(5 years ago)
Commons ChamberI can reassure my hon. Friend that we are working with MHCLG colleagues. The Government believe that no one should be criminalised simply for sleeping rough. We committed to reviewing the Vagrancy Act in the cross-governmental rough sleeping strategy. Rough sleeping is obviously a complex issue, and we are looking closely at all the options, including retention, repeal, replacement and amendment of the Act.
As the hon. Gentleman knows, immigration is an issue for the whole United Kingdom, now and after we leave the European Union.
(5 years ago)
Written StatementsPeople from all over the world have come to the UK and helped make this nation what it is today, and this Government welcome the contribution migrants make to the UK’s economy, society and culture.
Leaving the EU allows us to introduce a new points-based immigration system and we have commissioned the independent Migration Advisory Committee to conduct a review of the Australian immigration system and other international comparators, as the first step in creating our new fairer immigration system.
The new immigration system will be a single system, where it is people’s skills that matter, not where they come from. For example, our new graduate route will be open to international students who have successfully completed a course of study in any subject at undergraduate level or above at an approved UK higher education provider. It will build on action to help recruit and retain the best and brightest global talent.
But a fair system also means a controlled system. My right hon. Friend, the Prime Minister, has confirmed he is not getting into a numbers game in respect of migration, but it is only fair to those who play by the rules and everyone else that those working, living and accessing public services are doing so legally. It is right that the system distinguishes effectively between those with lawful status and those here illegally.
In that respect, we are keen to ensure that the experiences of the Windrush generation are not repeated. One of the key lessons we have learnt is that declaratory systems do not work. The EU settlement scheme means that, in years to come, EU citizens will always have the evidence that they need to continue living in the UK as they do now. Simply to grant all EU citizens a status in law, and not require them to obtain evidence of this, would significantly increase the risk of another Windrush.
The EU settlement scheme, is a fair, simple and straightforward system for EU citizens to secure their immigration status in UK law. The system is working well, and the latest internal figures show we have received two million applications and are processing up to 20,000 a day.
Settled and pre-settled status reflects the residence rights that EU citizens currently have under EU free movement rules. EU citizens resident in the UK for less than five years can get pre-settled status, which protects their current rights to live, work, receive benefits and access services, qualifying for settled status once five years residence is complete.
Fairness also means ensuring we provide protection to those most in need of it. This Government have great respect for human rights and has evidenced this through a long and proud history of supporting refugees and other vulnerable people. Over 75,000 individuals have been granted some form of protection since 2010.
In 2015 we committed to resettle up to 20,000 refugees affected by the conflict in Syria by 2020—and we are well over three-quarters of the way there, resettling over 17,000. We have re-affirmed this commitment to resettlement beyond the current commitments by creating a new consolidated global resettlement scheme, resettling in the region of 5,000 refugees in its first year of operation.
Immigration is a reserved matter and this Government believe it is right that it stays that way, but we do recognise the need for some regional variation, which is why Scotland already benefits from a separate shortage occupation list.
It is also why, earlier this year, we commissioned the MAC to advise on issues concerning potential future salary thresholds.
This Government believe that a controlled immigration system that serves the best interests of the whole of the UK, that rewards hard work and talent, that is based on a person’s skills and what they have to offer rather than where they come from; and that provides protection to the most vulnerable, is a system that constitutes fairness. That is the system this Government are working to deliver.
[HCWS14]
(5 years, 1 month ago)
Written StatementsMy right hon. Friend the Home Secretary is today laying before the House a statement of changes to the immigration rules (HC 2631). Copies will be made available in the Vote Office and on gov.uk.
I have made a change to the immigration rules which will reduce costs and bureaucracy for doctors, dentists, nurses and midwives looking to come and work in the UK and support our NHS. This change will ensure that these medical professionals, who have passed a robust English language test, which includes identity checks, and are required to register with their regulatory body, do not have to sit a separate, lower level immigration English language test. This will support the Government’s desire to continue to attract the best and brightest global talent to the UK and to encourage migrants to integrate into society, without compromising the safety of those using our health services.
The United Kingdom is committed to providing protection to those who need it, in accordance with its international obligations. Those who fear persecution should however claim asylum in the first safe country they reach and not put their lives at risk by making unnecessary and dangerous journeys to the UK. Illegal migration from safe countries undermines our efforts to help those most in need.
To support these principles, the immigration rules already provide for inadmissibility processes, under which we can decline to substantively consider the asylum claim of a claimant in the UK and remove them to a safe third country, provided the claimant has, or could have claimed asylum there, has refugee status there, or has some other relevant connection to the third country such that it would be reasonable for them to return there. This process requires the co-operation of the safe third country.
Some of these rules are drafted in the context of the UK’s membership of the EU. As such, we are making minor amendments to the rules, to allow us to use inadmissibility processes for broadly the same range of case types once we leave the EU.
Finally, we are also introducing wider changes through these immigration rules to appendix EU which sets out the rules governing the EU settlement scheme (EUSS). This provides the basis for EU, EEA and Swiss citizens, and their family members, to apply for UK immigration status which they will require to remain here permanently after the UK’s withdrawal from the European Union.
The changes make revised provision for access to the EUSS for the family members of UK nationals returning with them from an EEA member state or Switzerland, having lived there together while the UK national exercised their free movement rights, in line with the announcement on such access made on 4 April 2019.
We expect the vast majority of EUSS applicants to be genuine, and for there to be little need for status granted under the EUSS to be cancelled at the border or curtailed in-country. However, it is appropriate that, to safeguard the integrity of the EUSS, its status should be covered by some of the same powers as other forms of immigration leave, so that appropriate action can be taken where necessary. The changes therefore amend part 9 of the immigration rules to provide additional grounds for the cancellation and curtailment of EUSS status and leave acquired having travelled to the UK with an EUSS family permit, e.g. on grounds this was obtained by deception (such as where the person had claimed to be the family member of an EEA citizen when they were not). The changes also amend part 9 to provide discretionary grounds for EUSS status and leave acquired having travelled to the UK with an EUSS family permit, to be cancelled at the border, in a “no-deal” scenario, on the grounds that cancellation is conducive to the public good, as a result of the person’s post-exit conduct.
The changes provide a right of administrative review where status granted under EUSS is cancelled at the border because the person no longer meets the requirements for that status, e.g. where, as a non-EEA citizen granted pre-settled status under the EUSS, they have ceased to be the family member of an EEA citizen. Such cancellation could only occur where the person no longer met any of the bases for eligibility for status under the EUSS. The changes also bring the time frame for applying for an administrative review under the EUSS in line with all other administrative reviews in cases where the applicant is detained pending their removal from the UK, which will help ensure detention is kept to a minimum.
[HCWS1823]
(5 years, 1 month ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Mr Gray. I congratulate the hon. Member for Edinburgh North and Leith (Deidre Brock) on having secured this important debate, and I am grateful to her and to all other hon. Members who have spoken, one of whom has left his place. I also pay tribute to my predecessor, my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), for the work she has done on this issue. I have had a meeting with her and discussed it, and I know that she took it very seriously.
The hon. Lady has rightly praised the magnificent Edinburgh festivals; of course, there is a great range of them. I was very lucky to speak at one of the fringe events in 2018. It was an amazing atmosphere, and it is a world-leading festival. The creative sector is a hugely important part of the UK’s economy; as the hon. Member for Manchester, Gorton (Afzal Khan) has touched on, it generates over £100 billion per annum, and those creative industries are growing.
Importantly, as I have said before in this Chamber when speaking from the Back Benches, this exchange of people and ideas is not just an economic issue, but very important socially and culturally. The Government are committed to that and recognise the role that international collaboration plays in our social, economic and cultural life. I am happy to meet with the hon. Member for Edinburgh North and Leith, the festival organisers or Equity to discuss these matters, and also to hear at more length the contributions that the hon. Member for Glasgow North (Patrick Grady) referred to in his letters. Perhaps he could expand on those.
Under the existing immigration system for non-EEA nationals, there are dedicated arrangements for creative individuals. Hon. Members have raised several points, which I will try to address. Artists, entertainers and musicians who come here as visitors to perform at events, take part in competitions or perhaps have auditions can come for up to six months. There is, of course, the permit-free festival list: several, although not all, of the festivals that have been referred to are on that list. It enables festivals to showcase international artists, entertainers and musicians such as the ones we have heard about. Exceptionally, those visiting performers can come to the UK for up to six months and be paid for their participation without needing formal sponsorship.
Celtic Connections, the Cheltenham festivals, the Edinburgh fringe festival, the Edinburgh international festival, the Edinburgh jazz and blues festival, the Hay festival, the Edinburgh tattoo, and WOMAD are all part of the permit-free festival list, which shows that the Government have listened and things have changed.
I appreciate that many of those festivals are part of that group, but does the Minister acknowledge that the list disadvantages much smaller festivals that do not have the capacity or funds to participate to the same extent as larger ones?
Of course, in all areas of life smaller organisations are always disadvantaged. However, because I am quite new to this role, I am not entirely sure whether an artist going to, for example, Celtic Connections could then go to a smaller festival in the ambit of those six months. Because I am not entirely sure, I will not give an answer; I will clarify by writing to the hon. Lady.
The current tier 5 creative and sporting route can be used by musicians, actors or artists. Some of those nationals can benefit from visa-free travel to the UK for up to three months if they get a certificate of sponsorship, and a 12-month working visa is also available. However, that generous offer must be balanced against the need to keep the country safe and secure.
We have visas for a reason: so that we can see who is coming in and out of the country. Last year, more than 2.3 million visitor visas were granted, which is an 8% increase on the previous year. People came for leisure, study or business visits. The service standard for processing a visit visa is 15 working days, and last year UK Visas and Immigration processed 97% within that target. Over the recess, I had the great pleasure of visiting UKVI and speaking to several colleagues who work there. I, too, pay tribute to them for their work.
The onus of a system of this scale is on the applicant to demonstrate that they satisfy the rules, but we want to carry on working as closely as we can with stakeholders to make sure that we are delivering an excellent service. This debate and the subsequent meetings that we will have are part of that. We need to preserve the integrity of our immigration controls.
The Minister talks about 2.3 million visas having been granted. On protecting the integrity of the system, does the Home Office have statistics on how many people have absconded? Is it willing to put that into the public domain?
I will come to that point later.
Last year, we published new guidance for UK creative event managers that provided an overview of what to consider in terms of planning for visas. We now have dedicated points of UKVI contact for those UK organisations organising UK events, which the hon. Member for Edinburgh North and Leith referred to. I am sure that people organising major creative events or international conferences will be able to take advantage of that. I bear in mind her point about smaller groups.
The Minister talked about achieving 97% in 15 working days. Is she willing to give us a breakdown of the different countries?
I am not entirely sure, but I imagine that such things are in the public domain. I am almost positive that they are available, because of our great transparency, but I will not say from the Dispatch Box where they are when I do not actually know. I would never want to mislead the House.
We are working closely with other Government Departments, particularly the Department for Digital, Culture, Media and Sport. Officials have met sector representatives to understand the requirements of the creative sector. We have listened to stakeholders to ensure that our systems strike the right balance in terms of customer use and the integrity of our controls.
We want people to apply for their visas as early as possible. We published guidance for UK event managers that provides an overview of what to consider in terms of planning for visas and we also now have dedicated events. On what the Home Office and UKVI are doing, in May we published new guidance for our decision makers, including escalation procedures, to ensure that when they are assessing and making decisions on visitor visa cases, they consider all the evidence in the round, particularly UK sponsorship.
The hon. Member for Cardiff West, who is no longer in his place, referred to fees. I wholeheartedly disagree that they are a racket. The Immigration Act 2014 set out the governing factors that must be given regard to when fee levels are set: they include the cost of administering the service, the benefits likely to accrue to the applicant on a successful outcome, the costs of operating other parts of the immigration system, the promotion of economic growth, the fees charged by or on behalf of the Governments of other countries for comparable functions, and any international agreement. Having said that, we keep all visa, immigration and nationality fees under review.
I apologise for not having been able to be present at the start of the debate.
On the point about fees, I have many cases where people’s visa applications are rejected for minor points, because a document has gone missing or they did not provide something with the right date. If it is rejected, they have no right of appeal, so they have to start all over again, not quite knowing what they did wrong. Would it not be easier if officials could just phone people up and say, “You haven’t sent in a copy of your landlord’s agreement”, or whatever is required? It would save so much money.
Due to the nature and the great volume of visa applications, there are obviously cases where documents go missing at either end or where there is not clarity. If the hon. Lady has specific examples—
My pile of letters is like the magic porridge pot—it never gets to the bottom. I am very happy to look at them.
I am aware of some of the problems experienced by international artists coming to the UK, to which we have heard reference today. There have been some refusals. I realise that delays or errors can have serious personal consequences for the individual, and reputational and economic consequences for the UK organisers of events. As I have said on several occasions, however, I am committed to making the visitor system as simple and straightforward as possible, and to ensuring that decisions are right first time. That is important. We want to continue to deliver an excellent service for our customers.
The hon. Member for Edinburgh North and Leith referred to passports being lost. Everybody has the option to use the “Keep My Passport When Applying” service, but if she writes to me with a specific example of a lost passport, I will happily look into it.
The hon. Member for Glasgow North is a great champion of issues relating to Africa in this place. My predecessor met the hon. Member for Newcastle upon Tyne Central (Chi Onwurah), who is the chair of the all-party parliamentary group for Africa. We are keen to look at that issue. Visa applications from African nationals are at their highest level since 2013. The percentage of African nationals whose applications were granted is up by 4% on 10 years ago. The average issue rate for non-settlement visa applications submitted in the Africa region is consistent with the average issue rate for the last three years, which is 75%. There are problems in some cases, however; the hon. Gentleman referred to the difficulties that some of the people with whom he is engaged in Malawi have encountered with the new hub-and-spoke configuration of the system. I will keep that under review.
The hon. Member for Glasgow East (David Linden) talked about an immigration system with regional variations. We are clear that our future immigration system must work for every nation, region and community in the UK. We remain invested in fully engaging with the devolved Administrations. A regional immigration system is clearly problematic because we do not have internal controls. The Department considers that, given the complexity and scale of the effort, distortions or unintended consequences could result from divergent approaches in the nations of the UK. The Migration Advisory Committee has noted that it does
“not consider that there is a strong economic case for regional differentiation in migration policy”.
On the hon. Gentleman’s point about people who have absconded, I am afraid that we cannot reveal numbers. If an individual claims asylum, we cannot reveal it, because it could have an impact on his or her case. It is also difficult to quantify the number of people who are here illegally and have not brought themselves to the attention of Immigration Enforcement.
I turn to the future. The Prime Minister has been clear that we are leaving the European Union on 31 October, which will mean that freedom of movement as it stands will end when the UK leaves the EU. EU citizens will still be able to come to the UK on holiday and for short trips, but the arrangements for people coming to the UK for longer periods of time and for work and study will change. Details of other changes immediately after 31 October, and improvements for the new immigration system, are being developed.
I finish by paying tribute to all hon. Members who have spoken today. They take the issue of our cultural life, the free exchange of ideas and the contribution of artists to our economy very seriously, as do the Government. In the Home Office, on visas, we have to balance that against keeping our borders safe and secure. I look forward to engaging with hon. Members on this issue in the future.
(5 years, 1 month ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Mr Bone. I thank the hon. Member for Birmingham, Selly Oak (Steve McCabe), my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) and the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for securing this extremely important debate on the EU settlement scheme and looked-after children and care leavers. The co-chairs of the all-party parliamentary group are great champions for children and it is right to discuss this issue today.
The EU settlement scheme is designed to deliver on the Government’s aim that EU citizens can obtain their status quickly and easily. The principle behind it is the presumption of granting status. The Prime Minister has made it clear that EU citizens living in this country will have the absolute certainty of the right to live and remain in this country. Ensuring that those who are most vulnerable, such as looked-after children, are supported to obtain status has always been and continues to be a core element in the delivery of the scheme, and I want to assure all Members who have spoken today, including those who have left their places, that that is a cross-departmental priority for the Government.
My Department has engaged widely, including with the Department for Education, the Local Government Association—my predecessor spoke at its conference, addressing this point—and the Association of Directors of Children’s Services, as well as their equivalents in the devolved Administrations and in Northern Ireland, to understand and address the needs of looked-after children and care leavers and to ensure that they are supported. Guidance has been issued regarding the role and responsibilities of local authorities for making or supporting applications for looked-after children.
The scheme was first rolled out in the spring of this year. One million people have been granted status already—that is the figure from August. If we are in a deal situation, the scheme will be open until the middle of 2021. In a no-deal situation, people will have until 31 December next year to apply.
Members have rightly raised a lot of points about the scheme in general and about the specific cohort of children. I understand the point made by the hon. Member for Birmingham, Selly Oak—he has great experience both from his work in this place and from before that—on the different strata of children that we are discussing.
The system has been designed to make sure that a successor of mine who stands here in 40 years’ time will not be dealing with a system where people do not have their status. That is why we have registration—so that EU citizens, particularly children and vulnerable people who have built their lives in this country—
Can I just finish this point? Then I will give way, to either an angry or a helpful comment.
The registration scheme exists so that citizens, particularly children and vulnerable people who have built their lives in this country, do not have difficulty evidencing their rights to live and work here. That speaks to a point made by the hon. Member for Stretford and Urmston (Kate Green).
The Minister speaks of her successor in a few years’ time being able to say that everyone has status, but only a declaratory system will do that. If we do not have a declaratory system, it is inevitable that tens of thousands—almost certainly hundreds of thousands—of EU citizens, including vulnerable people, will not have status. Does the Minister accept that? Does the Home Office have an estimate of how many people it expects not to go through the process in time?
I profoundly disagree with that point. The registration scheme ensures that those EU citizens who are here will have settled status. If not, there will be differences, because people will not necessarily be able to prove whether they were here at that point.
Focusing specifically on the cohort under discussion, hon. Members have quite rightly referred to the fact that many of those children do not have the same documentation as most of us in this Chamber, because of the life situations they have experienced. We share those concerns. They might have no identity document, as they might have had complex or chaotic lives.
It is absolutely right that local authorities and health and social care trusts in Northern Ireland should obtain the necessary identity documents for a child in care to ensure that they have uninterrupted access to services, but the Home Office guidance on this scheme makes it clear that applicants can apply without an identity document, as they might be unable to provide one because of family circumstances. As far as I am aware, local authorities vouching for the fact can be adequate documentation.
One of the critical lessons from the pilot schemes in my local authority was the difficulty in getting hold of documentation, because embassies in other countries want parents to be involved. It comes down to a very simple question: do we want social workers to be chasing up embassies and parents, or working with these kids? Is the Minister providing a guarantee that if my local authority simply said, “Yes, we believe this child is an EU citizen and therefore should be entitled to status in this country,” that will be enough? If she is not, she is asking social workers—who do not have a legal background—to go chasing information that they cannot get hold of, not because of rules in this country but because of rules in other countries, and that risks the children not getting the status they urgently need.
May I please finish my point? For some of the children we are talking about, the local authority is the parent. A second group might be the parents of section 20 children, and another group includes children in need. The problem is that some children still have their parents, who, perhaps at a later point, might come back in order to make the application for them. We are talking about three distinct groups of children. It is important that we recognise that, although some children might temporarily be under a section 20 order, they might return to their parents afterwards.
I must finish this point. I have asked officials to look at the hon. Lady’s point about the local authority giving the evidence, and I will write to her in more detail.
It is important to note that not all the children we are talking about have local authorities that are in loco parentis.
On the role of local authorities, a new burdens assessment has been made. It will take into account the important work of identifying the cohort of children and their parents. We have asked local authorities to return figures by the end of August—I think the hon. Lady referred to that—and we are currently co-ordinating those returns, which came in only a few days ago. That is how we are supporting local authorities.
We have given £9 million to 57 voluntary and community sector organisations across the country, to help us reach an estimated 200,000 vulnerable or at-risk EU citizens and help them apply. Of course, it is not only children who might be in a vulnerable cohort; the Home Office is very aware of that. Additional support is available to people who do not have the appropriate access, skills or confidence to apply online. There are more than 300 assisted digital locations across the UK, and there is an opportunity for a paper application in some circumstances.
I thank the Minister for giving way again—she is being very generous with her time. Charities are telling us that they do not have the resources to do all the work that is required. Has she put in a request to the new Chancellor for additional funding, so that we can leave absolutely no stone unturned in ensuring that we help each and every vulnerable person in this country who needs to apply?
The scheme is not designed to require a lawyer or legal advice, so it is simple to use. I recognise that there might be complications in some of the cases involving vulnerable and non-EEA dependents. However, the fact that more than one third of the eligible people have already signed up in six months is a testament to its design as a simple system.
I am grateful to the Minister for giving way. She might be right to say that the overall scheme was designed not to require great legal expertise, but the evidence of the Coram pilot shows that that is exactly what was required for the group of children that this debate is about. Surely that is the point she needs to address.
On the Coram report and the Department’s contact with all the important groups that assist vulnerable people, guidance has been published. Most importantly, guidance is being refreshed—this debate is part of that, to ensure the guidance is relevant. There has been a series of teleconferences for social workers and local authority staff, and they will continue monthly until next March. There is a designated telephone number for local authorities to call the Settlement Resolution Centre.
I will touch on an important issue that the hon. Member for Stretford and Urmston mentioned, namely legal aid. She has quite rightly mentioned the fact that the order has not been debated, and I will speak urgently to my colleagues at the Ministry of Justice in order to bring that forward. Until then, applicants can apply through the exceptional case funding scheme.
The Minister is making earnest promises to work with local government to ensure that no child is left behind. Can she assure me and other colleagues that her Department will work with the devolved Administrations and local authorities in Scotland to ensure that all children are cared for, and that the opportunities provided in England are provided elsewhere in the UK?
I am very committed to working with my counterparts in the devolved Administrations. It is a testament to the importance of this debate that hon. Members from all four nations are present—well, not the Welsh, unfortunately—which shows how strongly we feel about protecting vulnerable children in this situation.
Colleagues asked what would happen should children fail to make an application by the deadline, which, as I have said, will be either the end of December next year in a no-deal situation, or the summer of 2021 under the withdrawal agreement. The Government have a special responsibility for these children and care leavers. With these measures in place, I am confident that we will ensure that they secure a permanent status under the scheme.
I will touch on citizenship fees, because all hon. Members who have spoken have talked about them. Settled status gives indefinite leave to remain in the UK, but some countries do not allow dual citizenship. It is a personal choice; citizenship is not mandatory. However, we have committed to reviewing fees for child registration applications and will keep the House updated.
On the issue of asylum, which I think was raised by the hon. Member for Stretford and Urmston or my hon. Friend the Member for East Worthing and Shoreham, the UK takes extremely seriously its responsibilities to unaccompanied children. As my hon. Friend mentioned, the numbers have been increasing. In the past 12 months, we gave protection to more than 7,000 children. Whether we have a deal or not, co-operation on asylum will continue with EU countries, which is why we have taken proactive action to ensure that, whatever the circumstances, Dublin requests that relate to family reunification and that have not been resolved on the date we leave the EU will continue to be considered under existing rules.
I will touch quickly on the issue of criminality thresholds. I, too, queried why there was a 16-to-18 gap. Applicants under 18 are now not asked about criminality, but a police national computer check is still conducted if they are aged over 10. Only serious criminality, which forms consideration of deportation, is taken into account—serious persistent offenders with extended custodial sentences.
This has been a very important debate. Highlighting the issue at this earlyish stage of the EU settlement scheme is very pertinent, and I thank the hon. Member for Birmingham, Selly Oak for securing the debate. We will continue to engage with relevant stakeholders, to understand and address the needs of looked-after children in care. I reassure the House that the Government are absolutely committed to ensuring that we look after children and care leavers, and that they are supported to obtain their status under the EU settlement scheme.