apply for British citizenship, just as people who want to naturalize as US citizens need permanent residency rights there, the so-called Green Card, first. This also entitles them to social security payments in the USA (I’ve just looked this up). As usual, German rules are much more generous than that. Recently, there was an en miniature scandal when it came out that the German home office was distributing leaflets to prospective immigrants abroad which informed these how they can move to Germany to claim social security payments (Bürgergeld).

Becoming a UK citizen is a lot more expensive and involved then merely becoming legally permanently resident. And there are other reasons for not wanting to become. Eg, I was born German and shall die German which means – as far as I know – I cannot become a UK citizen as Germany doesn’t generally allow for dual-citizenship of Germans.

Solentviews
Solentviews
6 months ago
Reply to  RW

We can all all have a view on Reform’s proposals. However, we will soon all witness a massive budget failure thanks to the Uniparty’s largresse. I don’t think many realise how painful this will be. Spending will have to be massively cut. We won’t have the luxury of debating how much welfare immigrants (especially illegal) are entitled to, because there won’t be money available.

Reform are proposing the size of cuts that the financial markets want to hear. This is what’s needed in order to keep the country going.

Purpleone
6 months ago
Reply to  Solentviews

Exactly – they need to keep setting the agenda, and let the Uniparty try and defend their crazy positions…

Marcus Aurelius knew
6 months ago
Reply to  RW

Since June 27 2024, Germany generally allows Dual Citizenship.

LizT
LizT
6 months ago
Reply to  RW

If you love Germany so much, why don’t you live there? Seems you want the best of both worlds with full commitment to neither

JXB
JXB
6 months ago

Let’s remember Labour started mass immigration in the 1950s to get cheap labour to reduce the enormous, aggregate, payroll expense of the State-run entities it had created by nationalising the economy, without the benefit of private capital to provide working capital for those businesses.

This then, as now, displaced British workers from the job market, decreased labour productivity, and pulled down wages of the whole pay scale.

Marcus Aurelius knew
6 months ago
Reply to  JXB

Excellent points.

History, huh

Smudger
6 months ago
Reply to  JXB

Labour were only in power for one year in the 1950s. They must have been very busy! Do you refer to The British Nationalty Act 1948 which was introduced by Labour during their 45- 51 period of government?
The Tories opened the floodgates to migrants in the 50s and up 65 presumably to satisfy their party donors.

Spiv
Spiv
6 months ago

Perhaps the most frustrating thing, perhaps that should read, amongst the many teeth-grindingly frustrating things about this government is the absolute inertia of all our politicians.
From the top to the bottom (should that read the gutter ) even the most stupid of our politicians understand that the flawed legislation powering the ‘Boriswave’ is having a grossly negative effect. Then why not change it?
They are the ones who deliver out legislation and can repeal or modify legislation. The were quick enough to knock out a Suicide Bill allowing the state to bump us off if we are feeling a little peaky. That was against almost universal condemnation from the public and the more professional advice against it. If the Boriswave is the problem, then repeal it, before you bugger off on yet another extended holiday. Do something useful for a change.