Schengen and EU-Turkey Co-operation on Migration

Debate between Robert Goodwill and Stuart C McDonald

Wednesday 22nd March 2017 General Committees

[Mr Goodwill]

I could not really comment on any future deals until the details of those deals were known. However, if a similar deal with a north African state was possible, it could prevent large numbers of people who are currently doing so from putting their lives at risk. In some cases, they are being forced at gunpoint on to vessels that are clearly not seaworthy. A similar deal throughout the Mediterranean would, I am sure, be welcomed by the international community.

The deal is saving lives and ensuring that people are being cared for. Let us not forget that those who can afford to pay the people smugglers are by definition not the most vulnerable; they have that resource. Our schemes, particularly the Syrian vulnerable person resettlement programme, delivers for those whom the UNHCR selects as being the most vulnerable, rather than those who can afford to pay the people smugglers.

The EU-Turkey deal continues to represent a critical opportunity to manage migratory flows effectively, to tackle people smugglers and to prevent people from making perilous crossings. The deal has, along with other measures, resulted in a substantial reduction in the number of migrants arriving in Greece since it was agreed. Flows across the Aegean during the last four months of 2016 were only 2% of what they were during the same period the year before. That is a testament to the effect of the joint working under way.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I have three short questions for the Minister—

[Stuart C. McDonald]

Sure. First, to go back to what the hon. Member for South Thanet said, this is perhaps the second time that I have been to a European Committee in which we have been talking about fundamental issues and documents that are a year out of date. Is there an explanation for why that has happened? May we have an assurance for the future that when such documents are published, we will be able to debate them quickly, preferably on the Floor of the House?

[Mr Goodwill]

I did make a solemn undertaking, when called before the European Scrutiny Committee to account for myself, that we would work off the backlog, and we have made considerable progress in doing that. I have to say, however, that this is a very good point in time at which to review the operation of the Turkey deal and what is happening in the Schengen area. In the coming months, a number of critical decisions will need to be made by the European Union, not least because this is a two-way deal. There were suggestions that visa restrictions could be eased for Turks wishing to come to the European Union, and there is the issue of more progress on Turkey’s wishes to become a member. It is therefore a good time to have the debate and to review the measures, albeit that we are not a member of the Schengen area.

--- Later in debate ---

[Stuart C. McDonald]

May I press the Minister, secondly, on the lawfulness of the EU-Turkey agreement? We need to be clear what we are talking about, which is the European Union saying, “We are not going to consider the substantive claim for asylum that you have made. We are going to say that it is inadmissible and return you to a country that does not fully implement the Geneva convention, on the basis that you have travelled from there.” Peter Sutherland, the UN Secretary-General’s special representative for international migration, suggested that the deal was illegal. Did the Government seek legal advice? How have they come to the conclusion that it is lawful to say, “You can have your asylum claim processed in Turkey”?

[Mr Goodwill]

I repeat the point that the “first safe country” principle is well accepted and has been for many years. Turkey, as a safe country, is one in which people may claim asylum. It offers sufficient protection in law and in practice to returnees. We are confident that all returns will take place in full accordance with EU and international law. Every quarter, the European Commission carries out a review that considers human rights. There have been five to date, the most recent one published in early March.

[Stuart C. McDonald]

I thank the Minister for that answer. I will return to that issue in a moment, but finally, may I press him on what he said about using the deal as a model for other deals, perhaps with north African countries? I cannot for a minute think that he is suggesting that he would implement a similar deal with Libya, under which people claiming asylum in Europe would be told that we would not consider their claim, but it would instead be considered and processed in Libya, which clearly has no implementation of the Geneva refugee convention.

[Mr Goodwill]

The point I was making was that no deal is on the table, but certainly Libya can never be considered a country to which it is safe to return people. In any case, there are serious problems with organised criminals and people traffickers operating in Libya. The lack of rule of law in Libya is also of great concern to the international community. As I said, no deal is on the table, and no model can be delivered, but overall, the Turkey deal has saved lives and resulted in people smugglers’ business being curtailed. We can certainly learn lessons from it, if we look at similar types of deal in future.

Oral Answers to Questions

Debate between Robert Goodwill and Stuart C McDonald

Monday 6th March 2017 Commons Chamber

[Mr Goodwill]

We seek to minimise the time for which people are kept in detention, and that is done for the purposes of removal. We have, of course, introduced a new adults at risk policy, which seeks to minimise the use of detention for those considered vulnerable.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

16. What steps she is taking to support refugees in the UK and other European countries.

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

18. What steps she is taking to support refugees in the UK and other European countries.

[The Minister for Immigration (Mr Robert Goodwill)]

The UK provides protection for refugees here, in accordance with our international obligations. The Government have established a £10 million refugee children fund for Europe, provided significant assistance via the European Asylum Support Office, and allocated up to £39 million to the humanitarian response in Greece.

[Stuart C. McDonald]

Why is it that only a solitary Home Office official in each of Greece and Italy is working on the Dubs and Dublin schemes? According to non-governmental organisations on the ground, the result is that the schemes are barely functioning there at all.

[Mr Goodwill]

We work very closely with our colleagues in France, Greece and Italy. We committed 115 staff into Greece, 75 of whom are already there, including one embedded member of the Home Office staff who is helping with Dublin applications in Athens. Of course, we also have our Border Force commitment in the Mediterranean, which ensures that we save people’s lives should they make that perilous journey across the Mediterranean.

Unaccompanied Children (Greece and Italy)

Debate between Robert Goodwill and Stuart C McDonald

Thursday 23rd February 2017 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

rose—

[Mr Goodwill]

I should like to make a bit of progress on section 67, which has been raised in the debate.

I am pleased to update the House today by announcing that the Home Secretary will be writing to her counterparts in France, Greece and Italy to ask for referrals of eligible children to the specified number of 350. The basis on which these transfers will be made will be published in due course. The Government have always been clear that we do not want to incentivise perilous journeys to Europe, particularly by the most vulnerable children. It is not and has never been the case, as has been suggested, that the Government would accept 3,000 children from Europe under section 67 of the Immigration Act 2016—

Immigration Rules: Spouses and Partners

Debate between Robert Goodwill and Stuart C McDonald

Tuesday 31st January 2017 Westminster Hall

[Stuart C. McDonald]

The hon. Gentleman makes a fair point. I will come to the disproportionate impact of the threshold in just a moment.

When those two rules are combined, astonishingly almost half the UK population would be excluded from ever being able to sponsor the person they love to come and join them, if that person happened to be from outside the EU. As the hon. Gentleman just said, there are disproportionate impacts on some segments of the population, for fairly obvious reasons related to average incomes, so even higher proportions of young people, women and some ethnic minorities, and essentially all those who live outside London and the south-east, are affected.

Tens of thousands of adults have been forced by the Government to choose between the country that is their home and that they love and the people who they want to share their home with and who they love even more. That is a horrible and cruel choice. What is the Government’s justification for that? The official Government position is that it serves to protect the public purse and encourage integration. The first of those is of dubious accuracy and questionable relevance. The second I fail completely to understand at all, so I will listen with interest to what the Minister has to say if he wants to maintain that argument. I simply note that it was comprehensively rebutted in a report for the Children’s Commissioner that I will consider shortly.

On the public purse issue, the Government claimed that the requirement would save £660 million over 10 years —it would be good to know if they are doing up-to-date research on that—but Middlesex University has persuasively argued that the coalition Government, who introduced the rules, did not take into account the loss of the wider economic benefits of migrant partners’ economic activity. In fact, its model suggested a cost to the taxpayer over that period of £850 million.

Needless to say, the Government did not accept that analysis and pressed ahead, fixing a threshold at the level that the Migration Advisory Committee said would be the annual gross pay required for a couple at which they would not receive income-related benefits, assuming weekly rent of £100. I am not criticising the MAC, which functions like a finely tuned, high-spec computer performing some amazing analysis. However, as with such a computer, the principle of “garbage in, garbage out” applies: if a half-baked question is asked, a half-baked answer is given.

As the MAC pointed out, its deliberations were based purely on economic considerations and did not take into account wider legal, social or moral issues related to family migration. That was absolutely correct. Of course, in implementing its recommendation, the Government did not think to factor in that even if £18,600 was the right threshold, both halves of the marriage or partnership should be allowed to contribute to meeting it, not just the UK sponsor. A talented non-EU national could have a job offer—they might even have worked in the UK in the past under a different visa—yet they cannot join their spouse or partner here if their UK spouse or partner is, agonisingly, just a few hundred pounds short of the income threshold. That makes absolutely no sense.

[The Minister for Immigration (Mr Robert Goodwill)]

I, too, pay tribute to the MAC for its work. Does the hon. Gentleman recognise that the MAC recommended a range between £18,600 and £25,700 and that, given that range, the Government chose the lowest figure they could?

[Stuart C. McDonald]

It is true the Government chose the lesser of two evils, but I go back to the point I made before: it all depended on the question that the Government asked of MAC, which dictated the answer that came back. They could have looked at a million different alternatives. For example, in some litigation before the courts, reference has been made to the minimum wage, which is considerably less than £18,600. In my view, there was nothing wrong with the threshold previously in place, which was broadly £5,500—a rate that equated to income support at that time. There is even a case for removing the financial threshold altogether. So, yes, the Government chose the lesser of two evils, but that was from the question they asked in the first place.

The all-party parliamentary group on migration rightly pointed out that there will be many cases where the separation of parents leads to increased reliance on social security benefits. All of that is largely hypothetical anyway, since as we all know the non-EU spouse is prohibited from accessing social security benefits in any event for five years.

Ultimately, we should not engage in a balance-sheet debate that excludes from consideration family life and the best interests of children. We are talking about people—husbands, wives, mothers, fathers, sons and daughters—whose lives are being absolutely ruined. I have no doubt that colleagues will raise many constituency cases today, and each of them is absolutely deserving of our attention.

--- Later in debate ---

[Mr Goodwill]

People have to get an English qualification at level A1 in their country before they come here. I represented Yorkshire in the European Parliament, and having represented many of the communities there, I know the disadvantage that many children face when they start school—perhaps second or third-generation English-born children—if they do not speak English as their first language. Having that ability in English is absolutely vital not only for the integration of spouses, but for enabling children to progress in life. That is why we set these levels and why, from 1 May 2017, we are introducing a new English language requirement for partners applying for further leave after two and a half years in the UK on a five-year route to settlement. That will require them to progress to A2 level from the A1 level required on entry.

Thirdly, the rules seek to prevent burdens on the taxpayer. That is achieved through the minimum income threshold of £18,600 a year to be met by those wishing to sponsor a partner to come or remain here, with higher thresholds for also sponsoring dependent, non-EEA national children. It is right that those wishing to establish their family life here must be able to stand on their own feet financially. That is the basis for sustainable family immigration and for good integration outcomes.

[Stuart C. McDonald]

The Minister argues that migrants coming here should stand on their own two feet, so why will he not take into account their potential earnings when they go out of their way to show that that is exactly what they intend to do?

[Mr Goodwill]

That point was raised in the debate, including by the hon. Gentleman’s Front-Bench colleague, the hon. Member for Glasgow North East (Anne McLaughlin). Employment income from the migrant partner will not count towards a minimum income threshold. We will not take into account the previous, current or prospective earnings, or any job offer of the migrant partner, when they apply for entry clearance to come to the UK. Employment overseas is no guarantee of finding work in the UK. Partners coming to the UK with an appropriate job offer can apply under tier 2 of the points-based system. Those using the family route to come to the UK must be capable of being independently supported by their sponsor or by their joint savings or non-employment income. When a migrant partner is in the UK with permission to work, we will take their earnings from employment here into account.

As I was saying about the rules relating to the £18,600 threshold, it is right that those wishing to establish their life here can stand on their own feet financially. The previous requirement for “adequate” maintenance meant that any sponsor earning, after tax and housing costs had been deducted, more than the equivalent of income support for a couple—around £5,700 a year—was deemed to have sufficient funds to sponsor a partner. That was not an adequate basis for sustainable family integration and provided little assurance that couples could support themselves over the long term. That is why the minimum income threshold for sponsoring family migrants was introduced as part of the reforms of the family immigration rules implemented in July 2012.

Post-study Work Schemes

Debate between Robert Goodwill and Stuart C McDonald

Thursday 8th December 2016 Westminster Hall

[The Minister for Immigration (Mr Robert Goodwill)]

It is a great pleasure to serve under your chairmanship, Mr Rosindell. If I may, I will leave a couple of minutes at the end for the hon. Member for Perth and North Perthshire (Pete Wishart), who moved the motion, to respond. I congratulate him on securing the debate and I congratulate all hon. Members who have participated on their valuable contributions to a spirited debate. Indeed, such has been the turnout for the Scottish National party, it has almost been like a scene from “Braveheart”. I welcome the shadow Secretary of State for Scotland. During my short time as Immigration Minister, I have faced seven Members of the Labour party across the Dispatch Box, and I have had seven slightly different takes on what Labour’s immigration policy might be. I hope we can get some clarity at some point.

It would be careless of me not to begin with the fact that the Scottish people knew, when they voted in the Scottish independence referendum, that issues such as immigration and defence were not devolved matters. Therefore, the majority agreed that that should continue to be the situation. Incidentally, despite what the shadow Secretary of State said about my party’s attitude to Scotland, I want to put on the record that Scotland, like Yorkshire, is an important part of our country and that use of the word “colony” is really not appropriate. Perhaps the people in Scotland are slightly more generous than people from Yorkshire, but both are vital parts of our country. More Scots chose to vote Conservative than Labour in the last Scottish election. Indeed, many would say that Labour has become irrelevant in Scotland and that only the Conservatives are seen as offering a real choice for our people north of the border.

I am pleased to say that, on some key issues, there are no differences between any of us, whichever side of the border we are on. International students make an important contribution to UK educational institutions not just because of the income they bring, but because of the wider perspective they contribute and the lasting links they forge with this country. Let me be clear: there is no limit on the number of genuine international students who can come to study in the United Kingdom, and we have no intention of imposing any limit or cap. I hope that all hon. Members will acknowledge and welcome that fact. Let me also be clear about what that means in practice. The Government have taken seriously our duty to clear up the mess we inherited from the previous Government, including stopping more than 900 bogus institutions bringing in international students, and the number of genuine international higher education students has risen. Indeed, since 2010, the number of international students at Scottish universities has increased by 14%. I wish that those who seem to trade in doom and gloom would celebrate that fact and help the excellent universities in Scotland to flourish.

The hon. Member for Edinburgh North and Leith (Deidre Brock) raised a point about numbers falling. I point out that non-EU enrolments at Scotland’s Russell Group universities have increased. Between 2011-12 and 2014-15, the University of Edinburgh’s numbers were up by 9%, and the University of Glasgow’s were up by 32%. That is a great achievement by some of our great institutions.

[Stuart C. McDonald]

The point here is not a comparison between where we are now and where we were a few years back. It is about where we are now and where we could have been if we still had the post-study work visa. Universities Scotland has highlighted the fact that it has lost out on hundreds of millions of pounds of income, so we would have had more international students. That is an appropriate comparison and that is what the Minister has to address.

[Mr Goodwill]

The hon. Gentleman continually makes such points, but we must always bear in mind that many of those numbers are people who did not come here to study at all in some cases. They enrolled in bogus colleges intending not to study, but merely to take low-skilled jobs as a way of getting into the country and, in some cases, achieving residency in due course.

Let me turn to the issue of post-study work in Scotland, dealing first with the Fresh Talent—Working in Scotland scheme, which closed in 2008 because of its manifest limitations. An evidence review of the Fresh Talent scheme published by Scottish Government Social Research in 2008 refers to analysis of in-country applications conducted by the Border and Immigration Agency between June and August 2007, showing that a significant proportion of respondents were not in the types of job they would have liked to be in, with about four in 10 stating that their employment was not linked to their career choice, and more than half saying that it was not even appropriate to their level of education.

The Government closed the tier 1 post-study work route in April 2012. The route granted free access to the UK labour market for two years to international students who graduated in the UK. Too many individuals in the route were unemployed or in low-skilled work, and too many were using the student route as a means to work in the United Kingdom without any intention to study. We also saw a large number of fraudulent applications, which undermined our work routes and damaged the reputation of our education system. However, the closure of the two schemes does not mean that the United Kingdom fails to provide an attractive offer for international graduates of our universities. We have a generous offer for international students graduating from UK universities, which contains important safeguards to protect against abuse, the undermining of our work migration routes, and students being exploited by being used in low-skilled work or remaining in the United Kingdom unemployed.

With our current post-study provisions, the number of international students switching from tier 4 into tier 2 in the UK has been increasing. In 2015, the number was more than 6,000—up from around 5,500 grants in 2014, and around 4,000 grants in 2013. The hon. Member for Perth and North Perthshire made the allegation that we will “boot them out”. That is not the case. He talked about people having to find a job in four months, which is also not the case. They can start looking for a job before they finish their course, and many participate in the famous milk round, in which employers go around universities before exams and graduation have been completed. The important point is that there is no limit, and never has been, on the number of international graduates of UK universities who can move into skilled jobs in the UK workforce. There is no limit on the number of tier 4 students who can move into tier 2 jobs. Students moving into skilled jobs do not count against the annual tier 2 general limit.

Another point was on students being able to stay for up to two or four months before switching. Four visa categories are available to non-European economic area graduates of UK universities who wish to remain in the UK to work. First, those with an offer of a graduate-level job that pays an appropriate salary may take sponsored employment through tier 2. Secondly, those who have been identified by their higher education institution or by UK Trade & Investment can stay on for up to two years to develop their businesses in the UK under the tier 1 graduate entrepreneur category. Thirdly, graduates wishing to undertake a period of professional training or a corporate internship related to their qualifications can do so under tier 5. Lastly, PhD students can stay in the UK for an extra year under the tier 4 doctorate extension scheme to look for work or to start their own business.

We need to be clear that this debate is not about skilled work or ensuring that graduate-level skills are available to Scotland. That is already provided for. The Scottish National party is arguing for the right for international graduates to stay in this country to work in low-skilled and unskilled jobs. I fail to see how that benefits the economy of any part of the United Kingdom.

Although I recognise and welcome the work in Scotland to reduce unemployment rates—I note that there are still 129,000 unemployed people in Scotland—as in other parts of our country, the unemployment rate has fallen in recent years. Many of those people may already have the skills, or could acquire the skills, to take up jobs that do not require graduate training.

The other argument advanced by the SNP is that not having post-study work schemes makes the UK education sector less competitive than all our key international competitors. Perhaps we should look at the facts. An international student graduating from a UK university can stay in this country for at least two months after graduating, during which they can do whatever they like, including both working and looking for tier 2 employment that would allow them to stay on. If they have undertaken a course lasting more than a year, which covers the majority of international students in the UK, they can remain for four months.

The only country with a greater number of international students than the UK is the United States of America. In the United States international graduates, other than those undertaking work directly relevant to their degree, must leave the country within 60 days of completing their programme. In passing, I note that Canadian study permits become invalid 90 days after the conclusion of a study programme, which again is less generous than the position that applies to most international students in the UK. I hope we will not hear any more rhetoric about the UK’s uncompetitiveness on international students.

[Stuart C. McDonald]

The Minister is talking about the student visa itself. The US, Canada, Australia and New Zealand all have post-study work offerings that allow people to switch without, say, salary thresholds for 12 months or, in one case, 24 months. The Minister is not making a fair comparison.

[Mr Goodwill]

I have mentioned the four routes that graduates can take, but I make it clear that coming to the UK to study and obtain a degree is not a way into low-skilled work or unemployment. The vast majority of students come to the UK to study and then go back to contribute to their country’s economy. Indeed, on the statistics, those students do not contribute to net migration. If a person comes here to study and leaves at the end of their course, they do not contribute to net migration.

The hon. Members for Dundee West (Chris Law) and for Rutherglen and Hamilton West (Margaret Ferrier) spoke of the tier 4 visa pilot. In recent months, some Scottish National party Members seem to have fixated on the claim that Scottish universities have somehow been deliberately and consciously excluded from the tier 4 visa pilot. The four universities chosen were selected objectively, with no prejudice—indeed, if there were prejudice, I suspect we would have had one in Yorkshire—and, as a result, the pilot includes the top four institutions based on their consistently low levels of visa refusals. There was no agenda to limit those involved to universities in any region of the UK.

The hon. Member for Kirkcaldy and Cowdenbeath (Roger Mullin) is keen on putting words in my mouth, and I am not saying that all institutions not currently involved in the pilot have a poor record of immigration compliance. There are plenty of excellent institutions throughout the UK, including in Scotland. However, the four institutions participating in the pilot have the best record, which is why they have been chosen. We have deliberately kept it small scale, and I assure hon. Members that it will be properly evaluated. Should the pilot prove a success, it will be rolled out more widely—including, I hope, to universities in Scotland.

Finally, the Government continue to engage widely with the further and higher education sectors. Only yesterday, as has been mentioned, I met Dr Alasdair Allan, the Scottish Government’s Minister for International Development and Europe, to discuss these points.

I have time to touch on one or two other points. It was claimed that the number of Indian students coming to the UK has fallen by half, which should be viewed in the context of the clampdown on abuse. We issue more tier 4 visas to students from India than to students from any other country except China and the United States. The proportion of Indian students in the UK who are studying at a university has increased from some 50% in 2010 to some 90% in 2015. The trend of smaller volumes of students with greater concentrations in higher education is likely to reflect the recent policy changes to clamp down on immigration abuse by non-genuine students and bogus colleges. In 2015, some 90% of Indian students who applied for a tier 4 visa were issued one, which is up from 86% in 2014 and 83% in 2013. The Indian student grant rate is higher than in our competitor countries, and in quarter 3 of 2016 there was a 6% increase in the number of tier 4 visas issued to Indian students compared with 2015.

As anticipated, this has been a lively debate. I thank all hon. Members for their contributions. I reiterate that genuine students are welcome, and will continue to be welcome, in the United Kingdom. The UK has an enviable reputation as the home of world-class educational institutions, and the Government will continue to help them to ensure that they can continue bringing in the best and brightest students from across the globe to all parts of the UK, particularly Scotland.

Oral Answers to Questions

Debate between Robert Goodwill and Stuart C McDonald

Monday 5th December 2016 Commons Chamber

[Mr Goodwill]

We do have a specific Scotland shortage occupation list, which recognises the need to attract certain types of occupation to Scotland and which takes account of Scotland’s needs.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

One group of families that a distinct immigration system for Scotland would help are the “skype” families. There are 15,000 kids across the United Kingdom who are separated from a parent abroad because this Government have the least family-friendly immigration rules in the whole of the developed world. Almost half of Scotland’s people do not earn enough to meet the crazy financial threshold to bring the partner whom they love from abroad to live here. Will the Minister for Immigration allow the Scottish Government to set their own threshold, or how will he explain to those children why they have to live apart from one parent?

[Mr Goodwill]

At least the Scottish National party is honest about the fact that it wants to increase immigration, unlike the Labour party, which repeatedly refuses to say that that is its policy.

[Mr Speaker]

I am sure there is no suggestion that anybody would be anything other than honest in this Chamber.

[Stuart C. McDonald]

What is so difficult about some state variations in immigration rules? Many visas tie people to a specific job and employer. We have Tech City visas, which have special rules for certain UK cities, and we do operate a common travel area and an open border with Ireland, which is a completely distinct immigration system. Does the Secretary of State accept that there is no practical reason why we cannot see significantly different rules applying in Scotland for those significantly different needs?

[Mr Goodwill]

If the hon. Gentleman were to examine the evidence of the Fresh Talent scheme, which the Scottish Government reviewed in 2008, he would see that only 44% of those applicants remained in Scotland, and more than half of those jobs were not appropriate for the level of education of those who took them.

Refugee Family Reunion (Immigration Rules)

Debate between Robert Goodwill and Stuart C McDonald

Tuesday 29th November 2016 Westminster Hall

[Mr Goodwill]

I understand the hon. Lady’s point, but I will justify exactly where we are and why we believe we have got the right policies.

As I was saying, the rules reflect our obligations under article 8 of the European convention on human rights. Where an application does not meet the rules, our policy requires consideration of any exceptional or compassionate reasons for granting a visa outside the rules. That caters for extended family members of refugees and family members of British citizens who cannot meet the financial requirements of the rules.

[Stuart C. McDonald]

Will the Minister give way?

[Mr Goodwill]

I will make a little progress, otherwise I will not be able to answer the points made during the debate, given the time constraints.

In July, the Home Office published revised guidance on the types of cases that may benefit from a grant of leave outside the rules in exceptional circumstances, including adult dependent sons or daughters over the age of 18 who are not leading an independent life and are living in a conflict zone. The new guidance also provides more clarity for applicants and their sponsors, so that they can better understand the process and what is expected of them. I do not believe that widening the definition of family is practical or indeed necessary, especially as the numbers of people granted a family reunion visa are likely to increase in line with the numbers of recognised refugees in the UK.

A balance has to be struck between reuniting families quickly and not creating a situation where the UK becomes the destination of choice, with family members and children in particular being encouraged or even forced to leave their country and risk hazardous journeys to the UK. They should instead claim asylum in the first safe country they reach.

Calais Children and Immigration Act

Debate between Robert Goodwill and Stuart C McDonald

Wednesday 16th November 2016 Commons Chamber

[Mr Goodwill]

First, let me pay tribute to the non-governmental organisations that have been working in France. I am talking about not only the French NGOs such as France terre d’asile, but British charities that have been working in the camp, giving the children much-needed help, and the United Nations High Commissioner for Refugees, which is one of our partner organisations working in France and the wider region. Anyone who is in contact with a child in France should tell them to apply for asylum in France. That child’s claim will be considered and they will be looked after in France. One problem that we faced during the Calais camp situation was that the people traffickers and the organised criminals were advising people not to apply for asylum. That is the wrong advice to give. It is important that they do apply for asylum in France, which is a safe country for them to be in.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The debates that we had in this House on the Dubs amendment were among the most passionate that I have seen since my election 18 months ago. How section 67 of the Immigration Act 2016 is now implemented is important to this House and deserves the greatest scrutiny. Surely the Government will agree to a proper debate in this Chamber on the content of the guidance that they have issued, because restrictions appearing in the guidance were certainly never contemplated during the Dubs debates.

My party shares the uneasiness about the exclusion of any children aged 16 and 17. Of course 16 and 17-year-olds can be, and are often, vulnerable. I ask the Minister is this a hard and fast rule, or will discretion be applied?

Similarly, we are very troubled with the restrictions on nationality. For example, the exclusion of Eritreans is utterly inappropriate given that Home Office decision making in this area has been torn to pieces in the tribunals. Surely, the grant rate will soon be back through the 75% threshold mentioned. Again, will some discretion be applied in this area? We share UNICEF’s concerns that eligibility is restricted to those

“at risk of sexual exploitation.”

I have not yet heard an explanation of why those at risk of trafficking, forced labour and modern slavery are not to be included as well. As the hon. Member for Swansea East (Carolyn Harris) said, this guidance relates to children in France. What input did the French Government have in setting these criteria, and when will we see guidance for other countries, especially Greece and Italy?

Finally, in relation to children and the Immigration Act, may I ask when the Secretary of State intends to extend the scope of the scheme for transferring responsibility for relevant children in order to include Scotland, under section 73 of the Immigration Act?

[Mr Goodwill]

May I suggest that the hon. Gentleman closely reads section 67, the Dubs amendment, as it makes it quite clear that it applies to refugee children? The reason why we are choosing these particular nationalities is that they are more likely to qualify for refugee status. He also talks about vulnerability. That is why we are addressing the issue of younger children. Indeed, we go further to make it clear that we must work with local authorities and, I am pleased to say, the devolved Governments around the country, to ensure that the capacity is there. This is all in the Dubs amendment, which is why we are discharging that amendment within not only the letter of the law, but the spirit as well.

Immigration Rules (International Students)

Debate between Robert Goodwill and Stuart C McDonald

Wednesday 16th November 2016 Westminster Hall

[The Minister for Immigration (Mr Robert Goodwill)]

I congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on securing the debate and I thank all hon. Members who participated in it for their worthwhile, considered and thoughtful contributions on such a wide-reaching and important topic. I think that we can all agree that it is in the best interests of the UK as a whole to ensure that the United Kingdom continues to attract the best and brightest international students to study here. High-quality international students make an important contribution to the UK. Our universities are strengthened by the presence of some of the finest minds from around the world, and the international students themselves benefit from the chance to receive an education at some of the world’s best educational institutions.

Much emphasis has been placed today on the desire for Scotland to re-establish a post-study work visa. Hon. Members may remember the Fresh Talent scheme that operated in Scotland between 2004 and 2008. That scheme placed few restrictions on those who wanted to stay in the UK to work post-study, and granted free access to the whole of the UK labour market. An evidence review published by Scottish Government Social Research in 2008 found that only 44% of applicants remained in Scotland at the end of their two years’ leave on the scheme, and a significant proportion were not in skilled work appropriate to the level of education.

[Stuart C. McDonald]

That is exactly the point I made during my speech and I suggested that it is made a condition of a post-study work visa that that person has to live and work in Scotland. That would absolutely solve the Minister’s concerns.

[Mr Goodwill]

It is very difficult to ensure that a person who gets a visa to work, potentially, in Scotland is stopped from travelling elsewhere in the UK. Certainly, the pull of the south-east and London is one we are all too well aware of.

In 2008, the tier 1 post-study work visa replaced the Fresh Talent scheme and was introduced country-wide. This route saw high levels of abuse, with evidence of large numbers of fraudulent applications and individuals deliberately using the student route solely as an avenue to work in the UK, with no intention to study and many in unskilled work. I am sure that hon. Members are not seriously suggesting that a return to a completely open post-study work route that does not lead to skilled work would be advantageous for any part of the United Kingdom.

The UK already has an attractive offer for international graduates of UK universities. Those who can find a skilled job are free to do so. There is no limit to the number of tier 4 students who can move to a tier 2 general skilled worker route, nor do they count against the annual tier 2 cap. Around 6,000 tier 4 international students move to tier 2 annually, and that number has been rising year on year. However, that does not mean that the Government do not remain open to keeping our offer for international students under constant review, to ensure that we help our renowned institutions to attract talent from around the world. One such recent development was the launch of the tier 4 visa pilot with the universities of Bath, Cambridge, Oxford and Imperial College in July.

European Union Agency for Asylum

Debate between Robert Goodwill and Stuart C McDonald

Tuesday 15th November 2016 General Committees

[Mr Goodwill]

I thank my hon. Friend for his questions. The first—on whether the UK will continue to participate in EASO when we exit the EU—is one I can provide an answer to. How the UK supports the EU on asylum and wider migration matters will be considered in due course. However, we remain committed to supporting member states as necessary. Member states participating in EASO who do not participate in the EU agency for asylum would remain bound by the current EASO regulations, unless ejected in line with article 4 of protocol 21 of the treaty. EASO will continue to exist when the agency is set up, so as long as we are a member of the EU, we will be able to participate in the two in parallel.

My hon. Friend also asked about the continuation of the Dublin III regulations and Eurodac when we leave. The operation of a system whereby people can be identified through their biometrics will be important post-Brexit. No doubt that will be part of those negotiations, about which I will not speculate. Countries that are not currently members of the European Union can participate in Dublin III, so a precedent may well be set there. It would not be helpful to speculate on any of our negotiating positions or on what may be the concluding position of negotiations. Be in no doubt, though, that we see these as very important issues that should be addressed during our negotiations once article 50 has been triggered, which I am told will be before the end of March.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The Minister has outlined again the Government’s opposition to any form of relocation mechanism. That takes us to the crux of the matter. As the European Scrutiny Committee has asked in some of the supporting papers, if the Government do not have this model in mind, what alternative model do they have to share responsibility more equitably at times of intense migratory pressures? Is it the Government’s position that, instead of solidarity, we are just to leave matters to the frontline states?

[Mr Goodwill]

We certainly stand by our record of stepping up to the mark in helping with the unprecedented wave of migration across the European Union. Home Office officials, as well as other officials, are operating in Italy and Greece. As the hon. Gentleman will know, the situation in Greece has not yet been normalised. Of course, operating through the Dublin mechanism, not only have we been able to bring children across from countries such as Italy, Greece and, in particular, France in recent days and weeks, but children whose needs are best served by being in another EU member state have been moved to join family elsewhere. The system is voluntary: we have been offering technical and practical support, including funding for particular needs, as well as the support we have been giving in the Mediterranean, using vessels commissioned to help to rescue life and deter migration there.

[Mr Goodwill]

Of course that is a commendable concept; it is how it is practically delivered. That is why we have regulation such as Dublin III, which enables a mechanism to be put in place to help where we can. As we have seen following the dismantlement of the camp in Calais, through the Dublin III regulation and, indeed, section 67 of the Immigration Act 2016—the so-called Dubs amendment —we have been able to play our part in giving care and help to unaccompanied asylum-seeking children whom we saw in such dreadful conditions in Calais.

[Stuart C. McDonald]

Just one supplementary question, if I may. I welcome some of what the Minister said about work that has been undertaken in frontline states. To press that a little further, I remember reading a situational briefing about Home Office staff who had been sent to Greece. If I recall correctly, at that stage 75 staff were involved in implementing the deal to return people to Turkey, but only two people were involved in implementing the Dublin process. Does that suggest that we have not got our priorities right and should be increasing support for reuniting families across Europe?

[Mr Goodwill]

It is certainly a priority to make sure that the Dublin regulation operates. We offered 75 staff to help in Greece and have dedicated teams working on the Dublin system as well. However, I must underline the importance of the Turkey deal, because one of the most harrowing images that we all saw, following that dreadful number of shipwrecks and drownings, was the poor child washed up on the beach. The Turkey deal was there to deter and prevent people from making that hazardous journey, to stop us playing into the hands of the people smugglers. That deal is saving lives every single day. If only we could have a similar deal for people making the hazardous trip from north Africa, where in some cases we are still seeing dozens of drownings at a time. It is important that we support our EU partners in Greece and Italy through the practical mechanisms and the practical support we put in place, but we also need to ensure that the Dublin regulation operates. Returns to Greece are not possible currently because of some problems that I hope the Commission and the Greek Government will be able to work through.

[Stuart C. McDonald]

I have one final set of questions on Eurodac. I broadly share the Minister’s views—the proposals are welcome—but these questions come from the Committee papers. Are the Government satisfied with the safeguards that will be put in place and the rationale for the significant reduction in the age when migrants will be documented? What did the Information Commissioner say when consulted about the Eurodac proposals, if they were consulted at all?

--- Later in debate ---

[Mr Goodwill]

There can be no doubt that migration and immigration are very contentious issues, not only in this country but worldwide. It is important that we have a grown-up debate on the issue, one in which xenophobia or racism should play no part whatsoever. The Government’s position is well known, which is that we should control net immigration to sustainable levels—that is, the tens of thousands rather than the hundreds of thousands. At the same time I must make it clear that the UK has a proud history of providing help for those in genuine need. The objectives of reducing net migration should not be confused with our international obligations towards those claiming asylum and the mechanisms within the Dublin regulation for family reunification, which are supported by Eurodac. Indeed, in 2015, 130 children came to the UK under the Dublin regulation.

We have also unilaterally implemented measures such as the Syrian vulnerable persons relocation mechanism, through which we are on track to bring 20,000 vulnerable people to the UK before the end of this Parliament. The latest figures on that will be published on 1 December. I am optimistic that they will show that we are on track to deliver it. In addition, we have the scheme to bring 3,000 vulnerable children and their families from the wider region to the UK. This process is just starting to get into gear.

[Stuart C. McDonald]

All these schemes are very welcome—for the children, the relocation of Syrians and so on—but what strikes me as the Minister is speaking is whether these people coming into the UK will be counted towards the net migration target. Is that not a perfect example of why refugees and asylum seekers should be removed from any net migration target?

[Mr Goodwill]

They will be part of the figures. That is how the net migration figures are gleaned. They are based on a survey. As I said, we should not hear any suggestion that we are not stepping up to the mark as regards our international obligations on asylum. That should not be affected by the target to reduce net migration. Indeed, we have unilaterally put the schemes I have just described into place to bring people across from the region and reduce one of those big pull factors. One of the big problems with people drowning on that perilous journey across to Greece or Italy is that the people smugglers see their customers—if you can call them that—being able to get to Europe and be looked after there. We need to make sure we help people in the region, removing that pull factor.

This is over and above our long-standing obligations through the gateway and mandate systems. In terms of our wider help, from the financial point of view, the UK remains one of the largest member state contributors to Greece’s efforts to implement the EU-Turkey agreement, offering 75 personnel, of whom 58 are on station. The UK has deployed a Border Force search and rescue cutter in the Aegean, as well as contributing assets to the NATO mission. HMS Mersey, our offshore patrol vessel, is on station too.

Funding of £2 million was made available for the assisted voluntary returns project through the International Organisation for Migration in Greece from January 2014 to May 2016. The UK has also allocated up to £34 million to the humanitarian response in Greece, including £8 million to the UNHCR.