Refugees from Ukraine

Kevin Foster Excerpts

Wednesday 16th March 2022 Commons Chamber

[Pete Wishart]

I am grateful to my hon. Friend for raising that case. We have heard all week about such cases, in which the inaction and initial slowness to respond have led to real and profound difficulties for our constituents. She is absolutely right to highlight that case.

Given their background, maybe it is too much to expect a Government who can dream up all the horrors from hate vans to hostile environments to be a friend to refugees all of a sudden. I know that they want to do the right thing, but everything they know—everything that informs the deep-seated ideology that runs through the whole party of government—is getting in the way.

It will be up to the British people to resolve the tension and the balance, and to fortify the Dr Jekyll part of the Government’s split personality. It is as if every time the Government reach for the apple of righteousness, they feel the creaking branch below, breaking their fall as they descend back into their pit of bedevilment around immigration. The people of these islands will have to keep the Government focused on doing the right thing and not let them give in to the temptations of their dark side.

Let me give the Minister an example of where he can start. The failure to get the Dnipro orphans out of Poland and home is now simply a disgrace, and it must be fixed right now. The orphans are still in Poland waiting for the UK to resolve its almost idiotic bureaucracy and get them to Scotland, where accommodation and support await them.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

rose—

[Pete Wishart]

I see the Minister getting to his feet. I hope he will tell me that it is now resolved and that they will be on that flight on Friday. He is smiling, so I am waiting in anticipation—I am actually quite excited. I am sure he is not going to let us down.

[Kevin Foster]

I am grateful for the opportunity to intervene briefly from the Dispatch Box. We were approached earlier this week. For a child who is Ukrainian to be removed from Poland unaccompanied requires the consent of the Polish and Ukrainian authorities. That has not been given. However, we have indicated that if it were, we would facilitate their travel.

--- Later in debate ---

[Pete Wishart]

It has been done and put in place. Here is my challenge to the Under-Secretary of State for the Home Department, the hon. Member for Torbay (Kevin Foster): if everything comes through to him this afternoon—I believe it has already been sent—will he be satisfied? Will he allow those children to get on that plane to the accommodation waiting for them, the support in place, and those ready to look after them?

[Kevin Foster]

As I pointed out, these Ukrainian children are in Poland. For them to be moved unaccompanied requires the consent of the Ukrainian Government and the Polish authorities. If that is given, we would look to facilitate it; it has not.

[Pete Wishart]

Right. We will make sure that, once again, the information is given to the Minister. I hear him say that there is going to be movement—

[Pete Wishart]

We will make sure that it is given. I think that the Minister is reasonably genuine about wanting to resolve it and get it fixed. Let us remember that these are children who have left without passports and have no information to support them. If that is what is required, that is what will be given, and we will make sure that they get on the plane.

I pay tribute to the Dnipro Kids appeal. A bunch of Hibs fans went to Dnipro 17 years ago for a UEFA cup tie against the team there—I cannot remember its name, but I am sure it has one of these fancy names like the Dynamos or whatever—and have kept the association and relationship for all that time. They have worked selflessly to make sure that orphans in Ukraine, even at times of peace, are looked after. Here they are, sitting in Poland, wanting to get these kids home. [Interruption.] I hear the Minister. Let us now work together, and we will get that fixed. A plane is going from Heathrow to Poland on Thursday with medical supplies, resources and facilities. That plane should be taking these children right back to Heathrow, where there is a train waiting for them to get to Scotland, where they will meet up with all their colleagues at the Hibernian football club on Easter Road and the children will be placed in accommodation across Scotland.

[Kevin Foster]

rose—

[Pete Wishart]

I am sure that the Minister will tell me the same thing, but we are working together and we will ensure that we get the information through. I see him holding a letter; if he wants to intervene again, I give way.

[Kevin Foster]

I will very briefly state that the letter from the Ukrainian ambassador to the UK Government makes it clear that no Ukrainian child can be placed in the care of foreigners without the consent of Ukraine. I am interested to hear the hon. Gentleman’s points, and I note the comments that were made in this House earlier, but the point is that the Ukrainian Government need to consent to their children—their citizens—being moved from Poland. That consent has not been given. This is not a Home Office issue.

[Pete Wishart]

That consent will be communicated to the Minister.

I do not know why I have been blessed by this organisation within my constituency—Steve Carr, who has organised Dnipro Kids, is a Perth resident—but my constituent Gavin Price, who just so happens to be the boss of Elgin City football club and who owns the Schiehallion hotel and the Fountain bar in Aberfeldy, has a database of 20 businesses in highland Perthshire that could offer sponsorship and places of employment to about 100 refugees. Some 40 homes in that wonderful part of Scotland, highland Perthshire—not a place high in density of population—are prepared to play their part and accommodate those refugees if they can be offered those positions and can get across to Scotland.

Gavin has applied to the usual schemes and has not heard a thing. I raised his case in the House two weeks ago and have not even been given the courtesy of a reply to tell me exactly what is going to happen. The initiative would not only find accommodation places for refugees, but help tourism businesses in a fragile rural area that can no longer get their staff because of Brexit—they just cannot get people to work in those places. They are finding employment opportunities for refugees, who could work under the scheme for three years. These are people that those businesses need and require, which would help them out during the crisis created thanks to this Government and their crazy Brexit policy. Maybe the resistance to the idea is something to do with that—I really hope not.

These are community organisations in constituencies getting together and solving a problem on behalf of this Government. They are not asking the Government to do any work or do anything in particular; all they are asking is that the Government say, “Yes, you can come in.” We understand that even the flights are going to be paid for, so that is not even an issue for the Government. Communities around the country are organising, like Gavin and others in Aberfeldy and highland Perthshire—please let them.

I want the Government to get over their Brexit demons—their anti-immigration, “stop people coming through” demons. I want them to do the right thing and match the efforts of our constituents. The parable of Jekyll and Hyde is that they were both finished off by not being able to keep their split personality in balance. It is up to the Government to get us back into balance and do the right thing by these refugees.

Changes in Immigration Rules

Kevin Foster Excerpts

Tuesday 15th March 2022 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

My right hon. Friend the Home Secretary (Priti Patel) is today laying before the House a statement of changes in immigration rules.

The main changes are as follows:

We have made changes to the immigration rules which will implement the plan for growth measures, including the launch of the new Global Business Mobility route, High Potential Individual (HPI) route and Scale-up route.

The sponsored Global Business Mobility route will simplify the UK immigration offer for business by bringing together, reforming and expanding various business mobility routes. It will provide routes for the following:

Senior executives and specialists undertaking temporary assignments at a UK branch or subsidiary of the business they work for—replacing the intra-company transfer route;

Graduate trainees undertaking a placement in the UK as part of a structured training programme—replacing the intra-company graduate trainee route;

Teams of workers sent to establish a new branch or subsidiary of an overseas business—replacing the sole representative provisions in the representative of an overseas businesses route;

Service suppliers undertaking work covered by one of the UK’s commitments on trade in services—replacing the service supplier provisions in the temporary work international agreement route; and

A brand-new provision for secondments to UK businesses in connection with high value contracts for goods or investment.

The Global Business Mobility route represents a world-leading offer for businesses. For the first time, teams of workers will be able to undertake assignments connected to a business’s expansion to the UK, thereby facilitating inward investment, while the new provision for secondments is a world-first in enabling collaboration between UK and international businesses. These new and reformed routes will make mobility across the UK border as frictionless as possible, while at the same time ensuring international trade serves the interests of British workers and our economy.

Delivering on the Government’s commitment to build back better, we are launching two new immigration routes, the Scale-up and High Potential Individual routes. These routes will provide UK businesses access to a more flexible pool of highly skilled workers.

The Scale-up route recognises the benefits these high-growth businesses offer to the UK and the need to ensure they are fully supported in maintaining this growth at a key time.

Unlike other sponsored routes, the Scale-up route will only require individuals to be sponsored for the initial six months on the route. This will therefore enable UK businesses to compete for the internationally sought after, highly skilled workers they need to take these important high-growth businesses from strength to strength.

To ensure the Scale-up route is an attractive offer for this much sought-after cohort, it will allow for extensions of stay and settlement. To qualify, individuals must demonstrate, through a minimum level of PAYE earnings, they are employed in graduate level occupations.

The new High Potential Individual route will make it as simple as possible for internationally mobile individuals who demonstrate high potential to come to the UK. It will be open to those graduating from top global non-UK universities, who hold a recently awarded degree, equivalent to a UK Bachelor’s or postgraduate degree. It will enable those who have already demonstrated their potential through academic achievement to come to the UK without a prior job offer. This will be a highly selective route with graduates of a limited number of universities eligible. The Home Office will update the list of eligible universities annually. Those granted will be given a two-year work visa—three-year for those with a PhD—and will be permitted to move into other long-term employment routes, subject to meeting the eligibility requirements. This route will support UK employers by enhancing the pool of the highly talented individuals available to UK businesses, by complementing the existing graduate route which allows a period of post-study work for international students graduating from UK universities.

To ensure the Global Talent visa continues to allow those at the very top of their professions a smooth application process, in consultation with our Global Talent endorsing bodies, we have further expanded the list of prestigious prizes which allow applicants to qualify without needing to apply for a separate endorsement decision.



We are also introducing a reformed route for settlement family life. This route applies to partners and parents who must complete a 10-year qualifying period in the UK before qualifying for settlement. People who have a 10-year qualifying period for settlement as a partner or parent begin to qualify for settlement in July 2022—the 10-year route started in July 2012 when Appendix FM was introduced—and the changes ensure they benefit from simplified rules.

We are also introducing a reformed private life route. This route introduces a number of changes for children and young people, including bringing the concession on early settlement, introduced on 20 October 2021, into the rules. It means children and young adults who have spent half their life in the UK can be granted settlement after a five-year qualifying period, rather than 10 years. This allows for a child who was born in the UK and who spent their first seven years here to qualify for immediate settlement. The reformed private life route also clarifies that where an adult has permission on this route, their children born in the UK during the parent’s time on the route can qualify for permission as the parent’s dependants. These rules allow for increased flexibility for applicants to count time on other routes to settlement towards their qualifying period, meaning when a person’s circumstances change their qualifying period for settlement does not have to start again. The changes also ensure an applicant with a criminal conviction resulting in a sentence of 12 months or more cannot qualify for settlement, and they make clear, where a person has breached other suitability rules but nevertheless been granted permission to stay in the UK, they must complete a 10-year qualifying period, and at least five years showing compliance since the breach, before they can qualify for settlement.

The changes to the private life route also aim to ensure applicants on the private life route benefit from simplified rules.

Changes are also being made in respect of the EU Settlement Scheme (EUSS), which enables EEA and Swiss citizens resident in the UK by the end of the transition period, and their family members and the family members of certain British citizens returning with them from the EEA or Switzerland, to obtain the UK immigration status they need to continue living in the UK. Some changes are also being made in respect of the EUSS family permit, which enables relevant family members to travel to the UK.

In particular, these changes reflect the concession arrangements in place outside the rules for an EUSS family permit to be issued in place of an EEA family permit in certain circumstances. These arrangements reflect the closure of the EEA family permit route after 30 June 2021 and enable those covered by them to apply to the EUSS following their arrival in the UK.

The changes also enable a dual British and EEA citizen who exercised free movement rights in the UK before acquiring British citizenship and who has retained their EEA nationality of origin—known as a “Lounes” dual national, in line with EU case law—to sponsor relevant family members under the EUSS and the EUSS family permit in some additional circumstances. These are where the dual national acquired British citizenship without having met free movement requirements to have held comprehensive sickness insurance in the UK as a student or self-sufficient person.

There are also changes on validity of applications and about variation of applications.

Finally, the seasonal worker route is being expanded to include roles in ornamental horticulture, to support our distinguished flower growers in the UK. A new minimum hourly pay requirement has been added to the route to require that all workers will be paid at least £10.10 per hour. This will be equal to the minimum hourly rate that those applying on the skilled worker route are required to meet to discourage poor conditions often seen in the sector.

[HCWS680]

Ukrainian Refugees

Kevin Foster Excerpts

Monday 14th March 2022 Westminster Hall

[Catherine McKinnell]

I absolutely agree; the hon. Lady’s point is very well made. I have no doubt that every Member contributing today will have heard such stories from our constituents about their family members who they are desperately trying to help. They have come to their MP for help, but so many people do not have that support available, and that my heart breaks for people who are encountering these challenges and do not know where to turn for help.

Speaking to the Home Affairs Committee last week, the Ukrainian ambassador himself seemed genuinely surprised to hear that the current scheme only applies if a relative has settled status, and that this had not been extended to all Ukrainians living here legally. The Home Secretary said on Thursday that she is looking at broadening that eligibility to include Ukrainians on time-limited work or study visas, so I hope the Minister can give some reassurances and further detail on that point today, to put minds at rest that that hurdle, at least, has been addressed by the Government.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

Might I be helpful? I appreciate that the hon. Lady would not have heard this statement before coming into Westminster Hall, but it has just been announced in the main Chamber that those with limited immigration leave will also be able to act as sponsors provided that they have six months’ leave to be here in the UK, given the six-month minimum for providing housing.

[Catherine McKinnell]

Okay. The second route, the “homes for Ukraine” programme, has been announced in the Chamber today. As I understand it—I am happy to be corrected, because we have only just received the details—this route allows charities and individuals to sponsor Ukrainians to come here even when they have no family ties, and to stay with members of the public for at least six months and remain in the UK for three years. My understanding is that people will be paid £350 a month during the period of sponsorship, and local authorities will receive around £10,000 for refugees using this route. In practice, this scheme is likely to be extended mainly to Ukrainians already known to people in the UK.

As Members are aware, a statement on this matter is currently ongoing in the main Chamber. We will need to look at the details more fully, but what we do know is that these initiatives are still quite limited: they cover only selected people, those lucky enough to have family members here or to be chosen for sponsorship. They do not offer all Ukrainians fleeing violence the opportunity to come to our country as refugees. It should come as no surprise that in stark contrast to many of our European allies, the UK had issued just 4,000 visas as of Sunday afternoon, according to the Home Office.

The Home Secretary repeatedly raises security as a justification for the Government’s approach. Security is by no means a trivial issue, but it is difficult to see what security has to do with the Government’s decision to mostly restrict access to selected family members of people settled in the UK. People arrive in the UK with all kinds of challenges, and we deal with them. Are the hugely restrictive schemes not just a policy choice that the Government have made for whatever reason, rather than a response to a specific security threat? If security concerns underpin the Government’s approach, how does that fit with the suggestion made by the Secretary of State for Levelling Up, Housing and Communities and Minister for Intergovernmental Relations, the right hon. Member for Surrey Heath (Michael Gove) that the public could find people to sponsor on social media? Is that really the safest way to go about that, if security is the main concern? It is telling that Germany, France and Spain, which no doubt share concerns about security within their borders, have not used that same rationale. I am afraid to say that it looks like the Government are searching for reasons for the highly limited and restrictive approach they have taken throughout the crisis. The Minister may give a response that explains and clarifies that for Members, but the public are struggling to understand.

Even the distinctly ungenerous design of those two schemes have been surpassed by the chaos and the confusion over how desperate Ukrainians are supposed to even access them, which has seen Ministers at times openly contradicting one another. The list of requirements that Ukrainians have faced is dizzying. First, they must create an online account on the Home Office website, and fill in a detailed application form in English. They must then upload proof that their family member has residence in the UK; they must prove that they were living in the UK prior to 1 January 2022. Evidence must then be provided of the link to the family member in the UK, and if they do not have that, they must provide an explanation why. If that documentation then needs to be translated from Ukrainian or Russian into English, the applicant is responsible for ensuring that happens. Before tomorrow’s changes, even those with full documentation had to book and attend appointments to give biometrics, including fingerprints, in person at UK visa application centres. Those without passports will still have to. As Ukraine’s ambassador told the Home Affairs Committee last week, most people do not have their passports with them—their homes were burned.

Many people who braved the journey to Calais found only a handful of Home Office officials, handing out crisps and chocolate bars before telling them that no visas would be issued there. Ukrainians were advised to call a UK number, visit a website or travel elsewhere—not the easiest thing to do when they have just arrived from a war zone. Disturbing news reports show children bursting into tears after hours of queuing outside UK visa application centres in sub-zero temperatures.

Many constituents who have contacted me have come to their own view on this: that the bureaucratic complexity and apparent indifference to the suffering of Ukrainian refugees is entirely consistent with the Government’s overarching migration and asylum policy, under which anyone hoping to enter the UK is met with a system that is grudging, inefficient and designed to keep them out no matter what the costs on the other side of the ledger. One constituent contacted me seeking support to bring his family to the UK. After many anxious hours and days, his family managed to progress the case. He sent me a message saying,

“I am ashamed at the way this current government is treating Ukrainian refugees”,

and that while they eventually managed to obtain support,

“there will be many who don’t have the ability to receive that help”.

Another constituent added,

“I weep when I see elderly people queuing in sub-zero temperatures outside well-heated offices that they have had to travel extra distance to after their exhausting flight from bombs and war.”

A further constituent stated,

“I am hugely disappointed by our Government’s slowness to provide a safe haven for Ukrainian people.”

Others have described the response as “woeful”, “inhumane” and “overly bureaucratic”.

Too many times over the last few years, such as with Syria and Afghanistan, our Government have been too slow and too bureaucratic to respond in times of crisis. Ukrainians are just the latest victims. The Home Office must urgently co-ordinate the systems and staff necessary to run a humane and efficient admissions process—one that recognises that people fleeing a war zone are not necessarily going to have all their papers in order.

Before I conclude, I want to ask the Minister some specific questions. First, there is no doubt that the scale of the crisis is immense, with over 2.8 million already fleeing Ukraine and millions more to come. It is a disaster on a scale our continent has not seen since the mid-20th century. It is a huge challenge for the UK and its allies to deal with. It was also predictable. The Government have had intelligence that a Russian invasion of Ukraine was likely for some time. Presumably, Ministers also received advice on the unimaginable scale of the refugee crisis and the options available to help manage it, yet, clearly a decision was taken to help only a very small number of Ukrainians reach the UK. When the Minister responds, can he explain how and why the Government arrived at this decision and why, when we have known that this may happen for some time, the humanitarian sponsorship route has only been revealed today?

Secondly, the economic fallout of this war will not be confined to Russia and Ukraine. In the UK, we already know that the sanctions imposed on Russian oil exports will heighten pre-existing pressures on household finances. Humanitarian agencies have warned that the devastating effects will be felt especially by the world’s poorest. In Lebanon, for example, a reliance on imports from Ukraine and Russia has led to acute shortages in wheat, grain and cooking oil and skyrocketing food and fuel prices. Can the Minister confirm that, from now on, the Government will respond with the long-term vision that is required and that we will provide the support, while ensuring that it does not take away from the budgets we have already committed to help the humanitarian consequences of this crisis elsewhere?

There are Ukrainians already in the UK, including students sponsored by universities who are coming to the end of their course and whose leave to remain will come to an end soon. Understandably, many of them will not be able to return to Ukraine. Instead of granting concessions, as it has done with HGV drivers, pork butchers and seasonal workers, the Home Office appears to have the policy of making every single individual contact the Home Office separately. There is a risk that the Home Office will force them to make human rights or asylum applications, which will add a further administrative burden to the system.

My constituency office is still working to support people who arrived from conflict zones four or five years ago. Some were unaccompanied children, and they are still waiting for decisions on their cases. It makes no sense to force Ukrainians legally present in the UK to compete with Syrians and Afghans for the attention of over-stretched Home Office officials. Will the Government look at a way to automate this process for Ukrainians already in the UK?

As I understand it, same-sex marriage is not recognised in Ukraine. LGBT people might find it harder to prove their relationships to sponsors and their families. What are the Government doing to ensure that LGBT relatives and partners can get out of Ukraine safely without facing discriminatory barriers? On the sponsorship route, how many refugees do the Government anticipate will come via this route, given that it is likely to be restricted to people who are already known to people in the UK? Can the Minister confirm which families will have access to universal credit once the sponsorship ends? How will we deal with the obvious safeguarding concerns around the placing of vulnerable people—mostly women and children?

The Home Affairs Committee heard evidence that some staff working at TLScontact are taking what would be seen as an opportunistic approach to people attending visa application centres, recommending to vulnerable groups that they pay extra money to get an early appointment. Are the Government aware of this commercial, predatory approach that is being taken to a humanitarian disaster, and are they taking steps to deal with it? In November, the Home Secretary was warned by the independent chief inspector of borders and immigration that customers at visa application centres often felt “forced to pay” due to a lack of free appointments and difficulties uploading documents. What action has been taken in response to that warning? Can the Minister also confirm that the Home Office is not offering its own paid services to expedite applications?

The Prime Minister has said that,

“The UK is way out in front in our willingness to help.”

Willingness is one thing—I would hate to think what unwillingness might look like, when our Home Secretary has gone so far as to imply that the Irish Government’s welcoming policy has put UK security at risk.

The petition calls on the Government to join the EU in waiving visa requirements for Ukrainian passport holders arriving in the UK. Everything we have seen so far suggests that the Government intend to respond by merely tweaking existing managed migration routes. However, the crisis will not go away any time soon. It will only get worse as President Putin targets more Ukrainian cities in his destructive war on civilians. Future waves of refugees are likely to be even more vulnerable, as those with fewer resources and connections will be the last to escape.

The petition’s creator, Phillip Jolliffe, contacted me in advance of this debate and said,

“I have been lucky to work with several Ukrainian engineers over the years. I have been in contact with some, and I fear the safety of others. I have heard back from one friend, he has already volunteered and deployed with his unit. It is hard for me to fathom the idea of men I worked with having to pick up arms and wave goodbye to their children. Last I heard, his wife and child remained in Kyiv. I feel great shame and frustration that they cannot come to the UK and receive shelter and aid—it is here waiting for them.”

Across Europe, the response to the Ukrainian invasion—even in some countries that have generally been quite hostile to refugees—has served only to highlight the UK’s shameful policy. It is time for the Government to change course. If 27 European countries can do their bit, so should we.

The public response to this crisis—including this petition, which surpassed the 100,000-signature threshold for debate in such a short space of time—has shown that the British public have big hearts and open arms. They clearly do not want us to offer half-hearted, begrudging support, with painfully difficult conditions attached, to fleeing Ukrainians. The Government do not have to allow unlimited numbers of people to stay in the UK indefinitely, but they must treat this situation as what it is: a humanitarian crisis.

This country has offered sanctuary to those fleeing war on the European continent in generations past. Ukrainians who came here after the second world war have become an integral part of many local communities up and down the country, and many are doing what they can to help their fellow Ukrainians in this moment of unprecedented crisis. As we look to be entering a new era in world politics, exemplified by President Zelensky’s historic address to this House, it is time for us to genuinely and open-heartedly offer that sanctuary again.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

It is a pleasure to serve under your chairmanship, Mr Gray. I thank the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) for opening the debate, and colleagues for their insightful contributions on a vital issue, although, given some of the comments in the debate about attendance, I do note that the clash with the statement in the main Chamber meant that people who may well have wished to participate in this debate decided to attend that instead. Some of the points being raised here were obviously literally being answered in the Chamber as we were sitting here, deliberating on this petition.

Putin’s war on Ukraine is monstrous and unjustified, and this country stands shoulder to shoulder with the brave Ukrainian people against his unprovoked aggression. We have stepped up with our response, which includes giving Ukraine the means not only to defend itself but, ultimately, to drive the invader from its lands.

A number of points were raised during the debate, and I will briefly cover and go through them. A number of colleagues asked about passports, and one reason why we moved to the idea of the route without biometrics and based on passports was what we saw in looking at the analysis of those who had presented themselves, wanting to apply. In something like the first 2,000 people who presented themselves, fewer than 100 did not have a valid Ukrainian passport. Let me be clear that we are talking about a valid Ukrainian passport; we are not detailing the type of Ukrainian passport—those familiar with Ukraine’s passport will know that it started issuing a new type of passport seven years ago—provided that it is valid. The vast majority have brought their passport with them.

On the question of whether we are offering paid priority services, I think we would all agree that it would be, frankly, immoral to offer a paid priority service in the family scheme, and I can certainly say to colleagues today that we are looking to suspend, across UK Visas and Immigration, our super priority and priority visa services. We will still prioritise people in the wider system who have compelling and compassionate circumstances—for example, someone seeking to travel to the UK for a funeral or perhaps someone who needs urgently to take up a role in the NHS. But we will look to suspend the general priority service—again, to free up UKVI resource. I think we all realise that it is actually right that at this time as many of our decision makers as possible are prioritised to this particular route rather than our normal type of priority visa services. Certainly, people should not be being charged at a VAC when they are looking to make applications to this route, and that is something that we are clear on. Also, suspending the wider priority visa services clears up any confusion if people inquire about the wider migration system while at that particular visa application centre.

I hope that colleagues will appreciate why it would not be particularly sensible to go into exact details on what safeguarding checks will be done on those who offer to sponsor people coming to the UK, but yes, safeguarding checks will be performed, as in the devolved Administrations. I think hon. Members will understand why it would not be sensible for me to start reading out the list of exactly what we will do and what we will check. Safeguarding checks on people who offer to be sponsors will be in place, because we are conscious that many of those being sponsored will be vulnerable, whether they are adults or children.

[Anne McLaughlin]

As well as asking for that, I asked about the people who are then placed with a family or with somebody who has a spare room. How will we ensure that they have the knowledge, the means and the confidence to reach out for help? Somebody who is taken in will be extremely grateful because they no longer have bombs raining down on them, but they may feel uncomfortable, or something may go wrong, and they may not want to report it. How can we ensure that people in that situation—primarily women and children—are able to do so?

[Kevin Foster]

That is a good point. Some funding is being offered to local communities. I take on board the point made by the hon. Member for Strangford (Jim Shannon) about the slightly different structure in Northern Ireland, as we saw with the national transfer scheme for unaccompanied children, reflecting the devolved structure there. We are providing a funding package to local councils; I appreciate that hon. Members taking part in the debate will not have heard the statement in the main Chamber, but that is something we are working on.

I think it is safe to say that I and the Scottish Government have not always got on particularly well, but on a serious note, I welcome their genuinely constructive offers. I have had brief conversations with Neil Gray—he is co-ordinating for the Scottish Government, as Lord Harrington is for the UK Government—about what work they can do on those points. As colleagues have said, speed and getting people in are becoming essential. How can we do that?

My own community does not have the experience of Glasgow, for example, in welcoming communities of asylum seekers. That should not become a delaying factor across large parts of the UK, and balances need to be struck. There are funding packages to try to create that support. I also recognise that there are wider debates around how we can ensure that support is provided. That is what colleagues in the Department for Levelling Up, Housing and Communities will be working on closely.

[Andy Slaughter]

If families do manage to reach the UK and do not have immediate offers of accommodation, which is happening—I gave the example of a family who could accommodate people, but others, perhaps in overcrowded social housing, will get relatives who they will not be able to accommodate—where should they go? Is the Minister saying that they should go to the local authority, which will say, “Yes, we have funding from the Government,” or is there some other solution?

[Kevin Foster]

There is a slightly different position for those who are already in the UK. The hon. Gentleman made a point earlier about people who are fearful of being asked to leave, and I reassure him that there is no prospect of removals to Ukraine. I will not, and clearly cannot, put a timeframe on that, but at this moment, any removals action has been suspended. That includes our voluntary returns; again, that would clearly be quite a bizarre thing to encourage at the moment. There is no prospect of someone from Ukraine who is ordinarily resident in Ukraine—there is a slight difference from Ukrainian nationals—being asked to return. We have already automatically extended a number of visas for those who are already here with temporary status as a skilled worker or student. There is no need, at this stage, for them to apply for anything. Of course, if someone’s status is due to expire, they can certainly get in contact.

There is no intention that people will need to leave this country, and even if that were the case, there is in reality no practical returns route anyway. To be very clear, Ukrainian nationals who are here lawfully do not need to leave, and we will make further announcements and confirmations over the next few weeks about the position looking forward. I think most of us would accept that the priority at this stage needs to be those who are in Ukraine and looking to make preparations in case they need to leave. We are particularly aware that there are large numbers of people in western Ukraine who, depending on what happens in the coming weeks with the military campaign, may move into Poland, Slovakia or Hungary if Russian forces come closer. Of course, we hope that that does not happen; we see the defence of Kyiv being mounted, and I think we can be confident that Ukraine is halting what was a Russian advance in that direction.

As I say, people here in the UK do not need to apply for different statuses, and later this year we will confirm the position on future entitlement to settlement and in other areas. However, I think we would all accept that at the moment there are very few Ukrainians arriving who are particularly focused on a potential indefinite leave to remain application in 2027.

[Jim Shannon]

I thank the Minister for his constructive and positive response. I asked about the £350 per month and the £10,000—the different systems—and he has referred to that in his response. I am happy if he wants to write to me to let me know how the system will work. I gave the example that, in my constituency, we have 100 families who are willing to give accommodation, and we have 100 job vacancies available in one company, right now. Time is of the essence. How can we make that happen?

[Kevin Foster]

I thank the hon. Member for his constructive comments. A lot of that will be around the sponsorship route. My understanding is that the £350 will be given to the sponsor—the person providing accommodation. I take on board his point about the payment that will go to local authorities; it is a very different context in Northern Ireland, given the slightly different responsibilities around things such as children’s services, as we recognised in the NTS. It is probably better that I set out in writing the detail of how that will break down.

Another query was about those who have already applied for a visa who get a grant letter but do not have the vignette put in their documents or their passport, which is normally when there is a request to go back to the VAC. As of tomorrow, if someone has the grant letter, that will be enough to travel to the UK with a carrier, in the same way as the permission to travel letter system that we will establish and open from tomorrow. Again, we are looking to minimise the number of people who have to make appointments at VACs and go and collect particular forms of documentation.

[Daisy Cooper]

Will the Minister confirm whether people who have an appointment booked but do not yet have a form will be able, from tomorrow, to travel to the UK without that form? And what about people who have had their appointment, and who have applied and filled everything in, but are still waiting for the form to come back? There are two different types of people there.

[Kevin Foster]

Those who have not yet submitted their biometrics will have two options from tomorrow. The first is to make a separate application for permission to travel under the new system. They will get a PDF form emailed to them. Some people have asked whether the letter is posted—no, it will be emailed. By the way, that form can be shown on a phone, or it can be printed out by a friend or colleague. There do not need to be individual smartphones; if a family has one phone, they can show multiple forms on that phone. Again, we want to reassure people that we will not expect everyone to have a phone with the form on it.

If someone has already submitted their biometrics and they get a letter that says they have got their visa—the decision letter—under a normal visa process they would go back to collect the vignette in their passport that allows them to travel. My firm understanding is that, as of tomorrow, they will be able to show that letter saying that they have a decision with their passport and travel to the UK, rather than going back to the VAC to collect the vignette. If they have not yet done their biometrics, they can instead apply through the permission to travel scheme—the new scheme that we are launching tomorrow—and, if they get permission, proceed to the UK and sort out their biometrics up to six months after arrival. We will not be taking biometrics at the border, because we are looking to facilitate travel into the UK. Once people have a decision letter with their passport, they will be able to travel.

Obviously, if someone does not have a valid Ukrainian passport, it is still the process that they need to be documented. In many cases, people do not have any documents. They need to get a document that allows them to board an aircraft regardless of their destination, particularly if they are looking to travel by air from eastern Europe rather than ending up on a relatively gruelling land journey. That probably covers some of the points raised.

People have made comparisons to the Afghan system. Lessons are being learned. A lot of people are still in hotels. We had a great effort to get people out of Kabul, but it is safe to say that, put simply, offers for rehousing have not come forward from communities across the UK. There is certainly a challenge there. I was struck by the comment by the hon. Member for York Central (Rachael Maskell) that all must take part. We see communities, such as Glasgow, that always step up. That is our biggest dispersal area and steps up in every refugee resettlement situation. It stepped up for Afghans and for Syrians, and I am sure the community will step up again in this context.

[Stephen Kinnock]

Will the Minister give way?

[Kevin Foster]

In a moment. I then look at other areas, and it is perhaps a tale of two cities. Edinburgh, which is not that far away, does not take part in the dispersal area system for asylum seekers. I am regularly struck by the arguments that all must take part. That is certainly another item that we will be looking at closely.

[Anne McLaughlin]

Will the Minister give way?

[Kevin Foster]

I will take an intervention first from the Labour shadow Minister, and then I will come back to the hon. Lady.

[Stephen Kinnock]

I thank the Minister for giving way. On the point about who is stepping up, I am sure he will be aware that, based on the current figures, councils that are led by Labour are taking between six and seven times more refugees than councils that are led by the Conservative party.

[Kevin Foster]

I am keen to encourage all to take part. I think there are only five councils that have not offered in principle to take part in the Afghan resettlement scheme. The hon. Gentleman will note what we recently did with the national transfer scheme, where every council in the UK—I acknowledge that it is done slightly differently in Northern Ireland—is now mandated to take part in the process around unaccompanied asylum-seeking children. He will also note the references I have just made to dispersal accommodation in relation to asylum seekers.

I am struck that there are communities that step up every single time, including in places such as Stoke-on-Trent with Conservative-led councils. In other areas I hear demands that people do things for asylum seekers, yet when we approach them about becoming a dispersal area, they seem strangely quiet.

[Anne McLaughlin]

COSLA, the Convention of Scottish Local Authorities, has told the Minister and his colleagues—as have I—that every one of the 32 Scottish local authorities, in addition to taking in refugees under the Syrian resettlement scheme, would be happy, if it were appropriate in terms of wraparound services and if there were any support, to take part in the asylum dispersal scheme. The problem is that the Government expect the councils to carry all the costs associated with that. There is no excuse; if the Minister is going to start supporting the councils, they will start chipping in with the scheme as well as with the refugees.

[Kevin Foster]

What I find interesting is that I regularly hear how it is about moral duties and that people should be taking part, but I have to contrast that with the situation that the hon. Lady has alluded to in Scotland, where 31 out of 32 local authorities are not dispersal areas, including the city of Edinburgh. The only place in Scotland that is a dispersal area is the city of Glasgow.

[Joanna Cherry]

On Edinburgh—

[James Gray (in the Chair)]

Order.

[Kevin Foster]

I will take an intervention in a moment. The only dispersal area in Scotland is Glasgow—I am certainly happy to confirm that to the hon. and learned Member for Edinburgh South West (Joanna Cherry). However, we have taken on board representations from local government, and we are engaging with local councils about how we alter the funding system. Still, it is a fair point that there are plenty of communities across the country that have made huge efforts to support the current dispersal system and there are others that have refused. With that, I give way to the Member for Edinburgh.

[Joanna Cherry]

I am not the Member for Edinburgh; I am the Member for Edinburgh South West. It is quite a big city with several MPs. The Home Office’s own figures on section 95 asylum support show that, thanks to the efforts of Glasgow City Council, the percentage located in Scotland under that scheme is more than Scotland’s population share and higher than any council in the United Kingdom. We are taking more per capita in Scotland than our population share.

In relation to Edinburgh, would the Minister care to apologise to Edinburgh City Council, which has made one of the most successful and generous contributions towards the resettlement of refugees? I have worked very closely with the council on that. He has made his point about asylum; would he like to acknowledge Edinburgh’s world-renowned contribution to the resettlement of refugees?

[Kevin Foster]

Again, the hon. and learned Lady has highlighted how well Glasgow is doing. Earlier in my speech, I cited how Glasgow steps up every time, but the fact is still absolutely the same: Edinburgh is not a dispersal area. Thirty-one of Scotland’s 32 local authority areas are not dispersal areas—that is a straight fact.

[Joanna Cherry]

rose—

[Kevin Foster]

I will happily give way, but a fact is a fact.

[Joanna Cherry]

I did not ask the Minister about asylum; I asked him about resettlement of refugees. I am sure he must understand that there is a difference. He has had his wee go at Edinburgh about asylum. Now I am asking him, in fairness, to recognise Edinburgh City Council’s sterling contribution towards the resettlement of refugees. As he knows, Scotland has taken more Syrian refugees per capita than anywhere else in the United Kingdom, and that is largely due to Edinburgh. Will he have the generosity to acknowledge that?

[Kevin Foster]

I am happy to acknowledge all the generosity that there has been across Scotland in terms of the resettlement schemes, but the point still stands. It is rather odd to say, “There’s a lot being done on dispersal accommodation in Scotland because of one council down the road, yet the place I represent doesn’t need to take part in that.” As I say, we will be looking to reform the scheme, but it is perfectly fair to point out that plenty of communities across the United Kingdom step up for refugees and are part of our dispersal accommodation system, no matter how people try to argue it.

[Catherine West]

I will try to help the Minister with a different point. He has mentioned the Syrian scheme and the two Afghanistan schemes, and now there are at least two schemes for the Ukrainian conflict. Broadly, off the top of his head, where are we with the Afghanistan scheme? Obviously, we do not know how many more applicants to the Ukraine scheme there will be, because Ukraine is currently 18 days into the most dreadful war. Broadly speaking, we think we know what happened with the Syrian scheme, but could he tell us about the Afghanistan scheme?

[Kevin Foster]

As the hon. Lady will appreciate, the situation in Afghanistan presents some unique difficulties. Of course, we cannot—

[Several hon. Members rose—]

[Kevin Foster]

I will come to colleagues, but I will deal with the hon. Lady’s intervention first. We are still helping people get out of Afghanistan. I hope she appreciates why it would not be sensible for me to go into some of the routes and methods that they use to exit Afghanistan at this time, but we have certainly made strong progress. There is a challenge now, and my colleague Minister Harrington will be looking at how we can move people on from hotels. As I say, one of the points that we have learned from the scheme is about trying to pair up the accommodation and give more people an opportunity to take part. However, our cohort from Afghanistan is slightly more difficult, given that we brought out mostly larger families. In the case of Ukraine, it is mostly single women with children, given that men between 18 and 60 are required by Ukrainian law to stay and fight.

I will give way to the hon. Member for Strangford and then I will make some progress.

[Jim Shannon]

I thank the Minister for the Afghan scheme. We in Northern Ireland have been very active in responding to that. In my neighbouring constituency of North Down, which has become the central point for bringing people from Afghanistan, people have been in the Marine Court hotel for seven months. We are very keen and anxious to get them into the jobs and accommodation that we have spoken about in the past. Can the Minister give us an update on when he hopes to see those people filtering out into the constituency?

[James Gray (in the Chair)]

With regard to Ukraine, Minister.

[Kevin Foster]

In terms of Ukraine, we hope to set things forward very quickly. The hon. Gentleman will be aware of the statement made by my right hon. Friend the Secretary of State for Levelling Up, Housing and Communities in the House earlier.

I am conscious of the time and that votes are due again. Given the petition’s call, I want to be clear that, as stated by the Prime Minister and the Home Secretary, we do not believe that a blanket visa waiver is the right way forward—a position that appears to have been endorsed by the Opposition, given their call for visas rather than waivers, with biometric checks included. Normally, security and biometric checks are a fundamental part of our visa process, in order to keep people in this country safe and ensure that we can identify those entering our country. That is consistent with our approach to the evacuation of Afghanistan.

Although it is easy to dismiss, it is vital to keep British citizens safe and to ensure that we are helping those in genuine need. Sadly, we are already seeing people presenting false documents, claiming to be Ukrainian and seeking to enter the UK, including some whom Border Force has subsequently identified as being of other nationalities and having no links to Ukraine. This should not detract from our work creating safe and legal routes for Ukrainian nationals to come to the UK.

[Marion Fellows]

I congratulate the Minister on dancing on the head of a pin so well. Could I also point out to him that my own area, North Lanarkshire, has taken refugees from the Democratic Republic of the Congo and Syria and is taking refugees from Afghanistan? We have a long history of taking refugees without UK Government intervention, going right back to 1919.

[Kevin Foster]

We look forward to that area signing up to be a dispersal area as well then. I will be very pleased to take that forward.

Using a visa process means that processing can be controlled and vital security checks carried out, including ensuring that the people coming are actually Ukrainian, meet our eligibility criteria and do not present a risk.

[Rachael Maskell]

Will the Minister give way?

[Kevin Foster]

I have given way quite a lot; I need to make some progress.

We have announced our bespoke Ukraine family scheme. That scheme significantly expands the ability of British nationals, people settled in the UK and others to bring family members to the UK, extending eligibility to adult parents, grandparents, children over 18, siblings, aunts, uncles, nephews, nieces, cousins and in-laws, and all of their immediate family members. We have ensured that the scheme is easily accessible, fee-free and does not include any salary or language requirements.

We recognise though—again, as has been said today—that we need to speed things up. Therefore, as announced by the Home Secretary last week, in order to further support the Ukrainian people, from tomorrow, holders of Ukrainian passports who are outside the UK will no longer be required to provide their biometric information when making applications under the Ukraine family scheme. Once applications have been processed, individuals will receive a permission letter sent electronically enabling them to travel to the UK, and will not be required to collect a vignette in their passport. They can either print that letter or show it on any smart device, including a family member’s smartphone or device if they do not have one of their own. Those granted status under this scheme will be able to come to the UK for three years, with the right to work and access benefits. Applicants who hold identity cards and do not have a valid passport will still need to attend a visa application centre in person and provide their biometric information, but this new system will mean that our VAC capacity can focus on those who need it.

The Prime Minister has also announced plans for a scheme to introduce a new sponsor group to enable Ukrainians with no ties to the UK to come here, with more details having been announced in the main Chamber this afternoon. That scheme is completely uncapped, and to help colleagues, a “frequently asked questions” section has just gone live on gov.uk.

[Rachael Maskell]

I am grateful to the Minister for giving way. Could he say how long it will take for a family with no family connection in the UK coming through the Homes for Ukraine scheme to be placed with a family here? [Interruption.]

--- Later in debate ---

[James Gray (in the Chair)]

The Minister was on his feet when we were interrupted.

[Kevin Foster]

Thank you, Mr Gray. I have not forgotten the intervention, and I have had an unusually long time to think about it. In terms of the timescale, from today individuals and organisations can register their interest in becoming sponsors. Applications will be open for individual sponsors and named beneficiaries from Friday. We aim to expedite decisions quickly. Again, some of that will slightly depend on how many we have come forward. But we are certainly keen that, very quickly after Friday, the first people will be able to arrive under the sponsorship scheme. As we say, there will be safeguarding checks—there will be checks on the individuals—but the approach will be around ensuring that we can expedite decision making as much as possible. I would reassure Members that we will be working with the devolved Administrations and others where appropriate on the type of checks—again, where possible, with a view to the speed. I would also make the point that there is no limit on the sponsorship scheme; there is no set amount—we could think of other schemes where we have set a particular ceiling or quota, but there is no limit, except in terms of the offers that come forward.

Making the scheme a success will require the whole of society to come forward and show our heartfelt concern and solidarity, as we did as a society 80 years ago, when many communities across this nation welcomed evacuees from the industrial cities and the potential landing grounds for an armed invasion of this country. Many formed lifelong friendships afterwards. This country has a history of being generous, and the scheme will facilitate that.

We do want the wider diaspora in the UK. I also take on board the point that people have made: ultimately, the goal is not to evacuate Ukrainians from Ukraine, to serve Vladimir Putin’s purpose but, in the long run, to ensure that people who have had sanctuary here and in other European countries can return to a free and democratic Ukraine, with the invaders driven from their country. That is our ultimate goal, but we will ensure that people are able to come and take advantage of the generous offers that people are making.

We are in unique times. We have brought forward two major schemes at rapid speed. We recognise that colleagues want us to go faster, and we will. As I am speaking, more visas are being granted and, from tomorrow, permissions to travel via the new simplified procedure will be introduced.

We believe that this is a country that wants to stand beside the people of Ukraine and to demonstrate solidarity by making offers to provide housing into which we can welcome them. We can all contrast this generosity, this solidarity, with the vicious campaign that Russia has unleashed on innocent civilians, bombing maternity hospital and shelling residential areas—a type of barbarity that we hoped we had seen the end of in Europe 80 years ago, and which our grandparents fought to end at that time, making such sacrifices.

We think of the sacrifice that the Soviet people made to defeat Adolf Hitler. Over 20 million Soviet citizens lost their lives in that conflict. To see what is being done in the name of the Russian people by their own Government is absolutely tragic, but the hope that we can take from 80 years ago is that despots and dictators who thought that they could conquer Europe soon found themselves in the annals of history, having been defeated by free and democratic peoples who united to defeat them. That is what we are doing against Putin’s Russia, and soon that will be the victory that is secured by the Ukrainian people.

Ukraine: Urgent Refugee Applications

Kevin Foster Excerpts

Tuesday 8th March 2022 Commons Chamber

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)]

(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on how her Department can speed up the urgent refugee applications coming from those leaving Ukraine.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

President Putin’s invasion of Ukraine is a barbaric and unprovoked attack and we stand shoulder to shoulder with the Ukrainian people. He must fail in Ukraine.

This Government have brought forward a generous humanitarian offer to those Ukrainians who want to come to the UK to escape the conflict. Last week, the Home Secretary announced a new Ukraine family scheme for those with family ties to the UK, and we are extending the scheme further to include aunts, uncles, nephews, nieces, cousins and in-laws. The scheme went live last Friday and has already seen over 10,000 applications submitted, for which over 500 visas have been issued, with more being issued as we speak. We have also announced that we are setting up a new humanitarian sponsorship visa, and we are working at pace with our colleagues in the Department for Levelling Up, Housing and Communities to set that up. We will also work with the devolved Administrations.

We have made significant progress in a short space of time, on top of the first phase of the package that my right hon. Friend the Home Secretary set out to the House last week. I also remind the House that a crucial part of the application process is providing biometrics so that we can be sure that applicants are who they say they are. Sadly, we are already seeing people presenting at Calais with false documents claiming to be Ukrainian. With incidents like Salisbury still in our minds, the Government will not take chances with the security of this country and our people. Our friends in the United States, Canada and Australia are rightly taking the same approach as we are.

I would like to update the House on the measures that we are taking to speed up and process the applications and to ensure that we can help applicants as quickly as possible. We have surged staff to key visa application centres across Europe, particularly in Poland, and moved more biometric kit to support them. We have ensured that casework teams are standing by in the UK to process applications to ensure that there are no delays.

We will also establish a larger presence in northern France to help Ukrainians in the region. It is essential that we do not create a choke point at places like Calais, where dangerous people smugglers are present, and ensure the smooth flow of people through the system from across Europe. Alongside that, we are working with our embassies around the world to ensure that we use our diplomatic channels to support our efforts and to provide the latest information.

We have taken decisive action. We are now providing regular public updates on our casework numbers and we will continue to keep the House updated on this progress.

[Sir Geoffrey Clifton-Brown]

I thank my hon. Friend for that comprehensive answer. It is very impressive that the Prime Minister and this Government have taken such a world-leading role, uniting the west in imposing one of the toughest sanctions regimes and providing military support for Ukraine.

However, the UK has always been generous in admitting refugees, especially in times of crisis in Europe, dating back to the Huguenots. Concerned constituents have contacted me, so will my hon. Friend tell the House how we can speed up the necessary processing of refugees leaving the truly awful situation in Ukraine? Will he also update the House on what is happening in Calais, so that they can be processed either there or close by with transport provided?

I understand that we require a process to securely check applications that are made not only for security reasons, but so that we can provide support in this country. However, we surely could speed the process up by, for example, rewashing biometric and other data that we already have. We need not only efficiency, but humanity when processing applications of refugees from Ukraine and we should warmly welcome those refugees to this country.

[Kevin Foster]

I thank my hon. Friend for the way in which he put his questions. He is right that we as a country have stood forward to support Ukraine, not least in supplying it with the weaponry that is being used to defend people’s homes and to push back this barbaric and unprovoked attack on their nation.

I appreciate that there are concerns. We are training new caseworkers, who, as of tomorrow, will take more decisions. We are looking to review what we can and to use some of the technology that we have—for example, around what we deployed for the British nationals overseas route and how that could be brought into effect. We are also reviewing some of the requirements on biometrics for under-18s to free up visa appointments in visa application centres.

On my hon. Friend’s specific points on northern France, we are looking to establish a presence in Lille and potentially looking at transport options from Calais to Lille. There are issues with providing particular application points at the port, but we are looking at how we can do it, and we expect that to be set up within the next 24 hours.

[Mr Speaker]

I call the shadow Home Secretary.

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

It is deeply disappointing that the Home Secretary is not here to respond, given the gravity of the issue—especially after she gave wrong information to the House several times yesterday.

Two million refugees have left Ukraine. Other countries are supporting hundreds of thousands of people; the Home Office is currently issuing about 250 family scheme visas a day. Most people want to stay close to home, but some want to come here to join family or friends, and we should be helping them. Instead, most people are still being held up by Home Office bureaucracy or are being turned away.

Yesterday, the Home Secretary told the House twice that a visa centre en route to Calais had been set up, but it still does not exist. The Foreign Secretary has just said that it might be in Lille, nearly 75 miles from Calais. The Home Office said this morning that no decision had been taken. Which is it? Has it? Where is it? Can people get there yet?

The Home Secretary said yesterday:

“It is wrong to say that we are just turning people back”.—[Official Report, 7 March 2022; Vol. 710, c. 27.]

But there are 600 people in Calais right now who have been turned back and are being told to go to Brussels, where the visa centre is open only three days a week, or to Paris, where people are still being told that the next appointment is on 15 March, a week away. In Warsaw, people are also still being told that the next appointment is on 15 March, a week away. In Rzeszów, the booking system seems to have completely broken down: this morning, they are sending people away.

The Home Office was warned by the chief inspector in November that the geographical spread of visa application centres was a real problem for vulnerable applicants, leading to difficult journeys, yet it did nothing about it, even when it was given weeks of warning by British intelligence that an invasion was coming.

Yesterday, the Home Secretary told me that elderly aunts were covered by the scheme. Two hours later, the Home Office helpline said that they were not. I welcome the inclusion of extended relatives, but the Government should not be continuing to change the system in a chaotic way, rather than opening it properly. Will the Government urgently set up emergency visa centres at all major travel points, do the security checks on the spot and then issue emergency visas for Ukrainians—for all family, but not just family—so that they can come here and the UK can do our historic bit to help refugees fleeing war in Europe, as we have done before?

[Kevin Foster]

The answer to the right hon. Lady’s points about setting up a facility in northern France was in the comments that I have just made about Lille and about setting it up in the next 24 hours.

On the numbers that the right hon. Lady cites, we are training more decision makers as we speak. We are pulling people in from across UK Visas and Immigration to ensure that there is an almost frictionless approach to caseworking, and we will see the number of visas issued ramping up each day.

But this is a complex scenario. As I touched on in my statement, we have seen people presenting themselves at Calais port pretending to be Ukrainian. [Interruption.] I appreciate that some Opposition Members may think that that is not an issue, but we need only look at some of the statements coming out of the Kremlin to see which countries are very much in the crosshairs of Mr Putin’s Russia and his regime. We only have to look back a short period to see the impact in this country of attacks by those pretending that they had come here to look at a cathedral spire.

We will move out to extend this. We recognise the desperate plight that there is; that is why we are working with countries on the ground, providing humanitarian aid and ensuring that we are helping to provide support as people cross borders. We are looking to ensure that we have a wide system that allows people to come here, and abandoning many of our normal requirements for countries. We recognise that it is not a time for the usual immigration process, hence the system that we are setting up. As we have said, we have the confidence that it will expand. We know that the British people will be generous. We know that when we move to open up the sponsorship visa, many people, including many of our constituents, will want to step forward.

I will just say that if we look at the surveys being done in Ukraine about which countries people feel are most on their side, it is notable which one regularly comes top.

[Sir Roger Gale (North Thanet) (Con)]

I am sorry that the Home Secretary is not here today to answer our questions. In response to my question yesterday, she said:

“I have already made it clear, in terms of the visa application centre that has now been set up en route to Calais, that we have staff in Calais”.—[Official Report, 7 March 2022; Vol. 710, c. 28.]

That was untrue, and under any normal Administration that in itself would be a resignation issue. There is no visa centre at Lille yet, although earlier this morning the Foreign Secretary said that there was.

A week ago, the Home Secretary announced the introduction of a humanitarian sponsorship visa. There is as yet no humanitarian sponsorship visa. It is time that the Home Office granted a visa waiver, and allowed children and all adults with Ukrainian passports to come into the country now.

[Kevin Foster]

I understand that the Home Secretary clarified her remarks yesterday, and I have been clear about the position regarding the centre that we are establishing.

I do hear the appeal that has been made, but there is a reason why we believe it is right that key security checks are carried out before people arrive in the United Kingdom. We are, however, reviewing the specific position on the provision of biometrics by those aged under 18. We will act on the basis of risk and advice that we receive, including advice from our security services. We are a country that is in Mr Putin’s crosshairs, we are a country that has stood resolutely behind the Ukrainian Government and continues to do so, and we are a country that will welcome literally thousands of people in what is probably one of the biggest moves to provide shelter and refuge for a generation.

[Mr Speaker]

I call the Scottish National party spokesperson, Stuart C. McDonald.

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

I agree with the right hon. Member for North Thanet (Sir Roger Gale): it is time to stop messing about with the broken bureaucracy and to scrap it altogether, with no more visas required. That is how we can quickly fulfil our obligations to the people of Ukraine. Our European allies can do it safely and securely, so why cannot the Home Secretary? There are other ways to address our security concerns after the arrival of refugees, such as what we do with non-visa nationals and what we did with evacuated Afghans. The Minister should not quote Salisbury at us, because that has nothing whatever to do with this situation.

How does the Minister justify all the other massive restrictions on who can come here? Why can a cousin not join a cousin? Why do no non-family ties count at all? Crucially, why is it that many thousands of Ukrainians in this country—whether skilled workers, agricultural workers or students—cannot be joined by anyone under the family rules, just because they do not have permanent residence yet? People cannot wait months for possible community sponsorship.

Finally, let me ask this question again: does not the last fortnight illustrate just how ill-conceived the disgraceful Nationality and Borders Bill is? Under the Bill, a Ukrainian fleeing here to join a cousin or friend could be criminalised, offshored, imprisoned—all because there is no visa for them. That is utterly indefensible, is it not?

[Kevin Foster]

Having been closely involved in the evacuation from Kabul, along with colleagues in the Ministry of Defence and the Foreign, Commonwealth and Development Office, I would remind the hon. Gentleman that we did carry out security checks on people who were leaving what was a very different and very dynamic environment, especially given the obvious threat, so the suggestion that we did not carry out any checks before that evacuation is not correct.

As for the launch of the sponsorship scheme, we do not see that taking months, as the hon. Gentleman suggested. We are already seeing people coming forward with generous offers of homes, jobs and wider support. A hotel in my constituency with a Ukrainian speaker is starting to look at the possibility of offering jobs and accommodation. As the hon. Gentleman knows, last week I had a helpful and productive conversation with the relevant Scottish Government Minister, and, to be fair, I know that the Scottish Government will also step up and do what they can.

The hon. Gentleman said that it was not appropriate to use the Salisbury example, but we do need to remember why we have these checks in place. It is because, as we have already seen at Calais, there are people presenting with false documents, and there are people making claims that are not true. However, I recognise that the House wants to see us getting on with processing, putting more people on to this work, and ensuring that we can, as quickly as possible, provide for a very large number of people to move into the UK. As I have said, this one of our biggest moves to provide sanctuary for a generation.

[Several hon. Members rose—]

[Caroline Nokes (Romsey and Southampton North) (Con)]

Snails also move “at pace”. No date has yet been set for a humanitarian sponsorship visa scheme, and as a result people who are coming forward with generous offers are advising their Ukrainian friends to apply for visitors’ visas. But what of those who do not have passports? What of children who are completely undocumented? When my hon. Friend the Minister says that he is moving at pace, he should bear in mind that the pace needs to be a great deal faster.

[Kevin Foster]

It is possible for children and others to travel to the UK without a passport if permission has been granted. As a former Immigration Minister, my right hon. Friend will be familiar with that process. As for where we are at present, we are making sure that the process is being stepped up. We have extended the provisions, and of course the sponsorship route will provide a whole new opportunity for people to extend a generous offer and the hand of friendship to those who need sanctuary in the UK.

[Mr Speaker]

I call the Chairman of the Home Affairs Committee, Dame Diana Johnson.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am grateful for the granting of the urgent question, but I think that a statement from the Home Office would have been a much better way of dealing with the confusion of recent days.

I believe we are united in the House in wanting to do the right thing for the Ukrainian people who are fleeing in fear of their lives, and to offer protection and sanctuary. The Home Affairs Committee has twice invited the Minister to come and explain how the Home Office is dealing with this. He has agreed to come next week and we are grateful for that, but we should not have to ask twice.

I want to ask the Minister why, on Sunday, the Home Secretary went on record to tell journalists:

“I am…investigating the legal options to create a humanitarian route.

This means anyone without ties to the UK fleeing the conflict in Ukraine will have a right to come to this nation.”

On Monday, Ministers seemed to have no idea about that. Can the Minister update us? Is this matter under consideration in the Home Office, given that there is clearly a great deal of support for the granting of a humanitarian visa?

[Kevin Foster]

As the right hon. Lady will know from my original letter to her, we felt that pulling officials away to do a session before the Home Affairs Committee tomorrow would have meant pulling them—and me—away from the preparations for bringing people to the UK. However, we also specifically said that we would seek to agree on a later date, and that could, perhaps, have been reflected in the statement issued on Friday.

Let me deal with the right hon. Lady’s more substantive points. We have the existing process for those who have relatives here, and we are extending it well beyond the normal relatives and dependants. Moreover, the wider sponsorship route will provide many other opportunities for people to come to the UK.

[Mr Peter Bone (Wellingborough) (Con)]

Does the Minister agree that most of the help with processing visas should be provided close to the Ukrainian border? What are the Government doing to increase processing there—in particular, in the small country of Moldova, which has taken more than 80,000 Ukrainians? Have we a presence there, and how open is that visa centre?

[Kevin Foster]

We do have visa application centres in the countries bordering Ukraine, and we have stepped up capacity there, particularly in countries that are in the European economic area. Normally a very small number of EEA nationals need to go to a visa application centre, so we have been bringing in resources from other areas to bolster those centres. There is, in fact, a centre in Moldova. I understand that it has moved to seven-day working, although obviously demand will be very high, and people can apply from any visa application centre where they can get an appointment; they do not need to be in a country immediately bordering Ukraine. As I have said, we continue to expand capacity, and we are considering the position relating to those under 18 and whether they need to provide biometrics.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I think the House would be more impressed by the Minister’s security concerns had his initial response not been to tweet, “Let them pick fruit.” He speaks about complex scenarios. Is he not even a little embarrassed that the United Kingdom, uniquely in Europe, seems to be finding it too difficult to tackle those complex scenarios?

[Kevin Foster]

Again, I would make the point that we have stepped up a system that will grant three years of leave, giving people more permanent status here in the UK and the security to move forward. As we have always said, there is a range of routes available. It should come as no surprise that those countries that are least popular with the Putin regime—ourselves, the US, Canada and Australia—are taking similar approaches.

[Dame Andrea Leadsom (South Northamptonshire) (Con)]

The breadth of support that the UK Government are offering to Ukraine is fantastic, as is recognised by Ukrainians. It is shocking to hear the Opposition jeering at the prospect of the Government trying to protect the UK people from further such attacks as took place in Salisbury. Nevertheless, I agree with colleagues who are concerned about the speed of processing of these visas. In particular, in my own constituency I have someone whose sister-in-law is stuck in Ukraine and someone else whose aunt is stuck there. Can my hon. Friend give us an update on what exactly we are doing to facilitate family reunification?

[Kevin Foster]

I thank my right hon. Friend for her question. I would make the point that people do not need to wait in Ukraine if they are thinking of applying for the humanitarian family visa and if they are able to travel safely across Ukraine. We all recognise the reality of the barbaric approach that some Russian forces are taking to civilians. It is clear that there are regular breaches of international law and that war crimes are being committed, so there is a real issue about whether people can genuinely travel safely across Ukraine, but if they wish to, they can travel to a safe and democratic country across the border and make their application from there. As I have said, we have extended the definition, and we are rapidly expanding the caseworking teams to ensure that we can get through the applications and get people here so that they can be with their relatives in the UK.

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

Does the Minister understand how poorly it reflects on this country that our system for processing Ukrainian refugees is so slow and shambolic? Even accepting the need for biometric tests and so on, why can they not be done on the spot? Why can this not be expedited so that these desperate people can come and join their families here in the UK?

[Kevin Foster]

Across the world, people are reflecting on the immense support that the United Kingdom and this Government have provided to the people of Ukraine. That is reflected quite regularly in comments by those who are in Ukraine. We are looking to speed up the process but it is important to carry out essential security checks for the reasons we have outlined.

[Damian Green (Ashford) (Con)]

I hate to harp on about the phrase “at pace”, but can the Minister give some indication whether it will be weeks or months before the humanitarian sponsorship route is open? Separately, I take his point about security and the need for biometric checks, but I do not understand why those checks cannot be done in this country once we have got the people here safe and sound.

[Kevin Foster]

Those who are applying are actually in safe countries as we speak. As I have said, there is no requirement for people to stay in Ukraine to make an application if they can safely make their way across the border to one of the safe and democratic countries next door that we are supporting to provide support for those crossing the border. My right hon. Friend will know from his own experience that, for a range of reasons, if we bring people into the country we perform checks, but we certainly do not want to go down the route of using immigration detention powers while these checks are being undertaken. We do not believe that that would be appropriate at all.

[Clive Efford (Eltham) (Lab)]

One visa centre in Poland has closed its doors and is no longer allowing walk-in appointments. It is 3° outside, and there is an 81-year-old woman outside, along with other women and children. There is plenty of room inside but the centre will not open its doors. This is complete chaos, and it is unacceptable. What is the Minister going to do about it?

[Kevin Foster]

I am happy to look at the particular example that the hon. Gentleman has cited, but we are surging staff and resource and we are conscious of the position there and of how we can increase capacity to ensure that we can get as many people in as possible. In particular, I have already touched on looking at whether children need to give biometrics. We will be guided on that by the security advice that we receive. That will mean that there will be large numbers of extra appointments, plus a cohort that will not need to submit biometrics.

[Sir Robert Buckland (South Swindon) (Con)]

One way we can rapidly scale up capacity is to use technology. What is my hon. Friend’s view of the ability of Ukrainians with biometric passports to use the UK Immigration: ID Check app, which does apply and has been used by many applications from Hong Kong? May I commend that course of action to him?

[Kevin Foster]

We are looking at adapting the AUK2 app for Hong Kong special administrative region—HKSAR—passports as well as for British national overseas passports. Adapting it for BNO passports was relatively easy; HKSAR passports were slightly more complex. This is something we have been looking at, although it does bring certain challenges to ensure that passports can be read and that the process goes through appropriately, but it is something that we are actively considering because it would allow us to issue e-visas.

[Nia Griffith (Llanelli) (Lab)]

From offers by individual constituents and the Welsh Government’s action in talking to Cardiff airport about welcoming refugees there, we can see support from the British people who are very keen to welcome Ukrainian refugees. However, I am immensely embarrassed that, while other countries across Europe have been welcoming them with open arms for three years without any questions about being part of particular family, the Minister is so determined that we should not have a broader and more welcoming system for all Ukrainians to come here.

[Kevin Foster]

I would point to the sponsorship system that will be set up, which will be open pretty much to many and all Ukrainians, although I remind the House that the vast majority of people understandably want to remain in the region. They will want to go home after the invader has been defeated and expelled from their country. The idea that all Ukrainians are looking to move elsewhere is not correct, but the sponsorship scheme will allow a wide and generous offer and we very much look forward to seeing offers to sponsor people coming forward from across Wales.

[Julian Smith (Skipton and Ripon) (Con)]

The Minister has talked about training new decision-makers. How many are being trained today? What discussions have taken place with retired decision-makers and caseworkers, and what discussions have happened across Government with other people who are used to making decisions on behalf of Her Majesty’s Government, to assess how they could assist with this issue?

[Kevin Foster]

I thank my right hon. Friend for his thoughtful question. We have 50 in training today, and we are bringing the whole of UK Visas and Immigration’s quite significant resource to bear on this. In the first instance, we will take decision-makers off other immigration routes, because they will be familiar with immigration decisions and will therefore be more likely to take immigration decisions more quickly in this area. We are also talking to other Government Departments about apprentices and others who can potentially backfill other parts of the immigration system. UKVI employs thousands of decision-makers and we are looking across the piece at those with experience that we can deploy in this area and then potentially backfill other parts with those from other Departments.

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

I have a list here of everything my constituent has done to get his Ukrainian wife into this country. He started with an application on 12 February. They lost his family in the system. I have spoken to the Minister and I have been to the hub. Today my constituent emailed me four times to say that he was in Rzeszów, that the transport layer security—TLS—system was broken, that his appointment had not been registered and that there was no guarantee he would be seen. The final email said that he had been advised to leave the visa application centre, which had managed to process only seven people and was down from two clerks to one. He has been advised to go to the embassy in Warsaw. He needs biometrics, because nobody will look at him until he has them, but he is a UK national and all he wants is to get his wife and daughters back to Wishaw. Help!

--- Later in debate ---

[Kevin Foster]

The hon. Lady will realise that it would not be appropriate for me to go into the detail of individual cases on the Floor of the House, but I am very happy to speak to her afterwards to see what we can do to resolve the situation.

[Mr Mark Harper (Forest of Dean) (Con)]

As a former Immigration Minister, I am very sympathetic to the need to do appropriate security checks. I have publicly defended the Government on this issue, but we need to grip the pace of this, which will require Ministers to take decisions to move things along quickly.

The Home Secretary announced the humanitarian sponsorship route a week ago. I heard what my right hon. Friend the Member for Ashford (Damian Green) said about weeks or months, but I was thinking about days. I expect a Minister to be at the Dispatch Box by Thursday to set it out. We have to start working at the pace these events require, so will the Minister commit to an update on the humanitarian sponsorship scheme on Thursday?

[Kevin Foster]

The Government will be happy to update Members on Thursday on what is happening, whether through a “Dear colleague” letter or another appropriate forum. We intend that it will be weeks, not months, before we start welcoming people into the UK. This will be an unlimited offer that reflects people’s generosity, but I appreciate that we now need to get on and get it launched.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I have been in the Chamber since the start of business, and it is not often that I feel ashamed. I have listened to a range of Ministers make half-baked excuses for no action. The President of Ukraine will be speaking to us later, and this is when our hearts, minds and prayers are with the people of Ukraine. For God’s sake, will the ministerial team and the Government please get their act together and open the doors to these poor people?

[Kevin Foster]

We look forward to hearing the President later, and we reflect on how he has inspired his people in resisting the invasion, including with the arms we have supplied. We are, as we have outlined, surging decision makers, upping the capacity of VAC and considering whether under-18s should continue submitting biometrics, which would not only speed up their applications but free up appointments for others. We are moving caseworking resource from across UKVI to get through the applications, and we will continue to take further action to speed up the process. I hear what the House is saying.

[Tracey Crouch (Chatham and Aylesford) (Con)]

I thank the officials in the Portcullis House hub who are providing helpful advice to constituents.

We have been advised to get people to Rzeszów in Poland for biometric testing to support their application, but the word on the ground is that there are no biometric appointments in Rzeszów until the end of next month. When constituents’ families are sent to these posts for biometric testing, can the Minister confirm that the testing will actually be available?

[Kevin Foster]

I am concerned about that example. We will continue to look to increase biometric capacity. As I said, we are actively considering removing the need for biometric testing for under-18s and whether we can adapt the technology we used for Hong Kong BNOs who do not need to go to a VAC as part of their application, which would innately create further capacity for people to come through the system. We will continue to look at how we can surge and increase the capacity of our application centres across the region, not just the one that has been cited.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

My constituents in Vauxhall want to see the UK make it clear that refugees are welcome. We need a clear and simple process in place for people seeking asylum, but vulnerable people need support before they get to the border. There are urgent humanitarian problems, including access to food, transportation, sanitation and hygiene facilities, mental health services, bereavement support and emergency healthcare, including for people living with HIV. Will the Minister please ensure that the UK’s asylum system begins with immediate aid for people who need to flee?

[Kevin Foster]

The hon. Lady makes some strong points. One of the reasons we are working closely with the countries bordering Ukraine is that, given the end of direct travel, it is extremely unlikely that people will make it to the UK in a day. Those who have just crossed the border from Ukraine will need a range of support, including medical support, and colleagues in the Department of Health and Social Care are talking with the Polish health authorities because Poland’s hospitals are clearly beginning to become fairly full. We will need to look across western Europe for others to support them, including by potentially taking patients from those hospitals into the UK. I make it clear that people who enter our asylum system will arrive with status and will be able to get on with their life. They will not have to make a further application here.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

Salisbury borders my constituency, so I fully accept the need for security checks, particularly on adult males. But the fact remains that the Republic of Ireland, with which we share a common travel area, has a population of 5 million and has committed to take 100,000 refugees from Ukraine, having already admitted more than 2,000. This country, with a population of 67 million, has come nowhere close to that. Why not?

[Kevin Foster]

First, looking at what we are doing, we estimate that about 100,000 people are potentially eligible for the family route, and we have an unlimited position on the sponsorship route, which could well see us exceed quite significantly the numbers offered by the Republic of Ireland.

Visas are now going out. As I said, nearly 500 had been granted as of 9.30 this morning, and more are being granted as we speak. We are surging decision-making capability and upping the biometrics process, which will quickly increase the numbers arriving in the United Kingdom, on top of the numbers we have already welcomed as we moved UK nationals and their families earlier this year.

[Ian Paisley (North Antrim) (DUP)]

My constituent Michael Jevdokymenko has been contacted by his family, who have fled from Ukraine. They have no documents, no papers—nothing. They are at the border with a little three-year-old child. What assistance can we provide to give that family hope, to get them to Northern Ireland and to let them re-establish some semblance of normality? Where is the Christian compassion for which this nation was known?

[Kevin Foster]

I thank the hon. Gentleman for that example. We are conscious that people are leaving without the normal proof they might have of family relationships. It would clearly be inappropriate to insist that people try to get a marriage certificate or something like that if they have fled from their home. We have provisions that allow travel without passports and other documents, obviously once certain checks and nominations are done. Again, that is part of the process that is being established.

We are conscious that, even where people have access to documents, they might not have the full documents. We are also conscious that people will potentially have left in a hurry, so they may not have had time to bring particular documents. Not having a passport will not be a bar, but we will need to use other processes to identify them, which is not unusual in situations where we are moving people at pace.

[Steve Brine (Winchester) (Con)]

So much about this does not feel right, and my constituents know what they see. All of this is far too robotic. As the hon. Member for North Antrim (Ian Paisley) said, very little Christian compassion is being shown at the moment. Surely we are past the UK saying that we are going to have a generous scheme; it is time to deliver a generous scheme.

The family scheme is too slow and the humanitarian sponsorship scheme, as I raised with the Secretary of State for Levelling Up, Housing and Communities yesterday, is still being designed at the Department for Levelling Up, Housing and Communities. I do not want to hear the Minister say that that is another Department, as he is the Minister at the Dispatch Box. At the very least, can we have a simple online gateway up and running tomorrow so that constituents who want to help can at least register their interest? There is so much compassion and desire to help, but people are not able to do so.

[Kevin Foster]

I recognise my hon. Friend’s concern. The vast majority of councils in this country, including my own, took part in the Afghan resettlement scheme, and many are already offering to take details and offers of help in preparation for the launch of the humanitarian sponsorship route. I encourage my constituents to do it, and I know he will be encouraging his constituents to think of what offers they can make. The compassion of this country is shown by the fact this will be an unlimited scheme, on top of the family scheme, and could potentially be one of the biggest movements into communities in the UK since the evacuations of the 1930s.

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

I thank the Minister for his personal help, but my constituents share the absolute frustration at the speed at which the Government are moving on this issue. Can he get a grip on the situation in Warsaw? I heard today of people who are seeking to join their family in the UK but who are being told that there are no appointments available until at least 15 March, even though they have been in Poland for some time having escaped Kyiv. Will he publish how many staff have actually been posted to Warsaw, Bucharest, Budapest, Bratislava and Chisinau? Have we actually sent staff? Are all of them operating at seven-day capacity? How long do people have to wait for appointments in those locations?

[Kevin Foster]

I thank the hon. Gentleman for his points. We are surging staff into our visa applications centres; I am conscious of the fact that the Foreign, Commonwealth and Development Office also has a separate system of posts and diplomatic presence there. We are looking at how we can expand the capacities, and I have touched on some other things we are looking at in order to remove the need for a biometric appointment entirely.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Yet again, we see the Home Office refusing to grasp the urgency of this crisis. Just like the Afghan resettlement scheme, these schemes are too limited and progress is too slow. My constituents are desperate to help and are offering their homes, but no sponsorship information is available. The Welsh Government are offering to help, as are Welsh local authorities. What discussions has the Minister had with them to facilitate this scheme? What estimate does he have of the number of sponsorships available in Wales?

[Kevin Foster]

On engagement with the Welsh Government, I understand that colleagues in the Department that lead on this have spoken to the Welsh and Scottish Governments about the provisions. Of course this will depend on how many sponsors come forward and how many people want to be part of welcoming people into their own homes and own community across Wales—I suspect we will see a generous amount. On urgency, we took 16,000 people out of Kabul in two weeks, we worked at pace and we are still evacuating people out of Afghanistan as we speak. We will soon be welcoming many thousands from Ukraine into the UK, alongside having the most generous sponsorship scheme that exists, given that it is completely uncapped.

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

Many of the Ukrainian refugees who eventually get here will be vulnerable women and children, not all of whom will have relatives here who can offer a roof over their heads. Have the Government given any thought to setting up some sort of portal or clearing house where offers of accommodation can be made and basic safety checks can also be made before vulnerable people take up those offers?

[Kevin Foster]

My right hon. Friend makes a very good point. We are talking about potentially vulnerable individuals arriving in a cohort, and we will need to make sure that basic safeguarding checks are in place, particularly where people are offering to welcome people into their homes. I know that my colleagues are closely looking at how that can be done, but without it becoming a barrier to enabling the swift movement of this scheme.

[Imran Hussain (Bradford East) (Lab)]

A refugee is a refugee, regardless of the colour of their skin or their background. So I am deeply concerned about reports of refugees from a BAME background being stopped at the Ukrainian border and turned away. Does the Minister agree that such reports are despicable? What are the Government doing to ensure the safe passage of all refugees fleeing from this horrific conflict?

[Kevin Foster]

The hon. Gentleman is right to highlight the fact that Ukraine provided a safe haven for people leaving Afghanistan. It is not just one community living in Ukraine; like our own country, it is a set of ideals as a nation and it is not based on a particular ethnicity. It would be concerning to hear that people are being turned away at the Ukrainian border. Obviously, we do not control that border, as he will appreciate. There is also Ukrainian law to consider in relation to men aged 18 to 60, who are required to stay in Ukraine for military service, including dual nationals. Again, that is a decision taken by Ukraine. However, we would certainly be clear that race and ethnicity should not play any part in the decisions taken at that border on allowing people to leave Ukraine and enter safe and democratic countries next door, and then potentially move on to the UK via our schemes.

[Martin Vickers (Cleethorpes) (Con)]

I appreciate that Ministers and officials are grappling with a horrendously complex situation, but it is worrying that some contradictory advice has been offered to Members. I have a constituent who has pre-settled status and I was told by the Members’ help desk on Thursday that she would be able to bring her two young children across. Yesterday, she emailed to say that, no, the published advice was against that. I went back to the help desk, where they said they were going to escalate the query. I am escalating it even further, to the Minister: does this lady with pre-settled status have the ability to bring her two young children into the UK?

[Kevin Foster]

This is probably one I may wish to take away and look at, in respect of the rules around the EU settlement scheme, particularly if this lady was here with pre-settled status during the time of free movement, because some particular rules apply to those people—again, they are free-of-charge application routes. I would certainly be happy to take that one away and get confirmation.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

The Minister may be interested to know—I am very surprised he has not already mentioned this—that Citizens UK has set up a registration link for communities and individuals who want to register their interest in community sponsorship. Community sponsorship is a route by which people can come to the UK only if a scheme exists to which communities can apply. The delay in setting up the Afghan scheme was a disgrace, so will the Minister say when we will have a scheme? Community sponsorship is a lengthy process and it can take up to a year before a community group can be matched with a family to come here, so will he say what will be different about this scheme that will make it fit for purpose to meet the urgency of this crisis?

[Kevin Foster]

I recognise that a number of groups are encouraging people to register to help, and I welcome that—again, once the official scheme moves forward, that will be a welcome source of information. On community sponsorship, the hon. Lady rightly highlights some of the issue. On a wider point, we have announced that we are going to look at that, as we do think community sponsorship takes too long and too many barriers can be thrown in the way of it. On this scheme, our intention is for a minimised process that does not involve things such as local authority consent and some of the things we see in community sponsorship. This is much simplified and is about matching up those who are prepared to make a particular offer of accommodation and support, and those who are able to take that up, subject, as the hon. Lady would expect, to some of the safeguarding issues that I have touched on already.

[Alun Cairns (Vale of Glamorgan) (Con)]

It is wholly appropriate to recognise the breadth and scale of support that the Government have given, as well as the significant steps that the Minister and his colleagues have taken. But we also need to recognise and understand the desperate plight of people fleeing such persecution and the risks they face. My constituent Yuri Nobles has returned to Ukraine to bring family members back but is struggling to get an appointment, like so many others here. In recognising the challenge the Minister faces and the challenge from the constituent, may I ask what consideration the Minister has given to extending expired biometric assessments, which can easily be extended to be made appropriate now?

[Kevin Foster]

As I touched on partly in my reference to the system that was used for British nationals overseas, we are looking at what role could be played by previously submitted biometrics and at those who have previously had visas to the UK in the recent past who possess a biometric passport. As this stage, we are conscious that where we can reduce the numbers who need to go to a visa application centre, it will free up capacity. As I say, however, our first thoughts have been looking at the requirements for those under 18 and we are looking at the final security advice on doing that.

[Mr Ben Bradshaw (Exeter) (Lab)]

Using the risk from Kremlin operatives—who have rather easier ways of reaching this country than by posing as refugees—as an excuse for this mean-spirited and shambolic approach simply will not do. Until the Minister follows the advice of the right hon. Member for North Thanet (Sir Roger Gale), are he and his fellow Ministers not going to have to keep coming back to this House to explain this shambles? Just do what the right hon. Gentleman suggested, and what the whole of the rest of Europe is doing, and offer visa-free entry for a limited period to Ukrainian refugees.

[Kevin Foster]

As I have outlined, there are clear reasons why we are doing this and we do believe it is right. Basic security checks are made for people arriving in the UK and this is not just happening in the UK; the USA, Canada and Australia are doing exactly the same.

[James Gray (North Wiltshire) (Con)]

A professional couple from Malmesbury in my constituency tell me that they are in Poland trying to help their relations from Ukraine, who are very well-educated and English-speaking, of course. They tell me that they are sitting up late into the night tussling with the complexities of the forms involved, including one for a child who is one year old, to whom the form does not apply—it asks for his employment and so on. They tell me that the information they are getting on the website is quite different from the information they are getting on the ground; that, like so many others, they have been told they cannot have an appointment for at least another week; and that the hotels in Poland are full and therefore they have nowhere to stay. They just need the thing simplified. I would not go as far as asking for a visa waiver, and the Minister would not want to do that, but surely to goodness he could make the system simpler, simplify the form and cut the time taken.

[Kevin Foster]

It is a fair point and I am certainly happy to hear my hon. Friend’s feedback and what his constituents have encountered in more depth after the urgent question. As I say, more than 10,000 applications have been submitted to a scheme that went live on Friday, which indicates that quite a large number of people are getting through the process, but we certainly continue to consider how we can make it simpler and quicker and, as I have touched on, we are reviewing things such as the need for those aged under 18 to submit biometrics.

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

I am sure that, on International Women’s Day, I do not have to remind the Minister of the particular vulnerability of women in war zones. My Edinburgh South West constituent Oleg Dmitriev has two nieces in Ukraine. He tells me that they are reluctant to flee because what they are hearing on the news makes them think it will be very difficult for them to join their uncle in Scotland. They are asking him why they should risk their lives to get to a third country when the likelihood of their getting a visa to join their uncle in the United Kingdom is vanishingly small. What should Oleg say to his nieces?

[Kevin Foster]

I would say to Oleg that, first, we have extended the scheme to include nieces, and if they are his nieces and he wishes them to come to the United Kingdom, they will be able to get a visa to do so. As the hon. and learned Lady touched on, in respect of travel from and within Ukraine, people are in a perilous situation due to the barbaric actions of Russian forces. As we have said, a niece would certainly stand a good chance of getting a visa and they should certainly make an application.

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

I am proud of my constituents who are coming forward to offer as much help as possible and I am proud of the Prime Minister in the way he is leading the world, but the Home Office is cutting off their legs and it is simply not good enough. Does the Home Office recognise that this is a war the likes of which have not been seen for 80 years in Europe? We do not want to stand in this House and listen to plans and processes; we want dates and we want action. The Home Office must react far more quickly than it is doing and get to the point of hubs of people, get them processed and get them in. This is a disgrace. I ask the Minister, when he leaves the Dispatch Box, to go back to the Home Office and tell it to get a grip!

[Kevin Foster]

As I have already outlined, we are making quite a number of changes. We met officials this morning to push further ones through and we have extended the entitlements and who can apply. As I say, this will become one of the biggest relocations of people since the wartime evacuation. Let us just get this into perspective and scale: it is beyond what we have done for BNOs, what we have done over a number of years for Syrians and what we propose to do for Afghan nationals. This will show a generous side of the United Kingdom, alongside the support we have been providing for Ukraine more generally, which has created a very strong impression of the United Kingdom.

[Janet Daby (Lewisham East) (Lab)]

Yesterday, I was speaking to a constituent, Stephanie, who was fighting back the tears as she told me how terrified she is about the security of her family, with whom she has lost contact. I am disgusted by the lack of urgency and compassion from the Government. Will the Minister say why the visa application centre in Brussels is closed? Why is it open only three days a week?

[Kevin Foster]

As we say, we have been surging staff into the region. We do not want to see people having to travel all the way to western Europe to make applications, having left their country and having made what is now an increasingly dangerous journey across Ukraine, particularly if people come into contact with Russian forces, who are showing minimal respect for international law, or perhaps none at all. As we say, we are surging staff and increasing processing capacity, and Members will start to see the impact of that very shortly.

[Felicity Buchan (Kensington) (Con)]

I am glad that the Home Secretary visited the Ukrainian social club in my constituency, with the Ukrainian ambassador, to hear directly from my residents. I have many Ukrainians in my constituency and a number have relatives who are still in Ukraine, where there are existing biometric records. I urge my hon. Friend the Minister to look further at the ideas proposed by my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) and my right hon. Friend the Member for Vale of Glamorgan (Alun Cairns), to see whether we can find electronic solutions?

[Kevin Foster]

The Home Secretary had a positive visit and our relationship with the ambassadors and the community has been strong, given the broad range of support we are providing to Ukraine. We are providing support not just in the form of lethal aid into Ukraine itself but to countries, including those with borders with Ukraine, that are now dealing with large numbers of people because, as I keep saying, the vast majority of people want to remain close to their homes because they want to go home once the invader has been defeated and driven from their country.

We are looking further at how we can use some of the work we have done in respect of things such as the Hong Kong BNO route and the reuse of biometrics and, as I have touched on a couple of times, at whether under-18s need to submit biometrics at all.

[Caroline Lucas (Brighton, Pavilion) (Green)]

This Government have some pretty strange priorities: apparently, they think nothing of overturning national security advice when it comes to granting a life peerage to the son of an ex-KGB agent, but they are apparently putting obstacle after obstacle in front of refugees who are fleeing unspeakable violence in Ukraine. Will the Minister listen to the voices from all parties urging him to allow refugees to come here first and then do the biometrics and other security checks here? Does he understand that simply to say they are already in safe countries is deeply insulting? They are traumatised, their families are split up and they might not have finance; we need to be doing much more, now.

[Kevin Foster]

I certainly would not dismiss the support that is being provided by the Polish, Hungarian, Romanian and Moldovan authorities. They are doing an amazing job of welcoming those who are coming straight over the border. We have on a number of occasions touched on why we believe it is right that we do basic security checks before people travel to the United Kingdom, but many of our other normal requirements are being waived. I do not think that some of the solutions potentially put forward around doing security checks here in the UK would necessarily reflect a warm-hearted approach.

[Siobhan Baillie (Stroud) (Con)]

As it is International Women’s Day, we are looking at the experiences of women around the world. I have been asked whether it is difficult being a pregnant MP; the answer is no. I will tell the House what is difficult: being a pregnant woman in Ukraine and children being in a basement where they are being attacked. Stroud people want to understand what the chuff is going on. I know that the Minister cares and that the Home Office cares, but the picture is still confused and causing anxiety. Will my hon. Friend confirm that he will look at all biometric options to speed up the process? In particular, will he ensure that when websites and things say that people will get information back after 24 hours, the Home Office provides that information or changes the expectation and deals with it properly?

[Kevin Foster]

As I say, we are certainly keen to look at the position in respect of biometrics for under-18s. That would make a significant difference, particularly for family applications. Some final security advice on that is being considered but we are keen to move forward shortly. We are looking at some of the electronic means—as I say, for those who are not familiar with the BNO visa, if someone has a HKSAR passport that is biometrically enabled, they can apply from home without a visit to a visa application centre. We are looking at a range of options that could speed things up and remove the need to go to a VAC.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

Germans are waiting in Berlin Central station to offer Ukrainian refugees their homes and their hearts. The people of Newcastle Central are no less generous, yet their Government greets war-traumatised families who have already crossed a continent with a demand that they go to Brussels or Paris for an unspecified amount of time, apparently because the Minister thinks they could be KGB agents. Will he say how long he expects Ukrainian refugees to wait in Brussels or Paris? What support is he offering, financially and in terms of transport, so that they can meet his ridiculous demands?

[Kevin Foster]

Ensuring the safety and security of our country is never a ridiculous demand. As we have already touched on, we will be opening up a centre in Lille, and we have certainly already touched on what we are considering in respect of children. We have an uncapped, unlimited system. Again, our position is very similar to what some of our core allies are doing.

[Julian Sturdy (York Outer) (Con)]

My inbox, like that of many others, has been overwhelmed by generous offers of support for Ukrainian families. My constituents are ready and willing to offer help to those in desperate need. The only barrier to their support seems to be Home Office bureaucracy. Now is not the time, Minister, for box-ticking and red tape; now is the time to do everything we can. No more excuses: we have to move the process forward and we have to speed it up. I am sorry, Minister, but weeks—weeks—simply is not good enough. These are women and children. We have to speed it up. Will he assure me that those kind offers of help from my constituents and the constituents of Members throughout the Chamber are not going to be wasted?

[Kevin Foster]

Those kind offers will certainly not be wasted. We are moving at pace to set up our system and to increase the numbers while doing the basic security checks to keep our people safe.

[Tim Farron (Westmorland and Lonsdale) (LD)]

This may be down to Home Office incompetence, or this may be being done for political reasons, and, if it is, may I tell the Minister that he has misread the country? Like other people in this place, I have been overwhelmed by constituents offering their homes and the spaces that they have to refugees from Ukraine. The local charity, New Beginnings, which has been operating in Ukraine for many years, is desperate to sponsor people with no family links coming to the UK from Ukraine. When will that New Beginnings charity be able to sponsor Ukrainians to come here? It needs to know that this week.

[Kevin Foster]

I do not want to get into political point-scoring on this particular issue. It is neither seemly nor appropriate to do so. In terms of the routes, as we say, we place our first priority on families and relatives, because we appreciate that the vast majority of relatives will be able to stay with family. We are working at pace to set up the humanitarian sponsorship visa, but, obviously, our colleagues in the Department for Levelling Up, Housing and Communities will be leading on operationalising the actual sponsorship element of that to ensure that we can give the warm-hearted welcome that many want to see.

[Jason McCartney (Colne Valley) (Con)]

I am so proud to represent a vibrant Ukrainian community in my Colne Valley constituency. I am equally proud to have so many people in my community opening their hearts and ready to open their homes for these Ukrainian refugees. We have done so much on sanctions, on humanitarian aid, and on military aid, so why are we dragging our feet with all this bureaucracy? Will the Minister not only commit to put extra staff into these visa centres, but ensure that they are open 24 hours a day, seven days a week? All the helplines need to be manned 24 hours a day. Can he assure me that, by the weekend, thousands and thousands more desperate Ukrainian refugees will be safe here in the UK with their family and friends?

[Kevin Foster]

I hear my hon. Friend’s point. As he said, we are bringing in more decision makers—people from UK Visas and Immigration who are experienced in decision making—to ensure that, as soon as a decision is ready to go, we can get straight on and do it. We are certainly looking to expand, where we can, the visa application capacity. Again, we need to make sure that we have enough staff. We are looking at whether we can backfill that with staff from the United Kingdom. Again, this is more about staff availability than the actual physical structure. Sometimes local labour laws impact on operations, but we do not think that that will be an issue in this particular instance given the urgency of the case. Crucially, as I have touched on a couple of times, we should look at whether we can remove entirely from some cases the need for an appointment—for example for under-18s—and at whether we can use the tech that we use for the British national overseas visas. Many BNO applicants never go near a VAC; they just use our ID with their passports. Again, that deals with the point about capacity without the need for any extra appointments.

[Alison Thewliss (Glasgow Central) (SNP)]

Last week, I raised the case of my constituent and his wife who were advised by the Government helpline to come back from Poland to Lviv to collect her spousal visa. After my intervention, they were told to go to the VAC in Warsaw. An hour ago, they emailed me to say:

“We are just out of the VAC centre in Warsaw and again we have been told that they don’t print visas and they can’t help us. This time, according to the worker, their visa vignettes are printed in the UK and sent to the VACs. Unsurprisingly, the VAC didn’t know how to help us. They didn’t even have access to the Ukrainian database. I find it shocking that the Home Office couldn’t arrange that access over two weeks.”

Can the Minister advise me when my constituent and his wife can come home safely to Glasgow?

[Kevin Foster]

Certainly, no one should be being advised now to go into Ukraine to get visas or for any other purpose. I am very happy to pick up the case to see what has happened in this particular instance. Certainly, a person should be able to collect a visa from any VAC, but I hear what is being said, I do not doubt it, and I am happy to pick up on it.

[Tom Hunt (Ipswich) (Con)]

I met with four of my Ukrainian constituents last week. They have been bowled over by the generosity shown by the people of Ipswich, particularly by the Polish community. There is actually a lorry approaching the Ukrainian border today, carrying £8,000-worth of gifts from the Polish community. I have two questions. I met with Olena whose family are currently stuck in Kharkiv. Can I have a quite update on the possibility of a humanitarian corridor for her family to get out of Kharkiv, not to Belarus and Russia, but to a safe European country? Secondly, Viktoria said that if some of the people who are eligible for the family scheme do not want to take up that option can it be transferred to somebody else very close to them who might not strictly qualify for the family route?

[Kevin Foster]

Certainly, in terms of the situation on the ground in Kharkiv, we have to be very careful about how we take President Putin’s offers of humanitarian corridors, not least because they are rarely respected and often may well be used as a cover for breaches of international law that then follow. We need to be quite careful about the whole concept of humanitarian corridors. I have already said that travel across Ukraine is extremely dangerous, and that people should not wait until they have any form of visa. If they can, they should get into a neighbouring country and then seek to come to the United Kingdom. Certainly, with the family route, people can either sponsor the family, or, see whether there is space available. The wider sponsorship group will come in if there is someone they know and love in Ukraine, whom they would like to sponsor, or if there is someone who has managed to get to a safe bordering country, whom they would like to sponsor to come here.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

I just want to give an example of a constituent who is trying to help his niece who has fled from Ukraine, because it backs up all the things that the Minister is hearing from his own side about how just completely unsustainable this system is. Last Friday, they spent the whole day waiting for a form from the United Kingdom for a visa. Of course with the biometrics, they had to give a lot of complex information. After they had given all that, they were then asked for bank details and documentation that the niece who had fled from Ukraine just did not have with her. It is now three days since that, and there is no sign of a decision, which had been promised within 48 hours. My constituent said:

“I simply cannot put into words how angry and desperate we are becoming because of this shameful situation.”

What is the Minister actually doing to fix that chaos? That is a live situation and that is actually what is happening.

[Kevin Foster]

I can fully appreciate why asking for bank details and the things that we might normally ask for in the immigration system might be an entirely unreasonable request to somebody who has escaped their home in Ukraine with whatever they could carry. I am very happy to look at that case to see whether our decision makers are acting appropriately in terms of what they are asking for. I do not think that it is appropriate, for example, to be asking for bank details from Ukraine at this time.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. We have to leave that there. We have done eight minutes more than was allocated for the urgent question. Clearly, with this crisis ongoing, there will be other opportunities for urgent questions and statements. More than 20 people were still rising to speak at the end of the urgent question. We will look to ensure that they get prioritised in future.

Windrush Compensation Scheme

Kevin Foster Excerpts

Thursday 3rd March 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

It is a pleasure to serve under your chairship, Dame Angela. I thank the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) for securing this debate and all hon. and right hon. Members for their contributions. This is an important subject and I am pleased we have been able to discuss it today.

The victims of the Windrush scandal suffered terrible injustices, and this Government are determined to ensure we do everything in our power to right those wrongs. This was a shameful episode in our history; as the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) powerfully outlined, it was not just about people losing a job, suffering an inconvenience or not being able to travel; it was about feeling that their very identity had been taken away. For many, it was even harder than that: it was about being reminded, in our modern society, of exactly the type of prejudices they had met when they first came here back in the 1950s. At that time it was, shamefully, still lawful to act in ways that have now rightly been banned for many years.

We fully understand that this is not just about getting a cheque or some financial recompense; this is about something that struck people very deeply as individuals, beyond whatever financial impact it had. While it is hard to respond to that, compensation—making sure we recompense people where we can—is obviously part of the response, but the hurt felt is very much recognised, and we apologise for it and look to recognise what was done.

The right hon. Member for Hackney North and Stoke Newington spoke powerfully about how this is not just a debate about facts and figures on a spreadsheet. These issues had a very personal impact on people, including people whose parents, who brought them over, had fought for this country. Only a few years before their arrival here as migrants, they had been serving in the military, the then imperial forces, at a time when this nation had made a desperate call for people to serve in its defence. Many had stepped forward, particularly those from Caribbean communities and other communities across the Commonwealth, to defend a country they had never seen, but whose values they believed they shared.

I understand very much why this goes beyond being just an issue about an ordinary claim for compensation—for example, where someone’s car has been damaged or a contract has gone wrong. This really struck people quite deeply, which goes beyond what we can do, but paying compensation is an important part of this.

When I visited a community group recently, I was struck by people’s commitment to the community and this country. One individual said thank you for the compensation we had paid—they were very grateful for it. I said, “I am pleased you are grateful, but it should never have been necessary for you to have to go through that. It is what you are owed and entitled to, and not something that you should feel you have to thank us for.”

The situation we are discussing went on for a number of years. I am sure other hon. Members will have noticed, as I did, that the case on the cover of the Wendy Williams’s lessons learned review dated back to 2009. This is not a matter of a particular Government at a particular time—it happened over many years—and the Home Affairs Committee report touches on that.

We are determined to ensure that everyone who suffered because they could not demonstrate their lawful status in the United Kingdom—let me be clear that these people had lawful status in the UK—receives every penny of the compensation to which they are entitled. We are making some significant progress towards achieving that aim and have now paid a total of more than £43 million in compensation.

We remain open to areas for further improvement and welcome some of the constructive challenge we have had from Members across the House. To give credit where it is due, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) referenced his comments in a previous debate, where he highlighted that some of our wording implied a criminal standard of proof—beyond reasonable doubt—when clearly, in this instance, it should be on balance of probabilities, rather than having to reach that threshold. As a result, as he acknowledged, we changed the guidance. We remain open to looking at what needs to be done when such issues are highlighted.

[Stuart C. McDonald]

I am grateful that that change was made; I thank the Minister for that. What has he done to assure himself that that is actually making a difference in practice? There was a recommendation in the report about looking at a sample of cases, because there is still evidence coming to us that it has not changed much in reality.

[Kevin Foster]

I am always happy to further consider evidence. Certainly we have seen higher awards being made, partly because of the quite significant changes we made to the scheme last year but also, unsurprisingly, due to the increase in the number of applications to the scheme, which I will touch on in a minute. The change appears to be having an effect, but, as more cases come to a final decision, particularly as reviews in other areas are done, we are open to making sure that it has made a difference. I am genuinely grateful to the hon. Gentleman for the constructive spirit in which he approached the debate on the Windrush Compensation Scheme (Expenditure) Bill, as did the then shadow Home Secretary, the right hon. Member for Hackney North and Stoke Newington, which helped produce a better outcome all round.

I am keen for Members to see for themselves the work being done in this area. Now that covid restrictions are behind us, I am happy to welcome any parliamentary colleagues who wish to visit the compensation scheme casework team to see for themselves the progress we have made. They can talk to the team working to resolve cases to get people the compensation they deserve. The team is based up in Leeds, separate from some of the other work. For many this is their only role in the Home Office; they are not working on wider immigration matters, although some have experience in those, given the nature of the issues that they deal with. I am certainly happy to welcome people to visit and meet the teams, talk to them and see the work being done. We had hoped to arrange visits at an earlier stage, but with the understandable restrictions during the covid period, it was something we had to consider very carefully. Now that the restrictions are behind us, a visit by the Select Committee would be welcome as well. We would be happy to arrange that.

Although we do not agree with every recommendation, overall we welcome the Home Affairs Committee’s report on the scheme, and we are already making significant progress in respect of several of the Committee’s key recommendations. However, some of the recommendations are complex and we need to consider those carefully to address the issues raised. I anticipate that Members might say, “Let’s have an example, then, of a recommendation you think is complex.” We are committed to ensuring that an individual’s national insurance position is corrected where an inability to demonstrate status has impacted their entitlement to the state pension. For example, someone may have been unable to have employment and therefore unable to make national insurance contributions, meaning that there are missing years when it comes to the calculation of state pension.

We continue to work with the relevant Departments to resolve this complex issue. We are making progress, although unfortunately I cannot give a specific date today as to when we will be able to bring that change into effect.

[Dame Diana Johnson]

Will the Minister give way on that point?

[Kevin Foster]

Briefly.

[Dame Diana Johnson]

I am just a bit concerned because it is now several years since the issue arose. Getting clarity on what their entitlement to state pension will be is something that will concern an individual. The Minister says he cannot indicate when the issue is likely to be resolved. Does he have a best guess? Will it be a year, two years, five years?

[Kevin Foster]

We hope it will be quicker than the right hon. Lady has just suggested, and potentially a lot quicker than one of the timeframes that she suggested. I am not in a position today to give a specific date, but we are making excellent progress towards finally resolving this issue. We accept that we need to bring certainty to people, particularly given the age of many of those we are talking about, as touched on by the right hon. Member for Hackney North and Stoke Newington. Even the children of that generation are well into their 50s and 60s, given that, in many cases, we are talking about people who arrived in the UK before 1 January 1973. We are conscious of the urgency of resolving this issue. I do not want to make a misleading statement today and give a specific date by which it will be resolved, but certainly we believe we are making excellent progress and getting close to resolving it.

The changes we made to the scheme in December 2020 have significantly increased both the amount of compensation awarded and the speed at which awards are made. Since December 2020 we have paid out over £33 million, in contrast to a total of just under £3 million prior to those changes. We now frequently pay out over £1 million a month in compensation, and we recently paid out one of our largest awards to date—a single award in excess of £260,000 to one individual. I hope that Members will understand why I will not give further details of that case, which may identify the person concerned, given the sums involved.

[Ms Abbott]

The Minister has helpfully told us the total sum that has been paid in compensation, but how many claimants does that represent?

--- Later in debate ---

[Kevin Foster]

That is a very fair question. The £36.3 million that has been paid—I must say that £43.3 million has been offered, but I will stick to the figure that I used for payment—is across a total of 940 claims, out of the 3,490 received. Obviously, the sums vary, but the largest we have paid recently is over £260,000 to one individual, and there have been a number of payments in excess of £100,000.

It is worth remembering that there is not a cap; there is not a maximum compensation amount that someone can hit. That figure gives Members an impression of the scale of the payments now being made to individuals. As I said, I am sure that people will understand why I will not go into the details of that particular case, given that doing so could divulge the identity of an individual who has just received a significant amount of money.

[Stuart C. McDonald]

Have I understood correctly that there has been an increase recently in the number of people who have been offered zero compensation? Is the Minister aware of why that might be happening?

[Kevin Foster]

There have been a number of people whose cases have concluded with a nil offer. Part of that is because we are processing more cases and getting more cases towards a final decision. However, with each case, we believe that we have come to the right decision, and decisions can be reviewed and challenged if people feel that they are inappropriate.

Sometimes, people have just been looking for a formal apology for what happened to them, which is absolutely right. However, in other cases, the impacts may not be linked directly to someone’s inability to prove their immigration status. For example, someone may have lost their job due to a criminal conviction rather than because they were not able to demonstrate their immigration status. That would not be covered by the compensation scheme; someone must have lost their job due to not being able to prove their immigration status. That is where a number of the biggest awards have come.

[Jim Shannon]

I thank the Minister for his positive response. He referred to 900 people having been successful. Might the experience of those 900 who have successfully come to the end of the process help the other 13,400—I think that was the figure—who have not accessed the scheme? Is it possible to use their success to persuade others to get involved in the scheme—to show them how they can access it and reach the same successful conclusion?

[Kevin Foster]

The hon. Member hits on the point that making people aware that significant amounts of compensation can be received is one of the ways of promoting the scheme. I am aware of at least one other compensation claim that resulted in an offer of more than £270,000. The figure that I gave was not a one-off; it was a recent payment made last month, which is why I used it as an example.

We certainly take on board the hon. Member’s point that making it clear to people that there are opportunities to receive significant amounts of compensation is part of the way to bring people in, although he will of course understand that, at the same time, we wish to ensure that the scheme is paying those who were affected; it is not simply a way of accessing large amounts of money. We continue to offer preliminary payments of £10,000 as soon as we have identified that an individual will be entitled to an award, ensuring that affected people receive compensation as quickly as possible and do not need to wait for their claim to be finally concluded.

Rightly, a lot of Members have asked how we are going to increase the pace of progress. The biggest way in which we are doing that is by rapidly increasing the size of our casework team. We have recruited more caseworkers, expanding the number in post to 90, with 55 in training or in mentoring roles—experienced caseworkers mentoring new caseworkers being trained. That shows the scale of the increased resource that will soon be brought to bear, increasing the number of decisions. We have also recruited a further 30 staff who are going through security clearance. By spring, therefore, we expect to have a total of 120 case-workers in post and to be training them towards all being on the frontline making decisions.

Aside from taking steps to increase our size and the speed at which payments are made, we continue to look closely at any further improvements that can be made to the design of the scheme itself. We are ensuring that it remains responsive to the needs of those making claims.

In the report, the Committee rightly stressed the importance of ensuring that claims are looked at empathetically and that individuals are not required to meet an unreasonable standard of proof—a point well made by my SNP shadow, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East. The Department is firmly committed to ensuring that individuals receive the compensation to which they are entitled in all cases, including those where, understandably, there is limited documentary evidence given the timescales we are talking about—the time over which a claim is spread.

As I have touched on, the scheme operates entirely on the balance of probabilities, and decision makers receive in-depth training to ensure that that approach is applied fairly and consistently. We have a quality assurance team and an independent review process in order to ensure that all decisions are subject to a high degree of internal scrutiny. I also confirm that we are reviewing— as suggested by the Committee—the definition of homelessness within the scheme, to ensure that any losses are looked at in as wide a context as possible and are appropriately reflected in compensation awards.

In the light of that, we will ensure that all individuals who were left without a home or suffered a detriment due to poor standards of accommodation receive the full amount to which they are entitled. However, I stress that under the current scheme rules, claimants are not precluded from receiving an award for homelessness if they were forced to stay with friends or family. This is not just about someone not having a roof over their head.

Our efforts to promote new applications to the scheme and to engage with and gain the trust of affected communities continue. We will relaunch our face-to-face work imminently—I am sure that those present in the Chamber realise why over the past two years we have, unfortunately, been able to do a lot less face-to-face engagement than we might have liked, given the covid restrictions and the potential impact of hosting events during that period.

We have, however, worked with other groups. In November, for example, we worked with Bangladeshi communities through the Birmingham Commonwealth Association. That links to a point rightly made by hon. Members: while Windrush is associated mostly with the Caribbean, many other communities were also affected. I checked the records during the debate and, to give an idea of the impact on communities from outside the Caribbean, the Windrush taskforce has made nearly 2,000 grants of documentation to those with Indian nationality. There are also, by the way, small cohorts of European economic area nationals who qualify for documentation but, given the impact of free movement over the past few years, would not have been caught up in the incidents that led to the Windrush scandal.

[Stuart C. McDonald]

One of the recommendations that the Committee made—I think Wendy Williams recommended this too—was that the historical case review process that was conducted for Caribbean countries should also happen for non-Caribbean countries. The Home Office said that that would require too much in the way of time and resources. So that we can assess that, will the Minister write to us after the debate with a little more detail on why he thinks that exercise would be too difficult?

[Kevin Foster]

I will take that intervention in the constructive way in which it was presented. I think that it would be impossible to put an exact timescale, cost and things on it, but I am happy to set that out in writing. Given that I have said it in this forum, I will place a copy of my letter in the Library of the House for other Members to refer to and, of course, I will send a copy to the Chair of the Committee.

We are focused on what we can do. I have held meetings with Caribbean high commissioners to discuss how we can better promote this to those communities and we are keen to reach out, via diaspora groups from across the rest of the Commonwealth, to make it clear that this is not just about the Caribbean, even though I recognise that Windrush is very strongly associated with those communities.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East highlighted the difference between the numbers of people who have received documentation versus the numbers who have then gone on to apply for compensation. That has been of interest to us as well, so we are writing to individuals who have been provided with documentation under the taskforce scheme but have not yet applied for compensation. Our goal is to highlight to them the opportunity to apply.

Some people, such as EEA nationals, who were potentially entitled by the taskforce to documentation and who were here before free movement applied rather than since, would be very unlikely to have a compensation claim, given the impact of free movement rules and their nationality, yet we are interested to highlight to individuals the opportunity to apply. We have written to 4,500 individuals so far and we will continue to encourage people who have received documentation to consider applying. Again, we make it very clear that this has no bearing on their ongoing status. That matter has been resolved; this is merely about looking to see whether there has been an impact on their life and to bring them forward. We will certainly analyse the response. At a later stage, I would be happy to share some appropriate data in a way that does not identify individuals who may or may not have replied.

A couple of Members mentioned the second phase of our national communications campaign, which is under way. In partnership with our community media partners, we have launched promotional videos and radio adverts, reaching an audience of over 1 million across priority communities. We are keen to target and work with communities. We are conscious that simply taking out adverts in national newspapers or putting things on TV may not be the best way of getting through to those who were most affected by the Windrush scandal—those who were not necessarily the biggest followers of current affairs or the media, who may well have been affected. So we have been thinking about the best methods of outreach, such as community groups, to reach out to some of those people. That work is now under way and we believe it is starting to have an impact, given the impressions and views that we believe people have had of it.

[Jim Shannon]

Again, I thank the Minister. He is being incredibly gracious in giving us all the chance to intervene and ask questions. I am encouraged by what he says about the community involvement; that is good news. In my contribution, I suggested that face-to-face or one-to-one follow-ups could be another method of bringing more people into the system. Has he had a chance to consider that?

[Kevin Foster]

Yes. Some of the community groups that we have funded reached out and did leafleting and face-to-face engagement. Now that we are coming out of the pandemic period, we are happy to relook at what we can do on face-to-face appointments. As the hon. Gentleman will appreciate, that was difficult during the past two years, not because of any lack of will but because, understandably, people were nervous, and in some instances the regulations would not have permitted it. Certainly, we are keen to review that.

The hon. Member for Strangford (Jim Shannon) also asked whether estates might pursue the compensation that someone who had passed away would have been entitled to, and the answer is a simple yes. We have also changed the scheme to provide some funding to cover the costs of seeking probate. We were made aware that there was a potential barrier for people who were not of large means, of having to secure probate where someone had potentially died intestate. We have responded to that, as we are conscious that when someone passes away with an unresolved claim, that can be difficult for the family. We do not think there should be any financial benefits, if I may put it that way, to the Government when a decision has not been made until after someone has passed away; so their estate can make the claim on behalf of their loved one and receive the full amount of compensation that their loved one would have been entitled to.

I shall now discuss some of the areas that the Committee highlighted. The extra time today is most welcome, Dame Angela, as we can have a more in-depth discussion than is usually possible. Where a claim is accepted under loss of access to employment or benefits, the Government will seek to ensure that the individual’s national insurance position is corrected. We are finalising that work across Government. The scheme’s equality impact assessment has been updated to reflect the assessments that have been carried out for the recent changes to the scheme; it will be published later this month. I am conscious that I am probably about to get an intervention on what the date will be; we are planning to publish it later this month. I know that the right hon. Member for Kingston upon Hull North has been here long enough that if I were to say spring or summer she would say, “Those seasons can be interesting.”

We are also reviewing our rules on mitigation of loss and our approach to cases where individuals may charge for immigration applications in order to prove their lawful status. One of the areas where there was the most disagreement with the Government’s response was around whether the scheme should be transferred to an independent organisation. We believe that moving the scheme from the Home Office would risk significantly delaying payments to people. Many of the systems that confirm when immigration status existed are controlled by the Home Office, and inevitably the Home Office would play a very large role in the scheme, regardless of where it was formally based.

I accept that there is a need to build confidence in those communities. It needs to be made very clear that the Windrush team is separate—that it is not part of our overall immigration operation, but works separately—and that there are clear protections around data provided to the Windrush team, to ensure that that data is not available for other purposes in the Home Office.

I pay tribute to the Caribbean high commissioners, who I have spoken to on number of occasions about how they may be able to facilitate events where they make it very clear that they are only there to speak on behalf of the diaspora that they represent. They are seen as well trusted individuals who have no agenda other than seeking to help, and they could facilitate events that would encourage those people to come forward. Similarly, we are always prepared to work with colleagues in their communities and constituencies, particularly those who represent large numbers of people who are potentially affected by the Windrush scandal. We can work with them to reach out to those who want to come in and make the application for the compensation that they so richly deserve.

We are keen to focus on the scheme and getting payments out, rather than structural changes that may delay the process. We continue to work with our independent person, and a recent review that he has done concluded that moving the scheme would not speed up the process.

The other point of most contention was around legal access for claimants. We worked with Martin Forde QC to design the scheme to be accessible to anyone without the need for legal assistance. However, for those who want or need support to make a claim, the Home Office provides free assistance in making applications through our independent claims assistance provider, We Are Digital. Most claims that have been concluded have seen claimants receive compensation without any involvement of legal professionals, and we are continuously evaluating how we can better help claimants through the process of their claim. We are working with We Are Digital to ensure that their service is clearly signposted and accessible. We are also surveying those who have made use of the service to see what their experience was. In due course, we would certainly be happy to share with the Committee some of the details of the reactions that we have had from those who have been through that service—once that is finalised.

We continue to review and make progress on the Committee’s key recommendations. We want everyone to get the maximum amount of compensation to which they are entitled. As I have outlined, we have made several changes and improvements to the scheme to achieve that goal. Those include: the removal of the scheme’s end date, an increase in the minimum award to those claiming impact on life, and an increase in the number of caseworkers to speed up payments and resolution of cases.

We remain open to making further improvements, and we will continue to engage regularly with stakeholders and applicants, both at public events and on a one-to-one basis. The injustices suffered by members of the Windrush generation should never have happened, and we must do all we can to put them right and deliver the maximum compensation to those who are entitled to it, even though we know—as was so eloquently put in the debate —that for many this is not about financial compensation; it is about getting a recognition of the hurt that was caused to them when the identity that they hold as special and at the heart of their character was taken away.

Oral Answers to Questions

Kevin Foster Excerpts

Monday 28th February 2022 Commons Chamber

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

6. Whether she plans to review the legislative framework for granting citizenship.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

While we do not plan a wider review, the Nationality and Borders Bill will make several changes to the British Nationality Act 1981, allowing people to acquire citizenship where they had previously been unable to do so because of historical anomalies.

[Martin Docherty-Hughes]

It is often overlooked that this political state shares a common travel area with our neighbours across the sheuch, as some of us would call it. I dare say that, from citizenship frameworks to asylum policy, this Government have a lot to learn from Ireland about implementing humane and just policy for those coming to the UK. What steps, if any, has the Department taken in recent days to learn from the best practice seen in the Republic of Ireland in terms of its legislative frameworks for citizenship?

[Kevin Foster]

We always look at the practices in other countries, and I would point out that our visitor route is more generous than the equivalent in the Republic of Ireland. I am actually meeting an Irish Minister later today. We are looking at how we can amend nationality law to make processing slightly easier so that we no longer need to look into people’s past immigration history, but we have already done that recently in relation to a grant of indefinite leave to remain or settled status under the EU settlement scheme.

[James Gray (North Wiltshire) (Con)]

I congratulate the Government on changing the rules last week with regard to Commonwealth soldiers, who will no longer have to pay for their citizenship if they have served for six years. That was a great decision and I thank the Government very much for it. Does the Minister agree that similar flexibility will be needed in the near future with regard to Afghan refugees who are based here? A young family came to see me in my surgery last Saturday. They are now well settled, but they are concerned about how long it will take them to get citizenship. And of course, quite soon, similar questions will be raised with regard to Ukrainians.

[Kevin Foster]

A lot of nationality law is in primary legislation, which limits some of the flexibility we have, but we will certainly be happy to consider what we can do to support those who want to take that step to become British citizens.

[Holly Lynch (Halifax) (Lab)]

On 8 August last year, the Home Office sent a family from Halifax back to Afghanistan on a voluntary return flight. That family felt they had no choice but to apply for the voluntary return scheme, having had their claim for asylum refused the year before. Kabul fell to the Taliban just seven days later, on 15 August. The family have three children—the youngest is just five years old. Can the Minister explain how the Home Office could ever have allowed this to happen? Can he confirm whether this has happened to others? Can he put on record that the five-year re-entry ban, which would ordinarily apply to someone who leaves the country via the voluntary return scheme, will not apply in these appalling circumstances?

[Kevin Foster]

I am obviously interested to hear of the case that the shadow Minister raises, and I would be interested to meet her to discuss it further, particularly if the family is in Afghanistan, as it may not be appropriate to share the details on the Floor of the House. I would be happy to meet her and have a conversation about the circumstances of that case.

[Caroline Nokes (Romsey and Southampton North) (Con)]

7. What assessment she has made of the potential merits of making public sexual harassment a criminal offence.

--- Later in debate ---

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)]

8. What recent discussions she has had with the Scottish Government on immigration policy.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

We have introduced a new global points-based immigration system that works in the interest of the whole of our United Kingdom, including Scotland. We continue to deliver a comprehensive programme of engagement on the new immigration system, including with each of the devolved Administrations.

[Neale Hanvey]

President Zelensky’s formidable leadership and valour should inspire and humble us all. Like many MPs, I have constituents with family and close friends in Ukraine. Given the humanitarian crisis, will the Minister please advise us on what discussions are taking place with the Scottish Government to develop comprehensive, rapid accommodation for Ukrainian refugees, such as Ken Stewart and his family, across these islands now and in the coming days?

[Kevin Foster]

I briefly spoke with Neil Gray on Friday, ahead of potentially meeting more formally, about potential options for Afghan nationals currently in bridging hotels and those leaving Ukraine to be both housed and settled in Scotland. If there are individual cases at this stage, please feel free to bring them to my attention, and we will look into them.

[Mr Speaker]

I call the shadow Minister, Neil—sorry, Stephen Kinnock.

[Stephen Kinnock (Aberavon) (Lab)]

I have had that since I was 13 years old, Mr Speaker. You are not the first, and I am sure you will not be the last.

The Opposition support the call of the Welsh and Scottish Governments for the UK Government to offer sanctuary to Ukrainians who are fleeing the horrors of war, but the UK Government’s response has, once again, demonstrated the toxic combination of incompetence and indifference that are the hallmarks of this Home Secretary and her ministerial team.

Over the weekend, the Minister, who is responsible for safe and legal migration, tweeted that the Ukrainians who are running for their lives should apply to come to our country on seasonal fruit-picking visas. That tweet was the modern-day equivalent of “Let them eat cake.” Thankfully he has deleted it, but will he now come to the Dispatch Box to apologise unconditionally for that tweet? Will he also offer swift, well-managed and safe sanctuary to these victims of Putin’s barbarity who require our support?

[Kevin Foster]

I am interested in contrasting those comments with what the Ukrainian ambassador said yesterday. My right hon. Friend the Home Secretary will shortly announce more. As I have already said, it was useful to have a constructive conversation with the Scottish Government on Friday.

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

The Minister will have heard loud and clear during his call with Neil Gray on Friday that the Scottish Government fully support replicating the European model and lifting visa requirements for Ukrainian nationals now. The UK Government are now alone among our European allies in asking Ukrainians to jump through visa hoops to reach sanctuary here, and they are even more alone in legislating to criminalise, marginalise and impoverish those who seek asylum through their anti-refugee Bill. Surely basic human decency requires an urgent rethink on both counts.

[Kevin Foster]

My right hon. Friend the Home Secretary will shortly say a bit more on what we are looking to do for Ukrainians. Yes, it was a productive conversation with Neil Gray, but one thing that would certainly help us to support more of those seeking asylum in this country would be if 31 of the 32 local authority areas in Scotland, including the hon. Gentleman’s own, were not refusing to be dispersal areas.

[Luke Hall (Thornbury and Yate) (Con)]

9. What steps her Department is taking to help tackle antisocial behaviour.

--- Later in debate ---

[Stephen Timms (East Ham) (Lab)]

14. If she will take steps to resolve the immigration status of overseas students who have been falsely accused of cheating in English language tests.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

As I said recently in the House in response to an urgent question, the Home Office is awaiting the findings of the upper tribunal presidential panel, who are currently considering the case known as RK/DK, which we hope will bring further clarity to the ETS TOEIC issue. Once we have received and digested the judgment we will announce our next steps.

[Stephen Timms]

After 2014, over 30,000 overseas students lost their visas, accused of cheating in English language tests. It is now clear that the great majority of those students were entirely innocent. It is now over 12 months since the Home Secretary rightly told the Home Affairs Committee:

“We need to find a resolution”.

Why wait for the outcome of the court case? There is no need to delay. Why not now bring forward the resolution the Home Secretary has rightly promised?

[Kevin Foster]

Given that the judgment is believed to be fairly imminent, it makes eminent sense to wait for it and then announce our next steps fully taking into account what it says and what it concludes. As the right hon. Gentleman will be aware, given the passage of time we have already amended our guidance to make it clear that where a person’s right to a private and family life in the UK is relevant, the interception of a previous TOEIC test is not an invariable ground for refusal if they make an immigration application.

[Mr Speaker]

We now come to topicals. I have granted some extra time to the Home Secretary as she wants to make an important announcement.

--- Later in debate ---

[Scott Benton (Blackpool South) (Con)]

T3. Our failure to stop tens of thousands of illegal immigrants crossing the English channel in the last few years has resulted in them being accommodated in hotels, often in completely inappropriate locations, including a site in Blackpool, at a cost of millions of pounds per week to the UK taxpayer. What steps is the Minister taking to ensure that the Home Office can process the claims of those crossing the channel as soon as possible and reduce the huge cost to the taxpayer?

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

I recognise my hon. Friend’s concerns about the use of the property in Blackpool, which he has strongly expressed to me on previous occasions. We are looking to double the number of asylum decision makers and to take forward a programme of simplification and modernisation of processing to increase the number of decisions we make, cut down the backlog and reintroduce a service standard for the time taken for an initial decision.

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

The Home Secretary said that she was announcing a bespoke humanitarian route, but it is extremely unclear from what she said what the details actually are or who it will apply to. The Ukrainian people are showing great bravery, but we know that people, particularly mothers and young children and elderly parents, have left to find sanctuary. The UK has always done its bit to help those fleeing war in Europe and it will come as a relief to many people who have been calling for action if the Government are prepared to do more.

I must ask the Home Secretary, however, why there is so much confusion about it. The Russian invasion began five days ago and other countries responded with clear sanctuary arrangements immediately. Troops have been gathering since mid-January and British intelligence has been warning of an invasion for weeks. We have had a weekend of complete confusion. We still do not know what the arrangements are. Why was nothing worked out already? How on earth is the Home Secretary so poorly prepared for something that she has been warned about for so many weeks?

--- Later in debate ---

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

In the evidence the Home Secretary gave to the Home Affairs Committee on 2 February, she said that a major obstacle for accepting more people under Operation Warm Welcome for Afghans fleeing the Taliban was the lack of suitable accommodation because of Home Office contracts. The Select Committee has been warning about this for some time. I think that the Home Secretary has announced a bespoke humanitarian policy for those Ukrainians fleeing—[Hon. Members: “No, she hasn’t.”] Oh, perhaps she has not; I am sorry there is not a statement to clarify that. What I want to know is: what is she going to do about the lack of accommodation that the Home Office provides for asylum seekers and refugees in this country?

[Kevin Foster]

We are certainly concerned about the lack of suitable accommodation across the United Kingdom in terms of dispersal areas, which is why we are keen to sign up new areas to become dispersal areas. I am pushing my own council and, as I have already said, there are 31 out of 32 areas in Scotland that could do with signing up as well.

[Chris Loder (West Dorset) (Con)]

T9. Dorset police is at the bottom of the funding league table for police forces, coming 40th out of 41 forces, and we continue to battle issues of rural crime, including county lines drug gangs. Will my right hon. Friend commit to ensuring that Dorset gets its fair share, so that we can get more police officers—I particularly want to see the rural crime police team doubled, and I know those aspirations are shared by our police and crime commissioner?

British National Overseas Immigration: Hong Kong

Kevin Foster Excerpts

Thursday 24th February 2022 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

The Government are today announcing changes to the British National (Overseas) immigration route.

On 31 January 2021, the UK launched a bespoke immigration route for British National (Overseas) (BN(O)) status holders and their family members. The route reflects the UK’s historic and moral commitment to those people of Hong Kong who chose to retain their ties to the UK by taking up BN(O) status before Hong Kong’s handover to China in 1997, and followed China’s passing of the national security law which significantly impacts the rights and freedoms of the people of Hong Kong.

The route has already been a great success and as of 31 December 2021, there have been 103,900 applications since the route launched.

The current rules enable adult children of a BN(O) status holder to apply as a dependant if they apply at the same time as their BN(O) parent, are part of their parent’s household in Hong Kong, the UK or the Crown dependencies and were born on or after 1 July 1997. However, some of this cohort cannot currently access the BN(O) route because their BN(O) parent does not wish to apply, because they are not part of their parent’s household, or they are unable to apply at the same time.

It was right to think about the family unit of the BN(O), but this is creating unfair outcomes for the families of BN(O) status holders with some children able to access the route independently as they were old enough to be registered for BN(O) status, while their younger siblings aged between 18 and 24 are unable to access the route. It is right and important to address this so the Government have made the decision to enable individuals aged 18 or over who were born on or after 1 July 1997 and who have at least one BN(O) parent to apply to the route independently of their BN(O) parent.

This cohort will still be required to meet all of the other suitability and eligibility requirements for the route, including six months maintenance funds and the requirement for the applicant to be ordinarily resident in Hong Kong, the UK, or the Crown dependencies. Applicants will also need to pay the existing application fees for the route (£180 if applying for 30 months leave or £250 if applying for five years leave) as well as the immigration health surcharge. They will be able to be joined in the UK by their partner and children under the age of 18. After five years in the UK those on the BN(O) route will be able to apply for settlement, followed by citizenship after a further 12 months.

We intend to lay the changes to the immigration rules in September with the changes expected to go live in October.

This Government are committed to ensuring those planning to make the UK their home feel fully supported and welcomed when starting their lives here. As with those who have already come to the UK on the BN(O) route, this additional cohort will have access to the provisions available through the UK-wide Welcome programme led by the Department for Levelling Up, Housing and Communities, which consists of a package of support with up to £43.1 million made available so far.

We look forward to welcoming applications from those individuals who wish to make the UK their home.

[HCWS635]

Draft Immigration and Nationality (Fees) (Amendment) Order 2022

Kevin Foster Excerpts

Thursday 10th February 2022 General Committees

[The Chair]

Mr Speaker would like to remind Members to observe social distancing and to wear face coverings when not speaking.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

I beg to move,

That the Committee has considered the draft Immigration and Nationality (Fees) (Amendment) Order 2022.

It is a pleasure, as always, to serve under your chairmanship, Mr Hollobone.

The Immigration and Nationality (Fees) Order 2016 sets out the immigration and nationality functions for which a fee is to be charged, and the maximum amount that can be charged for each function. Members will have noticed that the draft order is not the longest piece of immigration legislation that we have ever considered in a Delegated Legislation Committee, given that it seeks to make only two changes to the fees order, specifically amendments to the maximum amount that can be charged for two application types: entry clearance as a visitor for a period of up to six months, more commonly known as the short-term visit visa; and entry clearance or leave to remain as a student.

I want to make it clear at the outset that the changes do not alter the fees paid by customers. Specific fee levels are set out in separate legislation, namely the Immigration and Nationality (Fees) Regulations 2018, and those levels are not impacted by the amendments we are debating. The changes in the draft amendment order, however, will serve to increase the flexibility on fees in future.

The maximum amount that can be charged for a short-term visit visa will increase by £35, from £95 to £130. That will align the fee maximum to the published unit cost for that product. The maximum amount for entry clearance or limited leave as a student will be raised by £10, from £480 to £490. That relatively small increase will provide some additional headroom on student fees, in particular those close to the existing maximum.

For background, both changes mark the first time that the maximum amounts will have increased since 2016. They will provide additional flexibility on those fees, allowing the Home Office to consider a balanced approach to fee changes across our visa routes.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

The Minister and I have history, and I like him as a person. It is interesting that these amounts are a ceiling, but I wonder whether he has seen the figures from 2019. He talks about student visas, but in the five years to 2019 the fee for limited leave to remain went up by 79% and that for indefinite leave to remain by 119%. At the time, there was an excellent comment in The Times Thunderer page—by me, actually—headlined, “Home Office must be stopped from running fees racket”, because apparently processing costs had gone down in that time, although the fees went up. I am pleased that he is setting a ceiling, but will he bear in mind that fees have been ratcheted up and up in the years until now and will he ensure that it really is a ceiling, to keep the fees down?

[Kevin Foster]

I thank the hon. Member for her intervention. As she says, we get on well. It is good to get that totally independent analysis—in quality and method—in the article that she wrote for The Times.

Over recent years, immigration fees have generally risen so that more of the costs of the migration system are borne by those who use it, rather than by the wider taxpayer. Colleagues will have realised that in the past couple of years there has been a big difference in the income from fees because of the pandemic. Inevitably, wider funding from the taxpayer has increased.

The changes we are discussing specifically will be only to the maximums for two routes. They will reflect the current unit costs, in particular for the short-term visit visas, although, as I said, the draft order will not change the fee to be paid by applicants. That would need a separate statutory instrument to alter the fees themselves.

We are conscious that we need to ensure that our routes are competitive and give value to those who apply for them. One of the core rules in the rest of our work is to simplify our immigration system to reduce the amount of times that people need to instruct a lawyer to help them with their application, which in many cases can represent a significant cost that might not be seen as a fee, but affects how much people end up paying to secure their status in this country.

Changes under consideration by the Home Office are about adjustments to simplify the range of fees payable by customers, including removing specific additional charges and consolidating what people are required to pay into one overarching fee. A good example is removing the biometric enrolment fees charged alongside certain applications, with these costs recovered through the main application fees instead, which we believe is a simpler and much more transparent approach to the cost of a visa. We will of course share further details about some of the changes we are looking to make with colleagues and the House when we are in a position to do so.

Colleagues will be aware that migration and borders functions are largely funded by immigration and nationality fees as part of the Home Office spending settlement to reduce the burden on the taxpayer more widely. It is critical that any changes are funded by other changes within the system. It is therefore vital that the maximum amount set out in the fees order allows appropriate choices to be made on individual routes to support a balanced approach overall to the fees we charge. I emphasise again that we are not changing any fee levels through the order. Any changes to specific fees would be subject to cross-Government consultation and further parliamentary clearance and would be implemented through fees regulations, not this order, I therefore hope Committee members see the need for it.

[The Chair]

The debate can last until 1 pm, and I call Stephen Kinnock.

--- Later in debate ---

[Kevin Foster]

I thank the shadow Minister for what was overall a constructive contribution, and I note that he does not plan to oppose the order. To address some of his questions, the criterion was to set the maximum at what we declare as the unit cost. We did not take a percentage figure for the short-term visit visa; it was based on the fact that the current unit cost is about £130, and the current maximum is £95. That was the logic. We were not, for example, looking for a specific 30% fee. We were setting the maximum as the cost of processing a short-term visit visa application.

The fee applies to everyone who applies for a short-term visit visa. Again, the order that we are debating today does not change the amount paid by a customer. After it has been passed, people will still pay £95 for a short-term visit visa until we bring forward changes to the fees regulations. For a range of reasons, particularly non-discrimination, those who are visa nationals—those who are required to get entry clearance prior to coming to the United Kingdom—would all pay this fee. There are many countries to which that does not apply; most notably, citizens of the B5JSSK—that is, Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States of America—our key allies globally, and of the European economic area, as well as any other non-visa national, would be able to come here and make their entry clearance application at the border, or through an e-gate in the case of a number of nationalities. The fee would apply to all visa nationals who are required to apply for a visa to come to the UK for a range of purposes.

The hon. Member for Aberavon has asked whether there is a separate fee if somebody is coming on business or on leisure. Provided that the person is coming for a business purpose that is provided under the visitor route, the answer is no. However, if they were coming to work or for certain occupations, they would need to apply, but that would be for a separate visa. The hon. Member may be aware that we plan to introduce a global business mobility visa to bring together a number of our routes for coming to the UK, not to work in a permanent job or to work towards settlement, which is what the skilled worker visa does, but to make use of certain trade agreements under which people can travel in and out of the UK and do particular functions and roles. That would not be done under the visitor route. A businessperson can come to the UK on a visitor visa to, for example, visit a trade fair, give a lecture, or do what is called a permitted paid engagement, which can be anything from performing at a local theatre for up to 28 days to arguing a court case as a lawyer here in the UK. Under the visitor route, people can do quite a range of things that we might consider to be for business purposes alongside all the things that happen for leisure purposes—for example, short-term study for up to six months is permitted under the visitor route. There would not be a different fee; the fee is the same.

People can apply for multiple entry visas. They apply over a number of years, and there is a different fee scale for them. The visa gives people permission for up to six months, and it is not uncommon for people to apply for entry permission, for instance because they are visiting family here in the UK. They will perhaps be stay for up to four months, but may travel in and out of the UK while they are here—provided, of course, that they secure relevant visas from the Schengen zone, and provided that their main purpose for being in the UK is compatible with the visitor route and they seek re-entry during the time for which their visa is valid.

An impact assessment will be done if we move to change the fees that are charged. If we change the fees that people pay, which the order does not do, we will not have to go from £95 to the maximum. There are a lot of points in between. If we changed the fees, we would do an assessment. I represent Torbay, where the economy is very heavily built on the tourism sector, and we would clearly want to consider what effect an increased visa fee might have on tourism. For many people, it will be a relatively small part of the cost of coming to the UK. Most of our near neighbours are non-visa nationals, so they would not be applying for this visa in the first place. We are talking about what are more likely to be long-haul journeys, where the cost of the visa itself is unlikely to be the main determining factor. It will be more about ensuring that someone can qualify for the visa—that is, as the hon. Gentleman mentioned, they can show that they can sustain themselves here, and that they are not planning to work when they should not be coming to work under this particular visa route. We will of course pay very careful attention to the tourism market and international visitors. We look forward to seeing a regrowth in international travel, particularly as travel restrictions start to be eased more in the global context this summer. That will be one of our key considerations in any move to increase what customers are paying.

Finally, the hon. Gentleman asked about a periodic review. We keep our fees under regular review. We look to see what impact they are having. We also of course look to compare them against those of competitor nations, where people may be thinking of going on holiday. For example, particular places that we look at are the United States and the Schengen zone. At the moment, we are comparable. Our visitor route is quite a generous one, of up to 180 days, and with quite a range of things that people can do that perhaps in other jurisdictions they might need to apply for a separate visa to do. I am thinking particularly of some of the cultural performances that people can do under paid permitted engagement, which is quite a wide permission.

Again, I welcome the overall constructive tone of the remarks from the shadow Minister. I hope that my responses give him some comfort in relation to some of the questions that he had for me.

Question put and agreed to

TOEIC English Language Tests

Kevin Foster Excerpts

Wednesday 9th February 2022 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

(Urgent Question): To ask the Home Secretary to make a statement about reports of failings in the test of English for international communication, or TOEIC, language tests in 2012.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

I am aware that BBC “Newsnight” is tonight examining the Home Office’s response to systemic fraud that took place in the teaching of English international communication exams prior to 2014. In 2014, the BBC’s “Panorama” programme uncovered examples of organised fraud on a significant scale taking place during TOEIC exams, as they are known, which were at the time required under immigration rules for student and other visas. The Home Office’s subsequent investigation into the abuse of English language testing revealed systemic cheating that was indicative of significant organised fraud. Ministers and Parliament were clear at the time that they expected a robust and speedy response. As such, the Government took a number of steps to fix the broken student visa system that operated before 2014 and to prevent such abuse from happening again.

The actions taken included stopping more than 1,000 colleges bringing bogus or low-quality students into the country who intended to work, not study. Given the scale of the fraud, it is impossible to say that nobody was wrongly affected and a number of appeals have succeeded. However, we continue to believe that there was a large-scale problem with cheating, as the BBC uncovered. Individuals affected have always had the right to challenge Home Office decisions through appeal or judicial review. Many have done that and it is important to note that the courts, up to the Court of Appeal, have consistently found that the evidence of invalid cases was enough for the Home Office to take the action it did.

However, as the Home Secretary set out to the Home Affairs Committee on 2 February and as the right hon. Member for East Ham (Stephen Timms) will be aware, the upper tribunal presidential panel is currently considering the case known RK/DK, which involves many of the issues raised by the BBC in relation to ETS TOIEC. The determination in that case will have a critical bearing on the Home Office’s future approach to ETS TOIEC-related cases, so it would be inappropriate to comment directly on the BBC’s findings ahead of that determination. I can confirm, though, that we will announce the next steps once we have received and considered the judgment.

[Stephen Timms]

In 2011, the Home Office gave a licence to the US firm ETS to operate its TOIEC English language test to establish whether overseas students could speak English well enough to study in the UK. Nearly 60,000 students took the test over three years but, as the Minister said, in 2014 “Panorama” exposed cheating at a number of TOIEC test centres and the ETS licence was withdrawn.

In response, ETS promised to analyse its recordings of all the students who had taken the test. Having done that, ETS told the Home Office later in 2014 that 96.5% of the students had either definitely or probably cheated. The Home Office seems to have failed to ask even the most basic questions about that absurd claim, now discredited, and it went ahead and cancelled the visas of more than 30,000 students. Contrary to what the Minister said, no appeal was available other than for students to go back to their home countries and then appeal, but in reality there was no provision there to make an appeal. Thousands of innocent students had their futures destroyed.

This morning, the original “Panorama” team has reported that ETS knew about the cheating well before the “Panorama” programme but did nothing because it wanted to keep the revenue. The BBC has also reported that the Home Office was told in 2012 by ETS whistleblowers but, instead of cancelling the licence then, allowed ETS to carry on for another two years. Thousands of innocent students were dragged into disaster as a result. Home Office failings have wrecked the lives of thousands of innocent people.

The Home Secretary told the Home Affairs Committee a year ago that too many people had been hurt and that a resolution was needed, but there has been no progress since. Will the Minister now come forward with a straightforward mechanism, as promised by the previous Home Secretary two and half years ago, to enable innocent students to clear their names and rebuild their lives?

[Kevin Foster]

As I have already touched on, I will not be commenting more widely on some of the matters that are currently sub judice, but I point out again that the scale of cheating exposed at the time was endemic. It is a rather bizarre argument that we should have gone earlier and harder on this issue. I made it clear in my statement that the courts up to the Court of Appeal have consistently found that there was enough evidence of invalid cases for the Home Office to take the action it took.

As I pointed out, there are opportunities for appeals. Those who have been here for some time may well be able to make claims based on their private life or human rights claims that would allow them to secure status in this country.

At the core of all this is the need to reflect on what has happened over the past 10 years in respect of what was previously the tier 4 route and is now the student route. We have reformed a system that was wide open to abuse and that brought the name of our education sector into disrepute. We have created a new system, particularly in respect of the new student visa, that works for students and education providers and, crucially, in respect of the Home Office balancing the need for compliance with the wish to facilitate the ambitions of hundreds of thousands of people who wish to study at our world-leading institutions. The student visa system is a world away from where it was in the past.

Finally, I should point out that 20 people have been convicted for their role in the systemic and organised cheating in English tests. That speaks strongly to the actions we took. As I said, there continues to be a process through the courts for those who wish to challenge the decision in their own cases. As the right hon. Gentleman knows, we encourage the courts to make a determination if there is an allegation of dishonesty in relation to TOIEC. As I said, when the final judgment comes from the panel, we will respond more fully.

[Stephen Kinnock (Aberavon) (Lab)]

I thank my right hon. Friend the Member for East Ham (Stephen Timms) for securing this urgent question. I must also say that I look forward to working constructively with the Minister, but I can assure him that we will robustly hold him to account as well.

We know there is a moral vacuum at the heart of this Conservative Government. We know that No. 10 is a shambles and that the Home Office under this Home Secretary is not fit for purpose. This case brings all those fundamental flaws into a toxic combination of indifference and incompetence. The harrowing accounts that have emerged include a man who was held in a cell for months on end, wrongly accused of failing his test, without any right to release or even to appeal. Students who could have contributed so much to our country have been wrongly deported based on unreliable evidence and as a result have suffered deep and intolerable injustice and personal hardship. As one student put it:

“I want my future back.”

It goes without saying that the Labour party supports the use of English language tests, and of course we support efforts to target cheating, but we must utterly condemn the blind eye that the Home Office turned to ETS’s failings. Can the Minister therefore tell us why on earth the Home Office thought it appropriate to allow a discredited ETS to manage the initial investigation in 2014, and to rely on its deeply questionable data? Do the Government intend to continue to rely on ETS’s claims? If so, how can the Home Office be sure the data is reliable? What action do the Government plan to take to right those wrongs? Will they continue to force migrants through the demeaning process of lengthy legal battles rather than resolving the matter internally? Will the Minister commit now, from the Dispatch Box, to a mechanism that will allow innocent students to clear their names?

This is, of course, just one of a litany of Home Office failures under this Conservative Government since 2010, from the Windrush scandal to data leaks and the ongoing small boats crisis. The Home Secretary must now take full responsibility for this shocking miscarriage of justice.

[Kevin Foster]

Let us start on a constructive note: I welcome the hon. Gentleman, my new shadow, to his place. The circumstances that led to his appointment are obviously unfortunate, but I genuinely welcome it and look forward to having a constructive relationship with him, as I have with other shadow Ministers, on matters where there is agreement and where it is in everyone’s interest that we engage constructively.

Turning to the comments the hon. Gentleman has just made, I find it quite interesting to get a lecture on how to set up an immigration system from the party that initially set up the tier 4 system, with its many flaws that we discovered on coming into government 12 years ago. It is a bit rich to be getting a lecture now on the fact that there was a need to reform massively our student visa system to ensure any form of effective compliance within it.

However, as I have touched on, I will not get drawn on the wider facts within the court case. We have already seen judgments and determinations up to and including the Court of Appeal saying that the evidence was sufficient to justify taking the actions we took at the time. I respect the fact that people have the ability to go to the courts, particularly now that people are getting leave under our private or family life rule; that is not a huge surprise, given that we are talking about people who entered the UK, in many cases, at least eight years ago.

Our position is that there are mechanisms, but we are awaiting the determination. We will be able to set matters out more fully then; I hope we all understand why it makes sense to get that particular tribunal determination and then announce and confirm our next steps, rather than speculating on what it might say.

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

I too pay tribute to the very tenacious right hon. Member for East Ham (Stephen Timms), as well as to Migrant Voice, the immigration lawyers and most of all the students who have all refused to accept the outrageous injustices perpetrated on them by the Home Office. Yes, there was significant fraud, but the Home Office must wake up to the fact that there was systemic injustice for innocent students. It came about because, despite its having been put under criminal investigation, that very same company, ETS, was asked by the Home Office to be judge and jury on tens of thousands of students and to mark its own tainted, dodgy homework.

That company’s verdicts were accepted without question; no opportunity was given to students to provide their own evidence, or even to see or hear the evidence against them. It was not so much Home Office negligence as maliciousness, and one of the worst excesses of the hostile environment policy. The questions today are: what will be done to fix it and what lessons can be learned?

On fixing it, it is not good enough to hide behind out-of-country appeals or judicial reviews. Those are hopeless processes. The Minister needs to consult on a process that is independent and fast and that can allow students to right the wrongs that have been meted out to them, and there will also have to be a compensation scheme. Finally, what has the Home Office learned from all of this, and is it not about time that this whole episode was also handed to Wendy Williams?

[Kevin Foster]

The biggest lesson that was learned was the need to transform our student visa system from one that was all too often a flag of convenience for those looking to come to work in the UK rather than for those genuinely looking to study. As we have said, the system has been absolutely transformed. It is one of our most compliant routes. It has allowed us to bring in additional benefits such as the graduate route that we created last year, plus more simplified processes for those applying for a student visa in the UK, both of which are very much rooted in the excellent relationship that we now have with the sector. Let us be very clear, we got rid of more than 1,000 sponsors, who, it is safe to say, were not meeting the high standards that the sector more widely provides.

On the specifics, again, we are waiting the determination from the tribunal. I have touched on the judgments that we have already had on the evidence that we used for the basis of our action, up to and including the Court of Appeal. Once we have the determination of the tribunal, we will be happy to confirm our next steps.

[Ms Lyn Brown (West Ham) (Lab)]

One of my constituents was woken at 6 in the morning, dragged from the home that he shares with his British wife and child and detained for days. He lost the right to work and was catapulted towards bankruptcy, unable to pay more legal costs. For year, after year, after year, he was terrified of another knock on the door. Although this is the story of one constituent, it is the story of many of my constituents. All they want is a fair chance to clear their names, and, frankly, they deserve compensation as well. I would be really grateful to hear something from the Minister, as this has dragged on for too long. The Government must create a process to end this scandal. When will they do so?

[Kevin Foster]

Again, once we have the tribunal determination, we will set out more fully what our response is, rather than speculating today on what that response may be. As I have said, other people are making applications under the status of their private and family life. We have changed our guidance to make it clear that that status is not a block to the application being granted. Obviously, decision makers in the Home Office will now appropriately balance matters of eight years ago with what someone’s private or family life may be today, and look at the proportionate outcome in a case.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

It is pretty clear that today’s urgent question—I congratulate the right hon. Member for East Ham (Stephen Timms) on obtaining it—will not be the last word on this matter. I wonder whether, when we return to this in the fullness of time, the Minister’s answers will look quite as robust as the delivery with which he offers them to the House today. Instead of doubling down on the history of the Home Office’s dealings with ETS, would it not have been better to bring in somebody independent of the Home Office to restore a bit of trust in the system, which is so manifestly lacking?

[Kevin Foster]

We are talking about actions taken during the time of the coalition Government. Obviously, we were grateful for the support of the right hon. Gentleman’s party at that time.

On bringing in independent systems, we have touched on that. There is an ability to appeal decisions to the courts, and we encourage the courts, where there is a case before them, to make a determination, and we have been doing that for some time. Again, we await the tribunal. The right hon. Gentleman is speculating on the outcome. We will see what the outcome actually is and then bring forward what we believe should be the next steps.

[Christian Matheson (City of Chester) (Lab)]

I have as constituents a married couple: the wife is originally from the Philippines; they have been married for several years. She was sucked into this scandal by having, by chance, to use one of these centres and was deemed to have cheated the system. If she makes a subsequent application, it will be assumed that she has been dishonest previously and she will not be allowed to apply. I urge the Minister, now that there is enough doubt and murkiness about these systems, to draw a line and to say to everybody who applied previously, “We will not tarnish your reputation. It is a fresh application and do your best.”

[Kevin Foster]

As I said, we have already amended our guidance where a person’s right to a private and family life in the UK is relevant. An allegation in relation to TOEIC is not a block and does not mean that an application would not be granted. It is not an overriding consideration, as other evidence of criminality or dishonesty in the immigration system may well be. The hon. Gentleman will be familiar with that.

Again, the tribunal has not given us a timescale, but we believe we are not far away from getting a final determination which will allow us to bring forward our next steps based on that determination, rather than speculating about what the determination might be. At the moment, there is not a block on a person making another application, and our guidance will, of course, take into account the balance of the individual’s rights and interests versus conduct of at least eight years ago.

[Alison Thewliss (Glasgow Central) (SNP)]

I have constituents who are affected by the TOEIC scandal, and I also have constituents who are affected by the paragraph 322(5) highly-skilled migrants scandal. What they have in common is the devastating impact of accusations of being of poor character or of cheating. Will the Minister look again at the cases of my constituents, all of whom claim to have had no bad character and no cheating? Will he apologise to them for the hell he has put them through?

[Kevin Foster]

As always, I am happy to look at individual cases referred to me, but it would not be appropriate for me to discuss individuals on the Floor of the House. On the overall position, we have to look back at the scale of what was happening eight years ago. It is not happening in our immigration system today, as we have transformed the student visa system.

On another route that has been cited, we are making sure that things such as HMRC data are rightly used in immigration applications. As it stands, the tribunal determination is imminent and we will announce further steps once we have it.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I also have many constituents who are affected by this appalling TOEIC scandal, both the tier 4 migrants who were bringing the skills that we so badly needed in this country and the students who were coming here to learn extra skills to take back to their home country. When this scandal hit them, they were forced either to live under the radar on no income while they fought to get justice for themselves through the courts, or to give up and go home, as many did.

It caused huge shame to those who had to go home, particularly the students who had paid a fortune to take the courses. Some of them had given up in the third year, and the universities did not allow them to catch up and they had to start all over again. All the people I met were willing and able to take further English exams. In fact, several had already passed a higher-level test, the International English Language Testing System test. Will the Government at least consider giving those who remain in the system some justice by letting them take a further English test?

[Kevin Foster]

It might be tempting to say, “Why not take a further English test?” Of course, if somebody has been living in the UK for eight years, it is likely that their English will have improved considerably since their test. As I have outlined, there is a reason why we shut down more than 1,000 bogus colleges a decade ago: we had a route that was completely open to abuse. It was a flag of convenience for the many people who were coming to the UK to work, not to study. That is why the biggest lesson learned was to have an effective student route, which is what we have today.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

We all know that people cheated on the TOEIC tests. We also know that unreliable evidence condemned many innocent victims, perhaps thousands of them, to a life of abject hardship and poverty. They are unable to work or study, their life has been put on hold and their reputation has been absolutely trashed. They need justice. What mechanism can the Minister offer to get them out of this situation that will not cost them further money that they simply do not have?

[Kevin Foster]

As touched on, people can appeal to the courts, and many are getting determinations based on their private and family lives. As I have mentioned already, courts up to and including the Court of Appeal have held that our approach, given the evidence we had of systemic cheating in the system, was appropriate and proportionate. However, we await the latest determination, which will then allow us to announce what further steps we may wish to take.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

I have English language schools in my constituency that are of very high quality and are very robust, and they have dozens of former students whose lives are in limbo because of this scandal and who continue to suffer from the effects of it. The Minister said that they have the option of applying through the family life system or they can go to court. Would it not be better to consider reviewing all those cases and giving those people some justice?

[Kevin Foster]

As the hon. Member says, we now have a very strong system of English language tuition and of both universities and other higher education institutions sponsoring under our student route. That works very well, is highly compliant and is an absolute world away from the system that existed 12 years ago. On what he suggests about other areas, there is the ability, as I have said, for people to make private life applications if they are here in the UK. However, on the wider position, I think it makes eminent sense, given that we are awaiting a determination from the highest tribunal in effect—the upper tribunal presidential panel—to actually have that determination and then consider what the next steps will be, rather than to announce something speculative.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for answering the urgent question.

Immigration Rules: Statement of Changes

Kevin Foster Excerpts

Monday 24th January 2022 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

My right hon. Friend the Home Secretary (Priti Patel) is today laying before the House a statement of changes in immigration rules.

The Migration Advisory Committee are undertaking a review into the impact of the ending of free movement on the social care sector. While the MAC are not publishing their full report until the end of April 2022, they felt they had sufficient evidence with which to make a recommendation in their annual report to add care workers to the Health and Care visa and the shortage occupation list. Their recommendation was made in the context of increased demand for adult social services, increasing vacancies and issues with staff retention. They have re-asserted their position of the underlying cause of recruitment and retention problems being mainly due to pay, terms and conditions, and lack of progression in the sector. This is now coupled with pay in other competing sectors—such as catering, retail and cleaning—catching up to the adult social care sector, due to the rise in the national living wage.

In light of the clear evidence which the MAC have presented and the important role the sector is playing in face of the exceptional situation during the pandemic, the Government announced on 24 December that we were agreeing to their recommendation. As recommended by the MAC, the salary threshold will be in line with the rest of the shortage occupation list—with a reduced minimum salary threshold of £20,480 in place—compared with a general threshold of £25,600 for non-shortage occupations—and applicants will need to meet all of the other requirements, such as having a job offer from an approved Home Office sponsor and meeting English language requirements.

Taken together with the wider package of support measures for the adult social care workforce announced since September—including the £462.5 million to help local authorities and care providers retain and recruit staff over winter, on top of the £500 million for workforce training, qualifications and wellbeing announced as part of the health and social care levy, they will help us ensure sustainability and success for our long-term vision for this sector.

As the MAC do not believe immigration can solve all, or even most, of the problems associated with social care recruitment, but can help to alleviate difficulties in the short term, we are therefore creating an initial 12-month application window whereby workers can apply for visas in this occupation. During this time, successful applicants will have all the same rights, benefits and obligations as other health and care visa holders—including the right to bring dependents and to settle permanently in the UK. This decision will be reviewed by Government later this year to determine the success of this change in relation to wider changes in the sector to attract and retain staff, the position with regard to the impact of the pandemic and whether it remains appropriate for this occupation to remain on the shortage occupation list.

This does not signal a departure from the RQF 3 threshold and the points-based system more broadly, which the MAC agree strike the right balance between access to international talent and resident labour. Employers must continue to invest in training, opportunities and wages for the resident workforce to ensure the UK’s hard-working care workers get the type of rewarding packages they deserve and which are common in other sectors.

[HCWS552]