Rights of EU Citizens Resident in the UK

Caroline Nokes Excerpts

Tuesday 20th February 2018 Written Statements

[The Minister for Immigration (Caroline Nokes)]

The Government have been clear since the start of negotiations with the EU that protecting the rights of EU citizens in the UK, together with the rights of UK nationals living in EU countries, was their first priority.

Since the opposition day debate on 29 November 2017 secured by the hon. Member for North East Fife (Stephen Gethins) on the vital issue of safeguarding citizens’ rights, we have delivered on that commitment and reached an agreement with our EU partners on citizens’ rights. The agreement was set out as part of a joint report issued on 8 December 2017, and provides more than three million EU citizens living in the UK with certainty about their future rights and, most importantly, allows them and their families to stay in the UK.

The agreement will protect EU citizens who have been exercising free movement rights in the UK at the time of the UK’s withdrawal from the EU. Family members, including those from outside the EU, living lawfully in the UK with a qualifying EU citizen at this point are also protected.

As part of our citizens’ rights agreement, we have agreed with the EU that we will introduce a new settled status scheme under UK law for EU citizens and their family members who are covered by the agreement. Those who have already had five years of continuous residence in the UK will be eligible to apply for settled status. Others will be able to remain in the UK to build up their five years’ residence.

We have agreed with the EU that the eligibility criteria for UK settled status will be the same as, or more favourable than, those set out in the EU Directive 2004/38/EC for acquiring permanent residence. In line with this, we have already committed to setting the evidence requirements to suit the demands of this unique situation and have taken a unilateral decision to introduce more favourable provisions to ensure that everyone lawfully in the UK on exit day will be able to stay. For example, we will not require evidence that economically inactive EU citizens have previously held comprehensive sickness insurance or apply a “genuine and effective” work test. We are engaging closely with representative bodies for EU citizens in the UK to understand all the different circumstances under which they have built their lives in the UK so as to tailor evidential requirements appropriately.

Those who obtain settled status under the agreement on citizens’ rights will be granted indefinite leave to remain in UK law. This status will provide the holder with the same access to benefits, education and healthcare as those who have obtained permanent residence under EU law.

In addition, those granted indefinite leave to remain in line with this agreement will also benefit from certain more favourable entitlements than those with permanent residence under EU law. For example, their status will not lapse unless they have been continuously absent from the UK for over five years, as opposed to two years.

Importantly, our agreement on citizens’ rights has also opened the door for us to finalise work on the development and delivery of the new system for settled status applications.

The scheme, which will open for applications by the end of 2018, will be streamlined, user-friendly and will draw on existing Government data to minimise the burden on applicants to provide evidence.

The Home Office will work with applicants to ensure that their application is not refused on minor technicalities, and caseworkers considering applications will exercise discretion in favour of the applicant where appropriate. As a result, we expect the vast majority of cases to be granted.

To ensure all EU citizens and their families have enough time to apply for UK status, the scheme will remain open for applications for at least two years after the UK leaves the EU. During this period, they will enjoy the rights conferred by the agreement. The application fee will not exceed the cost charged to British citizens for a UK passport, and for those who already have a valid permanent residence document there will be a simple process to exchange this for a new settled status document which will be free of charge.

The agreement reached in December will now be converted into the legal text of the Withdrawal agreement. The withdrawal agreement and implementation Bill will incorporate the contents of the withdrawal agreement, including the agreement on citizens’ rights, into UK law by primary legislation. This will mean that the agreement on citizens’ rights will have direct effect in UK law and EU citizens can rely directly on it.

We are pleased with the progress we have made on citizens’ rights. Reaching an agreement with the EU on this and other separation issues is an important step on our journey towards a new relationship with our European partners.

The Government hugely value the contributions that EU citizens and their families make to the economic, social and cultural fabric of this country, and we have been clear from the start that we want them to stay. The agreement we have reached with the EU will allow EU citizens to do this and continue living their lives as they do now.

[HCWS471]

Immigration White Paper

Caroline Nokes Excerpts

Monday 5th February 2018 Commons Chamber

[Mr Speaker]

Well, all right. If the right hon. Lady were sitting a written exam today, she would probably have to do a little more revision. I think she has not quite remembered the precise wording. Nevertheless, as Jack Straw would have said, I think we have got the gravamen of the matter.

[The Minister for Immigration (Caroline Nokes)]

I will endeavour to answer the question that was set.

It is of course a great pleasure to come to the House today to answer the question from the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and I commend her for her brevity. In doing so, I point out that Ministers have made great efforts to keep the House informed of the state of play on the UK’s exit from the European Union, bearing in mind that we are in an ongoing negotiation and cannot give a running commentary.

Since June 2016, there have been numerous ministerial statements. This question, however, relates specifically to immigration, so I remind the House of where we have got to. Our first priority in the negotiation is to reach a deal on citizens’ rights, on the position of the 3 million EU citizens currently in the UK and, just as importantly, on the position of the 1 million UK citizens who reside in other EU member states. An agreement was successfully concluded on that last December, meaning that all those people were guaranteed continuing rights to live and work as they do now. Of course, we updated Parliament fully at the time. Our next priority is to agree the arrangements during the implementation period—the period immediately following the UK’s exit next March. Negotiations are shortly to begin with the EU. My right hon. Friend the Prime Minister set out the UK’s broad objectives in the speech she gave in Florence last year. We will publish a White Paper in the coming months, when the time is right, and of course we will consider how we can update the House as negotiations progress.

As to the longer term, as the House will know, the Government have commissioned the independent Migration Advisory Committee to advise on the economic aspects of the UK’s exit. The MAC has been asked to report by September 2018, although it has been invited to consider whether it could also produce interim reports. Let me be clear: given that we expect to have an implementation period of about two years after we leave, there will be plenty of time to take account of the MAC’s recommendations in designing the longer-term immigration system for the UK.

We are clear that the Government will make a success of Brexit. We will end free movement and build an immigration system that works in the national interest. We will, as we have done thus far, ensure that Parliament is kept informed and up to date.

[Yvette Cooper]

I welcome the Immigration Minister to her new post, but she did not give us any information about immigration or the immigration White Paper. The Home Secretary told the House and the Select Committee in October that there would be an immigration White Paper by the end of last year and a Bill early this year. The then Immigration Minister, the right hon. Member for Great Yarmouth (Brandon Lewis), told the Committee in November that the White Paper would be produced “soon”, but now we have this. What on earth is going on? I have to say to the new Minister that this is a shambles. I understand that the MAC is not reporting until the autumn and that it will want to take advice on the labour market, but Ministers knew that timetable before Christmas, when they answered those questions. They knew that timetable because they set it when they asked for advice from the MAC. I also understand that negotiations are continuing, but, again, Ministers knew that before Christmas. In addition, this does not get around the obligation on the Home Office to tell the House, the public, EU citizens and employers what its negotiating objectives actually are.

These practical questions need answering very soon, not “in good time” or “when the time is right”. For example, what will the legal status be of the EU nationals who have not registered by the end of the grace period? The Home Secretary told the Committee that that would be in the White Paper. What will the arrangements be for European economic area citizens from Norway or Switzerland? If EU citizens arriving after March next year do not register, will they be able to work? Will employers have to check their registration documents? Will landlords have to make checks before they rent these people a property? What is the position for EU students coming this autumn? What will the arrangements for them be?

We know that the Prime Minister wants people arriving after March 2019 to be treated differently, but we have no idea how. It is just not good enough keeping Parliament in the dark in this way. The Government have said they do not want to be in the single market, but they have not told us what they want instead. They have said that they do not want to be in the customs union, but they have not told us what they want instead. Now they have said that they do not want to have free movement, but, again, they have not told us what they want instead or even what their negotiation objectives are. At best, Ministers are cutting Parliament and the public out of the crucial debate about the future of our country. At worst, they seem to be stuck in negotiations without having agreed, even among themselves, what they want to achieve out of them. May I suggest to the Immigration Minister that she asks the Home Secretary to come to this House to make a full statement, at least on the transition arrangements? The clock is ticking and when you are running out of time, you cannot keep kicking the can down the road.

[Caroline Nokes]

First, I reassure the right hon. Lady that we are not kicking the can down the road. We are making sure we get a system that is right for people. That is why I make no apology for making our priority the 3 million EU citizens living here and the 1 million UK citizens living in EU states. We want to have a system in place for them during the implementation period so that we can register those 3 million people as smoothly and seamlessly as possible. It is imperative that, when we come to the House with a White Paper and an immigration Bill, they are the right pieces of legislation.

[Sir Desmond Swayne (New Forest West) (Con)]

When are we likely to get immigration down to the tens of thousands?

[Caroline Nokes]

My right hon. Friend will know as well as I do that in successive Conservative party manifestos we have made a commitment to making sure that we bring immigration down to sustainable levels.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

The immigration White Paper was originally scheduled to be published last summer. Then, Ministers told the Home Affairs Committee that it would be published before Christmas. Does not this constant postponement speak to the chaos and confusion on immigration in the Department as a whole? Does the Minister accept that, as the director general of the Confederation of British Industry said, business will be “hugely frustrated” by yet another postponement? Does she appreciate that firms need time to plan for change?

Does the Minister accept that this uncertainty is particularly upsetting for the 3 million EU citizens who live here? These people are contributing to the health service, social care, universities, financial services and the hospitality industry, among many other sectors. They are many of our constituents, neighbours and work colleagues. It is wrong that they should be treated like this. Furthermore, the longer the uncertainty goes on, the less willing EU citizens will be to come here to take up employment. Does the Minister accept that the consequences for recruitment in the health service in particular are potentially very serious? Does she also accept that European students who come to study in Britain after March 2019 will want reassurance that, if they are doing a three or four-year course, they will be able to stay for more than two years without having to apply again for a residence permit?

It is all very well for the Minister to say that the White Paper will be published when the time is right. The Opposition argue that the time has been right for some time and that the Government’s postponement and delay are inexcusable.

--- Later in debate ---

[Caroline Nokes]

What is crucial is that, as my predecessor as Immigration Minister did, I continue to consult businesses and universities to make sure that their views are fed into the process. Likewise, the Migration Advisory Committee is consulting businesses because it is so important that their views are fed into the process and that the Government can use the response of economic experts to enable us to determine the best policy going forward.

[Sir Robert Syms (Poole) (Con)]

I commend the Home Office for the careful and considered way it is dealing with this important Bill. It is listening to business and the experts and waiting for some further negotiation, before introducing a Bill that will be fit for purpose for this country for the next 10 or 20 years.

[Caroline Nokes]

Of course, what we are seeking to do is to have evidence-led policy making.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

This unnecessary and unwelcome delay in the publication of a White Paper that was originally promised last summer should perhaps not surprise us, given the Government’s chaotic and aimless approach to Brexit. Even the transition arrangements are in chaos, with the Prime Minister saying that she will push back on residency rights for EU nationals during the transition, thereby making it harder to attract key EU nationals. All that while we are already rejecting doctors and crucial staff from outside the EU because the ridiculous tier 2 cap has been breached for two months in a row.

Scottish Government economic modelling shows that, on average, every EU citizen working in Scotland contributes £34,000 in GDP. The leak of the Whitehall EU exit analysis means we now know that the UK Government are sitting on analysis that comes to precisely the same conclusions as the Scottish Government’s. That highlights yet again the positive contribution that EU citizens make to Scotland’s economy and communities. Free movement has been vital to support healthy population growth in Scotland. I urge the Minister to continue dialogue with the Scottish Government to ensure that immigration rules after exit do not undo that welcome progress.

[Caroline Nokes]

I thank the hon. Gentleman for that question. He is of course right to point out that EU citizens who have made their lives in the UK have made a huge contribution to our country. That is precisely why we want to see their rights preserved and, indeed, why the Government are legislating that they should be through the withdrawal agreement. I absolutely take on board his comment about the Scottish Government. I reassure him that we will of course continue to work with our colleagues in the Scottish Government to make sure that we get the best results for the whole United Kingdom.

[Bill Grant (Ayr, Carrick and Cumnock) (Con)]

Will my right hon. Friend confirm that the Government are committed to leaving the single market and that that will allow the United Kingdom to have more control over EU immigration in future?

[Caroline Nokes]

My hon. Friend will know as well as I do that, when people voted in June 2016 to leave the EU, part of that decision for some people was based on immigration. That is why we are taking back control of our borders and will do so through the immigration Bill when it is introduced.

[Chris Bryant (Rhondda) (Lab)]

The Minister seemed to suggest that there is no need to deal with this matter before the transition period because we will have the whole transition period—some two years—in which to sort out new arrangements. Does that mean that we will be retaining freedom of movement during the transition period, in which case why do we not stay in the single market?

[Caroline Nokes]

We have been very clear that, after our exit, we want a deep and special relationship with our neighbours going forward, but we also want a smooth transition. It is really important that we have an implementation period that enables us to make sure that the 3 million EU citizens who are here are allowed to register smoothly and seamlessly. The hon. Gentleman will be as aware as I am that the Prime Minister has been very clear that we are leaving the single market and we are leaving the customs union.

[Michelle Donelan (Chippenham) (Con)]

Does the Minister agree that the referendum sent out a clear message that people want to take back more control over EU immigration, and that it is therefore crucial that we get this right and publish the report when it is fully ready?

[Caroline Nokes]

My hon. Friend is, of course, right that, back in 2016, people sent us a very clear message. It is absolutely imperative that we have a smooth transition and that we publish the White Paper and the immigration Bill when the time is right, not before we are ready to do so.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

With the Government’s position on this topic totally unclear even to Parliament, how on earth can Ministers expect to be taken seriously in the ongoing negotiations with our EU counterparts?

[Caroline Nokes]

I am not quite sure how I can be clearer: we are leaving the single market, we are leaving the customs union, and we are seeking to implement a process that will last throughout the implementation period that allows those 3 million EU individuals living here, whose contribution we value, to register for their settled status as smoothly and as seamlessly as possible.

[Douglas Ross (Moray) (Con)]

My right hon. Friend says that she will continue the dialogue about immigration with the Scottish Government. When she is doing that, will she remember that a recent opinion poll said that almost 70% of Scots rejected the Scottish National party’s plans to devolve immigration powers from this place to Holyrood?

[Caroline Nokes]

I thank my hon. Friend for taking the trouble to point that out. Of course I will listen to voices from across Scotland.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

With this chaos and delay, is not one thing increasingly clear: the Government’s promise to give EU citizens, and their families and employers, the legal certainty that they deserve is now totally broken? When will 3 million EU citizens get more than warm words and unfinished negotiations from this Brexit Conservative Government?

[Caroline Nokes]

The right hon. Gentleman makes his point forcefully. However, I can only repeat this: we will bring forward the settled status scheme, which will be a digital scheme, that will enable our EU citizens living here, whom we value and whom we want to stay, to have a smooth and seamless transition as soon as we possibly can. We have allowed a two-year implementation period, because I am very conscious that 3 million people cannot register instantly. If they do so on a smooth basis, that will still represent 5,000 people a day. That will be a challenge, but it is one that we are determined to get right.

[Tom Pursglove (Corby) (Con)]

What my constituents in Corby and east Northamptonshire want is an immigration system that provides control, but one that is also fair and that treats people equally, regardless of where they come from in the world. Will my right hon. Friend confirm to the House that those two principles will underpin the White Paper in due course?

[Caroline Nokes]

I thank my hon. Friend for his comment; I am always pleased to hear views from Corby and east Northamptonshire. What matters is that we have an immigration system that is fair, and that we work to ensure that any proposals that come forward during the implementation period are the ones that will give the best deal for the UK and ensure that our immigration system is sustainable.

[David Hanson (Delyn) (Lab)]

This is a two-year Session of Parliament. Does the right hon. Lady expect the immigration Bill to complete its passage through the Houses of Parliament in that two-year period?

[Caroline Nokes]

Of course.

[Mr Philip Hollobone (Kettering) (Con)]

I congratulate my right hon. Friend on her new position as Immigration Minister and on her response to the urgent question. Will she confirm that it was the previous Labour Government who let immigration spiral out of control from tens of thousands to hundreds of thousands a year, that immigration levels are still far too high, and that once we leave the European Union those numbers will start to fall?

[Caroline Nokes]

With respect, I point out to my hon. Friend that the numbers are already beginning to fall. It is important that we note that the direction of travel is the right one. My right hon. Friend the Prime Minister and I have been very clear that we want a sustainable immigration system that sees those numbers coming down, and it is important that we deliver on that.

[Andy Slaughter (Hammersmith) (Lab)]

Post March 2019, from a practical point of view, the one in five of my constituents who are EU nationals could: have permanent residency or settled status; be eligible for settled status; have future eligibility for settled status; or not be eligible at all. When they are talking to landlords, employers and the health service, how are they going differentiate which category they fall into?

--- Later in debate ---

[Caroline Nokes]

It is important to note that we will want to register those who are eligible for settled status as soon as possible so that their status can be confirmed. The hon. Gentleman is right to point out that there will be a period during which it will be difficult to differentiate, which is why we are going to use the two-year period to make sure we can do that as seamlessly as we possibly can.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Just in case anyone—either inside the Chamber or beyond—has inexplicably missed what my right hon. Friend has said, will she reaffirm the Government’s commitment to leaving the single market and leaving the customs union, and that this will ensure that we have control over EU immigration in the future?

[Caroline Nokes]

My hon. Friend is, of course, right. We intend to leave the single market and the customs union, and to retain the control over our immigration system that our citizens told us that they wanted back in 2016.

[Heidi Alexander (Lewisham East) (Lab)]

The Minister will be aware that roughly half the immigrants who come to this country are from outside the EU and the European economic area. She talks about control, so will she tell me how many non-EEA citizens there are in the UK who have had an immigration application refused, but have not had removal or deportation proceedings initiated against them?

[Caroline Nokes]

The hon. Lady will be aware that we work very hard to make sure that people who are in this country without permission find it a very difficult environment in which to live. The previous and current Home Secretary’s compliant environment policies have made sure that it is harder to have a bank account, harder to have a driving licence and harder to rent property. The important thing is we know that people come into this country without permission, and we should therefore be seeking to remove them.

[Clive Efford (Eltham) (Lab)]

A White Paper is a consultation document, but it seems to me that the Government are delaying consulting on what should go into a consultation document. Are we not in this situation because the extreme right wing of the Tory party, who are extreme Brexiters, have formed a tail that is wagging the Tory dog?

[Caroline Nokes]

I am not quite sure how I should respond to being called a dog. However, it is really important to note that we are working incredibly hard to make sure we have an immigration system after Brexit that works in the interests of UK citizens. There is no extreme right-wing cabal controlling the Tory party. This is actually about making sure we deliver on what the British people voted for in 2016.

[Anna Soubry (Broxtowe) (Con)]

Will my right hon. Friend confirm two things? First, is it not really important, when we discuss immigration, to recognise that the overwhelming majority of people who come to our country do so to work? We are grateful for the work they do and we should always welcome the contribution they make to our country. Will she also confirm that the customs union has got diddly squat to do with immigration?

--- Later in debate ---

[Caroline Nokes]

My right hon. Friend is right to point out that people who come to this country to work—whether they are from the EU or outside the EU—make a valuable contribution. That is part of the reason why, through the settled status scheme, we seek to recognise that and to make sure that these 3.5 million people can register as seamlessly as possible.

[Mike Gapes (Ilford South) (Lab/Co-op)]

The Minister said that the issues around EU nationals in this country have been resolved. Is it not a fact that the European Commission made it clear that the circumstances of EU nationals married to British citizens who have chosen to come into this country using treaty rights under article 21 of the treaty of the European Union and the Surinder Singh judgment have not been resolved? Is there not a large group of people in this country married to people from other EU countries who have a level of uncertainty about their future?

[Caroline Nokes]

The agreement that the Prime Minister came to with other EU leaders on 8 December was really important, because we are seeking to make the rights of EU citizens and their dependants as clear as possible, and to make it as easy as possible for them to register so that they can have the certainty to which they are entitled.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The Minister keeps talking about achieving sustainable levels of immigration, which suggests that current levels are unsustainable. The reality is that another Scottish farmer reported at the weekend that food was left to rot in his fields because he did not have enough workers. The fish processing industry is struggling, the medical profession is struggling to attract EU immigrants and academics are worried about their future, so the current level of immigration is currently unsustainable for exactly the opposite reasons that the Conservative Government think it is unsustainable. Is this another part of the no-deal preparations that the Government seem to be embarking on? What will happen to immigration policy if there is no deal and no transition period?

[Caroline Nokes]

Whether deal or no deal—we are confident that there will be a deal—we will need a new immigration system that takes account of the fact that we will have left the European Union. The hon. Gentleman makes an interesting point about different sectors of the economy. That is one of the many reasons why we have asked the Migration Advisory Committee to consider what our policy should be, and that will give businesses a chance to feed in their views.

[Kate Green (Stretford and Urmston) (Lab)]

The Recruitment & Employment Confederation reports that in many sectors there are already insufficient UK applicants to fill the vacancies that exist today. Business cannot carry on with this uncertainty for much longer, so may I urge the Minister to bring forward the White Paper and the immigration Bill at the very earliest opportunity for the sake of our businesses?

[Caroline Nokes]

I reassure the hon. Lady that we continue to consult businesses and the universities sector, and that is part of the reason why we have asked the MAC to bring forward a report for us by the autumn. It is really important to us that we get our immigration policy right, which is why we have not yet brought forward the White Paper and the Bill, but we intend to.

[Daniel Zeichner (Cambridge) (Lab)]

Last week, two consultants in intensive care at Addenbrooke’s Hospital wrote to me. They had been trying to recruit urgently needed staff. They found three people, but those people were turned down by the Home Office because the tier 2 visa cap had been reached for that month. How can that possibly be helpful to our country? Does the Minister agree that the system is basically broken?

[Caroline Nokes]

Of course we need to ensure that we have a sustainable system, which is why it is important that the Bill and the White Paper take account of all views expressed to us by all sectors. That is what we are determined to do to get this right.

[Tony Lloyd (Rochdale) (Lab)]

Even if the Minister cannot confirm any other great details, will she re-emphasise the point that there will be no change to the historical rights of citizens of the Irish Republic to travel to and work in Britain?

[Caroline Nokes]

I think that we have been quite clear that those from the common travel area will be able to continue to travel, as indeed they could from 1920 onwards—long before we became members of the European Union.

[Paula Sherriff (Dewsbury) (Lab)]

In Yarl’s Wood and other such institutions, vulnerable people have been held, effectively indefinitely, when most of them have not actually committed any crime. Does the Minister agree that the Bill, when it finally comes, will provide an opportunity to review this obvious injustice?

[Caroline Nokes]

Detention will continue to form part of our immigration policy, but I thank the hon. Lady for mentioning the case of Yarl’s Wood. I am going there to visit the immigration removal centre this week, and I have already been to two other removal centres. As the new Immigration Minister, it is imperative that I go and see how our policies are operating, and to seek reassurances where they are required.

[Alison Thewliss (Glasgow Central) (SNP)]

Every Friday at my surgeries, I have a queue of constituents who have issues with the Home Office—everything from entrepreneur visas that have been delayed and refused, to people who cannot get their granny over for a visit. Is it not the case that the Home Office is a Department in so much chaos that there is no way whatever that it will be able to cope with an additional 3 million EU nationals?

[Caroline Nokes]

I absolutely refute the suggestion that we are a Department in chaos. I reassure the hon. Lady that we are determined to ensure that the registration of EU nationals is as simple and straightforward as possible.

[Diana Johnson (Kingston upon Hull North) (Lab)]

Has the Minister had a chance to read the Health Committee’s report on nursing shortages? It clearly sets out how much the NHS relies on nurses from overseas, and how many EU nurses are really worried about their future. Will she tell us how this delay will help the overstretched NHS to plan for the future and ensure that this country has the nurses it needs?

[Caroline Nokes]

The hon. Lady will be aware that nurses remain on the shortage occupation list. Nurses from the EU who are currently living and working here will of course have the same right to settled status as those in other employments.

[Chris Elmore (Ogmore) (Lab)]

In reply to my right hon. Friend the Member for Delyn (David Hanson), the Minister said that the immigration Bill would be passed in this two-year Parliament. If the consultation on the White Paper is coming in October, that will give her about four months to pass the Bill through both Houses. Will she confirm when the Bill is coming and whether she will get it through in the two-year Parliament? This is not something from “Yes, Minister”; it is about people’s lives. We need firm views from the Government on what is happening on immigration.

[Caroline Nokes]

I thank the hon. Gentleman for comparing this to a “Yes, Minister” episode; I remember that there was a definite paucity of women in that programme. I assure him that we are absolutely clear that we will introduce the immigration Bill and the White Paper when the time is right. We appreciate that we have to get our immigration system sustainable and appropriate for a post-Brexit era, and it is really important to me that we do so.

Draft Immigration and Nationality (Fees) (Amendment) Order 2018

Caroline Nokes Excerpts

Monday 5th February 2018 General Committees

[The Minister for Immigration (Caroline Nokes)]

I beg to move,

That the Committee has considered the draft Immigration and Nationality (Fees) (Amendment) Order 2018.

The purpose of the draft order is to make a relatively small number of changes to the Immigration and Nationality (Fees) Order 2016, which, along with the Immigration and Nationality (Fees) (Amendment) Order 2017, remains in place. The changes are needed to ensure that the charging framework set out in secondary legislation for immigration and nationality fees remains current and supports plans for the next financial year.

The Committee will wish to be made aware that it has come to my attention that there is an error in the draft order and its explanatory note. Following further review of the section of the draft order that deals with circumstances in which a fee may be set in respect of the provision of biometric identity documents, it has been identified that the change we sought to make, through article 2(4)(a), has no effect. That is because of the way in which the related legislation, the Immigration (Biometric Registration) Regulations 2008, operates. The intention was to permit the Home Office to charge a fee when a person fails to collect their biometric residence permit within the required time limit. However, the 2008 regulations do not in fact require an application in those circumstances, hence there is no service for which a fee could be charged.

Although the explanatory note states that article 2(4)(a) has an effect, that is not correct. Before such a change can take effect, we will need to amend the 2008 regulations. The explanatory memorandum has been amended to clarify that issue for the record. The 2016 order continues to set out the overarching framework and the maximum amounts that can be charged for immigration and nationality functions over the current spending review period, as previously agreed by Parliament.

Changes made by the draft order are intended to clarify existing powers in connection with entry clearance to the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man. The draft order will confirm powers to charge fees when offering premium services in relation to the Crown dependencies, and also makes clear that the current definitions of a “sponsored worker”, “unsponsored worker”, “sponsor” and “certificate of sponsorship” apply in respect of applications to the Isle of Man.

[Ian Murray (Edinburgh South) (Lab)]

I am slightly disappointed that the draft order does not allow for a reduction in fees for European Union nationals seeking residency. Will the Minister comment on that?

--- Later in debate ---

[Caroline Nokes]

That is completely separate issue from that which we are considering. We will introduce a programme that will allow EU citizens to apply for settled status at the end of this year. Those who already have permanent residency will not be charged an additional fee for settled status.

Two further changes included within the draft order will delete obsolete provisions for which no fee is currently set in regulations. The original 2016 order permits a fee to be set for the acceptance of applications at a place other than an office of the Home Office. That provision currently allows the Home Office to charge a premium fee when delivering an optional service to enrol biometrics at a place of convenience to service users. Under plans to modernise services offered, the draft order will allow for fees to be set at an hourly rate, rather than a fixed fee. That will provide flexibility and allow for the fee charged to be commensurate with the time taken to deliver such services. That change does not affect the Home Office’s basic services, such as for those who enrol their biometric information at a local post office.

Finally, the draft order will also update the power to charge for services offered on behalf of certain Commonwealth and British overseas territories, where such services may not be offered within consular premises.

To sum up, we seek to make a small number of changes to the 2016 order to maintain the framework for immigration and nationality fees. We do not seek to change the overarching charging framework, nor the maximum fee levels agreed by Parliament.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Will my right hon. Friend confirm that the draft order is part of the Government’s intention to move towards a border, immigration and citizenship system that is fully funded by those who use it, not subsidised by the taxpayer?

[Caroline Nokes]

Given that my hon. Friend is a former Immigration Minister, we should expect him to be completely right in that respect. Indeed, we seek to move to a position where the fees charged cover the costs of providing the border, immigration and citizenship service.

As I have said, we are not seeking to make changes to the overarching framework, nor to the maximum fee levels that were agreed by Parliament and set out in the 2016 order, other than in respect of the premium service fee, which I have already referred to. Individual fee levels to be charged over the course of the next year will be set by new regulations, which are due to be laid before Parliament in March 2018. I therefore invite the Committee to approve this amendment order.

--- Later in debate ---

[Caroline Nokes]

I thank hon. Members for the consideration they have given to the order. A number of issues were raised, and it is important to clarify some of those. The service described as super premium—mobile biometric testing—is currently used by something in the region of 500 applicants a year. It is a very small number, and the service is used, as my hon. Friend the Member for Scarborough and Whitby mentioned, largely by VIPs—visiting royalty or, often, footballers, and people who are time-poor but well able to pay the current fee of £10,500.

As to the decision to move to an hourly charge, the fee has not yet been set. It will be a maximum of £2,600 an hour. In the vast majority of cases we fully expect the process to be significantly quicker than the four hours it would take to get to the current cost of £10,500, which is the set standard fee regardless of how long the work takes.

I point out to the hon. Member for Glasgow Central that 98.9% of non-settlement visas are decided within three weeks and 85.5% of all settlement visas, including spousal visas, are processed within 12 weeks. It is impossible for us to determine how long each application will take without knowing how complex that application may be. It is fair to say, and I absolutely accept, that there are very long delays for some visa applications, but that is for the very complex cases. The Government have been very successful in turning around easy, straightforward applications. However, where applications are complicated, I hope we all agree that it is absolutely right that they are subject to the level of scrutiny that they need and deserve.

[Alison Thewliss]

The Minister can correct me if I am wrong, but my understanding from my constituents is that, if the initial timescales are not met, they often find that theirs are deemed to be complex cases, because there is no time limit on dealing with those. They are put into a black hole in which it is very difficult to get their cases resolved.

[Caroline Nokes]

I thank the hon. Lady for that comment. If she wants to raise specific cases with me, I am very happy to look at them. However, the reality is that, where issues are complicated and visa applications are not straightforward, it is absolutely right that full rigour is applied to inspecting and determining them.

[Afzal Khan]

On the issue of complexity, how do we know that the process is not being abused by the Home Office? Are there set formulae or criteria that say what is complex?

--- Later in debate ---

[Caroline Nokes]

It is fair to say that no single application is identical to another. I hope, and I am sure, that the hon. Gentleman is not questioning the integrity of Home Office officials—the really hard-working civil servants who determine these cases and on whose judgment we rely. It is important that the system is rigorous but also as fair and as speedy as possible, because we are all conscious of cases of constituents who are concerned at the length of time it has taken. It is absolutely a priority of the Home Office that we speed up applications, and we are doing very well on meeting our targets in the straightforward cases. However, I absolutely take this on the chin, which is why I was in Liverpool last week, talking to caseworkers who deal with complex cases.

As I have said previously, the Government believe in the benefits of controlled migration, but we also want an immigration system that is strong and sustainable. It is important that we strike a good balance between the economic interests of the UK and the need to maintain a sound border, immigration and citizenship system. This amendment to the 2016 order mainly seeks to maintain and clarify the charging framework under which immigration and nationality fees are set. We aim to set out the actual fee levels for 2018-19 in regulations using the negative procedure in March. The passage of the draft order will not, other than for the premium fee, amend or increase the maximum amounts that can be charged for border, immigration or citizenship applications.

Prior to making any changes to individual fee levels in regulations using the negative procedure, we invite appropriate scrutiny of our proposals, ensuring that they are reviewed and approved by a number of other Government Departments and that an impact assessment is produced before they are presented to Parliament. I believe that those steps will ensure that the Government balance our policy that users should pay with consideration of the impact of fees on businesses, education institutions and economic growth.

As I have said, the maximum amount set for the new power is £2,600 per hour. The procurement process for the partner with which we will eventually work is currently under way. We will, of course, announce that partner in due course. As such, I commend the draft order to the Committee.

Question put and agreed to.

EU/Canada Negotiations: Passenger Name Record Data

Caroline Nokes Excerpts

Tuesday 30th January 2018 Written Statements

[The Minister for Immigration (Caroline Nokes)]

Until the UK leaves the EU it remains a full member, and the Government will continue to consider the application of the UK’s right to opt in to, or opt out of, forthcoming EU legislation in the area of justice and home affairs on a case-by-case basis, with a view to maximising our country’s security and protecting our civil liberties.

The Government have decided to opt in to a Council decision authorising the opening of negotiations for an agreement between the European Union and Canada for the transfer and use of passenger name record (PNR) data.

This agreement will replace the EU/Canada PNR agreement which expired in 2009. The UK opted-in to negotiations for a new agreement which opened in 2010. When an envisaged agreement was presented to the European Parliament for approval in July 2014, the Parliament referred it to the Court of Justice of the European Union for an opinion on its compliance with the treaties and the charter of fundamental rights. In July 2017, the Court found that the envisaged agreement could not be concluded in its current form and the Council has now decided to reopen negotiations.

The UK, in common with the other EU member states and with an increasing number of third countries, places considerable value on the processing and analysis of PNR data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.

PNR data is used by many countries to detect individuals involved in serious crime and terrorism-related activity as well as enabling the protection of vulnerable victims of trafficking.

The Government believe that PNR agreements between the EU and third countries play a vital role in assuring the protection of personal data within PNR data and providing legal certainty for air carriers required to disclose personal data to third countries’ authorities. It is for this reason the Government have decided to opt in to the negotiation of an EU/Canada agreement on the transfer and use of PNR data to prevent and combat terrorism and other serious transnational crime.

[HCWS434]

Draft Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2017

Caroline Nokes Excerpts

Tuesday 23rd January 2018 General Committees

[The Minister for Immigration (Caroline Nokes)]

I beg to move,

That the Committee has considered the draft Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2017.

It is a pleasure to serve under your chairmanship, Mr Hosie. In introducing this secondary legislation the Government are seeking to extend the scope of the national transfer scheme to Wales, Scotland and Northern Ireland. The scheme, which was launched by the Government in July 2016, makes it easier for local authorities to transfer legal responsibility for unaccompanied asylum-seeking children to another participating local authority. It is designed to encourage a fairer distribution of unaccompanied children in local authorities across the UK, so that a small number of local authorities are no longer asked to look after a disproportionate number of unaccompanied children and safeguard the best interests of the children concerned.

The national transfer scheme is underpinned by provisions in part 5 of the Immigration Act 2016. Section 69 of that Act creates a mechanism in England to transfer responsibility for caring for unaccompanied children from one local authority to another local authority. Section 70 enables the Secretary of State to direct local authorities to provide information about their support to children in their care. Section 71 enables the Secretary of State to direct a local authority that refuses to comply with a request to accept an unaccompanied asylum-seeking child to supply written reasons explaining their refusal. Finally, section 72 enables the Secretary of State to require local authorities to co-operate in the transfer of unaccompanied children from one local authority to another.

Those provisions currently apply only to English local authorities, which means that local authorities in Wales and Scotland, and health and social care trusts in Northern Ireland, have not yet participated in the scheme. In extending the scope of the transfer provisions in the Act, the regulations provide the legal framework for local authorities in Wales, Scotland and Northern Ireland to accept transfers under the scheme.

I want to make it clear that the national transfer scheme was designed as a voluntary scheme, and we hope that local authorities in Scotland and Wales, and health and social care trusts in Northern Ireland, will feel able to participate. My officials have worked closely with their counterparts in the devolved Administrations and with local government associations in Scotland and Wales to take account of the unique circumstances in each nation. As I have mentioned, there are provisions in the Act for the Secretary of State to mandate the scheme. The Government want the scheme to remain a collaborative effort between central, local and devolved government, and it is in that vein that we have worked with partners across the UK to develop proposals to extend the scheme.

The national transfer scheme has made significant progress since it was launched in July 2016, and we are extremely grateful for the support provided by local authorities that are looking after unaccompanied children. Until the end of September 2017, 555 unaccompanied children had successfully been transferred. That is a significant achievement, but there is more to do. There are more than 4,500 unaccompanied children in English local authorities, and a handful of local authorities continue to look after a disproportionate number. If we are to achieve a fairer distribution of caring responsibilities across the UK, we need local authorities from all parts of the country to be able to participate in the scheme so that all children can be afforded the best possible care and support.

We know that there is support for the national transfer scheme across the country, and that is why it is important for this legislation to come into force, so that we are able to build on the excellent work of local authorities in every part of the UK in caring for asylum-seeking and refugee children and ensure that the scheme is a truly national scheme.

--- Later in debate ---

[Caroline Nokes]

I welcome the support from across the room for this change. We all acknowledge that it is an important principle that we should enable local authorities from across the devolved nations to play a part in the scheme. I thank both the hon. Members who spoke today. The issue of unaccompanied asylum seeking children has been debated many times in this place, and I know that it is a subject about which many of us feel very strongly.

We have a proven track record of offering sanctuary to those in need of protection, and our record in supporting children affected by conflict and persecution is no different. In the year ending September 2017, the UK granted asylum or another form of leave to almost 9,000 children and we have granted leave to nearly 49,000 children since 2010. As of September 2017, a total of 9,394 people had resettled in the UK under the vulnerable persons resettlement scheme.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East raised an important question about the guardianship scheme that is in operation in Scotland and asked whether we would consider looking at an independent guardian for unaccompanied asylum seeking children in the rest of the United Kingdom. By virtue of being looked after, these children are provided with a professional social worker and an independent reviewing officer to oversee their care arrangements, as well as access to an independent advocate and visitor. All unaccompanied asylum seeking children in England are referred to the Refugee Council’s children’s panel, and they are also entitled to legal assistance in pursuing their asylum claim. We believe that those arrangements ensure that children are provided with the independent support and advice that they need, and we currently have no plans to introduce a guardianship scheme.

The Opposition spokesman, the hon. Member for Swansea East, raised the issue of funding. She will be aware that in 2016 we significantly increased the amount of funding available to local authorities to enable them to support these young people. It is important to emphasise that one of my predecessors as Minister for Immigration undertook that we would complete a review, and we are evaluating that now. We keep the issue uppermost in our minds, and I have had regular contact, even just in the past two weeks, with local authority leaders, the Local Government Association and the Convention of Scottish Local Authorities . They are not slow in making their views known to me.

I welcome the extension of the scheme. It plays an important part in our commitment to refugee children. Last week, as part of the UK-France treaty, we agreed to change the date to 18 January 2018—last Thursday—to enable us to fulfil our obligations under the Dubs amendment. I regard those children as very important. I want to see the 480 children we have committed to look after brought here. That will enable us to work more closely with France, Greece and Italy to fulfil our obligations and be proud that we have achieved that.

Question put and agreed to.