Immigration and Asylum Bill

Now at: Committee stage, House of Commons · text shown: Bill 105 · as introduced (30 June 2026) · checked 17 October 2026

Bill documents (21)

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Showing Clause 39 only. View the whole Bill ← clause 38clause 40 →

212 amendments tabled at Committee stage, House of Commons, 62 by the Government, the ones most likely to become law. 69 are new in the last 7 days. So far 22 agreed, 15 rejected and 23 withdrawn or not pressed; the Committee next sits on Tuesday 20 October.

The latestAll amendmentsThe Government’s 62 · Parliament’s record checked 17 October 2026 at 08:33

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Part 5 — Modern Slavery

39

39 — Removal of duty to grant leave to remain to assist recovery

amends 2 amendments · 1 Government

In section 65 of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking)—

(a)in subsection (2), omit paragraph (a),
(b)in subsection (4), omit paragraph (a), and
(c)omit subsection (5).
Amends Nationality and Borders Act 2022, section 65 — Leave to remain for victims of slavery or human trafficking
As it would read once this is applied · text as at 17 October 2026 · view full text on legislation.gov.uk ↗
This provision is also amended by clause 38 — only this clause’s changes are highlighted here.
Nationality and Borders Act 2022 — section 65
(1) This section applies if a positive conclusive grounds decision is made in respect of a person—
(a) who is not a British citizen, and
(b) who does not have leave to remain in the United Kingdom.
(2) The Secretary of State must grant the person limited leave to remain in the United Kingdom if the Secretary of State considers it is necessary for the purpose of—
(a) assisting the person in their recovery from any physical or psychological harm arising from the relevant exploitation,
(b) enabling the person to seek compensation in respect of the relevant exploitation, or
(c) enabling the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation.
(3) Subsection (2) is subject to section 63(2).
(4) Leave is not necessary for the purpose mentioned in—
(a) subsection (2)(a) if the Secretary of State considers that the person’s need for assistance is capable of being met in a country or territory within paragraph (a) or (b) of subsection (5) (or both);
(b) subsection (2)(b) if the Secretary of State considers that—
(i) the person is capable of seeking compensation from outside the United Kingdom, and
(ii) it would be reasonable for the person to do so in the circumstances.
(5) A country or territory is within this subsection if—
(a) it is a country of which the person is a national or citizen;
(b) it is one to which the person may be removed in accordance with an agreement between that country or territory and the United Kingdom (which may be, but does not need to be, an agreement contemplated by Article 40(2) of the Trafficking Convention).
(6) Subsection (7) applies if the Secretary of State is satisfied that—
(a) the person is a threat to public order, or
(b) the person has claimed to be a victim of slavery or human trafficking in bad faith.
(7) Where this subsection applies—
(a) the Secretary of State is not required to grant the person leave under subsection (2), and
(b) if such leave has already been granted to the person, it may be revoked.
(8) Leave granted to a person under subsection (2) may be revoked in such other circumstances as may be prescribed in immigration rules.
(9) Subsections (3) to (7) of section 63 apply for the purposes of this section as they apply for the purposes of that section.
(10) In this section—
“positive conclusive grounds decision” means a decision made by a competent authority that a person is a victim of slavery or human trafficking;
“public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998;
“the relevant exploitation” means the conduct resulting in the positive conclusive grounds decision.
(11) This section is to be treated for the purposes of section 3 of the Immigration Act 1971 as if it were provision made by that Act.
About the provision this changes
Cases citing s.65: 9 — R (MM) v SSHD [JR-2025-LON-003693] JR-2025-LON-003693; AYA & Ors, R (on the application of) v Secretary of State for the Home Department [2026] EWHC 1742 (Admin); R (on the application of TK) v Secretary of State for the Home Department (VTS leave – unpublished policy) (IJR) [2026] UKUT 00316
Rules paragraphs referring to s.65: 4 — Introduction to the Immigration Rules: Interp: Cancellation; Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery: VTS.3.1, VTS.3.3
Free Movement articles: Home Office U-turn over grants of leave to trafficking victims after legal challenge ↗; Protection claims, victims of human trafficking or slavery leave and residence permits ↗
Explanatory Notes · published by the Government with the Bill
312. Clause 39 repeals subsections (2)(a), (4)(a) and (5) of section 65 of the Nationality and Borders Act 2022 (‘NABA’). 313. These amendments will, taken together, remove the requirement on the Secretary of State to grant temporary limited leave to remain (known as ‘temporary permission to stay’, or ‘TPS’) to confirmed victims of modern slavery (i.e. individuals with a positive conclusive grounds decision) who are not British citizens and who do not have leave to remain in the UK, for the purpose of assisting them in their recovery from any physical or psychological harm arising from the relevant exploitation. 314. The effect of these amendments is that the Secretary of State will only be obliged to grant temporary limited leave to remain (TPS) in the UK for the cohort described at paragraph 226 above if they consider it necessary for the purposes of - • enabling the person to seek compensation in respect of the relevant exploitation, or • enabling the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation.
Amendments tabled 2, 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

Amendment 60
Green Party: Siân Berry, Green Spokesperson (Home) Would remove the whole clause Not yet debated
The amendment · as tabled, addressed to the printed Bill
Page 43, line 11, leave out Clause 39

No explanatory statement was published with this amendment.

Amendment 119 GovernmentNew
Anna Turley, Minister of State (Home Office) Adds words Not yet debated
Explanatory statement · what it would do, in the words of the Government

This amendment will clarify that the duty to grant limited leave to remain to a victim of slavery or human trafficking does not apply if the victim already has leave to enter the United Kingdom or a right of abode in the United Kingdom.

Effect on the clause · the printed text with this amendment applied
43:12In section 65 of the Nationality and Borders Act 2022 (leave to remain for
43:13victims of slavery or human trafficking)—
(za) in subsection (1)—
(i) omit “and” at the end of paragraph (a),
(ii) in paragraph (b), after “leave to” insert “enter or”, and
(iii) at the end of paragraph (b) insert
“, and
(c) who does not have a right of abode in the United Kingdom”,
43:14(a) in subsection (2), omit paragraph (a),
The amendment · as tabled, addressed to the printed Bill
Clause 39, page 43, line 13, at end insert—
Show the full text (6 lines)
“(za) in subsection (1)—
(i) omit “and” at the end of paragraph (a),
(ii) in paragraph (b), after “leave to” insert “enter or”, and
(iii) at the end of paragraph (b) insert
“, and
(c) who does not have a right of abode in the United Kingdom”,”
Proposed new clause from the Government, to go after clause 39: Exception from automatic deportation of foreign criminals New clause 32 · Not yet debated
New clause 32 Exception from automatic deportation of foreign criminalsGovernmentNew
Anna Turley, Minister of State (Home Office) New clause Not yet debated
Explanatory statement · what it would do, in the words of the Government

This new clause, to go after clause 39, replaces an exception from the duty to deport foreign criminals. The existing exception operates by reference to the Council of Europe Convention on Action against Trafficking in Human Beings. The replacement exception will operate by reference to the domestic legislation that gives effect to that Convention.

The proposed clause · as tabled
In section 33 of the UK Borders Act 2007 (exceptions from automatic deportation of foreign criminals) for subsection (6A) substitute—
“(6A) Exception 6 is where—
(a) the foreign criminal has limited leave to remain in the United Kingdom under section 65(2) of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking),
(b) the Secretary of State is under a duty to grant the foreign criminal limited leave to remain in the United Kingdom under that section, or
(c) the Secretary of State intends to grant the foreign criminal limited leave to remain in the United Kingdom under that section despite not being required to do so as a result of the application of subsection (7)(a) of that section.””

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