The Conservative Party publishes the ‘Deportation Bill’

For the first time in opposition, the Conservative Party is today [Wednesday 7 May 2025] publishing a full Bill – the Deportation Bill: a bold, no-nonsense plan to take back control of the UK's borders and fix the broken immigration system Labour refuses to confront. 

As Labour's Border Security, Immigration and Asylum Bill returns to the House of Commons for the Report Stage, the Conservatives are stepping up with a serious, detailed and uncompromising alternative—one that the British people can rely on to get a grip of migration.

This landmark Bill sets out a clear vision for border control under a Conservative Government, with tough, practical measures designed to end abuse, enforce the law, and put British interests first.  This would include automatic deportation for anyone who arrives in the country illegally.

The other measures included in the Bill are: 

• Disapplying the Human Rights Act from all immigration-related matters – Preventing foreign nationals from exploiting our courts with spurious human rights claims to avoid deportation or abuse the asylum system. 
• Doubling the residency requirement for Indefinite Leave to Remain from 5 to 10 years – Making it crystal clear that British citizenship is a privilege to be earned, not a right to be claimed. 
• New powers to revoke Indefinite Leave to Remain – Giving the Government the ability to remove those who have become a burden to the UK, including those reliant on benefits or falling below income thresholds. 
• A legally binding, Parliament-voted annual cap on migration – Ensuring migration levels are determined by the British people through their elected representatives 
• Tighter visa rules for partners and civil partners – Requiring higher thresholds and evidence of genuine relationships and banning visas for exploitative or inappropriate practices like first-cousin marriages. 
• Visa sanctions for uncooperative countries – Taking firm action against nations that refuse to take back their nationals, by restricting visas and putting pressure where it counts. 
• Powers to deport all foreign criminals – Ending loopholes and excuses. If you break the law here, you go.
• Removing GDPR protections from foreign criminals and illegal migrants – Stopping them from weaponising privacy laws to dodge deportation. 
• Mandatory scientific age testing for asylum seekers – Ending the scandal of adult migrants pretending to be children to exploit our education and welfare systems. 

This Bill is a direct challenge to the Labour Government's failure on immigration.  

It spells out exactly what a serious, credible immigration policy looks like—and proves the Conservative Party, under new leadership, is ready to govern with strength and principle. 

Chris Philp MP, Shadow Home Secretary, said: 

“For months this Labour government has turned a blind eye to the crisis at our borders, as small boat crossings have increased.

“The Conservatives are today introducing the Deportation Bill – a bold, pragmatic and deliverable plan to take back control of our borders and restore public confidence in our immigration system. If Labour can't or won't act, we will an introduce a Bill and Labour MPs can vote against it.

“Labour and Reform are both complicit in the trade of empty slogans and hollow promises. Our plan can be enacted now to get immigration back under control.”

ENDS 

Notes to Editors 

• The Conservative Party are pushing for new rules to bring to an end the era of mass low-skilled migration and clamp down on the large number of family visas currently being issued. The Conservatives tabled amendments to Labour's Border Security, Asylum and Immigration Bill to: 
• • implement a £38,700 salary threshold for the UK-based partner 
  • mandate that both partners must be over the age of 23 to combat forced marriages  
  • introduce condition that the partners must been married for a minimum of two years  
  • mandate that no spousal visas will be issued to first cousins 
  • create an overall annual cap on family visas and specifying that no one country can take up more than 7 per cent of the total allocation (UK Parliament, Border Security, Asylum and Immigration Bill, 22 April 2025, link). 

• Kemi Badenoch has committed to doubling the period of time you have to be in this country before you can claim ILR, increasing the period from 5 years to 10 years: 

We would add new conditions so that to get ILR after 10 years, the individual must: 

• Not have claimed benefits or used social housing during the entire qualification period 
• Be a net contributor, on a household basis so a higher earnings threshold would apply if a person has dependents who would also receive ILR  
• Not have any criminal record.  

• We would also extend the time to apply for British citizenship from 12 months to five years after obtaining ILR.  
• We would mandate that if an individual enters this country illegally or stayed here illegally, they would never get ILR or citizenship.  
• Any individual who is found to have obtained ILR or citizenship on the basis of false information would have their status revoked (BBC News, 6 February 2025, link). 

• The Conservative Party are pushing for new mandatory age testing of asylum seekers who claim to be children to end the abuse of the system. In a new amendment, laid on Labour's Border Security, Asylum and Immigration Bill, the Conservatives are pushing for the introduction of age tests for asylum seekers. The scientific testing could involve X-rays, MRIs or bone scans (UK Parliament, Border Security, Asylum and Immigration Bill, 22 April 2025, link).     

• The Conservative Party are pushing for all foreign criminals to be removed from the UK, as set out in our amendment to Labour's Borders Bill. The Conservatives introduced an amendment to require a foreign national convicted of any crime to be removed from the UK, as well as anyone who has been charged with, or convicted of, immigration offences. This would replace current provisions where a prison sentence of one year is required before removal is required, and even then removal can be frustrated by asylum and human rights claims (UK Parliament, Border Security, Asylum and Immigration Bill, 22 April 2025, link).  

• As of 28 April 2025, 10,000 people had crossed the Channel – the earliest point in a year that the number of arrivals has reached 10,000 since records began. In the past three years, it took until June for 10,000 people to cross the Channel but already, 10,000 people have crossed the Channel this year (Sky News, 28 April 2025, link).  

• As of 1 May 2025, 11,000 people have crossed the Channel in small boats. The number of migrants crossing the English Channel so far this year has reached 11,000 – just days after arrivals passed 10,000 in record time (The Standard, 2 April 2025, link). 

The Labour Government is not serious about tackling immigration:   

• As of 28 April 2025, 10,000 people had crossed the Channel – the earliest point in a year that the number of arrivals has reached 10,000 since records began. In the past three years, it took until June for 10,000 people to cross the Channel but already, 10,000 people have crossed the Channel this year (Sky News, 28 April 2025, link).  

• As of 1 May 2025, 11,000 people have crossed the Channel in small boats. The number of migrants crossing the English Channel so far this year has reached 11,000 – just days after arrivals passed 10,000 in record time (The Standard, 2 April 2025, link). 

• Labour have paused our increase to the family visa salary increase to £38,700, reversing our immigration reforms that would have brought down net migration by 300,000. Another Labour review means that the Conservative Government's increase in the family visa salary will be stopped and will remain at £29,000 (The Evening Standard, 31 July 2024, link).  

• Keir Starmer believes all immigration controls are racist despite immigration being the third most important issue facing the country. When a lawyer Starmer claimed there was a ‘racist undercurrent' which ‘permeates all immigration law' ⁽Socialist Lawyer, Immigration Law and Practice, 1988, archived).  

• Keir Starmer does not believe in a net migration cap. STARMER: ‘I'm not going to pluck an arbitrary number because that has been tried many years in a row and it has achieved absolutely nothing. And what I'm not going to do with the British public is adopt an approach which we know has not succeeded and pretend that it's going to succeed' (Keir Starmer, Press Conference, 28 November 2024, archived).  

• The Migration Advisory Committee has said Keir Starmer's plan to reduce immigration by training domestic workers is not guaranteed to cut net migration. The Migration Advisory Committee (MAC) urged the prime minister to consider introducing specific measures if he wanted to produce ‘large falls' in immigration (MAC Annual Report, 17 December 2024, link). 

Reform has no plan:

• Nigel Farage is not serious about deporting migrants from the UK. Nigel Farage has said it is a ‘political impossibility' to mass deport illegal migrants from Britain. Farage said deportations are not his ambition, showing Reform cannot be trusted to crack down on illegal migrants who are in this country (GB News, 18 September 2024, link). 

The full text of the Conservatives' Deportation Bill is as follows:

DEPORTATION BILL

CONTENTS

PART 1

Human Rights Act Disapplication

1. Disapplication of the Human Rights Act 1988

PART 2

Indefinite Leave to Remain

1. Qualification period for Indefinite Leave to Remain in the United Kingdom
2. Revocation of Indefinite Leave to Remain in certain circumstances

PART 3

Visas

1. Cap on the number of entrants
2. Restrictions on visas and grants of indefinite leave to remain
3. Restrictions on visas for partners and civil partners
4. Removals from the United Kingdom: visa penalties for uncooperative countries

PART 4

Foreign National Offenders

1. Offences and deportation

PART 5

Data Protection

1. Exemptions from the UK GDPR: illegal migration and foreign criminals

PART 6

Scientific Age Assessment

1. Age assessments: use of scientific methods

PART 7

General

1. Consequential and minor provision
2. Regulations
3. Extent
4. Commencement

A

BILL

TO

Make provision about the application of the Human Rights Act 1998 to immigration legislation; indefinite leave to remain and conditions for accessing visas, and the revocation of both under certain circumstances; the deportation and data of foreign national offenders, and the use of scientific age assessments; and for connected purposes.

BE IT ENACTED by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, as follows –

PART 1

HUMAN RIGHTS ACT 1998 DISAPPLICATION

1          Disapplication of the Human Rights Act 1998

1. This section applies to any provision made by or by virtue of this Act, the Illegal Migration Act 2023, the Immigration Acts, and any legislation relating to immigration, deportation, or asylum, including the Immigration Rules within the meaning of the Immigration Act 1971.
2. The legislation identified in subsection (1), including in relation to the enforcement of immigration policy, deportation, the granting, removal, revocation or alteration of immigration status, or asylum, or other entitlements, must be read and given effect to disregarding the Human Rights Act 1998.
3. In the Asylum and Immigration Appeals Act 1993, omit section 2.
4. In the Immigration Act 1971—

1. in section 8AA—

(i)              in subsection (2), omit “Subject to subsections (3) to (5)”; and

(ii)            omit subsections (2)(a)(ii) and subsections (3) to (6)

1. in section 8B, omit subsection (5A).

1. In section 84 of the Nationality, Immigration and Asylum Act 2002—

1. in subsection (1), after “must” insert “not”;
2. in subsection (2), after “must” insert “not”;
3. in subsection (2), for “section 6” substitute “any section”; and
4. in subsection (3) after “must” insert “not”.

1. Where the European Court of Human Rights indicates an interim measure relating to the exercise of any function under the legislation identified in subsection (1)—

1. it is only for a Minister of the Crown to decide whether the United Kingdom will comply with the interim measure under this section; and
2. an immigration officer or court or tribunal must not have regard to the interim measure.

PART 2

INDEFINITE LEAVE TO REMAIN

2          Qualification period for Indefinite Leave to Remain in the United Kingdom

1. The minimum qualification period for applications for indefinite leave to remain in the United Kingdom is a period of ten years.
2. The qualification period in subsection (1) applies to a person who has—

(a) a tier 2, T2, International Sportsperson or Skilled Worker visa,

(b) a Scale-up Worker visa,

(c) a Global Talent, Tier 1 Entrepreneur or Investor visa,

(d) an Innovator Founder visa,

(e) a UK Ancestry visa, or

(f) a partner holding UK citizenship.

1. A person who has lived in the United Kingdom for ten years or more but does not meet the criteria in subsection (2) cannot apply for indefinite leave to remain in the United Kingdom.

3          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. (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 1.
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.

1. For the purposes of subsection (5) –

1. The condition applies only to earnings that have been lawfully reported to, or subject to withholding of tax by, HM Revenue and Customs; and
2. The relevant sum of annual income must be adjusted annually by the Secretary of State through immigration rules to reflect inflation.

1. The Secretary of State may by immigration rules vary the conditions set out in this section.

PART 3

VISAS

4          Cap on the number of entrants

1. Within six months of the passing of this Act, the Secretary of State must make regulations specifying the total maximum number of persons who may enter the United Kingdom annually across all non-visitor visa routes, with such regulations subject to approval by both Houses.
2. The Secretary of State may by regulations also specify a maximum number of entrants for individual visa routes, subject to the overall total.
3. No visas may be issued in excess of the total maximum number specified in subsection (1).
4. Any visas issued in excess of the number specified in subsection (1) must be revoked.

5          Restrictions on visas and grants of indefinite leave to remain

1. Within six months of the passing of this Act the Secretary of State must by immigration rules provide for all visa grants, including spousal visas, to be conditional on the following—

1. the requirement that the applicant or their dependents will not apply for any form of “social protection” (including housing) from the UK 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; and
2. the requirement that the applicant's annual income must not fall below £38,700 for six months or more in aggregate during the relevant qualification period.

1. Immigration Rules made under subsection (1) must ensure that any breach of the conditions set out in that subsection will render void any visa previously granted.
2. The Secretary of State is not permitted to grant leave outside the immigration rules or immigration acts.
3. A person is not eligible to apply for indefinite leave to remain in the United Kingdom if any of the following conditions apply.
4. Condition 1 is that a person is a “foreign criminal” under section 32 of the UK Borders Act 2007.
5. Condition 2 is that a person, or any of their dependents, has been in receipt of any form of “social protection” (including housing) from the UK 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.
6. Condition 3 is that a person's annual income has fallen below £38,700 for six months or more in aggregate during the relevant qualification period.
7. A person who has entered the United Kingdom—
8. For the purposes of subsections (1)(b) and (7)—
9. The Secretary of State may by immigration rules make further provision varying these conditions, including by way of transitional provisions.

6          Restrictions on visas for partners and civil partners

1. The Secretary of State must make regulations specifying the maximum number of persons who may enter the United Kingdom annually as a spouse or civil partner of another (the sponsor).
2. Before making regulations under subsection (1), the Secretary of State must consult—

(a) in England and Wales and Scotland, such representatives of local authorities as the Secretary of State considers appropriate;

(b) the Executive Office in Northern Ireland; and

(c) any such other persons or bodies as the Secretary of State considers appropriate.

1. But the duty to consult under subsection (2) does not apply where the Secretary of State considers that the maximum number under subsection (1) needs to be changed as a matter of urgency.
2. The Secretary of State must commence the consultation under subsection (2) in relation to the first regulations to be made under this section before the end of the period of three months beginning with the day on which this Act is passed.
3. The regulations must specify that the number of persons from any one country who enter as a spouse or civil partner of a sponsor cannot exceed 7% of the maximum number specified in the regulations under subsection (1).
4. If, in any year, the number of persons who enter the United Kingdom as a spouse or civil partner of a sponsor exceeds the number specified in regulations under this section, the Secretary of State must lay a statement before Parliament—

(a) setting out the number of persons who have, in that year, entered the United Kingdom as a spouse or civil partner of a sponsor; and

(b) explaining why the number exceeds that specified in the regulations.

1. The statement under subsection (6) must be laid before Parliament before the end of the period of six months beginning with the day after the last day of the year to which the statement relates.
2. Within six months of the passing of this Act, the Secretary of State must by immigration rules make the changes set out in subsections (9) to (11).
3. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement includes that—

(a) the applicant is married to, or the civil partner of, a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is, on the same occasion, seeking admission to the United Kingdom for the purposes of settlement;

(b) the applicant provides evidence that the parties under subsection (9)(a) were married or formed a civil partnership at least two years prior to the application;

(c) each of the parties intends to live permanently with the other as spouses or civil partners and the marriage or civil partnership is subsisting;

(d) the salary of the person who has a right to abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom equals or exceeds £38,700 per year; and

(e) the applicant and the person who has a right of abode in the United Kingdom are both at least 23 years old.

Leave to enter the United Kingdom as a spouse or civil partner under subsection (9) is to be refused if the parties concerned are first cousins.

(10)         For the purposes of this section, “local authority” means—

(a) in England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and

(b) in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994.

7          Removals from the United Kingdom: visa penalties for uncooperative countries

1. The Nationality and Borders Act 2022 is amended as follows.
2. In section 70, omit subsections (4) and (5).
3. In section 72 –

1. In subsection (1), after “A country”, for “may” substitute “must”.
2. In subsection (1)(a) omit “and” and insert—

“or, (ab) is not cooperating in relation to the verification of identity or status of individuals who are likely to be nationals or citizens of the country, and”

1. in subsection (1)(b), after “citizens of the country” insert “or individuals who are likely to be nationals or citizens of the country”,
2. omit subsections (2) and (3), and
3. in subsection (4), omit from “70” to after “subsection (1)(a)”.

1. Omit section 74.

PART 4

FOREIGN NATIONAL OFFENDERS

8          Offences and deportation

1. The UK Borders Act 2007 is amended as follows.
2. In section 32—

1. in subsection (1)(a), at the end insert “and”;
2. in subsection (1)(b) leave out "and” and insert “or”; and
3. leave out subsection (1)(c) and substitute—

““(c) who has been charged with or convicted of an offence under section 24 of the Immigration Act 1971”

1. leave out subsections (2) and (3).

1. In section 33, leave out subsections (1), (2), (3) and (6A).
2. The Illegal Migration Act 2023 is amended as follows
3. Leave out subsection (5) of section 1 and insert—
4. In section 6 of the Illegal Migration Act 2023, leave out subsections (4) and (5).
5. In section 24 of the Immigration Act 1971, leave out all instances of “knowingly”.

PART 5

DATA PROTECTION

9          Exemptions from the UK GDPR: illegal migration and foreign criminals

1. The Data Protection Act 2018 is amended as follows.
2. In subsection (2)(b) of section 15 (Exemptions etc), at end insert “, and makes provision about the exemption from all GDPR provisions of persons who entered the United Kingdom illegally and foreign criminals.
3. In paragraph (2) of Schedule 2, after sub-paragraph (1) insert—

“(1A) GDPR provisions do not apply if the data subject entered the United Kingdom illegally or is a foreign criminal.

(1B) For the purposes of sub-paragraph (1A)─

1. a person “entered the United Kingdom illegally” if they entered the United Kingdom—

(i)              without leave to enter, or

(ii)            with leave to enter that was obtained by means which included deception by any person; and

1. “foreign criminal” is defined in accordance with section 32 of the UK Borders Act 2007.

PART 6

SCIENTIFIC AGE ASSESSMENT

10        Age assessments: use of scientific methods

1. The Secretary of State must, within six months of the passing of this Act, lay before Parliament

1. A statutory instrument containing regulations under section 52 of the Nationality and Borders Act 2022 specifying scientific methods that may be used for the purposes of age assessments, and
2. a statutory instrument containing regulations under section 58 of the Illegal Migration Act 2023 making provision about refusal to consent to scientific methods for age assessments.”

PART 7

GENERAL

11        Consequential and minor provision

1. The Secretary of State may by regulations make provision that is consequential on this Act.
2. Regulations under subsection (1) may, in particular, amend, repeal or revoke 35 any enactment passed or made before, or in the same Session as, this Act.

12        Regulations

1. A power to make regulations under any provision of this Act includes power to make—

1. consequential, supplementary, incidental, transitional or saving provision;
2. different provision for different purposes or areas.

1. Regulations under this Act are to be made by statutory instrument.
2. A statutory instrument containing any of the following (whether alone or 20 with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

(a)

1. Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

13        Extent

1. This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection (2).
2. An amendment or repeal made by this Act has the same extent within the United Kingdom as the provision amended or repealed.

14        Commencement

1. This Act comes into force on such day as the Secretary of State may by regulations appoint.