Immigration and Nationality (Fees) (Amendment) Order 2023
Debate between Lord Murray of Blidworth and Baroness Lawlor(10 months ago)
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The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)
My Lords, this fees order sets out the immigration and nationality functions for which a fee is to be charged, and the maximum amount that can be charged in relation to each of those functions. In the order we are debating, we are proposing a number of changes that will facilitate major government policy, play an important role in the simplification of the Home Office’s fee structure, and allow vital decisions to be made to ensure that the migration and borders system is properly funded.
Before I set out in detail the changes proposed in the order, I reiterate that the Government’s aim is to reduce the burden of operating the migration and borders system on the UK taxpayer. The fees set within the parameters of this order are a vital part of the Home Office’s funding settlement. Without the flexibility afforded by the order to adjust fees for all immigration and nationality routes through separate legislation, it is not possible for the Home Office to take a balanced approach to setting fees.
It is therefore vital that the maximum amounts set out in the order allow appropriate choices to be made on individual routes to support a balanced overall approach, avoiding the potential for increases to fall disproportionately on routes where there is flexibility to adjust fee levels. Noble Lords will be aware of proposals to increase fees across a number of immigration and nationality routes. Those fees can be set only through separate legislation, which will be laid later this year, and not the instrument we are debating today. That separate legislation will be accompanied by the production of a full economic impact assessment.
Turning to the changes we are proposing to the fee maximas, the majority of these have not changed since the previous order was laid in 2016. The changes we propose, which are accompanied by an economic impact assessment, will provide the necessary flexibility to make changes to fee levels where they are required to ensure that the sustainability of the migration and borders system is maintained and that we are able to set fees at a level that recovers the cost of processing an application.
As the Committee will know, the United Kingdom is launching an electronic travel authorisation scheme that will strengthen the security of our border and support our wider ambition for digitising the UK border. This is a familiar concept to the majority of international travellers, with many of our international partners having had similar schemes in place for a number of years. My Written Ministerial Statement on 6 June this year outlined the intention to set a fee of £10 for each application on the initial rollout of the scheme. The order before us provides a power to charge a fee for the scheme and sets the maximum fee that can be set by the Home Office for each application. Although we have announced our intended fee level of £10, that fee cannot be set through this order. We will set the fee formally through the immigration and nationality fees regulations, which, as I said, will be subject to approval by Parliament later this year.
We are continuing to simplify our fee structure by removing fees that have become increasingly redundant as part of the wider transition to digital evidence of immigration status or that are no longer required to support wider policy objectives. We will remove the chargeable function for biometric enrolment for all remaining instances of the £19.20 fee in the regulations, reducing the number of fees that customers are required to pay in relation to an application in respect of biometric enrolment. We are removing the £161 fee charged in country for a transfer of conditions for those with limited leave to remain because this fee is now largely obsolete, with all new customers applying in country now issued with a biometric residence permit or digital status.
We are also removing the fee to amend details on physical documents—such as name, sex marker, nationality and photograph—for those with limited leave to remain. This will bring these customers in line with those issued digital status and those with indefinite leave to remain, who are not charged a fee to make this sort of amendment. Finally, the order provides that we will no longer charge a fee for a like-for-like replacement of a biometric residence permit where that document has expired. This will primarily benefit those with indefinite leave to remain, whose cards have a maximum 10-year validity, with most due to expire in 2024.
The final changes that we are proposing in the order will ensure that it and subsequent fees regulations are aligned with the wider policy changes being made in the migration and borders landscape. Under new arrangements being rolled out as part of broader reforms to the innovator route, contact point meetings—a term defined in the order—will be required between an endorsing body and the individual applicant to assess progress against their business plan. The fee maximum for these meetings is set at £500. The fee for each assessment will be £500 and will be set in the Immigration and Nationality (Fees) Regulations in the next year, ahead of these meetings being chargeable in April 2024.
The current sponsorship system is being reformed, with the existing system of certificates of sponsorship being phased out and replaced with the “sponsor a worker” service. This will happen in stages with a limited beta test in 2024, during which both the certificates of sponsorship and the “sponsor a worker” scheme will operate side by side. The amendment that we are making in this order will facilitate this charge, providing a fee maximum to be set at the same level as the certificate of sponsorship, which is £300.
In closing, the changes that we are proposing through this order are vital to providing enough flexibility to amend fee levels, with the approval of Parliament, to ensure that the system is sustainable. I beg to move.
Baroness Lawlor (Con)
May I ask my noble friend the Minister about something to do with the policy background? In discussing the changes for which the order provides, both in function and fee levels under the regulations, my noble friend referred to one of the policy objectives: the overall security of our borders. In discussing security here and elsewhere, the Government have referred to pre-entry checks that will facilitate entry at our borders. My related question is: is there any proposal or plan to have ongoing checks, including checks when a successful applicant leaves the country, given that the proposed electronic travel authorisations will last for up to two years for short visits? If so, what does the Home Office intend to do to operate these?
Student Visas
Debate between Lord Murray of Blidworth and Baroness Lawlor(12 months ago)
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Baroness Lawlor (Con)
My Lords, will the Government consider the overall need to have a much wider debate about the benefits of overseas students to this country? As far as I know from this morning’s figures, up to 480,000 came, together with 136,000 dependants. Although there may be an overall benefit in economic gain and plugging the resources of cash-strapped universities, there are other problems. They include not only having to pay costs towards healthcare and housing—or taking up healthcare, housing and education where there are dependants—but costs to the universities themselves. Following what the noble Lord, Lord Wallace, said, many universities are now tailoring courses to the needs of overseas students. A wider debate will be needed in the education department about whether this is the right thing for our UK universities.
Lord Murray of Blidworth (Con)
I thank my noble friend for that question. She is absolutely right that it is a balanced question; that is why this package of measures is targeted to achieve the objective of reducing migration. In addition to the proposal to remove the entitlement to bring dependants unless you are on a postgraduate research programme, the other aspects will, I hope, address the matters raised by my noble friend. In particular, they are: removing a student’s right to switch into a work visa route before studies are complete; reviewing the maintenance requirements for people applying for visas; clamping down on unscrupulous education agents; and improving communications about visa rules to universities and international students, along with improved and more targeted enforcement activity by the Home Office.