Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government whether it is normal practice to request biometric procedures to be conducted before final approval for permission to enter the UK on a visitor's visa; and if so, whether they plan to consider approving such applications before an appointment to collect biometric data is made.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Government uses biographic and biometric information to conduct iden-tity and suitability checks on visa applicants before deciding whether to issue an applicant with a visa. If we did not complete these checks before approv-ing a visa application, we risk granting entry clearance to individuals who have an adverse immigration history and exposing the UK to harm from criminals who seek to come to the UK.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government whether UK citizens not owning property in the UK will be required to satisfy immigration authorities of income and property in the UK when applying for either EU or non-EU spouses and close family members to enter and reside in the UK after Brexit.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Government is considering a range of options for the future immigration system. We will build a comprehensive picture of the needs and interests of all parts of the UK, including different sectors, businesses and communities, and look to develop a system that works for all.
We will make decisions on the future immigration system based on evidence and engagement. That is why we have asked the independent Migration Advisory Committee to advise on the economic and social impacts of the UK’s exit from the EU. When building the new system, various aspects including the creative sector will be taken into account, to ensure the future immigration system works for sectors.
We will set out proposals in the autumn.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government how many times in each of the last five years have immigration officers refused permission for a short-term visitor visa on the grounds that they have not been satisfied that the applicant intends to leave the UK at the end of the period being applied for, without giving the applicant the opportunity to provide additional information.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Border Force does not hold the data in the requested format. Published data on refusals can be found at :
Table vi_01_q: Entry clearance visa applications and resolution by category
Resolved | of which | |||||||||
Quarter | Applicant type | Category | Applications |
| Granted | % | Refused | % | Withdrawn | Lapsed |
2017 Q1 | Main applicant | Visitors | 466,782 | 440,069 | 382,392 | 87% | 56,934 | 13% | 734 | 9 |
2017 Q1 | Dependant | Visitors | 41,900 | 39,630 | 35,018 | 88% | 4,519 | 11% | 93 | 0 |
2017 Q2 | Main applicant | Visitors | 722,866 | 694,142 | 621,701 | 90% | 70,927 | 10% | 1,498 | 16 |
2017 Q2 | Dependant | Visitors | 122,499 | 112,339 | 104,414 | 93% | 7,702 | 7% | 220 | 3 |
2017 Q3 | Main applicant | Visitors | 535,737 | 580,486 | 510,720 | 88% | 67,906 | 12% | 1,848 | 12 |
2017 Q3 | Dependant | Visitors | 44,330 | 59,635 | 53,532 | 90% | 5,967 | 10% | 136 | 0 |
2017 Q4 | Main applicant | Visitors | 417,610 | 421,871 | 359,120 | 85% | 61,777 | 15% | 970 | 4 |
2017 Q4 | Dependant | Visitors | 34,005 | 34,154 | 29,480 | 86% | 4,569 | 13% | 103 | 2 |
| ||||||||||
2017 | 2,382,326 | 2,096,377 | 88% | 280,301 | 12% | 5,602 | 46 |
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government what is their estimate of the numbers of UK citizens residing in other EU member states who do not own property in the UK.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
We do not hold this data.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 8 May (HL7441), whether references to family members include non-EU citizens who are the (1) spouses, (2) civil partners, and (3) durable partners of UK citizens (a) before, and (b) after the UK leaves the EU.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
In line with the Surinder Singh caselaw, except where the family members are EU citizens exercising Treaty rights, the spouses and civil partners of UK nationals have EU law residence rights in the UK only in limited circumstances. This is where they have resided together as family members in another EU Member State where the UK national was genuinely exercising their Treaty rights, before returning to the UK. This provision does not extend to durable partners.
Although not covered by the Withdrawal Agreement, it is our intention that spouses and civil partners of UK nationals who have genuinely exercised their free movement rights in another EU Member State before returning to the UK before the end of the implementation period, on 31 December 2020, will also be eligible to apply to the EU Settlement Scheme. As per Surinder Singh, we do not intend for the relevant provisions of the scheme to extend to durable partners of British citizens.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 14 May (HL7540), whether references to family members include non-EU citizens who are the (1) spouses, (2) civil partners, and (3) durable partners of UK citizens (a) before, and (b) after the UK leaves the EU.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
In line with the Surinder Singh caselaw, except where the family members are EU citizens exercising Treaty rights, the spouses and civil partners of UK nationals have EU law residence rights in the UK only in limited circumstances. This is where they have resided together as family members in another EU Member State where the UK national was genuinely exercising their Treaty rights, before returning to the UK. This provision does not extend to durable partners.
Although not covered by the Withdrawal Agreement, it is our intention that spouses and civil partners of UK nationals who have genuinely exercised their free movement rights in another EU Member State before returning to the UK before the end of the implementation period, on 31 December 2020, will also be eligible to apply to the EU Settlement Scheme. As per Surinder Singh, we do not intend for the relevant provisions of the scheme to extend to durable partners of British citizens.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 25 June (HL8588), whether references to family members include non-EU citizens who are the (1) spouses, (2) civil partners, and (3) durable partners of UK citizens (a) before, and (b) after the UK leaves the EU.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
In line with the Surinder Singh caselaw, except where the family members are EU citizens exercising Treaty rights, the spouses and civil partners of UK nationals have EU law residence rights in the UK only in limited circumstances. This is where they have resided together as family members in another EU Member State where the UK national was genuinely exercising their Treaty rights, before returning to the UK. This provision does not extend to durable partners.
Although not covered by the Withdrawal Agreement, it is our intention that spouses and civil partners of UK nationals who have genuinely exercised their free movement rights in another EU Member State before returning to the UK before the end of the implementation period, on 31 December 2020, will also be eligible to apply to the EU Settlement Scheme. As per Surinder Singh, we do not intend for the relevant provisions of the scheme to extend to durable partners of British citizens.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 14 May (HL7540), whether spouses of EU citizens from countries outside the EU will be included in the right to free movement in the UK; and if not, how they reconcile the statement that "family members will be able to join EU citizens on current EU law terms" with EU law determining that those spouses may have access to the applicable EU state.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The references to “family members” and “close family members” in the Written Answer of 14 May (HL7540) include those from countries outside the EU.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government whether (1) customs officials, or (2) border officials, have the authority to request or oblige an incoming passenger to hand over any password to unlock their smart phone; and if so, on how many occasions in the past 12 months this has occurred at each principal gateway into the UK.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Border Force Officers can exercise either immigration or customs powers depending on their appointment as an Immigration Officer or a Designated Customs Official.
When exercising immigration powers, a Border Force Officer may only search a person until it is satisfactorily established that the person is a British Citizen, may enter the United Kingdom without leave or has leave to enter the United Kingdom. The Immigration Officer may search for any documents relevant to their examination of the individual. It is possible that such documents could be contained on a mobile phone. Failure to submit to a search may result in the person being refused leave to enter, or could constitute an offence under section 26(1)(b) of the Immigration Act 1971, and / or could lead to the mobile phone being seized under paragraph 15A(7) of Schedule 2 to that Act.
The Customs and Excise Management Act 1979 permits Border Force customs officers to question passengers regarding their baggage and anything carried with them, and to produce baggage for examination to ensure the payment of duties, to prevent the importation of prohibited items, or to search persons where there are reasonable grounds to suspect they are carrying prohibited or restricted goods or goods on which duty has not been paid. As part of this examination, they may request access to electronic equipment.
Section 24 of the Police and Criminal Evidence Act (PACE) 1984 empowers Border Force immigration and customs officers in England and Wales to arrest persons who are committing an offence or who they have reasonable grounds to suspect are about to commit an offence. Section 32 permits them to search persons who have been arrested. Section 19 empowers officers to seize items that are evidence in relation to an offence.
Under Schedule 7 to the Terrorism Act 2000 a person must give an examining officer any information that the officer requests to establish whether the person is concerned in terrorist related activity. If a person fails to comply they can be prosecuted for wilful obstruction. While it is possible for designated Border Force Officers to be accredited to exercise Schedule 7 powers, in practice it is exercised at port by Police Officers.
We do not hold information on how many times this has occurred in the past 12 months.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government what estimate they have made of the number of (1) married couples, and (2) civil partners, that might be separated as a result of Brexit.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The agreement we have reached with the EU on citizens’ rights protects those EU citizens and their family members, including spouses and civil partners, exercising free movement rights in the UK before the end of the implementation period on 31 December 2020.
During the implementation period, family members will be able to join EU citizens on current EU law terms. After the implementation period, close family members will be able to join an EU citizen covered by the Withdrawal Agreement, where their relationship existed before 31 December 2020 and continues to exist when they wish to join the EU citizen in the UK. Close family members includes spouses, civil partners and durable partners.