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Dozens of Labour MPs demand migration U-turn with ‘Windrush-style scandal’ warning

More than 40 Labour MPs have signed a motion calling for the government to scrap changes to indefinite leave to remain (ILR) which would be applied to migrant workers already living in the UK

Dozens of Labour MPs have publicly broken ranks to call for Andy Burnham to rip up controversial migration plans – with the PM warned they could create a fresh Windrush-style scandal.

The PM faces a rebellion over proposals to double the standard qualifying period for Indefinite Leave to Remain (ILR) and apply this to migrant workers already in the UK. Critics claim the government would be acting “like a cheap-con man” if it did so.

Home Secretary Shabana Mahmood has put forward a raft of measures which she says will make the system fairer, with a decision expected in the autumn. It will affect around 1.6million people who are expected to settle in the UK between 2026 and 2030, with the government branding it the biggest overhaul of legal migration rules in 50 years.

Furious backbencher Neil Duncan-Jordan has warned that changing the rules for people already in the UK is “un-British” – echoing criticism by Cabinet member Angela Rayner in March. A motion by Mr Duncan-Jordan calling for the ILR shake-up to be scrapped has been backed by 78 MPs, including 43 from Labour.

He said: “This issue may well be one of the first real tests for the new Prime Minister. There have been encouraging signs that the Burnham government recognises this has been handled badly.

“The first step must be protecting the rights of all existing skilled worker visa holders. Whether you work in a care home, on our railways or in the medical professions, people built their lives on the basis of a clear deal: come here, contribute, and you can stay. To change the rules half way through someone’s stay is simply un-British.

“As a trade unionist, I worked with migrant workers, including care workers for years. I saw people working incredibly hard in difficult conditions to provide warmth, dignity and care to our loved ones. What message does it send about the sort of country we are if we go back on our word like a cheap con-man to those workers?”

And he continued: “If we don’t change course, the risk of creating a Windrush-style scandal on a massive scale is obvious. Our public services will suffer, those who rely on those services will suffer and those who have been providing those services will suffer. There is no way out of this – the current plans have got to be scrapped.”

Hundreds of Commonwealth citizens were detained, deported and denied legal rights and even medical care under the Tory ‘hostile environment’ policies after being accused of being in the UK illegally.

Ms Mahmood has unveiled a new system of ‘earned citizenship’ with sweeping changes to ILR rules. Under her plans high earners could qualify for settlement after three years, while doctors, teachers and nurses would be eligible after five.

Years can be shaved off the standard 10 year wait by doing volunteering work, the Home Secretary said. Grants under the Windrush and EU Settlement schemes also remain unchanged.

The Prime Minister and Home Secretary are under pressure to create a carve-out for care workers – who are among lower-paid foreign workers who would have to wait 15 years. Earlier this week polling by BMG Research for the i newspaper found 45% of voters want overseas workers already in the UK to be excluded from the rules.

This compares to 33% who think they should be included. A consultation ran between November last year and this February, with officials trawling through 20,000 responses.

Last month borders minister Anna Turley said Ms Mahmood is working on making sure the new system is fair. Asked about exempting care workers, she told The Mirror: “I know the Home Secretary has done a huge amount of work on this, she’s continuing to look at it at the moment, and I think these the policy will be developed over the coming months.

“So, I know the Home Secretary will continue to look at that. I’ve heard myself many representations, people say particularly those working in the care sector, but beyond that, the Home Secretary is working at pace to make sure that we have a system that is fair, that recognises people’s contribution, people who want to come to this country and work and work in our essential services and and contribute. But balance with the reality that we also have to make sure that we can have a sustainable social system, a welfare system that British people can afford.”

Pressed about the changes being made retrospective, Ms Turley said: “I’m not going to preempt anything that’s coming down the track, and we have to be careful when we talk about retrospective. We’re always going to have policy changes, we’ve always got to respond to the challenges of the day and the pressures that we face as a country.

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“But as I said, I know that priority for the Home Secretary and the Prime Minister will be about the contribution that people make to this country, and I know that will be taken into account going forward.”

A Home Office spokesperson said: “Last November, we set out reforms to double the standard qualifying period to 10 years for most migrants, with shorter routes for those who contribute most to the UK.

“A consultation on elements of those reforms has now closed, and we will set out our response in due course.”