The UK government has introduced key amendments to the Border Security, Asylum and Immigration Bill during its committee stage, with changes focusing primarily on the EU Settlement Scheme and the expansion of conditions attached to limited leave to remain. A date for the Bill’s report stage has yet to be announced.
Key Amendment: EU Settlement Scheme (Clause 42)
One of the most significant changes comes with the addition of Clause 42, which strengthens the rights of individuals under the EU Settlement Scheme. This clause ensures that European Economic Area (EEA) or Swiss nationals and their family members, who have been granted leave under the Scheme, can enforce their residency and associated rights under the Brexit withdrawal or separation agreements—regardless of whether they were residing in the UK in accordance with EU law at the end of the transition period.
Explaining the rationale, the government drew a distinction between two groups of EU citizens: the “true cohort,” who were exercising treaty rights (such as working, studying, or being self-sufficient), and the “extra cohort,” who were not—for example, due to unemployment. While prior case law created ambiguity over the rights of the extra cohort, the new clause aims to clarify that all individuals with settled status are entitled to protections under the withdrawal agreement.
Expansion of Conditions on Leave and Bail (Clause 43)
Another major amendment is Clause 43, which broadens the conditions that can be imposed on individuals granted limited leave to remain under the Immigration Act 1971. The proposed changes introduce new restrictions, including:
Mandatory electronic monitoring (with exemptions for children)
Curfews requiring individuals to stay at a specified location during certain hours
Area-based restrictions, including orders to remain within or avoid certain zones
The discretionary imposition of any other conditions the Home Secretary deems appropriate
The government asserts these powers are intended for use in cases involving national security risks, such as individuals linked to war crimes, serious crime, or extremism. However, the language of the clause does not limit its application to such cases. This has raised concerns about the potential for overreach and a lack of safeguards, especially given the clause’s sweeping powers granted to the Home Secretary without clear parameters or oversight.
Other Legislative Changes
A further technical amendment expanded the geographical scope of the Bill in Clause 57, now encompassing the Channel Islands as well as the Isle of Man.
Human Rights Scrutiny Ongoing
The Joint Committee on Human Rights is currently reviewing the Bill to assess its compatibility with domestic and international human rights standards. Particular attention is expected to focus on Clause 43, especially in light of previous findings from the Home Office and the Independent Chief Inspector of Borders and Immigration questioning the effectiveness and legality of electronic monitoring. Past rulings by the High Court and immigration tribunals have found such surveillance measures to potentially violate individuals’ rights under Article 8 of the European Convention on Human Rights, which protects private and family life.
As the Bill advances to its next stages, legal experts and rights organizations are likely to push for clearer limitations and safeguards to prevent possible misuse of the expanded powers.
Related topics:
- Hong Kong Immigration Department Wins 2025 Skytrax Award for Best Airport Immigration Service
- Taiwan Proposes Stricter Immigration Rules for Hong Kong Residents
- US to Monitor Immigrants’ Social Media for Antisemitism, Raising Concerns
