Labour has described the government’s approach to refugees as “deeply shameful” after ministers confirmed they are to stick with a planned law change that could mean Ukrainians who arrive in the UK without the correct visa could be jailed for four years.
A number of Tory MPs could rebel on parts of the controversial nationality and borders bill, which returns to the Commons on Tuesday to consider a string of changes made by the House of Lords.
While the Home Office has agreed to give way on a couple of amendments, it plans to push ahead again with plans for anyone who arrives in the UK by an unofficial route to have their asylum claim immediately ruled as inadmissible, with the possibility of up to four years in jail, which peers had overturned.
According to a Home Office briefing note for MPs, ministers will still pursue the idea of Australian-style offshore processing centres for refugees, and block other Lords amendments aimed at making it easier for families to be reunited, and for unaccompanied refugee children to come to the UK.
The bill was last considered by MPs in December, and since then Russia’s invasion of Ukraine has forced an estimated 10 million people to flee their homes, more than 3.5 million of whom are now refugees outside the country. More than 100,000 Britons have signed up to a scheme to house people from Ukraine.
Yvette Cooper, shadow home secretary, called for Tory MPs to push Priti Patel, the home secretary, into changing course.
“It is unbelievable and deeply shameful that at a time like this Priti Patel is still pushing ahead with plans that could criminalise desperate Ukrainians who arrived in the UK with the wrong papers, and mean vulnerable refugees who have fled war or persecution could end up with prison sentences,” she said.
“I hope Conservative MPs will join us in telling the government to think again. Britain is better than this.”
A Home Office source rejected Cooper’s arguments, saying the purpose of the bill was to crack down on illicit, people smuggling-based routes, and would thus help free up resources for refugees such as those from Ukraine.
While the government is not expected to lose any votes, there is disquiet among some Tory backbenchers over several of the plans, including one to try to process asylum seekers overseas, a move critics say would be vastly expensive and deeply harmful.
Another Lords amendment set to be overturned aimed to make it easier for asylum seekers to work while their claim is being processed. Currently, they can only do so after 12 months, and only if the job is on a list of occupations for which there is a shortage.
More than two dozen Tory MPs, including former ministers Robert Buckland, Andrew Mitchell, Karen Bradley and Stephen Crabb, have signed a letter to Boris Johnson – put together by the Conservative peer Philippa Stroud – backing the idea of the occupations limit being lifted, with the time limit cut to six months.
The letter argues that as well as asylum seekers being able to fill jobs for which there are vacancies, evidence shows that being in work helps them to integrate.
Mitchell told the Guardian he was hoping ministers would listen on overseas processing and employment, as well as another Lords amendment which has also been rejected, which would require the government to resettle at least 10,000 refugees in the UK every year.
“We are trying to help the government achieve its purpose in this otherwise excellent bill,” Mitchell said. “The government should listen to parliament, rather than assume its contribution is antagonistic.”
Another Lords change which the Home Office will seek to overturn is one led by law lords which sets out that nothing in the bill should contravene the UN’s 1951 refugee convention, to which the UK is a party.
Although the UN refugee agency has warned it believes the bill is likely undermine the convention, ministers argue the amendment is not needed because “everything we are doing is compatible with all of our obligations under international law”.
Cooper said: “Countries like Poland, Romania and Moldova are all doing their bit under the refugee convention to help Ukraine – yet instead of supporting that vital international collaboration, Conservative ministers are trying to rip the convention up.”
• This article was amended on 22 March 2022. An earlier version said Russia’s invasion of Ukraine had created “an estimated 10 million refugees”. To clarify: around 3.5 million people have fled the country, according to UN figures, while the remainder of the 10 million are currently displaced internally within Ukraine.
