Artist Visas Debate

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Department: Home Office

Artist Visas

Seema Kennedy Excerpts
Wednesday 4th September 2019

(4 years, 6 months ago)

Westminster Hall
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Seema Kennedy Portrait The Parliamentary Under-Secretary of State for the Home Department (Seema Kennedy)
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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.

Deidre Brock Portrait Deidre Brock
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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?

Seema Kennedy Portrait Seema Kennedy
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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.

David Linden Portrait David Linden
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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?

Seema Kennedy Portrait Seema Kennedy
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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.

Afzal Khan Portrait Afzal Khan
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The Minister talked about achieving 97% in 15 working days. Is she willing to give us a breakdown of the different countries?

Seema Kennedy Portrait Seema Kennedy
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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.

Kerry McCarthy Portrait Kerry McCarthy (Bristol East) (Lab)
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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.

Seema Kennedy Portrait Seema Kennedy
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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—

Kerry McCarthy Portrait Kerry McCarthy
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I have lots!

Seema Kennedy Portrait Seema Kennedy
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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.