EU Nationals: UK Residence

Debate between Caroline Lucas and James Brokenshire

Monday 4th July 2016 Commons Chamber

[James Brokenshire]

I welcome my hon. Friend’s comments. We want to make sure that EU nationals who are already here can stay in Britain, but we also, as I have already stressed, need to guarantee the rights of British nationals living in EU member states. That needs to be a priority of our negotiations.

[Caroline Lucas (Brighton, Pavilion) (Green)]

On exactly that point, can the Minister explain how it can possibly be likely to prejudice the rights of UK nationals in the EU if we do the right thing—if we do the moral thing—and uphold basic human rights by extending the rights of EU nationals here? Does he recognise how out of touch he is on this issue, and will he take that message back to the Home Secretary in no uncertain terms?

[James Brokenshire]

Of course, I understand the point that the hon. Lady makes about wanting to act. We need to be careful about the unintended consequences and other implications of things that we do now, up front, to ensure that we get the best possible outcome for British citizens overseas. It is about looking at this in the round to achieve the best outcome. I think she and I both agree on that, but we differ on how we should go about it.

Immigration Bill

Debate between Caroline Lucas and James Brokenshire

Tuesday 1st December 2015 Commons Chamber

[James Brokenshire]

I am afraid that I do not, on the basis that immigration is a reserved matter. The hon. Lady may be aware that the Migration Advisory Committee analyses differences in this regard between the countries of the UK, as well as regional differences. For example, in Scotland there is a separate shortage occupation list, so there is an ability to reflect variations across the UK in assessing evidence and policy.

New clauses 1 and 11 would widen the scope for refugee family reunion. I am aware of the calls from the Refugee Council and others for that. We recognise that families may become fragmented because of the nature of conflict and persecution, and the speed and manner in which those seeking asylum often flee their country of origin. Our policy allows the immediate family members of a person with refugee leave or humanitarian protection —for example, a spouse or partner, and children under the age of 18 who formed part of the family unit before the sponsor fled their country—to be reunited with them in the UK. The immigration rules allow for the sponsorship of other family members. By contrast, some EU countries require up to two years’ lawful residence before a refugee becomes eligible and impose time restrictions on how quickly family members must apply once their sponsor becomes eligible.

We have granted over 21,000 family reunion visas over the past five years. In our judgment, widening the criteria for inclusion would not be practical or sustainable. It might be a significant additional factor in how the UK is viewed by those choosing where among the different jurisdictions to make their asylum claim, and it would undermine our wider asylum strategy. Some have asked whether we have fully implemented the Dublin regulations. In our judgment, we have. The challenge is to get family members to make claims in EU countries to establish the links that operate under the Dublin regulations. That is often the impediment standing in the way of those who are entitled to this, but who need to start by making their claim in an EU country.

[Caroline Lucas (Brighton, Pavilion) (Green)]

Does the Minister not accept that the definition of a family is drawn incredibly tightly and is very cruel, for example to those with siblings or children over the age of 18? He says that extending the criteria would not be efficient or effective, but it would actually be one of the most effective ways of granting refugee status to more people. Such people will not put great pressure on our services because they will largely be looked after by their families.

[James Brokenshire]

I recognise the manner in which the hon. Lady advances her point, but our judgment is that the policy strikes the right balance. Our family resettlement policy has rules, but equally, certain circumstances—for example, where there are older relatives, or issues relating to illness or medical need—allow for some greater flexibility within those existing rules. From our standpoint, the steps we are taking on resettlement are about an assessment of vulnerability. That is redolent of the approach we are taking in the camps, through the United Nations High Commissioner for Refugees, and how we are seeking to deal with resettlement.