Oral Answers to Questions

Caroline Nokes Excerpts

Monday 3rd December 2018 Commons Chamber

[Antoinette Sandbach (Eddisbury) (Con)]

12. What support he is providing to EU citizens applying to the EU settlement scheme.

[The Minister for Immigration (Caroline Nokes)]

The Home Office is putting in place a range of support for EU citizens applying to the EU settlement scheme, particularly for those who are most vulnerable. This includes assisted digital support for those unable to make online applications, a new customer contact centre and indirect support to be provided through organisations such as community groups and charities.

[Stephen Kerr]

I am of course pleased that the Minister has made clear the Government’s commitment to European Union citizens living here, particularly because there are parties in this House who have spread fear and alarm among EU citizens by questioning the Government’s commitment to their status. Does the Minister agree that those Members who spread fear and alarm should set the record straight and reassure those in our communities who are from the EU that their rights are guaranteed?

[Caroline Nokes]

My hon. Friend is right to point out the importance of sending a message of reassurance to EU citizens living here not only that they can stay but that we want them to stay and are taking steps through our settled status scheme to enable them to do so through a straightforward online digital process. I am sure my hon. Friend will welcome the fact that 95% of the people who have been through the first phase of beta testing of the settled status scheme found it very straightforward to use.

[Antoinette Sandbach]

Some EU countries, including the Netherlands, have restrictions on holding dual nationality, which is leading to some Dutch citizens here having to choose between a UK or Dutch passport. What can the Minister do to reassure the Dutch diaspora in the UK that Brexit will not have an impact on their rights? Is she reaching out to her European counterparts to see what progress can be made in persuading other member states to loosen their restrictions?

[Caroline Nokes]

The UK allows individuals to hold other nationalities alongside their British citizenship, and those with dual nationality already have the right of abode here and do not need to do anything. EU citizens do not need to obtain British citizenship to protect their status and can remain here indefinitely by applying to the settled status scheme, so there is no need for them to relinquish their current nationality. However, my hon. Friend makes a good point about reaching out to other EU member states. It is important that we continue that work, because they are vital partners when it comes to spreading the message to the diaspora communities about their right to stay.

[Kate Green (Stretford and Urmston) (Lab)]

The Roma are still among the most marginalised EU citizens in this country. Will the Minister say what special steps the Government are taking to reach out to Roma support groups to encourage their citizens to apply for settled status and to support those who have digital or English-language difficulties?

[Caroline Nokes]

In October, we announced £9 million of grant funding to charities and other organisations so that they may assist people, particularly those in vulnerable groups, through the process of applying for settled status in this country. We want to ensure that the maximum number of people apply and that those requiring the most support can access it easily via assisted digital services or, in exceptional cases, face-to-face support. It is important that we acknowledge that many groups may face challenges, which is why the Government have made £9 million available to help.

[John Cryer (Leyton and Wanstead) (Lab)]

Given the likely large number of applicants, has the Minister considered allocating specific funding to Citizens Advice?

[Caroline Nokes]

As I mentioned in my previous answer, we are providing up to £9 million of grant funding, which will be made available to civil society organisations to mobilise services targeted at vulnerable EU citizens. We already work with a group of organisations, including local councils, to help them to help their residents, but the scheme will be open to applications from bodies exactly like Citizens Advice, and I hope that many such organisations will be prepared to play their part in helping citizens.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

This country benefits enormously from the one million Poles who have settled on our island. Will the Minister assure me that she will do everything possible to engage with the Polish community in London? Perhaps she will join me at one of the Polish clubs, such as Ognisko or POSK, to take the message directly to the citizens?

[Caroline Nokes]

Interestingly, one of my first meetings after becoming Immigration Minister was with the Polish ambassador. We recognise that many Polish citizens live in this country, and working through the embassy and with the diaspora community is one of the best ways of reaching out to them. I would be delighted to take up my hon. Friend’s invitation and shall very much look forward to it.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Statistics from the British Medical Association suggest that nearly four in 10 NHS doctors from the EU are blissfully unaware of the Government’s settled status scheme. Does the Department not need drastically to up its game in raising awareness and ensuring that as many of those who need to apply do apply?

[Caroline Nokes]

We are already piloting the settled status scheme, and we have established a significant database of EU nationals with whom we correspond regularly via email through Home Office communications channels. Employers also have an enormous role to play. The hon. Gentleman highlights people working in the NHS, so I am delighted to inform him that NHS trusts are reaching out to their employees and working hand in hand with us through the second phase of piloting the settled status scheme.

[Conor McGinn (St Helens North) (Lab)]

4. What assessment he has made of the implications for his policies of the November 2018 Office for National Statistics report on domestic abuse in England and Wales.

--- Later in debate ---

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

T7. The Home Secretary has rightly commended those employers planning to reimburse EU employees for the cost of their settled status applications, but has he persuaded the Chancellor that taxing such payments would be counterproductive and utterly unfair?

[The Minister for Immigration (Caroline Nokes)]

I thank the hon. Gentleman for his question, which I know he raised at the Home Affairs Committee last week and again with me in Westminster Hall last week. Both the Home Secretary and I have undertaken to raise that with the Chancellor, who is obviously, as the hon. Gentleman will have noticed, on the Front Bench this afternoon.

[Will Quince (Colchester) (Con)]

Last month, I attended the Centre for Action on Rape and Abuse “Reclaim the Night” march in Colchester, along with hundreds of my constituents, in protest against sexual violence against women. What steps is my right hon. Friend taking to ensure that the police have the resources they need both to prevent these crimes and to bring those who commit these horrific offences to justice?

--- Later in debate ---

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

The Home Office asylum guidance for Afghan Sikhs is in desperate need of updating. I genuinely fear for the life of Afghan Sikhs sent back to Afghanistan because of the dangerous situation facing the Sikh community there. I am sure that the Minister is aware of the murder of 12 Sikh leaders only this July. Will she please meet me and Afghan Sikh representatives to discuss updating the Home Office guidance?

[Caroline Nokes]

I thank the hon. Lady for the question. She makes a really important point, particularly in the light of the murder of 12 Afghan Sikhs back in the summer. I would of course be delighted to meet her, and will make sure that my office makes the necessary arrangements.

[Owen Smith (Pontypridd) (Lab)]

Will the Home Secretary intervene personally in the case of my constituent Mariya Kingston, who has been in dispute with the Home Office for two years? Her mother died on Friday, and she would like to attend the funeral in Uzbekistan. Will the Home Secretary please facilitate that?

EU Settled Status Scheme

Caroline Nokes Excerpts

Tuesday 27th November 2018 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

It is a pleasure as ever to serve under your Chairmanship, Mr Hollobone. I add my congratulations to those of other hon. Members to my hon. Friend the Member for Boston and Skegness (Matt Warman) on having secured this important debate on the EU exit settlement scheme. My hon. Friend has raised this with me previously in the House, and I recognise his particular constituency interest, with the population of Boston and Skegness having increased by one third.

I would like to thank Members from both sides for their contributions to the discussion today and to put firmly on the record how much work has gone into the EU settlement scheme. It is a good news story that the scheme is open for private beta testing well ahead of EU exit day.

EU citizens make a huge contribution to our economy and communities. It is not just that they can stay, but that we want them to stay. Since the 2016 referendum, there has been a great focus by the Home Office on securing citizens’ rights and delivering the scheme so that EU citizens can obtain their UK immigration status quickly and easily.

Members will know that in December 2017 we reached a deal with the EU on citizens’ rights. In March 2018 we agreed to extend that deal to those who arrive during the planned implementation period, which will run until 31 December 2020. The full legal text of the draft withdrawal agreement, published on 14 November, secures the rights of more than 3 million EU citizens living in the UK and around 1 million UK nationals living in the EU.

The scheme we have been discussing today enables those who are resident in the UK before the end of the planned implementation period to obtain UK immigration status in a straightforward process. Anyone who already has five years’ continuous residence in the UK when they apply under the scheme will be eligible immediately for settled status. Those who have not yet reached five years’ continuous residence will be eligible for pre-settled status and will be able to apply for settled status when they reach the five-year point.

The scheme is a simple and streamlined application process, which draws on existing Government data and processes to minimise the burden on applicants. Caseworkers will be looking for reasons to grant, not for reasons to refuse. We expect the great majority of the 3.4 million currently resident EU citizens who will be eligible to apply to do so and to be granted status. They will have plenty of time to apply before the deadline of 30 June 2021.

I would like to give some feedback on the first pilot of the private beta testing phase that we ran in the north-west of England, which has now finished, with excellent feedback from participants. Some 1,053 applications were received, with a decision now granted in 1,046 cases, which were dispatched by 19 November.

[Matt Rodda]

I appreciate the Minister’s comments about the testing phase. Will she agree to meet me and a selection of constituents with EU nationality who have concerns about the scheme, as part of the feedback?

[Caroline Nokes]

I thank the hon. Gentleman for that question. Throughout my time as Immigration Minister, I have always been pleased to meet as many interest groups as possible, so I will be delighted to meet him and some of his constituents. I would like to reassure him that I also have a constituency in the south-east of England and regularly meet my own constituents, who raise their concerns with me, and understandably so. Since the referendum, it has been a time of uncertainty and upheaval for some people, and it is important that the Government make ourselves as accessible as possible, so that we can give a reassuring message to our residents.

[Drew Hendry]

I hear what the Minister says about making the message as encouraging as possible, but does she agree that when language is used, either deliberately or lazily, saying that EU nationals are “jumping the queue”, it sets back that objective quite considerably?

[Caroline Nokes]

The hon. Gentleman will be aware that we are moving forward shortly with a new immigration system. Sometimes it can be very frustrating in the Chamber, because we end up on time limits and with either the Chair of a debate or the Speaker urging us not to take up too much time, but I am always very conscious in the language that I use that we must be welcoming, careful and tolerant. Immigration is an emotive and difficult subject, and I always regret it when my time limit means that I speak in what I refer to as tabloid headlines, which I never welcome. It is important that we set out in due course—hopefully very shortly—our future immigration system, which will certainly be based on skills that people can bring to the UK. That is our position going forward.

As I was saying on the update of the private beta testing phase 1, the average time taken to reach decisions was just under nine calendar days, and the fastest decision was made within three days. All applicants successfully proved their identity and, as my hon. Friend the Member for Boston and Skegness said, around 94 per cent of those who provided customer feedback found the application process easy to complete.

The second pilot began on 1 November and will test the online application as an integrated, end-to-end process. It will significantly scale up the testing, with EU citizens working in the higher education, health and social care sectors across the whole UK, who make such a huge contribution, being able to apply. I would like to thank them and their employers for assisting us in this way. This phase will also enable us to consider the support that some vulnerable applicants may need. The Government have already announced grant funding of up to £9 million to enable voluntary and community sector organisations across the UK to provide such support.

We are also using the remaining months before exit to scale up our communications and outreach. Millions of people have already seen Government advertising encouraging them to visit gov.uk for easy-to-understand information, and there will be a comprehensive set of communications materials next year. As I have travelled the country over the past few months and met EU citizens, I have been pleased to hear that they have already received communications, and many are confident about the settlement scheme’s progress.

My hon. Friend raised a series of questions, all of them important ones that he is absolutely right to raise. We continue to work with Apple to deliver the identity verification functionality that is currently available only on Android. He may be aware that my right hon. Friend the Home Secretary was in America only recently, and I am conscious that this is an issue that he continually raises at the highest level.

The £9 million grant funding to those groups helping vulnerable people is incredibly important, and my hon. Friend the Member for Boston and Skegness asked how, specifically, it was to be spent. On 25 October we announced the grant funding to enable voluntary and community organisations across the UK to support EU citizens who need additional help to apply. We have been working really closely with charities and community organisations representing the needs of vulnerable EU citizens. These grants will help them to inform vulnerable individuals about the need for status and to give practical support in enabling them to complete their applications.

I visited the Barbican library some months ago to look at the Assisted Digital service, and I was impressed with the commitment of people there to ensure that individuals were getting the support they needed. We currently have a pilot running with five local authorities, including Kent and Lincolnshire county councils, Sheffield City Council and Waltham Forest and Haringey borough councils. We are also working with seven non-governmental organisations, including the Cardinal Hume Centre, St Vincent de Paul, the East European Resource Centre, Coram, Rights of Women and various other groups. Our aim is to ensure that grants are awarded across the UK to communities where support is most needed and where organisations are able to provide it. The lots are specifically designed so that a diverse range of organisations are able to apply; eligible organisations can be charities, non-profit organisations, community groups or religious organisations.

The second phase of testing will finish on 21 December, which will enable us to have, in technical terms, a fire break between phase 2 and a further phase of testing, which will occur in the new year. Self-employed people can prove their residence via our automatic data matching at Her Majesty’s Revenue and Customs, and family members will be able to use a range of evidence not necessarily linked to employment to prove their residence.

My hon. Friend and, I believe, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), who spoke for the Scottish National party, raised the matter of fee waivers and the cost of applying. This matter was raised with me in the House, specifically in relation to victims of human trafficking, by the hon. Member for Birmingham, Yardley (Jess Phillips). She made, as indeed my hon. Friend the Member for Boston and Skegness has made, an important point. I undertook then to look at the specific issue of those who had been victims of human trafficking, and I would like to reassure hon. Members that it is a point well made and something I am looking at very closely.

However, having agreed the level of fees with the European Union, we believe that our approach is reasonable, proportionate and fair to all EU citizens, and application is free of charge for those who hold valid permanent residence documentation or indefinite leave to remain, and for children looked after by local authorities.

[Drew Hendry]

I am grateful to the Minister for giving way a second time; she is very generous. She is highlighting the fact that the scheme, or elements of it, has been agreed with the European Union. Can she give a cast-iron guarantee that all the measures she is talking about will be in place, regardless of the outcome of the meaningful vote and what happens after this place has decided on the deal brought forward by the Prime Minister?

[Caroline Nokes]

It is important that we give reassurance to EU citizens living here. As the former Secretary of State for Exiting the EU, my right hon. Friend the Member for Esher and Walton (Dominic Raab), made very clear, I believe, in one of his Select Committee appearances, this is a solid commitment to EU citizens, who we want to stay. I think one hon. Member might have raised the spectre of this, but we are certainly not going to remove EU citizens.

Moving on to some of the comments that hon. Members have made, the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) spoke about employers. That is an important point. I was pleased to be at the launch of the employers’ toolkit that we have been making available to employers since much earlier in the summer, which was designed hand in hand with employers. I am conscious that they play a significant role in communicating to their employees how the scheme will work. We are already working with specific employers, NHS trusts and now universities as part of the testing phase. The toolkit has been welcomed and is useful, and it is designed to enable employers to help their employees through the process.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East raised a number of points. I want to focus on a productive meeting that I had yesterday with the Scottish Government Minister for Europe, Migration and International Development, as part of a series of meetings I have undertaken to have specifically with him, but also with representatives of the Welsh Government and local government. It is important that we engage widely both with parts of the United Kingdom and with local authorities where there is a significant impact. We know that when people feel uneasy at times, they are likely to turn to local government or the devolved Administrations for support.

The Scottish Minister raised with me, as indeed he did in the summer, the question of fees and the undertaking by the Scottish Government to pay the fees for those working in certain sectors and perhaps for their own employees. He and I discussed yesterday the issue of taxation, and I undertook to raise that matter with the Treasury. I understand, and I hope I am correct in this, that my right hon. Friend the Home Secretary made the same undertaking to the Home Affairs Committee this afternoon.

The hon. Gentleman also specifically raised those who exercise rights as carers as Zambrano, Chen, Ibrahim or Teixeira cases. We have indicated that those resident as Zambrano cases are not protected by the draft withdrawal agreement, but we have decided as a matter of domestic policy to protect them. We consider that their current rights do not lead to a right of permanent residence under EU law, but a new UK status will be made available to them, as it will be for Chen, Ibrahim and Teixeira cases.

The hon. Gentleman also raised the issue of landlords. I was very pleased, as Immigration Minister, to reconvene the landlords panel, which I co-chair with Lord Best. We met recently and, with a group of representatives of landlord organisations, went through the digital right-to-work check, which we will mirror for landlords with a digital right-to-rent check. It is a straightforward process, and the landlord representatives present were impressed with the way the right-to-work check already works. We will roll that out for landlords to make their checks as easy as possible.

The test phases majored on by some Members are exactly that—tests. It is very important that we make sure the scheme works as it is rolled out. We started deliberately in a very small and controlled way, and have expanded it significantly in phase 2. As my hon. Friend the Member for Boston and Skegness mentioned, it will be expanded much more widely in the second part of phase 2 testing. We expected there to be bugs and to need to make technical fixes. That was part of the reason for testing.

[Afzal Khan]

I asked the Minister many questions, many of which have not been answered. Will she undertake to get those answers to me? She also mentioned the discussions taking place on Apple phones. Is she able to enlighten us on how long those discussions will carry on? Is she aware of the face recognition difficulties with Android phones that I mentioned?

[Caroline Nokes]

As I indicated just a moment ago, we are conscious that there have been several technical bugs. A good example was the system not recognising hyphenated surnames, which we were able to fix in phase 1 of the scheme. Some additional technical issues have been flagged up in phase 2, and we are working extensively to overcome them. I will not give a timeline for the resolution of the challenges with Apple phones, suffice it to say that a really constructive discussion is ongoing. My right hon. Friend the Home Secretary is a very persuasive man, and I am sure that we will reach a resolution as soon as possible.

[Stuart C. McDonald]

The Minister has made a lot of helpful comments in response to some of our questions. Two remain, but I do not know if she can answer them today. First, will she simply clarify why there is a discrepancy between the statement of intent and the immigration rules in relation to the non-exercise of EU rights being a ground for refusal? Secondly, will she revisit why we have to have this severe cut-off point? What will happen to people who do not apply in time before the end of the scheme?

[Caroline Nokes]

We have indicated that there will be a proportionate approach to those who do not apply in time, which I am very conscious could be for very good reason, such as ill health. It is important that we do not penalise people who have every right to be here. We are determined to be as welcoming as possible. We are working to make sure that we articulate that properly, not only through our communications but through the immigration rules.

I thank hon. Members for their contributions. I reassure hon. Members that at no point throughout this process have we underestimated the challenge of granting immigration status to more than 3 million people. However, we have made a strong start, and we have everything in place to make this whole process a success.

Immigration

Caroline Nokes Excerpts

Thursday 22nd November 2018 Written Statements

[The Minister for Immigration (Caroline Nokes)]

I am today publishing a review of applications by tier 1 (general) migrants refused under paragraph 322(5) of the immigration rules.

The review responds to claims that hundreds of highly skilled workers—who entered the UK under this now closed route—were facing removal due to making minor errors in their tax returns.

Our review has examined 1,697 applications refused since January 2015. The discrepancies between the earnings declared to the Home Office and those shown by their tax records were over £10,000 in 88% of cases (1,490). The pattern of behaviour in amending tax records, often close to making a further Home Office application, was sufficiently unusual for HM Revenue and Customs to draw it to the Home Office’s attention.

Applicants were given the opportunity to explain these discrepancies. In many cases, having taken all the evidence and applicants’ explanations into account, we were not satisfied that these were minor tax errors as claimed, but attempts to misrepresent self-employed earnings, most likely for the purposes of obtaining leave or settlement in the UK.

Where the explanation given was not, in our view, satisfactory, applications were refused under paragraph 322(5). There has been some criticism that the use of this rule has been disproportionate. I want to be clear that we are not claiming these applicants are a threat to national security. Refusal under this rule covers a wide range of character and conduct issues and its use is appropriate in these types of cases where the evidence supports it (a point that the courts and tribunals have acknowledged).

The review has looked at litigation outcomes in both statutory appeals and judicial reviews. The picture here is mixed. Some courts and tribunals have accepted applicants’ explanations for discrepancies that the Home Office had previously rejected. Others, faced with broadly similar arguments, often around the role of applicants’ accountants, have supported the Home Office’s position. We look forward to the Court of Appeal providing clarity on some of these issues in upcoming hearings early next year and will consider in the light of these further rulings.

Aside from cases which have been allowed by the courts and tribunals, the review has identified 12 decisions which we intend to overturn, and a further 19 cases where we will seek more information from applicants before reconsidering their cases. The Home Office will contact each of the 31 individuals concerned to resolve their cases by the end of December. Errors of this kind are always regrettable, and I do not seek to minimise the impact that the error may have had on the individuals concerned. I will also ensure that the findings in this small minority of cases are used to inform our future decision making, to ensure that similar errors are not repeated.

Skilled migrants make an important contribution to our economic wellbeing and our society. The Government recognise the need to attract and retain them, and our immigration system will continue to do so. However, it is important that people play by the rules to preserve the integrity of the immigration system.

I will arrange for a copy of the review and accompanying guidance to be placed in the Library of the House and for them to be made available on gov.uk.

[HCWS1102]

UK Entry Visas

Caroline Nokes Excerpts

Monday 19th November 2018 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

I congratulate the hon. Member for Glasgow North (Patrick Grady) on securing this debate on UK entry visas.

We all know that the United Kingdom is an attractive destination for legitimate travel, and the Government are determined that it stay that way. We want people to come here on holiday, to do business, to visit family, and our immigration system contributes to the prosperity of the UK. We are also keen to ensure that the UK continues to attract the world’s brightest, most talented and most innovative people once we leave the EU. We will continue to be a global, outward-looking nation that is home to the best talent in the world, and our immigration system is fundamental to delivering that ambition. For example, the UK is a global leader in attracting international students, and our student offer is already one of the best on the global market.

That said, we recognise the need for an adaptive immigration system to meet the UK’s needs as we leave the EU. As such, we are designing a future borders and immigration system that will incorporate recommendations made by the Migration Advisory Committee, and we plan to publish further details in the autumn. The Government also have a duty to keep citizens safe and the country secure, and our visa requirements are one of the effective means we have in this regard. They are a valuable tool for the UK in reducing illegal immigration, tackling organised crime, protecting national security and safeguarding vulnerable people.

[Martin Docherty-Hughes]

On the point about safeguarding, how many nuns, monks and priests have absconded in the last 18 months?

[Caroline Nokes]

I am sure it will not surprise the hon. Gentleman to learn that I do not have those precise figures to hand, but the Home Office is working closely, and will continue to work closely, with the all-party group led by my right hon. Friend the Member for Meriden (Dame Caroline Spelman) on this precise subject, because it has raised concern across the House.

Everyone entering the UK has to meet the same set of entry clearance requirements. Some nationals of non-EEA countries need a visa to come to the UK; others must demonstrate that they meet our entry clearance requirements on arrival at the border. All applications are assessed on a case-by-case basis, according to their individual merits and against the part of the immigration rules that relates to why someone is coming to the UK. Many categories of temporary migration, such as students or those coming to work in the UK, are required to obtain an entry clearance before coming, regardless of their nationality. This allows assessments to be made before someone travels.

I am committed to ensuring that the UK visa service is high performing, customer focused and continually improving, in terms of both products available and the route for application, and there is always room to improve as we respond to evolving demands and requirements, harness new technology and reflect customer experiences and needs. Globally, our international network of over 300 visa application centres manages applications from customers from over 200 countries. In the year to June 2018, 2.7 million visas were issued, and 96% of non-settlement applications were processed within 15 days.

The UK offers a priority visa service that sees applications normally processed within five days in nearly 200 locations. The UK is also the only country to offer a 24-hour service in China and a same-day service in India. Access UK, a new online application service, has been successfully rolled out to visit visa customers in over 200 countries and 19 different languages. This new system means a faster, more streamlined and increasingly automated application process for customers.

The hon. Member for Glasgow North mentioned the creative industries. Of course, that sector is a major cultural and economic success story for the UK. It is a high-value, high-growth sector worth £91.8 billion to the UK economy in 2016. The Government as a whole are committed to supporting and promoting a thriving live music industry and ensuring the continued growth of a vital and vibrant sector. I can reassure the hon. Gentleman that the UK continues to welcome artists and musicians who come here to perform. They make an important contribution to our creative sector, which is a major cultural and economic success story. The Home Office is working with the sector and with the Department for Digital, Culture, Media and Sport to better understand the needs of the creative industries, clarify visa requirements, and ensure that processes are as smooth as possible.

[Deidre Brock]

Does the Minister accept the reports from cultural festival organisers across the UK that obtaining visitor visas has been increasingly difficult in the last few years?

[Caroline Nokes]

I am aware of that, and I am certainly aware of some of the challenges that have faced a number of cultural festivals, especially during the summer. Although this was not mentioned by the hon. Member for Strangford (Jim Shannon), performers arriving from Ireland were particularly affected. We are continuing to review the existing operation and legislation to ensure that the tier 5 route is implemented for, in particular, those who come here to work in the creative industries. Across Government, we are working with the sector to understand the concerns and address them accordingly. In response to its feedback, work is under way to identify an acceptable approach to the tier 5 concession route.

The hon. Gentleman mentioned his chairmanship of the all-party parliamentary group on Malawi, and his work with that country. I recently accepted an invitation from the Africa all-party parliamentary group to attend a meeting that it is hosting, I think, next month. Today I received another invitation, from the hon. Member for Ealing, Southall (Mr Sharma), who was particularly keen for me to meet representatives of various gurdwaras in his constituency. I recognise the need for me, as Immigration Minister, to engage with APPGs, and I am always happy to do so.

I can reassure the hon. Gentleman that the visa application centre in Lilongwe is open five days a week. We offer a priority visa service, with a five to seven-day turnaround time for applications. We also offer an on-demand mobile service. Visa application centre staff travel to the customer’s chosen location to accept applications and assist with the process. In the year ending in June 2018, there were 2,515 decisions on applications from Malawian nationals, and 78%, or 1,963, were accepted. Most of the visas granted were for visitors or students, but our latest online performance statistics show that 98% of visitor and student visas are issued within 15 days.

[Patrick Grady]

As I said earlier, I will send the Minister some of the documents and evidence that have been produced by the Scotland Malawi Partnership, not least the denial form which contains the words “Reason for denial—insert reason here”. Even when reasons are approved, that often happens very late in the application process, sometimes after the flights on which people have been booked have departed. The Minister needs to look into that a little bit more.

[Caroline Nokes]

I look forward to receiving the information from the hon. Gentleman, but, as I have said, our statistics show that most visas are being granted within 15 days.

The hon. Gentleman also referred to scientists and academics being refused entry to the UK. Of course we welcome the brightest and the best, allow academics on exchange programmes to come to the UK as visitors, and welcome them to conferences. However, they must meet the requirements of the immigration rules, which apply to all visitors to the UK. Applications for visitor visas, or for entry as a visitor, are considered on their merits regardless of the nationality of the applicant. Among the points on which applicants must satisfy the decision-maker is that they are genuine visitors who will leave at the end of their visit, and will not make the UK their main home through frequent or successive visits—for instance, that they have family, work or study ties in their home country. They must also be able to show that they are able to support and maintain themselves during their visit.

[Carol Monaghan]

Some of the academics who are being refused visas have visited the UK many times in the past, and only now are their visas being refused for what are really trivial reasons. Does the Minister accept that, as many academics are now saying, massive reputational damage has been done to the UK’s academic sector by this visa regime?

[Caroline Nokes]

As I have said, it is important that we assess each application on its own merits and on the information provided by individual applicants. It is important that we enable academics to come here, but it is also important that applications be completed in a timely manner and with all the information that we have requested.

The hon. Member for Glasgow North mentioned the future for visitors from the European Union and the reciprocal arrangements for UK travellers going to the EU. On 13 November, the European Commission published a proposal to grant UK citizens visa-free travel to the EU after the UK’s withdrawal. This is conditional on the UK also granting reciprocal and non-discriminatory visa-free travel for all EU member states. We welcome the Commission’s proposal, which reflects the future relationship that we want to have with the rest of the EU. In our proposals, we have made it clear that we want to ensure reciprocal measures with the EU on visa-free travel for tourists and short-term business visitors.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Will the Minister give way?

[Caroline Nokes]

No, I have given way several times this evening.

In conclusion, let me reassure hon. Members that the Government are absolutely committed to ensuring that we have a visa system that balances protecting our borders and national security with ensuring that people are welcome and are able to visit, to study and to work in areas where we need their skills. As we leave the EU, we will remain an open and tolerant country that recognises the valuable contribution migrants make to our society and that welcomes those with the skills and expertise to make our nation better still. We will control immigration so that we continue to attract the most talented to work or study in Britain while managing the process properly so that our immigration system serves the national interest. We are carefully considering a range of options for the future immigration system and will set out proposals very shortly. We will want to ensure that any decisions on our long-term arrangements are based on evidence and on engagement.

Question put and agreed to.

Draft Immigration (Health Charge) (Amendment) Order 2018

Caroline Nokes Excerpts

Tuesday 13th November 2018 General Committees

[The Chair]

I hope that the Committee will forgive me if I conduct proceedings unusually from a sedentary position. I have a dodgy leg, and standing up is hard work. I hope that will be all right.

[The Minister for Immigration (Caroline Nokes)]

I beg to move,

That the Committee has considered the draft Immigration (Health Charge) (Amendment) Order 2018.

It is a pleasure to serve under your chairmanship, Mr Gray, and I hope that the leg is making a good recovery.

We all rely on the national health service for a range of help and support, often at the most difficult times in our lives. Our NHS is always there when we need it. We believe it is right that long-term temporary migrants make a fair contribution to the NHS’s sustainability, as they will not have built up the same contributions as permanent residents. That is why we introduced the immigration health surcharge in April 2015.

The charge is paid by non-European Economic Area temporary migrants who apply for a visa for more than six months or to extend their stay in the UK for a further limited period. It is paid up front, as part of the immigration application process, and is separate from the visa fee. The charge should not be conflated with NHS charging regulations, which form part of health legislation and apply to tourists and illegal migrants, who may be directly charged for the cost of their hospital treatment. Those who pay the charge may use the comprehensive range of NHS services without further charge for the duration of their valid leave, subject to a few exceptions: they are charged for assisted conception services in England and must also pay the charges that a UK resident would pay, such as those for prescriptions in England. From the point of arrival in the UK, a charge payer can enjoy the same access to the NHS as a permanent resident. They can make full use of NHS services without incurring hospital treatment charges and without having made any tax or national insurance contributions in the UK.

The charge is currently set at £200 per year, with students and youth mobility scheme applicants enjoying a discounted rate of £150. To date, the charge has raised more than £600 million for the NHS. Income is shared between the health administrations in England, Scotland, Wales and Northern Ireland, using the formula devised by Lord Barnett. The charge rate has not increased since its introduction in 2015. The draft order amends schedule 1 to the Immigration (Health Charge) Order 2015, to double the amount of the charge across all routes. Students, dependants of students and youth mobility scheme applicants will continue to pay a discounted rate, and this will rise to £300 per person. The annual amount in respect of all other relevant categories of application will rise to £400 per person. The order also makes a minor clarifying change to the principal order, to set out the exchange rate that the Home Office applies when the charge is paid in a currency other than sterling.

The Government recognise the valuable contribution that migrants make to this country. International students enhance our educational institutions financially and culturally, enrich the experience of domestic students, and may become important ambassadors for the United Kingdom in later life. However, faced with increasing demands on health services, we must ensure that migrants make a fair and proportionate contribution to the NHS. There is a balance to be struck, one that is fair to migrants and to the UK taxpayer and that helps to ensure the long-term sustainability of the NHS while maintaining the UK’s position as an attractive destination for global talent.

The Department of Health and Social Care has reviewed the cost to the NHS of treating charge payers in England, and it estimates that the NHS spends an average of £470 per person per year in respect of those who pay the charge. The new level of the charge will, therefore, better reflect the cost to the NHS of treating those who pay it. In recognition of the important contributions that migrants make to this country, the charge will remain below the average cost recovery level and continue to represent good value compared with health insurance requirements in comparable countries.

[Teresa Pearce (Erith and Thamesmead) (Lab)]

Currently the price of a child application for leave to remain is well over £1,000. The Home Office has said that the cost is about £372, so it already makes £600 on each application. Is it fair, therefore, to increase the cost of the health surcharge for children?

[Caroline Nokes]

As the hon. Lady pointed out, children do use the NHS, and we know from the information we have that they are particularly high users of its services. The immigration health surcharge is transferred to the NHS in its entirety, so this is not about the Home Office making a charge. It is about the Home Office implementing a levy for the NHS that enables it to provide ongoing services to those who use it, and provides fairness, both for migrants who will use more than £400-worth of services and for the UK taxpayer.

The new level of the charge will better reflect the cost to the NHS of treating those who pay it. In recognition of the important contribution that migrants make, the charge remains below the average cost recovery level, and the Government’s proposal to double it is consistent with the direction of travel set out in our general election manifesto. The proposed increase is based on the Department of Health and Social Care’s closer analysis of the cost that charge payers present to the NHS, analysis that was not previously available. The exemptions for vulnerable groups set out in the 2015 order will remain, and the charge will continue to be waived if a person’s application fee is waived on destitution grounds.

I am sure there will be questions about the future application of the charge to EEA nationals. The Government are clear that any EU citizen who is resident in the UK before we leave the European Union in March 2019 will not pay the charge, and we have committed to publishing a White Paper on the future immigration system later in the autumn. The charge is being considered as part of that process, and of ongoing negotiations.

The Government believe it is fair that temporary migrants make a financial contribution to the comprehensive and high-quality range of NHS services available to them during their stay. By increasing the charge, we estimate that a further £220 million a year could be raised to support the NHS, helping to protect and sustain this country’s world-class healthcare system for everyone who uses it. In England alone, the additional contribution could fund roughly 2,000 doctors or 4,000 nurses. The new rate compares favourably with private health insurance requirements in other countries, and we believe it continues to represent a good deal for migrants, given the extensive range of NHS services they may use during their time in the UK. I commend the order to the Committee.

--- Later in debate ---

[Caroline Nokes]

I am grateful for hon. Members’ contributions to the debate and should like to address some of the points raised. The hon. Member for Manchester, Gorton commented on the concerns about the combined cost of the charge and visa fees, and I am conscious of those, but the charge is set at a competitive level and will remain low compared with the potential benefits—free access to the NHS, including GP care and accident and emergency care, as well as routine scheduled healthcare. It offers far better value than private medical insurance, where premiums are much more expensive. If we consider the international comparison, in Australia, for example, the annual price of an insurance policy would be in the region of £302 per year for a student, but if it was for a student and a partner, that might increase to somewhere in the region of the equivalent of £1,700.

As I said, the Department of Health and Social Care studied very closely the average cost of treatment to migrants and that transpired to be in the region of £470 each per year. The Government are clear that migrants must pay the charge when they make an application and should plan their finances accordingly. Both the cost of the health charge and the application fee are available online and are very clear. Those in a vulnerable situation are protected. Immigration application fee waivers are available on specified human rights routes, where a migrant is exercising the right to remain in the UK based on family but is destitute or would be rendered destitute by payment of the immigration application fee.

[Stuart C. McDonald]

When I speak to people practising immigration law who are dealing with clients in this position, they say that it is virtually impossible to get a fee waiver. In fact, as I understand it, fewer than 8% of children are successful in obtaining one. That leaves them, as I said earlier, facing a charge of more than £10,000 as they go on the long route to settlement. Surely the Minister cannot be comfortable with that.

[Caroline Nokes]

As the shadow Minister highlighted earlier, we keep our fees and charges under review, but at £400 per year, the fee is less than the average amount that the NHS spends on treating migrants. That is why the Government regard it as being fair. We know that children are higher users of national health services than their parents.

I am aware that there have been calls for NHS professionals to be exempt from the charge. The Government fully recognise the important contribution that international healthcare professionals make to the UK, but it is only right that they also make a proportionate contribution to the long-term sustainability of the NHS. In that regard, NHS professionals are in the same position as other providers of essential public services, including teachers.

I recognise that there are some concerns about the financial impact on nurses. However, the answer is not to exempt nurses from the charge but to increase their pay, and that is happening. All NHS nurses will benefit from a pay increase as set out in the Agenda for Change framework.

We are in the process of negotiating reciprocal healthcare arrangements with the European Union. We have reached an agreement with the EU on citizens’ rights that will protect those EU citizens and their family members who are resident in the UK by the end of the planned implementation period on 31 December 2020. That will provide the same entitlement to access public services and benefits, according to the same rules as now. In the unlikely event of no deal, the Prime Minister has already confirmed that all EU citizens resident here by 29 March 2019 will be welcome to stay.

The Government believe that it is right that migrants make a fair contribution to the extensive and high-quality range of NHS services available to them during their stay, in line with their temporary immigration status. On that basis, I commend the order to the Committee.

Question put.

Leaving the EU: Rights of EU Citizens

Caroline Nokes Excerpts

Monday 5th November 2018 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab) (Urgent Question)]

To ask the Secretary of State for the Home Department if he will make a statement on the arrangements for EU citizens in the event of no deal being agreed in the Article 50 negotiations.

[The Minister for Immigration (Caroline Nokes)]

While we are confident about agreeing a good deal for both sides, as a responsible Government we will continue to prepare for all scenarios, including the unlikely outcome that we leave the EU without any deal in March 2019. We have reached an agreement with the EU on citizens’ rights that will protect EU citizens and their family members who are resident in the UK until the end of the planned implementation period on 31 December 2020.

We are introducing the EU settlement scheme under UK immigration law for resident EU citizens and their family members covered by the draft withdrawal agreement. That will enable those who are resident in the UK before the end of the planned implementation period to confirm their status under the settlement scheme. Anyone who already has five years’ continuous residence in the UK when they apply under the scheme will be eligible to apply for settled status. Those who have not yet reached the point of five years’ continuous residence will be eligible to be granted pre-settled status, and will be able to apply for settled status once they have reached that point.

The Prime Minister has already confirmed that, in the unlikely event of no deal, all EU citizens who are resident here by 29 March 2019 will be welcome to stay. They are part of our community and part of our country, and we welcome the contribution that they make. Last week the Prime Minister extended that commitment to citizens of Norway, Iceland and Liechtenstein, and we are close to reaching an agreement with Switzerland. We will set out further details shortly, so that those affected can have the clarity and certainty that they need.

[Yvette Cooper]

Unfortunately, the Minister did not give us the clarity that we need. Nor did she clear up the confusion from last week, which I had hoped she would do, especially at a time when there is considerable concern for EU citizens, as well as practical concerns for employers about what arrangements will apply in April, May and June next year if no deal takes place.

I welcome the Government’s commitment to respect the rights of those currently living here, who will be able to stay and work as now, but I am still none the wiser about what checks will apply to those EU citizens in the event of no deal. The Minister and the Home Office officials suggested to us that there would be additional employer checks, and also that free movement would be turned off in March. However, the Home Secretary has told the media that in fact there will be a transition period, and that there will be no additional checks for employers if there is no deal.

Will the Minister tell us whether there will be additional employer checks on EU citizens immediately after no deal—yes or no? Will she confirm that EU citizens will not have to provide anything other than a passport or an identity card in order to be able to work? Will she also tell us whether that will then apply until the completion of the roll-out of the EU settlement scheme, which is due to be completed in June 2021? If not, what on earth are EU citizens supposed to provide as proof of their right to work before June 2021 if the settlement scheme has not been completed?

The Minister and the Home Office have now said that there is no way of differentiating between EU citizens arriving here for the first time and those who have been here for many years. Will the Minister confirm that newly arriving EU citizens will also not have to provide anything other than a passport or an ID card, and that they will continue to be able to work under the same arrangements, also until June 2021?

Those are basic questions that the Home Office really should be able to answer. If the facts are not as I have put them to the Minister, she should be able to tell us what the alternative facts are, what alternative information and proof EU citizens are supposed to provide, and what alternative questions employers are supposed to ask. The clock is ticking, and there are only five months left. Surely the Home Office has a grip of those basic questions.

[Caroline Nokes]

I thank the right hon. Lady for affording me the opportunity to clarify this point. Employers will of course continue to need to check passports or ID cards—as they do now for EU citizens, and indeed for British citizens, when making a new job offer. We will not be asking employers to differentiate even if there is no deal, and the right hon. Lady will of course be conscious that we are working hard to secure a deal. The Prime Minister has been very clear, as indeed has the Brexit Secretary, that we will honour our commitment to EU citizens and their family members, and more information will be set out in due course, with a specific statement on citizens from the Brexit Secretary, who of course wishes to make clear that people are incredibly important and should not simply be reliant on a technical notice.

[Justine Greening (Putney) (Con)]

My question is twofold. First, can the Minister give us the timelines under which she expects to be setting out further details? Secondly—this is important for London constituencies like mine, which have a high number of EU workers and businesses that rely on EU workers—can she confirm that this step will be taken in a spirit of understanding that recruitment will be made in good faith by employers and should the rules then be set in a different way to what they had anticipated, that will be borne in mind in relation to fines and any other action that can be currently taken against employers employing people illegally?

[Caroline Nokes]

My right hon. Friend is right to point out the high numbers of EU citizens in her constituency and indeed employers’ reliance upon them. That is why it is important that we have a reasonable and sensible transition period that gives us time to make sure that any new immigration system sets out the requirements very clearly so that there can be certainty for individuals, and indeed for employers.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

Is the Minister aware of the very real distress that this confusion over policy, which the Home Office had to correct, has caused to over 3.5 million EU citizens resident in this country—and not just to them, but to their families, dependents and employers? On a related matter, does the Minister remember her reply to a written question in June when she said that providing DNA evidence would be entirely voluntary? Yet the Home Secretary recently had to come before the House and correct that and apologise for the immigration and nationality department imposing mandatory DNA testing. So does the Minister accept that as we move towards leaving the EU this type of confusion over policy is simply not acceptable? It is not just the good faith of Government that she is calling into question, but it is people’s lives that we are playing with. Finally, does the Minister accept that it is simply not good enough to come before this House and talk about further information being provided in due course? There are five months to go and the clock is ticking, and we want no further confusions of this nature.

[Caroline Nokes]

The right hon. Lady will of course know that the full Alcock report is in the House of Commons Library and it sets out very clearly the information regarding the parliamentary question to which she has referred. She also referred to the 3.5 million citizens already in this country: the Prime Minister, the Home Secretary, the Brexit Secretary and indeed myself have been very clear that we want those people to stay, and by opening the EU settled status scheme, which we have done now in private beta testing phase 2, we are already putting in place steps that have enabled in the region of 1,000 people to confirm their status.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

It is very important that the Government are generous and treat properly everybody who has come here lawfully up until the day that we leave, but does my right hon. Friend agree that it is also extremely important that, once we have left, we take back control of our borders?

[Caroline Nokes]

My hon. Friend will have heard the Prime Minister’s very clear statements on this. As part of Brexit we will end free movement, giving us back control of our borders, which is what I believe people voted for in 2016 and which I know my hon. Friend wants.

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

Citizens need clarity, and many are here in Parliament today precisely because they have not had it—and, I regret to say, still do not have it. Unilateral guarantees are welcome, but do not provide a complete answer. Do the Government support a ring-fencing of the citizens’ rights provisions in the withdrawal agreement, so that they can be enforced under international law even after a no deal? Is that not the most obvious and best solution to pursue? Has that been discussed at all in negotiations so far? If not, would those unilateral rights be totally unprotected from unilateral change via the immigration rules, and how would pension rights be protected, and rights to access healthcare, or mutual recognition of professional qualifications? Finally, if there is a no-deal Brexit, will the scope and the rights set out for the settled status scheme be just as they are now, or would there be changes—for example, will those short of five years still be able to obtain pre-settled status, and how will people be able to challenge Home Office decisions?

--- Later in debate ---

[Caroline Nokes]

The hon. Gentleman is right. Citizens need clarity, and that is why this Government have set it out, not only in the citizens’ rights agreement but in the settled status scheme, which, as I have said, is now open in one of its private beta testing phases. Phase 1 went very well, and phase 2 is now under way. After a firebreak over Christmas, we will be opening it up in phase 3. To me, it is obvious that the best solution is to ensure that these rights are enshrined in UK immigration law, which is what we are going to do.

[Greg Hands (Chelsea and Fulham) (Con)]

My right hon. Friend will know that around one in seven of my constituents are EU nationals. That is possibly the highest proportion in the country. In my experience, most of them are very appreciative of the guarantees given by the Government so far. Nevertheless, most of them had no reasonable expectation that they would ever have to clarify their immigration status. Will my right hon. Friend make it clear that we will treat those cases sensitively and individually? I have quite a few cases involving people who have been here for perhaps 20 years and have strong roots in this country, but who have spent some time abroad during the past five years, for example.

[Caroline Nokes]

UK Visas and Immigration is already on-boarding significantly increased numbers of caseworkers for the European Economic Area casework that will flow through from the settled status scheme. It is important that individuals are given as easy a journey as possible through the process and, to date, 95% of those who have completed the settled status process have found it easy to do so. My right hon. Friend makes an important point, however. We want to be in a position to support individuals through the process, and to have a “computer says yes” attitude rather than a “computer says no” attitude. People will only have to demonstrate that they have been in the UK, which will in many cases be done best by sharing HMRC records with the Home Office.

[Hilary Benn (Leeds Central) (Lab)]

If the UK leaves the EU in March with no deal, and if, as the Minister has told the House this afternoon, employers will not be required to make any additional checks other than asking for an EU passport, she has in effect told the House that free movement will continue after we have left the European Union. Will she now address the question that the Chair of the Select Committee asked her: how long will that situation continue? To many of us, it seems that it will have to continue until such time as an application process for settled status is completed, because only at that point will an employer be able to distinguish between someone who has settled status and someone who arrived the previous day carrying an EU passport.

[Caroline Nokes]

As my right hon. Friend the Home Secretary indicated, we are seeking a sensible transition period that will enable the Home Office to ensure that these cases can be caseworked. The Prime Minister has been very clear that free movement will end—[Interruption.] We will in due course set out the future immigration system, which will enable there to be further clarity.

[John Redwood (Wokingham) (Con)]

Will the Government legislate, before our departure from the EU on 30 March, for a comprehensive system for immigration, migration and citizenship that is fair to all concerned? That is what we voted for. Does the Minister also understand that a lot of us will not be voting for a withdrawal agreement to pay £39 billion that we do not owe when we need to spend that money here at home?

[Caroline Nokes]

I thank my right hon. Friend for that question. As I have said, free movement will end, and over the next few weeks we will set out the parliamentary timetable for the immigration Bill.

[Liz Kendall (Leicester West) (Lab)]

How will free movement end at the end of March if EU citizens, including people arriving here after March, do not have to do anything different, other than produce their EU passport as they do now?

[Caroline Nokes]

The immigration Bill will be coming forward—[Interruption.]

[Mr Speaker]

Order. This is rather unseemly. Members must not harangue the Minister. She is addressing the House with great courtesy; let us hear her answer.

[Caroline Nokes]

Thank you, Mr Speaker. I think “unseemly” is a perfect description.

As I said, we will be bringing forward the parliamentary timetable for the immigration Bill shortly, and further details will be set out in due course, which I am sure will give the hon. Member for Cardiff South and Penarth (Stephen Doughty) satisfaction.

[Sir Desmond Swayne (New Forest West) (Con)]

What reciprocal announcements have been made by EU states following the Prime Minister’s generous offer in respect of leaving with no deal?

[Caroline Nokes]

My right hon. Friend and constituency neighbour makes an important point. At every opportunity, Ministers raise both with the EU and our counterparts in the EU27 the important factor of UK citizens lawfully residing in other EU member states. There is of course huge concern that we have made a generous offer to EU citizens, and let me be clear that we want them to stay here and that we regard them as part of our community. It is time for the EU to step up to the plate and say what it is doing for British citizens.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

How will the Minister tell an EU citizen wanting to come here in the next few years whether and when free movement of labour has finished?

[Caroline Nokes]

As I have said, the parliamentary timetable for the immigration Bill will be coming forward in the next few weeks. Our White Paper will set out the future skills-based immigration system, as the Prime Minister indicated at the recent Conservative party conference, which will be based on people’s ability and what they can offer to our country, not on where they come from.

[Mr Speaker]

I call the good doctor, Dr Julian Lewis.

[Dr Julian Lewis (New Forest East) (Con)]

Does the Minister share my surprise at recent press reports suggesting that EU citizens living in the United Kingdom after Brexit would be offered full voting rights in Westminster parliamentary elections? Will she confirm that that is not going to happen?

[Caroline Nokes]

I thank my right hon. Friend for that question. Deciding who can vote in UK elections is a Cabinet Office competence. EU citizens currently have the right to vote in local elections and that will prevail until there is a change in primary legislation. However, such matters are for future discussion and negotiation, and I cannot set them out today.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

Before I ask the Minister a question, Mr Speaker, I want to bring something to your attention. There are many EU citizens in Parliament today who were keen to hear this urgent question, but they are being told that the Gallery is full and that they cannot get in to watch proceedings. The Gallery is obviously not full, so I wanted to make you aware of that to see whether we can get a message to the Doorkeepers.

[Stephen Doughty]

Indeed, many of those EU citizens are here today because of the complete chaos and their worry about their futures, many of them having contributed to our society for decades. They are concerned about their immigration status, their right to work and their families here. Will the Minister admit that she gave incorrect evidence to the Home Affairs Committee the other day? Will she tell us how many EU citizens have already left the UK due to uncertainty around their status?

[Caroline Nokes]

The hon. Gentleman is clearly a huge box-office draw if there are people outside still wanting to get in. He makes an important point—[Interruption.] If the hon. Gentleman will allow me to continue, it is important to say, as set out by the Prime Minister, the Home Secretary and, indeed, the Secretary of State for Exiting the European Union in his appearance at the House of Lords EU Select Committee on 29 August, that we want EU citizens to stay. We have already started the process of enabling them to go through the settled status scheme, and in the region of 1,000 people have already been granted such status.

[Stephen Doughty]

How many have left?

[Caroline Nokes]

I am just coming to the second part of the hon. Gentleman’s question. We still know that more EU citizens are coming than leaving—[Interruption.] As the Minister for Health, my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay), just indicated, more EU citizens are working in the NHS today than at the time of referendum.

[Vicky Ford (Chelmsford) (Con)]

I thank the Minister for clarifying that EU citizens’ rights will be protected in the event of both a deal and no deal. Some people have made the UK their permanent home but have to come and go either for their job or because they have caring responsibilities. Will those people be cared for?

--- Later in debate ---

[Caroline Nokes]

My hon. Friend makes an important point. There will be individuals who come and go. Through the settled status scheme, we are seeking to give people every opportunity to evidence their time in the UK by working with other Departments to cross-reference HMRC or Department for Work and Pensions records, for example. It is important to make a scheme that is easy for people to go through and that encourages those EU citizens who have contributed so much to our country to stay here. We want them to stay.

[Catherine West (Hornsey and Wood Green) (Lab)]

What assessment has the Minister made of the commentary about the rights of the parents or elderly relatives on both sides of the equation? Will she give us her enlightened view on the next steps? Lots of people are very worried.

[Caroline Nokes]

The hon. Lady makes an important point, and the family reunion rights that have been set out in the withdrawal agreement are very important. We know that many EU citizens may have caring responsibilities or, indeed, children in a home country who might yet seek to come over. Those rights are enshrined in the offer we have made, and it is important that we continue to honour that offer and, indeed, work with those individuals so that they find going through the process as easy as possible.

[Bob Stewart (Beckenham) (Con)]

Will the European partners of British citizens have to apply for settled status?

[Caroline Nokes]

I wonder whether my hon. Friend should declare an interest. Of course, EU nationals who are living here will need to go through the settled status scheme to make sure they have access to pension rights and settled status rights, as I have set out. Of course it is important that anyone who has been here for five years can apply for settled status straightaway, and those who have been here for less than five years will be able to apply for pre-settled status and can then apply for settled status once they have been here for five years.

[Thangam Debbonaire (Bristol West) (Lab)]

Telling people that they are welcome just sounds hollow, given the terrible treatment meted out to Commonwealth citizens who were also once told that they were welcome but who did not have documents that they did not know they were supposed to have. What does the Minister think I should say to my EU constituents in Bristol West who, frankly, have no confidence at all in the Government’s proposals?

[Caroline Nokes]

People who go through the settled status scheme will be given a digital status so they can evidence that they have been through the scheme. I am very conscious—I believe I said this to the Home Affairs Committee last week—that there will be children born between now and 29 March 2019 who may well live to 120 and beyond, so we have to ensure that the settled scheme is enduring so that, potentially, for the next 100-plus years people will still be able to evidence their status.

[Jack Lopresti (Filton and Bradley Stoke) (Con)]

Does my right hon. Friend agree that EU citizens who have made their lives in the UK continue to make a great contribution to our country? I sincerely hope that she agrees with me, because my father is one of them. He came here as an economic migrant just over 50 years ago, and he is not in any way unduly concerned about his status when we leave the EU.

[Caroline Nokes]

I thank my hon. Friend for drawing on his family experience. One of the most important things we can do to demonstrate our commitment is to open a settled status scheme, and we have done that. The scheme opened in August for the first private beta testing phase, and we are now in phase 2. There will be a third phase in January after a firebreak so that we can check that the scheme is working as we would want. I am delighted that we have already seen in the region of 1,000 people granted settled status.

[Alison Thewliss (Glasgow Central) (SNP)]

My constituent Robin Adams is a British citizen and an EU citizen, as we all are at the moment. He is working as a lecturer in Sweden, and does not know whether he will be able to continue his work in Sweden or, if he returns, whether his wife, a US citizen, would be able to come back with him. He faces losing his home, his job and his family. What reassurance can the Minister offer him?

[Caroline Nokes]

The hon. Lady will have heard my answer earlier, and there continues to be ongoing work with European counterparts and the EU to make sure that they offer the same clarity and simple status that we have offered for EU citizens who are living here.

The hon. Lady refers to her constituent’s US wife and, of course, under the Surinder Singh rules she will already be eligible to come here with him if they have been living in an EU state for a significant period of time.

[Mr Peter Bone (Wellingborough) (Con)]

If there is no deal, what will happen on 30 March 2019, when free movement will have ended, if an EU citizen presents himself at our borders?

[Caroline Nokes]

It is an important principle, as has been set out repeatedly, that we wish to be an outward-looking trading nation post Brexit. It is important, in my view, that we continue to allow EU citizens to use e-passport gates. Many hon. Members will have heard the Chancellor’s commitment in last week’s Budget to open up e-passport gates to further cohorts of nationalities. Of course, on day one of Brexit people will still be able to use their passport at e-passport gates as they travel into the UK.

[Jess Phillips (Birmingham, Yardley) (Lab)]

I wonder whether the Minister can answer for me the question already put by my hon. Friend the Member for Sheffield Central (Paul Blomfield) about the charges for EU citizens who have been trafficked here. What assessment has the Home Office made of the number of women trafficked for sex from Romania and whether we will now be charging them for the fact that they have been abused?

[Caroline Nokes]

The hon. Lady raises an important and serious point about victims of trafficking or modern slavery, and the issue has been raised with me. We have already made an offer that children in care should not have to pay the fee, we are looking very closely at this issue and I thank her for raising it.

[Rebecca Pow (Taunton Deane) (Con)]

Will the Minister reassure me that she intends to take control of our borders—that was so important to so many in the referendum—while continuing to attract the brightest, the best and the needed? That is so important to employers in my constituency, especially agriculturalists, the tourism trade and the care industry.

[Caroline Nokes]

My hon. Friend points out the importance of controlling our own borders and being able to bring forward, for the first time in more than a generation, an immigration policy that will enable us to determine who comes here based on their skills, not on their nationality. It is a really important point that we should continue to be able to attract the brightest and the best, and we will be setting out full details of the future immigration policy in a White Paper, and indeed an immigration Bill, coming very soon.

[Mike Gapes (Ilford South) (Lab/Co-op)]

At the moment, many, many British people living in EU countries are very apprehensive about their future. They currently have EU citizenship rights, which they will lose if there is a no deal in March next year. What can the Minister say to reassure them? Is it not absurd that EU citizens in this country will have some protection, under the European Union (Withdrawal) Act 2018, but British people in the EU will have no protection whatsoever in the event of no deal?

[Caroline Nokes]

I would like to reassure the hon. Gentleman that we are working hard to ensure that there is a deal, but he raises an important point, which I think I have addressed a couple of times already. This country has made an offer to EU citizens and we have made it very clear that we want them to stay, but the same cannot be said of some of our European counterparts. This matter is pressed with Ministers at every available opportunity, and indeed with ambassadors and the EU, because it is important that British citizens living in the EU27, the majority of whom are in France and Spain, are afforded the protections to which we believe they are entitled under the withdrawal agreement.

[Matt Warman (Boston and Skegness) (Con)]

About a third of my constituents came from eastern Europe over the past 10 to 15 years. They should take heart from the settled status scheme, but they deserve clarity as soon as possible and they often look to their own embassies rather than to the UK state. Will the Minister work with those embassies to get information to these people as quickly as possible from those sources and, crucially, in their own languages?

[Caroline Nokes]

My hon. Friend raises an important point. I have already met a number of ambassadors, particularly those from central and eastern European countries, impressing upon them the importance of communicating with the diaspora populations—and they do that. As I have travelled the country over the past few months and talked to EU citizens, particularly those employed in agriculture, I have been interested to find that many of them have already received communications on this subject and that they are very confident about how they should go through the settled status process.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for her statement so far. She will understand the uncertainty in the agri-food sector in Northern Ireland, particularly in my constituency. The sector depends on and functions greatly because of EU citizens who have been here for years—they have worked, married and bought their homes here, and their children go to school here. Will she give the EU workers and the employers much-needed assurance?

[Caroline Nokes]

The hon. Gentleman may not be aware that back in the summer the Home Office issued the employers’ toolkit, which gives them the ability to disseminate information to their employees and explains the process of the settled status scheme to them. As he will have heard, we have already opened the scheme to some small cohorts of EU citizens who are already living here. In the past few days, we have opened it up much more widely, so that EU citizens employed in NHS trusts and within the universities sector will be going through phase 2. It is important to us that we get the settled status scheme right and in putting people through it—those 1,000 people who have already gained status—we can provide evidence of the commitment we have made and demonstrate to others that it was a simple and straightforward process.

[Mr Philip Hollobone (Kettering) (Con)]

Is the Immigration Minister seriously saying that with just five months to go until we leave the European Union, the EU has not made clear what the rights of UK nationals will be in the EU on Brexit day? Given the huge contribution that UK citizens make to European countries, does she share my outrage at this callous disregard for the lives and futures of UK citizens who live in the EU?

[Caroline Nokes]

I am conscious that in the time I have been the Immigration Minister we have got the settled status scheme up and running, having designed completely from scratch a whole new digital system. I wish that I could see a similar commitment made among the EU27 or in the EU Commission as a whole, because it is important that there should be confidence for those British citizens who live in EU27 countries.

[Mr Pat McFadden (Wolverhampton South East) (Lab)]

The Minister has said several times that free movement will end; will she tell us the month and the year it will end?

[Caroline Nokes]

The Government will bring forward their plans to end free movement as soon as possible.

[Kevin Foster (Torbay) (Con)]

Many EU citizens in Torbay will be listening to this debate and wondering what the future is for them. Does the Minister agree that they should be reassured that although the Government’s goal is to get a deal, if they do not, EU citizens’ rights will be protected, so they should dismiss some of the scaremongering that we have heard?

[Caroline Nokes]

One of the most important parts of that guarantee is to demonstrate that we are already putting EU citizens through the settled status scheme. We have opened it up to a much larger cohort and, between now and the end of the year, in the region of 250,000 to 350,000 people will be eligible to go through the scheme. I should say that I do not anticipate our hitting that level of numbers, but we will be able to test the scheme at an enormous scale. It is important that we have made that commitment and we want EU citizens to stay.

[Emma Reynolds (Wolverhampton North East) (Lab)]

The Home Secretary said yesterday that even in the event of no deal, employers will not be expected to differentiate between resident EU citizens and those who arrive after Brexit. Will the Minister therefore confirm that free movement will not end on 30 March next year?

[Caroline Nokes]

As I have said previously, right-to-work checks have to be carried out now for EU citizens and, indeed, for British nationals when they move to a new job. It is important that we set out the timetable for ending free movement, and the Prime Minister has been clear that we are going to do just that.

[Steve Double (St Austell and Newquay) (Con)]

Many of the EU citizens who live in my constituency live in rural and even remote areas. They may not be aware of the support and advice that is available, or they may have difficulty accessing it. What steps will the Home Office take to make sure that EU residents in rural communities are made aware of the support available?

[Caroline Nokes]

My hon. Friend makes an important point about rural communities and remote areas. I referred earlier to the employers’ toolkit, and I am conscious that many EU citizens may get information from their employer. I reassure my hon. Friend that a large-scale communication plan will indeed come into play when the settled status scheme is opened more widely.

[Kate Green (Stretford and Urmston) (Lab)]

In the event of no deal, will free movement end on 29 March next year? If so, how will employers and others know what checks to make?

[Caroline Nokes]

As the Home Secretary explained, employers will have to continue to make the same right-to-work checks that they currently make. As I have now said several times, we will bring forward our plans to end free movement shortly.

[Tom Brake (Carshalton and Wallington) (LD)]

The lives of hundreds of thousands of EU citizens in the UK have been blighted by this shambolic Brexit. Does the Minister agree that by ring-fencing EU citizens’ rights now and paying for their settled status applications, we might go some way towards healing the hurt that has been inflicted on them as a result of Brexit and by this Government?

[Caroline Nokes]

I gently remind the right hon. Gentleman of the outcome of the referendum, when the British people voted for Brexit. The Government have a duty to uphold the British people’s wishes. As I have said this afternoon, the settled status scheme is already open in its testing mode and has already conferred on more than 1,000 people their settled status.

[Matt Rodda (Reading East) (Lab)]

The Minister’s answers today have revealed a shambles at the Home Office. Given that and given the state of policy, what reassurance can she really give to the thousands of EU residents in my constituency, to their families, many of whom are UK citizens as well, and to thousands of local employers?

[Caroline Nokes]

I am not sure whether the hon. Gentleman was listening earlier when I said that the Home Office has delivered a settled status scheme that is up and running. Telling EU citizens that there is now a process for them to go through where they can confirm their status is exactly the sort of reassurance that we must give to them. Sadly, that is something that we have not seen across the rest of the EU.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

According to UK Music’s recent Measuring Music report, the UK music industry exports rose by 7% to a record £2.6 billion last year. With 29 March fast approaching, it is more important than ever that we know how musicians and performers can continue working in the EU once the UK leaves, and how EU citizens can work in the UK. Will the Minister tell me what steps she has taken to achieve that?

[Caroline Nokes]

I am delighted to celebrate the increased exports of UK music and the phenomenal work that our artists, their producers, their tour companies and so on have managed to achieve over the past few years. It is important, as I have previously said, that we have a future immigration system. We are setting out the parliamentary timetable in due course and a White Paper will be published very shortly, which will clarify these matters.

[Andy Slaughter (Hammersmith) (Lab)]

There are 1,500 EU nationals doing essential work for the Imperial College Healthcare Trust. In addition to having to go through the bureaucracy to get what they regard as second-class settled status, they would normally be charged a fee for that. The hospital trust itself will now pay at least £100,000 of that, which they have to do in order to retain these essential staff. Why should a trust, which is having real revenue and capital problems, have to pay that money? Why will the Government not pay that money?

[Caroline Nokes]

I do hope that the hon. Gentleman is aware that the fee for settled status was agreed with the EU.

[Ms Karen Buck (Westminster North) (Lab)]

I do not know whether the Minister is aware just how ludicrous it sounds to keep talking about bringing forward clarification “in due course” when we have just 20 weeks to go. She keeps repeating the fact that 1,000 EU citizens have so far gone through the settled status scheme, which I calculate is 0.03%. Will she tell us exactly how many people she expects to have achieved settled status before the end of March 2019?

[Caroline Nokes]

I hope to be able to explain to the hon. Lady that, of course, the settled status scheme opened in private beta testing. When we introduce a new large-scale scheme of this type, it is really important that we do so in a controlled way, which is why it has been only small numbers to date. As she will have heard me say, we are opening it up currently to in the region of 250,000 to 350,000 individuals employed by NHS trusts or indeed by the university sector. We know that there are 3.5 million people whom we wish to go through this scheme, and it is therefore really important that we get the testing right, and, of course, the scheme will be open until December 2020.

[Kevin Brennan (Cardiff West) (Lab)]

As well as “in due course”, the Minister has also used the phrases, “as soon as possible”, “shortly”, “very shortly”, and “in the next few weeks”. Does she understand that those phrases are meaningless and just further undermine the confidence of people who are affected by our leaving the EU on 29 March? Will she now please provide to the House and to those 3 million EU citizens a bit more certainty about the timetable that is in her mind to provide some certainty for those people?

[Caroline Nokes]

My right hon. Friend the Home Secretary indicated that the White Paper will be coming forward in the autumn. The hon. Gentleman will be able to work out that we are in the autumn now, so perhaps he can have greater confidence that, when I say soon, I mean soon. However, he raises the 3.5 million EU citizens that we want to go through the settled status scheme to confirm the rights that we have offered to them. Of course, they have those rights, and that is not dependent on the future immigration system. We have opened the settled status scheme now to the testing cohorts and will be opening it more widely in the new year.

[Anna Turley (Redcar) (Lab/Co-op)]

The Immigration Minister has confirmed that there will be transitional arrangements for EU citizens even in the event of no deal. How long will those transitional arrangements last? Last week, I was treated by a nurse from Romania who had been here for many, many years, but she has asked her landlord to reduce her tenancy to a six-month rolling contract because she is terrified—in her words—that she will be “kicked out”.

[Caroline Nokes]

The Prime Minister, the Home Secretary and the Secretary of State for Exiting the European Union have all made it very clear that there will be no removals of EU citizens; we want them to stay. They are welcome here and they play an important role not just in our communities, but in our health service, as the hon. Lady pointed out. The settled status scheme is open in its testing phase and we will open it fully in the new year, but it is really important that we convey a message to everyone that we want EU citizens to stay. Seeking to sow seeds of uncertainty and division is actually really unhelpful to them.

[David Hanson (Delyn) (Lab)]

If Brexit happens and a British citizen marries an EU citizen in the future, will they be subject to income tests as non-EEA citizens are currently?

[Caroline Nokes]

The right hon. Gentleman started his question with, “If Brexit happens”. Let me reassure him that Brexit is happening. Of course, the matters to which he refers will be set out in the future immigration system.

[Chris Elmore (Ogmore) (Lab)]

May I push the Minister for a simple yes or no answer? After March, in the event of a no deal, will EU nationals arriving in the UK for the first time be able to live and work without any additional checks in exactly the same way as EU nationals living here are now?

[Caroline Nokes]

To quote the Prime Minister, their expectations will be different.

Oral Answers to Questions

Caroline Nokes Excerpts

Monday 29th October 2018 Commons Chamber

[Marion Fellows (Motherwell and Wishaw) (SNP)]

7. What assessment he has made of the effect on Scotland of ending free movement of people with the EU.

[The Minister for Immigration (Caroline Nokes)]

After the UK leaves the EU, free movement will end. In a recent report, the Independent Migration Advisory Committee concluded that the economic impacts of EU migration had been “relatively small”, with “limited regional variation”. As we leave the EU, we will create a single global immigration system that works in the interests of the whole United Kingdom.

[Dr Whitford]

Ending freedom of movement will have a major impact on the health and social care sector, which employs high numbers of EU nationals, and the tier 2 visa threshold of £30,000 is far more than any social care worker earns. Do the Secretary of State and Minister not recognise that wealth is not the same as worth?

[Caroline Nokes]

We have been very clear that employers should take all possible steps to reduce their reliance on low-skilled migrant labour. The MAC does have serious concerns, however, about the social care sector and is clear that this sector needs a policy wider than just migration policy to fix its many problems. The MAC report has given us some sound advice, but the Home Office continues to discuss with all sectors, with business leaders and indeed with the devolved Governments so that we can come forward with an immigration policy that works for the whole country.

[Marion Fellows]

As someone who has recently been the beneficiary of care and care support, I would refute what the Minister has just said. Scottish Government analysis published in February estimates that real GDP in Scotland will be 4.5% lower by 2040 than it would otherwise have been, as a result of lower migration. Does the Minister agree that this is why immigration powers must be devolved to Scotland, so that Scotland can create a system that is fair and that meets our needs and values?

[Caroline Nokes]

The Government have been repeatedly clear that immigration policy remains a reserved matter. Four years ago the people of Scotland confirmed in a referendum that they wanted to remain part of the United Kingdom and we will deliver an immigration policy for every part of the UK.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

There are 115,000 people looking for work in Scotland. Does the Minister think it would be a good idea if the Scottish Government did more to help those people to acquire the skills they need to get into the workplace and build the Scottish economy, rather than just ship in more people from beyond our shores?

[Caroline Nokes]

I thank my right hon. Friend for his question. It is crucial that we work across the whole of government—through our modern industrial strategy, the Department for Education, local government and the devolved Administrations—to make sure that we provide the opportunities for young people across the whole economy so that they can find work.

[David Duguid (Banff and Buchan) (Con)]

I welcome the news that free movement will be replaced with a single control system based on people’s skills, not where they come from. Can my right hon. Friend reassure me that the future system will both facilitate the supply of foreign labour where there is a domestic shortage and complement the Government-wide approach to domestic skills to tackle the shortages where they can be addressed by upskilling UK workers?

[Caroline Nokes]

My hon. Friend makes an important point. Our first priority must be upskilling UK workers and making sure they can move into the vacancies that we know are there. My hon. Friend is always diligent in promoting the interests of businesses in Scotland, which might find it difficult to acquire the labour they need. I will be delighted to work with him in that respect.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Scottish Government’s analysis shows that the average EU citizen working in Scotland contributes £10,400 per annum to Government revenue and £34,400 per annum to GDP. What plans have the UK Government made to mitigate the adverse economic impact on Scotland as a result of the UK Government’s decision to end free movement?

[Caroline Nokes]

The hon. and learned Lady will be conscious that an immigration White Paper will be coming forward very soon, but it is crucial that we reflect on the advice given to us by the independent Migration Advisory Committee, which made the point that there were only limited regional variations.

[Joanna Cherry]

I am very conscious of the much heralded and long awaited White Paper. However— the Minister may not know this—a nationally representative survey conducted by British Future and Hope not Hate shows that nearly two thirds of people in Scotland think the Scottish Government should have the power to decide which visas are issued to people who want to work in Scotland. Will the Minister meet me in advance of the White Paper to discuss how it will address the wishes and needs of the people of Scotland?

[Caroline Nokes]

I gently remind the hon. and learned Lady that Scotland will be part of a single immigration policy for the whole United Kingdom, however strongly she might argue against that, but I will be delighted to meet her after the White Paper is published, because we do not want the White Paper to be the end of the conversation, and we will still be asking business and industry leaders, representative groups, stakeholders and the devolved Administrations to give us their views.

[Danielle Rowley (Midlothian) (Lab)]

5. What assessment he has made of the adequacy of the Government’s EU settlement scheme.

--- Later in debate ---

[Alison Thewliss (Glasgow Central) (SNP)]

8. What progress his Department is making on establishing the new UKVI service and support centres.

[The Minister for Immigration (Caroline Nokes)]

On 30 November, UKVI’s existing premium service centres will close to undergo refurbishment and conversion to service and support centres. Home Office staff will be given tailored training sessions, enabling them to best serve customers’ needs when the centres reopen in January 2019.

[Alison Thewliss]

Delays in Home Office decision making have been a feature of just about every surgery that I have ever held. Given the recent announcement that some services will be outsourced to Sopra Steria—the same company that managed to lose half a million NHS documents—and the experience that we have had with Serco in Glasgow, will the Minister tell me how on earth this privatisation agenda will help my constituents?

[Caroline Nokes]

It will help the hon. Lady’s constituents by providing a transformed experience for those who may need more face-to-face interaction or help with their applications. At the free appointments, customers will meet experienced frontline staff to help UKVI better to understand their circumstances, take appropriate safeguarding action and validate their documents.

--- Later in debate ---

[Chris Stephens (Glasgow South West) (SNP)]

13. What steps he is taking to ensure that asylum seekers are adequately maintained and accommodated; and if he will make a statement.

[The Minister for Immigration (Caroline Nokes)]

The Government are committed to protecting the rights of asylum seekers and to ensuring that those who would otherwise be destitute are provided with accommodation and other support to meet their essential living needs. We continue to work closely with local government, the devolved Administrations, the private sector and civil society to make improvements to the services that are provided.

[Chris Stephens]

The Minister will be aware that, following a legal challenge in Scotland’s Supreme Court by two of my constituents and Govan Law Centre, Serco undertook to put its lock-change evictions on hold. Is she aware that Serco is verbally threatening my constituents with lock-change evictions? Does she agree that that is completely unacceptable, and will she investigate?

[Caroline Nokes]

It is important that the Home Office continues to work with Serco, Glasgow City Council and non-governmental organisation partners as part of a dedicated taskforce to make sure that all those individuals who are no longer entitled to asylum support or accommodation are managed appropriately. The hon. Gentleman is of course right to point out that, following his constituents’ legal challenge, no service users have been evicted while the appeal is ongoing.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

14. What recent assessment he has made of the adequacy of police funding.

--- Later in debate ---

[Sandy Martin (Ipswich) (Lab)]

T2. What progress has the Minister made in compensating Windrush victims who have been made homeless and jobless by the Government’s hostile environment project?

[The Minister for Immigration (Caroline Nokes)]

I thank the hon. Gentleman for that question. He will know that Martin Forde QC recently asked the Government, and we agreed, to extend the consultation period for the compensation scheme so that we can make sure that we get the best responses possible and so that he can engage more widely with the community. In exceptional circumstances, the Home Office has already made payments to some individuals.

[Steve Double (St Austell and Newquay) (Con)]

Meat and fish processing businesses in my constituency rely heavily on migrant workers. Many of their staff are highly skilled even though their skill is not formally recognised by a qualification. What steps are the Government taking to make sure that these sorts of skills are properly recognised in our future immigration policy?

--- Later in debate ---

[Mr Speaker]

I think that sentence contained quite a lot of semi-colons.

[Caroline Nokes]

I share the hon. Lady’s admiration for small and medium-sized businesses the country over. The immigration system already facilitates recruitment of foreign graduates of UK universities by waiving many of the usual requirements. We will shortly be setting out our plans for the future immigration system, following the recent report by the Migration Advisory Committee.

--- Later in debate ---

[Mr Speaker]

Order. I hope the Minister heard her hon. Friend.

[Caroline Nokes]

indicated assent.

[Mr Speaker]

She did. Otherwise we would have to have a reprise.

[Caroline Nokes]

I thank my hon. Friend for her question. I was delighted to go to her constituency over the summer to meet soft fruit farmers who made a compelling case for a seasonal workers scheme. She will no doubt be delighted that the Government are having a pilot in the horticultural sector to make sure that it can access the labour that it needs.

[Several hon. Members rose—]

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Caroline Nokes Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 26th October 2018 Commons Chamber

[Tim Loughton]

My hon. Friend pre-empts my closing remarks. If there is a problem getting this Bill through the House, it must be one of the most complicated private Member’s Bills there has ever been, which is my fault. It so happens, however, that all four tenets of the Bill are now Government policy, so there should not be a problem. We still have some way to go before, hopefully, the Bill passes to another place and becomes subject to the vagaries there. If we do not get there, there is the important issue of adding mothers’ names to wedding certificates—that has been an anomaly since the reign of Queen Victoria and should have been addressed ages ago. Now at last we can do it.

The Bill contains important provisions on allowing coroners to look into certain stillbirths, and again, huge cross-party support for that has been aired on many occasions. There are also other important matters regarding how we view stillbirths before the 24-week gestation period. This Bill is not just about civil partnerships; it is about a whole load of other things for which there is widespread support. I hope that the Government will see that the new clause is well intended and will hold the feet of officials to the fire as they work long hours to get this legislation through. It is achievable. I have tabled new clause 1 in the spirit of being helpful to the Government in achieving equality. Consequential amendment 1 has now become redundant, because it is now Government policy to allow civil partnerships, and the new clause will ensure that we get on with it.

[The Minister for Immigration (Caroline Nokes)]

When warned that I might be speaking early, Madam Deputy Speaker, I had not expected it to be this early.

My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) has raised important points, and I am grateful to him for having promoted this Bill in its entirety and for his enormous and, as he pointed out, long-standing campaigning work in support of civil partnerships.

As most hon. Members will know, when the Bill was first introduced back in February, the Government had not yet taken a final decision on the future of civil partnerships. We were clear that the current situation, in which same-sex couples can marry or enter a civil partnership but opposite-sex couples can only marry, needed to be addressed. Indeed, earlier this year, we published a Command Paper that set out how we would proceed with our deliberations to ensure that we chose the right course of action. Events over the past few months have moved on substantially, not least thanks to the efforts of my hon. Friend in promoting this Bill, and I am pleased that the Prime Minister recently announced our intention to make civil partnerships available to both opposite-sex and same-sex couples. We intend to introduce specific legislation to do just that, and I know that in conversation with my hon. Friend the Minister for Women and Equalities made those intentions clear.

[Chris Bryant (Rhondda) (Lab)]

When?

[Caroline Nokes]

If the hon. Gentleman will have some patience, I will come to that in due course.

[Chris Bryant]

I have no patience.

[Caroline Nokes]

I can hear that the hon. Gentleman has no patience at all—that may not be news to the Chamber.

[Chris Bryant]

Play nice!

[Caroline Nokes]

I shall undertake to play nicely with the entire House today, because there are some really important components to the Bill and I feel hugely passionate about the inclusion of mothers’ names on marriage certificates—I do not, however, hope that my young daughter will be in a position to demand my name on her marriage certificate any time soon, but you never know, she is 20. [Interruption.] I doubt she would find a partner in that manner of haste.

I am very conscious that my hon. Friend’s amendment has the support of a large number of right hon. and hon. Members from across the House. We support the common objective of an early move to enable opposite-sex couples to form civil partnerships. We made clear our position and the reasons for our concerns about the amendment in a written statement laid this morning by my right hon. Friend the Minister for Women and Equalities.

--- Later in debate ---

[Andy Slaughter (Hammersmith) (Lab)]

I do not want to delay the Bill; I want us to get through the business with all speed. It was for that reason that I read the written statement very carefully. It discloses nothing to me that should mean the Government cannot support the Bill promoter’s new clause 1. Will the Minister just indicate whether she will support the new clause, so that we can get on and get the Bill through?

[Caroline Nokes]

There are a number of important points I would like to make with particular reference to the amendment and some of the challenges we think it poses. Perhaps the hon. Gentleman will be patient and allow me to get to them.

There are a number of reasons why we are concerned about my hon. Friend’s amendment and a number of reasons why the Bill may not be the most appropriate legislative vehicle in which to equalise access to civil partnerships between same-sex and opposite-sex couples. As I have said, the Bill contains a number of important measures that we certainly do not wish to jeopardise by allowing the substantive amendment on civil partnerships at this late stage in the Bill’s progress through Parliament. I think that these substantive changes deserve to have been debated more thoroughly at earlier stages of the Bill’s progress, rather than just in the limited time available to us today.

I also need to make the point that, while we are happy to have announced our intention to extend civil partnerships to opposite-sex couples, there are still quite a number of significant issues that need to be resolved before we can move on to implement opposite-sex civil partnerships. Some of these are entirely practical. [Interruption.] The hon. Member for Rhondda (Chris Bryant) from a sedentary position is yelling, “Such as”. If he will give me a chance, I will get to them. For instance, we need to check all the existing legislative provisions that cross-refer to the civil partnership regime to make sure that they still work as intended for opposite-sex couples as well as same-sex couples. These existing provisions are spread across a wide range of current legislation, from arrangements for adoption through to pension entitlements, so this is not an insignificant body of work. Any existing provisions that are not appropriate to extended civil partnerships will need to be changed. There are also a number of sensitive policy issues that will need to be resolved, such as whether convergence from a marriage to a civil partnership should be allowed and whether the terms for the dissolution of an opposite-sex civil partnership should mirror those for same-sex couples or be the same as for opposite-sex marriages.

We also need to resolve a number of cross-border and devolution issues, such as how we should provide for recognition of similar relationships entered into in other countries and how our own relationships should be treated in other parts of the United Kingdom, which have their own legislation on civil partnerships.

I am disappointed that the amendment tabled today seeks to replace the provisions in clause 2, particularly the requirement for Government to consult and report to Parliament on the way in which they intend to equalise civil partnerships between same-sex and other couples. We particularly supported this original requirement, as we see consultation prior to the implementation of the extension of civil partnerships as key in both helping us to set out the Government’s views on the issues I have just mentioned, as well as getting a broader view of the implications of the various options.

[Tim Loughton]

My hon. Friend will acknowledge, of course, that the requirement for review and consultation is not a statutory requirement. It did not need to be in the Bill, but it was the only way of getting it through. And of course the Government, by their own admission, have started that review and consultation, albeit at a late stage. Taking the clause out of the Bill does not mean that it stops it, so it is actually not required.

[Caroline Nokes]

This is a subject on which we conduct long conversations, reviews and consultation across the Government, and the fact that the review has started does not mean that it should stop, but we do want to conclude it. It is important to us to have those views.

The Government are keen to progress the review and to do so as quickly as possible. The planned consultation is not some sort of prevarication; it is a necessary step to help us to ensure that when we introduce legislation it is fit for purpose and does not slow down its parliamentary passage. Officials are already starting to identify all the matters on which we want to consult. I hope that we will soon be in a position to say more about our proposed timing for that consultation, but we wish to conduct it as soon as possible. I stress that the consultation will be about how we make the provisions to ensure that civil partnerships work as intended for opposite-sex couples, not about whether we intend to extend them in that way.

[Sandy Martin]

Will the Minister accept that it is not just about how; it is also about when? Given that there is a High Court ruling against her, she needs to move quickly.

[Caroline Nokes]

It is about how and we are proceeding. We are determined to do it. The hon. Gentleman is right to highlight the court judgment. [Interruption.] The hon. Member for Rhondda says we are doing nothing. In fact, the reality is very much that we are seeking to move forward on this as quickly as we can, but we do think that consultation is important.

However other people may view civil partnerships, our intention is clear. They are intended to have at least one thing in common with marriage: to be a formal bond between couples in a loving relationship. I do not wish to digress too much, but a couple of hon. Members raised this point. I am aware, however, that there are those in this place and the other place who wish to see civil partnerships extended to sibling couples. We do not consider that to be a suitable amendment to either my hon. Friend’s Bill or to a future Government Bill to extend civil partnerships. In the context of today’s debate, I merely note that the addition of substantive amendments on civil partnerships to my hon. Friend’s Bill would make it an easier target for amendments on siblings that would then wreck the Bill, and all its valuable provisions on marriage registration and pregnancy loss would be jeopardised. I note that there is already a Bill in the other place that proposes the extension of civil partnerships to sibling couples. We consider that that Bill, rather than this one, offers an appropriate opportunity to debate the merits of how cohabiting sibling couples should be protected in older age.

The amendment put forward today introduces a wide-ranging delegated power. This causes us concern for several reasons, as I mentioned earlier. We are not yet in a position to know precisely what will be required legislatively, which is why it would be too risky to take a power to change the law by secondary legislation when we are not yet able to explain how we intend to use that power.

[Justine Greening (Putney) (Con)]

When does the Minister think the Government will be in a position to understand the scope of legislative changes that are needed? Does she plan to publish a further written statement setting out to the House that information once she has it?

[Caroline Nokes]

I am sure that my right hon. Friend the Minister for Women and Equalities is best placed to make written statements on this matter rather than me, but we will provide as much detail to the House as we possibly can. Hopefully, that will be provided as soon as possible.

The Bill, as introduced, contained provisions for such a power to be included, but those provisions were removed in Committee as we did not wish to provoke parliamentary opposition in either place that could prevent the Bill as a whole from proceeding. Those are the reasons why our preference would be to introduce our own Bill in the next session to extend civil partnership as soon as a suitable legislative opportunity is available, which is what my right hon. Friend the Minister for Women and Equalities has indicated in her written statement. However, I do not want anyone to think that the Government are merely paying lip-service to the need to press on with resolving this matter.

Government research that was originally due to conclude next autumn has already been brought forward by a year. It has been wound up and officials are now using its findings to help with the impact assessment for the new civil partnerships. The Government Equalities Office has also been in contact with Departments across Whitehall to begin discussions on how to undertake the necessary legislative sweep and with its counterparts in the devolved Administrations to identify UK cross-border issues that will need to be considered.

I am very conscious of the keen interest that Members of both Houses take in extending civil partnerships to opposite-sex couples and of the private Member’s Bill brought forward by my right hon. Friend the Member for Meriden (Dame Caroline Spelman) and her continued support for our introducing measures through that Bill. In addition, as I have said, a Bill has also been introduced in the Lords on this matter.

My hon. Friend the Member for East Worthing and Shoreham has pursued this matter with passion and enthusiasm, and these are legislative proposals that will get on to the statute book, but we are keen to do so in the right way. I hope that this reassures the House that the Government are working hard to extend civil partnerships to opposite-sex couples, as well as same-sex couples, despite not being able to actively support his new clause for the reasons I have outlined.

[Sir Christopher Chope (Christchurch) (Con)]

The Minister speaks in riddles. Is she saying that the Government are not actively supporting my hon. Friend’s excellent amendment and new clause and so will abstain, or is she saying that the Government are opposing them?

[Caroline Nokes]

I think I made it clear that we are not actively supporting my hon. Friend’s amendments, but he has done an excellent job over the last few days of making sure he has enormous support for his amendments both on paper and in the House today.

[Sir Christopher Chope]

I take it from that that, because of the forces lined up against the Government, they are throwing in the towel, which is good and encouraging news. I congratulate my hon. Friend on the progress he has made.

I despair at the way the Government have been dragging their feet over this issue for so long. It was on 21 May 2013—more than five years ago—on the Third Reading of the Marriage (Same Sex Couples) Act 2013 that I intervened on the then Secretary of State for Culture, Media and Sport and Minister for Women and Equalities asserting that I believed that doing what the Government were doing in that Bill would be in breach of human rights law. The answer from the Minister, obviously on the advice of Government lawyers, was that the provisions of the European convention on human rights would not be compromised by the fact that the legislation made unequal provision for civil partnerships.

How wrong were the Government and the Minister! For five years people have been in limbo, while the Government have connived over legislation that is at odds with human rights requirements under the European convention. Surely there must be a greater sense of urgency from the Government than was demonstrated in my right hon. Friend’s response to the new clause. I also find it extraordinary that today’s written statement makes no mention of the Supreme Court ruling.

I hope that when the new clause and amendment are put to the vote, they will go through without a Division, but if there is a Division, I will be interested to see whether the Government try to argue against what the Prime Minister has already assured us of—namely, that the Government are on the side of the proposal in the new clause.

--- Later in debate ---

[Caroline Nokes]

As my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) has described the Bill as one about hatches, matches and dispatches, I feel it is incumbent on me to dispatch it swiftly from the Dispatch Box, so I shall not detain Members for long. My hon. Friend has been described today as tenacious. I certainly know that he is very diligent and committed in relation to these issues, and I thank him for his work to raise the profile of them.

We have heard excellent contributions from Members on both sides of the House, particularly the hon. Member for Washington and Sunderland West (Mrs Hodgson). She spoke about the work she has done alongside colleagues, but also alongside the Department of Health and Social Care. Many tributes have been paid to the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), and I delighted to see that the Under-Secretary of State for Health and Social Care, my hon. Friend the Member for Thurrock (Jackie Doyle-Price), is also now in the Chamber. I know that she has worked very closely with Members on these issues, particularly when it comes to baby loss, and I congratulate her on that.

My hon. Friend the Member for Banbury (Victoria Prentis) brought a perfect combination of humour and seriousness to what is sometimes a difficult subject for us to talk about, and I congratulate her on that. Many Members raised issues faced by their constituents—the hon. Member for Bedford (Mohammad Yasin) mentioned bereaved parents in his constituency, and the hon. Member for Hammersmith (Andy Slaughter) spoke about his constituents who were successful at the Supreme Court. My hon. Friend the Member for Solihull (Julian Knight) made an excellent and thoughtful contribution, speaking about a difficult experience in a moving way. He made an interesting point about the distinction between civil partnerships and marriage, and those who may simply not wish to go through a marriage, but for whom a civil partnership would be the right thing.

We had an interesting discussion across the House with my hon. Friend the Member for Harborough (Neil O'Brien) and I thank him for the points he raised, which clearly provoked strong feelings and interesting conversations. My hon. Friend the Member for Croydon South (Chris Philp) wished to know a specific point about marriage certificates and schedules and whether couples who marry in a church would still be able to sign a schedule. I reassure him that they and their witnesses will be able to sign that schedule, which will include all the relevant information such as name, date of birth and occupation, as well as, for the first time, the details of both parents. That is something we all welcome and have wanted to happen for a long time.

I thank my hon. Friends the Members for Erewash (Maggie Throup) and for Copeland (Trudy Harrison), as well as my hon. Friend the Member for Colchester (Will Quince). He has spoken previously in the Chamber about his personal experience and the work he is doing with the hon. Member for Washington and Sunderland West. He always speaks thoughtfully, and Ministers welcome his serious thoughts on this matter.

As we have heard, the Bill will introduce the first reform of how marriages are registered since 1837. It removes the requirement for paper marriage register books to be held in more than 30,000 religious buildings and register offices, moving to an electronic system of marriage registration. I assure my hon. Friends that the Bill will not prevent couples who want to marry in the Church of England or Church in Wales from marrying following ecclesiastical preliminaries, such as the calling of banns and the issue of a common licence. As I said earlier, instead of a schedule, the clergy will issue a marriage document that will be signed at the ceremony by the couple, and returned to the register office for entry into the register. The Government—I know this will put fear into the heart of the hon. Member for Rhondda (Chris Bryant)—will aim to implement those reforms as soon as possible, subject to the successful passage of the Bill, and will enable changes to be made to include the names of both parents of the couple.

Clause 3 has progressed with strong support from hon. Friends, all of whom agree that the report is both timely and urgent. Work on that report is already under way, and the Department of Health and Social Care is engaging with many key stakeholders, including health practitioners, registrars, charities and academics. The review team has spoken to parents with lived experience of losing a baby before 24 weeks’ gestation to learn about their experience and how best to ensure that the NHS is able to provide the best possible care and support when such a tragedy takes place. The clause requires the Secretary of State to publish a report. Many hon. Friends have already contributed to the report for which the clause provides, and I encourage Members on both sides of the House to support that extremely important work.

On civil partnerships, the Bill certainly sets the Government a challenge, particularly on timing. As I pointed out, there is a great deal of work to be done, including a substantial legislative trawl to ensure that the existing statute book works for opposite-sex civil partnerships. There are policy decisions to be made, and consultations on issues such as the conversion and dissolution of marriages and civil partnerships, as well as the resolution of cross-border issues. Although the Government are firmly committed to equal civil partnerships, for all those reasons, we must ensure that we proceed carefully and thoroughly, as I am certain we will.

The Government are grateful to all those who have taken time to speak to the matters raised by clause 4, and it is important that a broad and diverse range of views is heard and considered carefully. It is clear that when considering whether to enable coroners to investigate stillbirths, we must engage the wider public so that any proposals are thoroughly explored and understood. We think that the review is the right approach, and the Bill is an important step in that direction.

I once again thank my hon. Friend the Member for East Worthing and Shoreham for bringing forward these important issues, and I congratulate him on his tenacity. I look forward to the future passage of the Bill.

Question put and agreed to.

Bill accordingly read the Third time and passed.

[Judith Cummins (Bradford South) (Lab)]

On a point of order, Mr Deputy Speaker. On Wednesday I raised with the Prime Minister the police pension shortfall of £165 million. In my area alone, 400 officers could be lost. The Prime Minister responded:

“She refers to pensions; this issue has been known about for some years.”—[Official Report, 24 October 2018; Vol. 648, c. 276.]

Yesterday, the National Police Chiefs Council and the Association of Police and Crime Commissioners issued a joint statement saying:

“no guidance has been given to what that would mean in terms of costs for employers or a timeline for implementation of those changes.”

It went on to state:

“The first notification that has enabled forces to calculate the impact of pension changes came in September 2018.”

I will write to the Prime Minister demanding an urgent meeting with me, the NPCC and the APCC. Can you advise me, Mr Deputy Speaker, on how the Prime Minister can correct the record?

Asylum Seekers: Right to Work

Caroline Nokes Excerpts

Wednesday 24th October 2018 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

I did wonder whether the hon. Member for Bristol West (Thangam Debbonaire) was going to contribute. I am not sure whether she had indicated as such to you, Mr Betts.

[Thangam Debbonaire (Bristol West) (Lab)]

First, I want to apologise. I was not just at the Macmillan coffee morning; I was the host. I was giving a speech, and it was a very difficult one to cut short. I apologise. I will not take up the Minister’s time further.

[Caroline Nokes]

Thank you. That at least clears that up. I very much appreciate the words of wisdom I have heard on many occasions from the hon. Lady and my right hon. Friend the Member for Meriden (Dame Caroline Spelman), who secured the debate. I absolutely recognise that the rights of asylum seekers and refugees are an important issue to them. It is a subject on which they have spoken many times in this House, with much knowledge and erudition.

This debate on access to work for those claiming asylum is important. We can see that, for a 30-minute debate, it has provoked a lot of interest from the House. Members may well want to intervene, and I will certainly be happy to take interventions, but I particularly want to thank the Lift the Ban coalition for its recent report, which was sent to me. It raised a number of important points.

Members will know that the UK has a proud history of providing protection to those who need it. This Government are committed to delivering a fair and humane asylum system. We are tackling the delays in decision making to ensure that most asylum seekers receive a decision within six months. In the year ending June 2018, we granted protection or other forms of leave to more than 14,000 people, and we are increasing integration support for all refugees to help them rebuild their lives here and realise their potential.

I am sure Members share my appreciation for the excellent work that all agencies do to help and protect these very vulnerable people, but our protection does not end there. All those claiming asylum are provided with accommodation and support to meet their essential living needs if they would otherwise be destitute. The hon. Member for York Central (Rachael Maskell) raised that issue. They are entitled to full access to healthcare and, for those under 18, access to full-time education. Those recognised as refugees, including those resettled here, have immediate and unrestricted access to work and other services that can support their integration.

As might be expected from a former Minister at the Department for Work and Pensions, I certainly recognise the importance of work when it comes to physical and mental wellbeing, building a wider sense of contribution to our society and community integration.

[David Linden (Glasgow East) (SNP)]

The Minister knows that I have a lot of respect for her, but given that the Government rightly put a lot of emphasis on tackling loneliness—there are all sorts of strategies about that—surely she can understand that one way of tackling loneliness for asylum seekers would be allowing them to work.

[Caroline Nokes]

The hon. Gentleman makes an interesting and important point. When I was at the DWP, I was often to be found saying that work was good not only for people’s financial wellbeing, but for their emotional and physical wellbeing. We know that children will have better outcomes if their parents are in work.

I am oft to be heard talking about finding better routes into work for our refugee populations. I absolutely recognise that we have a great deal of work to do in that respect, because the employment outcomes for refugees are way below the general population, and way below where we would want them to be, notwithstanding the fact that we know that many people who come here, particularly under the vulnerable persons resettlement scheme, have specific challenges, which may be about long-term sickness or having large families or children with disabilities. We in this place and in this Chamber will all know that we have established many of our networks, relationships and friendships through our colleagues and through being at work. It is important that we find successful routes in.

I am referencing refugee communities in particular, but it is not lost on me that I receive many representations from right hon. and hon. Members, from the non-governmental organisation community and from individual asylum seekers whom I have had the opportunity and privilege to meet. They, too, would like the opportunity to be able to make a contribution and establish the same levels of networks and friendships that we all do through work.

I am listening carefully to the complex arguments about permitting asylum seekers to work, and I will of course consider further evidence that comes forward. As many Members will know, and as my right hon. Friend the Member for Meriden rehearsed, the Government’s current policy is to grant those seeking asylum in the UK permission to work where their claim, through no fault of their own, has not been decided after 12 months. Those allowed to work are limited to jobs on the shortage occupation list, which is based on expert advice from the Migration Advisory Committee. My right hon. Friend made her point absolutely perfectly by referring to ballet dancers.

The policy aims to protect the resident labour market and ensure that any employment meets our needs for skilled labour. Members will know that the shortage occupation list is currently under review. All asylum seekers can make a valuable contribution to their local communities by undertaking volunteering activities. My right hon. Friend referenced the event she hosted recently alongside Refugee Action. We heard about the experiences of a number of people who had been through the VPRS and the asylum system more generally. The point about language was made repeatedly.

I was most struck by a young lady who had come here on the vulnerable persons resettlement scheme. She had been in the country for only six months and she used what I regarded as a terrible term, which I utterly reject, when she said, “When I came here, I was useless.” That really struck home because in no way was that young woman useless. Within six months she had got herself to such a level of English that she gave a word-perfect speech to a packed room at the Conservative party conference. That will not win many accolades from some Members here today, but conference is a tough gig. It is not always the easiest audience to speak to, but she did it beautifully. She said, “Six months ago I was useless, but now I am sitting here, working, and able to give a speech to you all.” It was hugely impressive. We also heard from a gentleman called Godfrey—the same gentleman my right hon. Friend referenced in her speech—who spoke at length about how volunteering had enabled him to feel that he was making an important contribution and given him back a sense of self-worth.

The hon. Member for Strangford (Jim Shannon) spoke about how his community had wrapped its arms around Syrian families who had been resettled under VPRS. The work that we have done on community sponsorship, learnt from other countries such as Canada, has absolutely shown us that communities are willing to accept and welcome refugees into their midst. They are often best placed to help and are incredibly supportive, providing a network that enables refugees to make friends they can turn to for support in times of crisis. I might sound like a stuck record, but also provided are those all-important routes into work, which we all recognise are important.

[Afzal Khan (Manchester, Gorton) (Lab)]

Will the Minister give way?

[Mr Clive Betts (in the Chair)]

Order. Hon. Members cannot intervene from the Front Bench.

[Caroline Nokes]

Oh. You have educated me, Mr Betts, but I will certainly be happy to take up any issues that the hon. Gentleman wishes to raise with me outside the Chamber.

Our position is also comparable and consistent with the immigration rules for non-EEA nationals wishing to come here and work in the UK, but that approach could be undermined if non-EEA nationals were able to bypass the rules by lodging unfounded asylum claims. It is an unfortunate reality that some migrants make such claims to stay in the UK, and it is reasonable to assume that they do so because of the benefits, real or perceived, that they think they will gain.

Currently, around half of those who seek asylum in the UK are found not to need international protection. Allowing earlier or unrestricted access to work risks undermining our asylum system by encouraging unfounded claims from those seeking employment opportunities for which they might not otherwise be eligible.

[Thangam Debbonaire]

May I clarify something with the Minister? When she gives figures on those refused asylum, do they take into account the numbers who, having been refused initially, will subsequently be granted asylum on appeal? It is those cases that I am particularly concerned about.

[Caroline Nokes]

I believe that is taken into account. The hon. Lady makes an important point, because I am conscious that—I will probably say something about this later—for both original applications and appeals, the system takes far too long. We know that throughout the appeal system many people bring forward additional information that, had we had the opportunity to consider it in the first place, would have led to a case being granted at the first opportunity. I am firmly of the view that we need to continue to do more not simply to speed up the processes, but to make sure that the decisions made are the right decisions in the first place, and we need mechanisms whereby people can bring forward additional information throughout the process. Also, the headquarters in Bootle is trialling a system where we sit asylum decision makers with both junior barristers and presenting officers so that they can better understand and learn what type of case is most likely to be granted at appeal so that cases can be granted earlier. They have a much better opportunity to learn from each other and to make sure that the right decisions are made in the first place.

I recognise that there is a significant debate about the evidence to demonstrate that policy changes made by Government act as a pull factor. I am not pretending for one moment that migration choices are not complex, and I know that isolating the impact of individual policy changes is far from straightforward, but there is evidence that policies affect migrant behaviour. It is also reasonable to assume that economic incentive is at least one element in a range of factors that encourage people to choose to move to a particular destination after first reaching a safe country.

[Paul Blomfield]

I congratulate the Minister on what has been a thoughtful and helpful speech. Can she point us to the evidence about pull factors? The Home Office’s own work on this issue indicates that the right to work is not a pull factor.

[Caroline Nokes]

I can point to evidence from Germany, where a change in policy saw a significant increase in the numbers arriving. Interestingly—the hon. Gentleman might be fascinated by this—that was a point that I removed from my speech. I am conscious that we are concerned about pull factors. We do not want anybody making risky or perilous journeys with the aim of an economic goal, as opposed to fleeing from persecution, but of course we recognise that they can be in a position where they cannot make a choice and have to make such a journey. I felt that the message given by that chunk of my speech was too harsh. We have a fantastic reputation in this country for being a safe haven for those in need, and I really want to build on that. However, I want to build on it through schemes such as VPRS, Mandate and Gateway. Various hon. Members here have heard me speak previously about ambitions to turn them into far more holistic and comprehensive schemes instead of what strikes me as a piecemeal approach.

[Thangam Debbonaire]

Will the Minister give way?

[Caroline Nokes]

I will give way, although I am conscious that I am running out of time.

[Thangam Debbonaire]

The Minister is being incredibly generous. On that point, I welcome her commitment to more holistic schemes. Does she therefore agree that if we want to prevent dangerous journeys, one of the best things we can do is honour the commitments we have made under the UN global compact on refugees and actually expand resettlement? Let us make it easier so that people do not feel forced to make dangerous journeys and let us encourage our allies and other countries to do the same.

[Caroline Nokes]

The hon. Lady is right that we need a whole-route approach. We have to look to where we can build stronger alliances, but I am also very clear that we must make sure that refugees claim asylum in the first safe country they reach. We know that in many cases that does not happen. We also know that in many cases—I referenced this earlier—refugees who have been granted status find it difficult to enter the job market, but that is for very understandable reasons. Rather than encourage further integration for those who might eventually not qualify for protection, our priority is focused on our efforts to support those who most need it.

We are taking action to support refugees to integrate and find employment as quickly as possible so that they can establish themselves and build lives here. The “Integrated Communities Strategy” Green Paper, published in March this year, underlined that commitment. It also set out the Government’s priorities to focus on English language, employment, mental health and cultural orientation. When I was in Jordan during the summer recess, I was struck by the work going on there on cultural orientation for people who were yet to be resettled. There were interesting and fascinating discussions in the session that I was able to be part of, but what really struck me was the importance of doing more on that front. In many cases people who are eligible and accepted for resettlement will wait many months before they make the journey here. We should not miss the opportunity to make sure that their cultural orientation and language preparation is as good as it can be. The Syrian refugees who had some level of English were really keen to use it, practise it and have conversations, whereas others in the group clearly felt much more isolated because they did not have that opportunity.

We will publish our response to the consultation later this autumn. There is a great deal more to be said about integration and training and employment. One of my first visits as a Minister was to Bradford, where I visited the specialist training and employment programme, which was all about moving refugees into work and helping them build a CV, improve their English and then find the great employment opportunities that we know are out there, with companies such as Ben & Jerry’s, with its ice academy, and Starbucks. Indeed, the STEP—skills, training and employment pathways—programme was working very closely with Tesco.

I have very few moments left, but I want to reassure Members that I am listening carefully to the argument. There is much merit in it. My right hon. Friend the Member for Meriden has certainly conveyed her views extremely clearly and well. The issue is multifaceted and complex. I look forward to further discussions with Members and NGO colleagues. I remain receptive to the views and evidence presented to me on the right to work. However, it is important that we recognise that there is a balance to be struck and that we make sure we make the right decisions.

Question put and agreed to.

Immigration Health Surcharge

Caroline Nokes Excerpts

Thursday 11th October 2018 Written Statements

[The Minister for Immigration (Caroline Nokes)]

Our NHS is always there when you need it, paid for by British taxpayers. We welcome long-term migrants using the NHS, but believe it is right that they make a fair contribution to its long-term sustainability. That was why we introduced the immigration health surcharge (IHS) in April 2015.

The IHS applies to non-European economic area (EEA) nationals subject to immigration control seeking to reside in the UK to work, study, or join family members for more than six months. Those who pay the charge may access the NHS on the same basis as UK residents for the duration of their lawful stay, i.e. they receive NHS care generally free of charge but may be charged for services a permanent resident would also pay for, such as prescription charges in England. The IHS has raised over £600 million and this money has been distributed to the Department of Health and Social Care and the health ministries in Scotland, Wales and Northern Ireland for health spending, in line with the Barnett formula.

The IHS is currently set at £200 per annum for most temporary migrant categories, with a discounted rate of £150 per annum for students and the youth mobility category. These rates have not changed since the IHS was introduced.

In February, the Government announced their intention to double the IHS. This followed a review by the Department of Health and Social Care of the evidence regarding the average cost to the NHS of treating surcharge payers. That review found that the average annual cost of NHS usage by those paying the surcharge is around £470 and that doubling the IHS could generate an additional £220 million a year for the NHS across the UK.

Today we have laid before Parliament in accordance with section 38 of the Immigration Act 2014, the Immigration (Health Charge) (Amendment) Order 2018. The order, which is subject to the affirmative procedure, seeks to double the IHS to £400 per annum. Students, as well as those on the youth mobility scheme, will continue to receive a discounted rate of £300. The order also makes some minor technical amendments to provide greater clarity about exchange rates, when payments are made in foreign currencies.

The proposed amount is still below full average cost recovery level and remains a good deal for those seeking to live in the UK temporarily. These changes do not affect permanent residents, who are not required to pay the IHS. Certain vulnerable groups such as asylum seekers and modern slavery victims are exempt from paying the IHS. Short-term migrants (including those on visitor visas) and those without permission to be in the UK are generally charged for secondary care treatment by the NHS at the point of access.

Ministers in the Home Office and the Department of Health and Social Care will shortly host information sessions for interested MPs and Peers.

[HCWS995]