21
21 — Core protection: regulations about protection status and protection claims
new law9 amendments · 1 Government(1)The Secretary of State may by regulations make provision, including provision amending any enactment, about—
(a)protection status, and
(b)protection claims.
(2)For the purposes of this section—
(a)a person has “protection status” if the person has been granted leave to enter or remain in the United Kingdom—
(i)on the ground that removal of the person from the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention (“the Convention ground”), or
(ii)on the ground that removal of the person from the United Kingdom would breach the United Kingdom’s obligations in relation to people eligible for a grant of humanitarian protection (“the humanitarian protection ground”);
(b)a “protection claim” is a claim made to the Secretary of State for protection status.
(3)Regulations under subsection (1) may (among other things)—
(a)provide that a person eligible for the grant of asylum or humanitarian protection is instead eligible for the grant of protection status;
(b)provide that a person may apply for protection status by making a protection claim, and not a claim (or application) for asylum or a claim for humanitarian protection;
(c)make provision conferring rights and imposing obligations or requirements on any person (including the Secretary of State) in relation to a protection claim or protection status;
(d)make provision inserting, amending or removing references in any enactment to “protection status”, “protection claim”, “asylum”, “refugee” or “humanitarian protection”, or any related terms; this includes provision defining “protection status” without express reference to “humanitarian protection” or to the immigration rules;
(e)make different provision in relation to—
(i)protection status granted, and protection claims made, on the Convention ground, and
(ii)protection status granted, and protection claims made, on the humanitarian protection ground.
(4)Nothing in this section limits any power or duty arising under any other enactment; but that does not limit the provision that may be made under this section.
(5)In this section— “claim (or application) for asylum” means a claim by a person that to remove the person from, or require the person to leave, the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention; “claim for humanitarian protection” means a claim by a person that to remove the person from, or require the person to leave, the United Kingdom would breach the United Kingdom’s obligations in relation to people eligible for a grant of humanitarian protection; “Convention ground” has the meaning given in subsection (2)(a)(i); “enactment” means an enactment whenever passed or made, and includes— (a) this Act (but not this section); (b) an enactment comprised in subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978); (c) an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru; (d) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; (e) an enactment comprised in, or in an instrument made under, Northern Ireland legislation; “humanitarian protection” is to be construed in accordance with the immigration rules, as the rules stood on 30 June 2026; “humanitarian protection ground” has the meaning given in subsection (2)(a)(ii); “immigration rules” means rules under section 3(2) of the Immigration Act 1971; “Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and its Protocol.
(6)No regulations may be made under this section after the end of the period of one year beginning with the day on which this section came into force; but this does not affect the continuation in force of regulations made before the end of that period.
Explanatory Notes · published by the Government with the Bill
182. Subsection (1) provides the Secretary of State with a power to make regulations which can amend any enactment in respect of protection claims or protection status. Enactment is defined in subsection (5) and includes primary legislation and legislation of the devolved administration.
183. Subsection (2) defines a person as having protection status if they have been granted leave to enter or remain on the grounds that their removal would breach the UK’s obligations under the Refugee Convention, or in relation to a person eligible for humanitarian protection. This refers to the current forms of refugee and humanitarian protection limited and indefinite leave to enter or remain. A protection claim is defined as a claim made to the Secretary of State for protection status.
184. Subsection (3) provides a non-exhaustive list of things that regulations made under subsection (1) may do. These include requiring a person to make a protection claim (as opposed to a claim for asylum or humanitarian protection) and allowing the Secretary of State to grant protection status instead of refugee status or humanitarian protection. The list also includes making provision to confer rights or impose obligations on any person (including the Secretary of State) in relation to a protection claim or protection status, amending, replacing or removing reference to terms such as “protection status”, “protection claim”, “asylum”, “refugee” or humanitarian protection, and making different provisions relating to either type of existing claim. Paragraph (d) also makes it clear that, in amending another enactment to change or add a definition of protection status, the power can be used to set out a definition that does not expressly rely on the concept of humanitarian protection or does not cross-refer to the immigration rules. Instead, the definition can explain the specific circumstances in which a person falling within subsection (2)(a)(ii) will be granted leave to enter or remain in the UK
185. Subsection (4) clarifies that the clause does not limit any power or duty in existing legislation, but that this also does not limit the provisions that can be made using regulations under this section.
186. Subsection (5) provides definitions of terms used within the clause.
187. Subsection (6) means regulations made under subsection (1) must be made within a year of this clause coming into force, but any regulations made within that period will continue to remain in force.
Amendments tabled 9, including 1 from the Government · 1 would remove the whole clause
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. None has been debated yet. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Anna Turley, Minister of State (Home Office) Would remove the whole clause
Not yet debated
Explanatory statement · what it would do, in the words of the Government
See the explanatory statement for NC35.
The amendment · as tabled, addressed to the printed Bill
Page 19, line 3, leave out Clause 21
Green Party: Siân Berry, Green Spokesperson (Home)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would require regulations under Clause 21 to take into account the best interests of children.
Effect on the clause · the printed text with this amendment applied
19:18(b) a “protection claim” is a claim made to the Secretary of State for
19:19protection status.
(2A) In making regulations under subsection (1), the Secretary of State must have regard to the need to safeguard and promote the welfare and best interests of any children in respect of whom a protection claim is made or who are granted protection status.
19:20(3) Regulations under subsection (1) may (among other things)—
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 19, at end insert—
“(2A) In making regulations under subsection (1), the Secretary of State must have regard to the need to safeguard and promote the welfare and best interests of any children in respect of whom a protection claim is made or who are granted protection status.”
Liberal Democrat: Tom Gordon
Removes words
Not yet debated
Explanatory statement · what it would do, in the words of Tom Gordon
This amendment would leave out the provision for regulations about protection status and claims to confer rights or impose obligations on a person.
Effect on the clause · the printed text with this amendment applied
19:25for humanitarian protection;
19:26(c) make provision conferring rights and imposing obligations or
19:27requirements on any person (including the Secretary of State) in
19:28relation to a protection claim or protection status;
19:29(d) make provision inserting, amending or removing references in any
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 26, leave out paragraph (c)
Liberal Democrat: Tom Gordon
Removes words
Not yet debated
Explanatory statement · what it would do, in the words of Tom Gordon
This amendment would leave out the provision for regulations about protection status and claims to make different provision for claims made on Convention or humanitarian grounds.
Effect on the clause · the printed text with this amendment applied
19:33reference to “humanitarian protection” or to the immigration rules;
19:34(e) make different provision in relation to—
19:35(i) protection status granted, and protection claims made, on the
19:36Convention ground, and
19:37(ii) protection status granted, and protection claims made, on the
19:38humanitarian protection ground.
19:39(4) Nothing in this section limits any power or duty arising under any other
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 34, leave out paragraph (e)
Amendment 137
New
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson
This probing amendment would require regulations to provide that a person’s continuing need for protection is considered every time their protection status comes up for renewal, rather than only in targeted cases.
Effect on the clause · the printed text with this amendment applied
19:35(i) protection status granted, and protection claims made, on the
19:36Convention ground, and
(3A) Regulations under subsection (1) which provide for the grant of protection status must provide that, before any further leave to remain is granted to a person with protection status, the Secretary of State must consider whether the person’s removal from the United Kingdom would still breach the United Kingdom’s obligations on the Convention ground or the humanitarian protection ground.
19:37(ii) protection status granted, and protection claims made, on the
The amendment refers to the end of line 37; the provision it follows ends on line 36 of page 19 of the print.
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 37, at end insert—
“(3A) Regulations under subsection (1) which provide for the grant of protection status must provide that, before any further leave to remain is granted to a person with protection status, the Secretary of State must consider whether the person’s removal from the United Kingdom would still breach the United Kingdom’s obligations on the Convention ground or the humanitarian protection ground.”
Liberal Democrat: Tom Gordon
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Tom Gordon
This amendment would mean that people granted protection status would also be given an initial grant of leave to remain for at least five years, with the ability to apply for indefinite leave to remain after five years.
Effect on the clause · the printed text with this amendment applied
19:37(ii) protection status granted, and protection claims made, on the
19:38humanitarian protection ground.
(3A) Regulations under subsection (1) must provide that a person granted protection status—
(a) must be given an initial grant of leave to remain of not less than five years, and
(b) must be eligible to apply for indefinite leave to remain after holding protection status for five years.
19:39(4) Nothing in this section limits any power or duty arising under any other
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 38, at end insert—
“(3A) Regulations under subsection (1) must provide that a person granted protection status—
(a) must be given an initial grant of leave to remain of not less than five years, and
(b) must be eligible to apply for indefinite leave to remain after holding protection status for five years.”
Liberal Democrat: Tom Gordon
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Tom Gordon
This amendment would require regulations to allow close family members of people granted protection status to apply for leave to enter and remain in the United Kingdom, without having to pay any fee.
Effect on the clause · the printed text with this amendment applied
19:37(ii) protection status granted, and protection claims made, on the
19:38humanitarian protection ground.
(3A) Regulations under subsection (1) must provide that close family members of a person granted protection status are able to apply for leave to enter and remain in the United Kingdom.
(3B) For the purposes of subsection (3A), "close family members” include—
(a) a person’s spouse, civil partner or unmarried partner; and
(b) any child, including adopted child, of the person who is either—
(i) under the age of 18, or
(ii) over the age of 18 but dependent on the person.
(3C) Regulations described in subsection (3A) must not require the payment of any fee, charge or immigration health surcharge, nor impose any minimum income, maintenance, accommodation or financial requirement.
19:39(4) Nothing in this section limits any power or duty arising under any other
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 38, at end insert—
Show the full text (7 lines)
“(3A) Regulations under subsection (1) must provide that close family members of a person granted protection status are able to apply for leave to enter and remain in the United Kingdom.
(3B) For the purposes of subsection (3A), "close family members” include—
(a) a person’s spouse, civil partner or unmarried partner; and
(b) any child, including adopted child, of the person who is either—
(i) under the age of 18, or
(ii) over the age of 18 but dependent on the person.
(3C) Regulations described in subsection (3A) must not require the payment of any fee, charge or immigration health surcharge, nor impose any minimum income, maintenance, accommodation or financial requirement.”
Green Party: Siân Berry, Green Spokesperson (Home)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would reflect the commitment in the delegated powers memorandum for this Bill that the Clause 21 regulation-making powers “will not be used to reduce the entitlements currently held by refugees or persons with humanitarian protection.”
Effect on the clause · the printed text with this amendment applied
19:37(ii) protection status granted, and protection claims made, on the
19:38humanitarian protection ground.
(3A) Regulations under subsection (1) may not make provision which has the effect of making the rights, entitlements or protections available to a person granted protection status more restrictive than those available to a person granted asylum or humanitarian protection before 30 June 2026.
19:39(4) Nothing in this section limits any power or duty arising under any other
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 19, line 38, at end insert—
“(3A) Regulations under subsection (1) may not make provision which has the effect of making the rights, entitlements or protections available to a person granted protection status more restrictive than those available to a person granted asylum or humanitarian protection before 30 June 2026.”
Amendment 138
New
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
Adds words
Not yet debated
Explanatory statement · what it would do, in the words of Blake Stephenson
This probing amendment would require the Government to publish its draft regulations on protection status, together with the proposed Immigration Rules on the length of leave, reviews and the route to settlement under core protection, before asking Parliament to approve the regulations.
Effect on the clause · the printed text with this amendment applied
20:31but this does not affect the continuation in force of regulations made before
20:32the end of that period.
(7) Before a draft of the first statutory instrument containing regulations under this section is laid before Parliament, the Secretary of State must publish—
(a) a draft of the regulations, and
(b) a statement of the changes to the immigration rules which the Secretary of State proposes to make in connection with protection status, including—
(i) the period of leave to be granted to a person with protection status,
(ii) the circumstances in which a person’s continuing need for protection will be reviewed, and
(iii) the qualifying period for indefinite leave to remain.
The amendment · as tabled, addressed to the printed Bill
Clause 21, page 20, line 32, at end insert—
Show the full text (6 lines)
“(7) Before a draft of the first statutory instrument containing regulations under this section is laid before Parliament, the Secretary of State must publish—
(a) a draft of the regulations, and
(b) a statement of the changes to the immigration rules which the Secretary of State proposes to make in connection with protection status, including—
(i) the period of leave to be granted to a person with protection status,
(ii) the circumstances in which a person’s continuing need for protection will be reviewed, and
(iii) the qualifying period for indefinite leave to remain.”