Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether relationship breakdown due to (a) domestic abuse, (b) bereavement and (c) other reasons would affect a person's entitlement to a visa (i) under the Ukraine Family Scheme, (ii) as the third-country national family member of a Ukrainian and (iii) other visa schemes for Ukrainian refugees.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
Where a person has already entered the UK using a visa issued under the Ukraine Family Scheme, the Homes for Ukraine Scheme or has had their leave extended under the Ukraine Extension Scheme, should they become the victim of domestic abuse or become bereaved, the leave granted to them under the relevant scheme would remain valid.
Where the person has yet to make an application to one of the schemes, whether they are in the UK or abroad, they will still need to meet the requirements of the relevant scheme. Under each of the schemes, decision makers are able consider any exceptional circumstances and apply discretion where appropriate.
Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether people arriving in the UK under the Afghan citizens resettlement scheme will be granted indefinite leave to remain.
Answered by Victoria Atkins - Secretary of State for Health and Social Care
On Monday 6th September, the Prime Minister announced that those arriving through the Afghan Citizens Resettlement Scheme (ACRS) will be granted immediate Indefinite Leave to Remain, allowing them to benefit from full rights and entitlements and providing them with the certainty and stability they need to build their life here.
This is consistent with the leave granted to those arriving through the UK Resettlement Scheme (UKRS) and the Afghan Relocation and Assistance Policy (ARAP).
Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will take steps to expedite decisions on family reunion applications made by Afghan refugees in the UK.
Answered by Kevin Foster
The Home Office has already taken steps to prioritise any outstanding Family Reunion applications made by Afghan refugees in the UK.
The Home Office will not routinely expedite Afghan cases, as to do so would discriminate against other nationalities who may face similar risks, but we will consider cases on an individual basis to assess, in line with the existing approach on applications for Family Reunion, whether the risks presented mean the case should be expedited.
Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what plans she has to allow Afghan refugees in the UK who have naturalised to be eligible to sponsor relatives under the refugee family reunion rules.
Answered by Chris Philp - Minister of State (Home Office)
The refugee family reunion rules allow a partner and children under 18 of those granted protection in the UK to join them here, if they formed part of the family unit before the sponsor fled their country. This route is available until the sponsor chooses to become a British citizen.
A person who wishes to settle in the UK as the spouse, partner, child dependant, parent or adult dependent relative of a British citizen or settled person must apply for leave to enter or remain under Appendix FM to the Immigration Rules and meet the relevant evidential requirements as set out in Appendix FM-SE to the Immigration Rules.
Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will take steps to expedite decisions on asylum applications, including appeals made by Afghan nationals.
Answered by Chris Philp - Minister of State (Home Office)
The UK has a proud history of providing protection to those who need it, in accordance with our international obligations. All asylum claims are considered on a case by case basis and in line with published policy. Claims by Afghan nationals will be considered in the same way as claims from any other nationality; we do not believe it is appropriate to prioritise claims from one nationality over another as many claimants, irrespective of nationality, are potentially vulnerable and no one is expected to leave the UK while they have a claim outstanding.
We are currently reviewing the country situation and will issue updated country policy and information notes shortly for Afghanistan, which reflect revised assessments of risk of persecution. We have therefore temporarily paused asylum decision making for Afghan nationals to ensure that our decision makers are only considering claimants’ protection needs in the light of relevant and up-to-date country information.
All asylum appeals from Afghan nationals will be reviewed ahead of any hearing to look at the individual claim in light of the changed country situation, current guidance and any further information submitted by the claimant, to assess whether the decision to refuse is still appropriate.
No one who is found to be at risk of persecution or serious harm in Afghanistan will be expected to return there, and enforced returns of those who have been refused asylum and have exhausted all rights of appeal are currently paused while we consider the situation.
Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what plans she has to expand eligibility to refugee family reunion for Afghan refugees in the UK to sponsor their (a) adult dependent children, (b) parents and (c) siblings.
Answered by Chris Philp - Minister of State (Home Office)
The Government’s refugee family reunion policy allows a partner and children under 18 of those granted protection in the UK to join them here, if they formed part of the family unit before the sponsor fled their country. Afghan nationals recognised as refugees or with humanitarian protection in the UK, including those who will be resettled here under the new Afghanistan Citizens’ Resettlement Scheme, can sponsor qualifying family under this route. In the year ending June 2020, over 200 Afghan nationals came to the UK under the family reunion policy, including 130 children.
There are separate provisions in the Rules to allow extended family to sponsor children to come here where there are serious and compelling circumstances. Refugees can also sponsor adult dependent relatives living overseas to join them where, due to age, illness or disability, that person requires long-term personal care that can only be provided by relatives in the UK.
Our policy makes clear that there is discretion to grant visas outside the Immigration Rules, which caters for extended family members in exceptional circumstances.
There are additional safe and legal routes for people to come to the UK should they wish to join family members here, work or study. They would need to meet the requirements of the relevant Immigration Rule under which they were applying to qualify for a visa.
Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the potential merits of allowing Afghan nationals in the UK to submit further submissions on asylum applications online.
Answered by Kevin Foster
In March 2020, to protect claimants and Home Office staff, we made changes to the further submissions process to allow for representations to be made remotely. It was always the intention of the Home Office to re-start the process of requiring further submissions from failed asylum seekers to be made in person as this helps to ensure people maintain contact with the Home Office and enables identity to be checked.
In order to make this process more accessible, we have recently increased the number of locations people can lodge submissions, with Glasgow coming on line in mid-August 2021, in addition to the previous locations of Liverpool and Belfast.
Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent assessment she has made of whether there is a viable route of return to Afghanistan for the purposes of applications for support under section 4 of the Immigration and Asylum Act 1999; and if she will make a statement.
Answered by Kevin Foster
Afghan nationals who have an asylum claim or appeal which has not yet been decided are eligible to receive support under section 95 of the 1999 Act if they would otherwise be destitute. Furthermore, failed asylum seekers may be supported under section 4(2) of the Immigration and Asylum Act 1999 (1999 Act) if they would otherwise be destitute and meet other conditions set out in the Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005.
Regulation 3(2)(c) provides, subject to the individual being destitute, support may be provided where there is no “viable route of return” to the individual’s country of origin. However, this is not considered to be relevant to the current situation in Afghanistan, where the relevant issue is the safety of individuals if they were to return to the country, rather than the practicalities of travelling there.
Failed asylum seekers who consider they would be at risk of harm on return to Afghanistan because of the recent changes in the country are able to lodge further asylum submissions and would therefore be eligible to receive support under Regulation 3(2)(e) of the 2005 Regulations, subject to meeting the destitution criteria.
There are no plans to change the policy so Afghans may not be evicted from accommodation provided under section 95 or 4(2) in any circumstances. Like others supported under the provisions, their support may be discontinued in a number of circumstances, including where it appears they are no longer destitute, where they are no longer living in the accommodation provided to them and where they are granted refugee status and therefore become eligible to take up employment or apply for mainstream benefits.
Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will take steps to ensure that Afghan nationals are not evicted from asylum accommodation.
Answered by Kevin Foster
Afghan nationals who have an asylum claim or appeal which has not yet been decided are eligible to receive support under section 95 of the 1999 Act if they would otherwise be destitute. Furthermore, failed asylum seekers may be supported under section 4(2) of the Immigration and Asylum Act 1999 (1999 Act) if they would otherwise be destitute and meet other conditions set out in the Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005.
Regulation 3(2)(c) provides, subject to the individual being destitute, support may be provided where there is no “viable route of return” to the individual’s country of origin. However, this is not considered to be relevant to the current situation in Afghanistan, where the relevant issue is the safety of individuals if they were to return to the country, rather than the practicalities of travelling there.
Failed asylum seekers who consider they would be at risk of harm on return to Afghanistan because of the recent changes in the country are able to lodge further asylum submissions and would therefore be eligible to receive support under Regulation 3(2)(e) of the 2005 Regulations, subject to meeting the destitution criteria.
There are no plans to change the policy so Afghans may not be evicted from accommodation provided under section 95 or 4(2) in any circumstances. Like others supported under the provisions, their support may be discontinued in a number of circumstances, including where it appears they are no longer destitute, where they are no longer living in the accommodation provided to them and where they are granted refugee status and therefore become eligible to take up employment or apply for mainstream benefits.
Asked by: Ian Blackford (Scottish National Party - Ross, Skye and Lochaber)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what discussions she has had with the Secretary of State for Health and Social Care on mental health support for people arriving under the Afghan citizens resettlement scheme.
Answered by Victoria Atkins - Secretary of State for Health and Social Care
On Wednesday 18 August, the Government announced the launch of a new bespoke Afghan Citizens’ Resettlement Scheme (ACRS), to welcome up to 20,000 vulnerable Afghans to the UK. The scheme will focus on those most at risk and in its first year will resettle up to 5,000 vulnerable Afghans. Subsequently, on 31 August, the Government announced ‘Operation Warm Welcome’ to ensure that all those relocated to the UK can access the vital health, education, and support into employment they need to fully integrate into society.
The Home Office has been working across Government to ensure that those evacuated from Afghanistan are well supported in all their needs. This includes engagement with the Department for Health and Social Care where we are having ongoing conversations around health provision regarding England as well as local authorities and Clinical Commissioning Groups working with people directly. We are working with the devolved administrations in their actions to welcome Afghan people as well.