Immigration Bill Consultation

Mark Harper Excerpts

Wednesday 3rd July 2013 Written Statements

[The Minister for Immigration (Mr Mark Harper)]

The forthcoming Immigration Bill will make it more difficult for illegal migrants to live in the UK unlawfully and ensure that legal migrants make a fair contribution to our key public services. I am launching two consultations to set out some proposals on how we will achieve this. Copies are available in the Library of the House and on the Home Office website at: http://www.ukba.homeoffice. gov.uk/policyandlaw/consultations/. Further proposals will be set out over the summer.

The first consultation is on proposals to better regulate migrant access to health services in the UK and will run for eight weeks. We are responding to public concern that the current rules regulating non-EEA migrant access to publicly funded health care services are both overly generous, particularly when compared with wider international practice, and poorly applied. These current weaknesses result in the UK taxpayer unfairly bearing the health care costs of temporary non-EEA migrants, who will not make the same financial contribution to our health care systems as permanent residents over their working lives in the UK, and short-term visitors and illegal migrants who access free health services when they should be subject to treatment charges.

This consultation will run in parallel to a separate Department of Health consultation which analyses the vulnerabilities of the current charging regime for overseas visitors in England, and sets out a range of proposals for reforming the system, including through improved registering and tracking of chargeable patients.

The second consultation launched today concerns proposals to prohibit illegal migrants from renting accommodation in the UK and will run for seven weeks. This forms part of the Government’s wider drive to prevent illegal migration, including by removing the means by which migrants can live in the UK unlawfully. Our intention to take action in this area was signalled by my right hon. Friend the Prime Minister in his speech on immigration on 25 March, and the inclusion of related measures in the forthcoming Immigration Bill was announced in the Queen’s Speech on 8 May.

The consultation seeks views on the creation of a duty to require landlords to conduct immigration status checks on tenants before providing residential accommodation, with financial penalties for those landlords who let property to illegal migrants having failed to conduct the necessary checks. The landlord checking proposal is modelled on the existing civil penalty scheme for employers of illegal migrant workers.

Family Migration Rules

Mark Harper Excerpts

Wednesday 19th June 2013 Westminster Hall

[The Minister for Immigration (Mr Mark Harper)]

I am pleased to serve under your chairmanship, Mr Owen. I congratulate the hon. Member for Ealing, Southall (Mr Sharma) on securing this debate. Before responding to him, I want to respond to points made by other hon. Members.

The hon. Member for Rhondda (Chris Bryant) took well over half the remaining time, so I will probably not be able to take many interventions, and I will struggle to cover some points. In response to the point that the right hon. Member for Leicester East (Keith Vaz) ably made, apart from the commitment by the Opposition to repeal our changes to the family visa appeal route, I struggled to hear any commitments from the Opposition on what they would do about our policies. That may be a disappointment to Opposition Members, but the Labour party does not seem to think that it will change any of the rules that we have laid out. That is the impression I got from the speech of the hon. Member for Rhondda, so I suspect that he will be popular with people wanting to bend his ear. Despite saying nothing about the Opposition’s policies, he took a long time in doing so.

I will say a few words about the intentions of our policy, and then try to pick up some of the points ably made by the wide range of hon. Members who spoke. A general point about the immigration system is that we are determined to take control of it and to restore public confidence. We have made considerable progress with the changes on numbers, reducing net migration by more than one third since the election. The issue is not just about numbers—my hon. Friend the Member for Croydon Central (Gavin Barwell) touched on this—but about preventing abuse and setting out sensible rules that people can follow. That was the context in which we implemented the reforms to change the rules for family migration for non-European economic area nationals seeking to enter or remain in the UK on the basis of their family life.

The rules have three aims. The first is to tackle abuse. The hon. Member for Ealing, Southall referred to the extension of the probationary period from two years to five years before partners can apply for settlement. That is to test whether the relationship is genuine and should help to deter applications based on sham marriages. That not only deals with abuse, but protects people who are often forced into sham marriages to provide a mechanism for someone to come to the United Kingdom. That is a welcome change.

Secondly, we want to ensure that family migrants are better integrated into British society, which is why, for example, from October 2013 they will have to pass the new “Life in the UK test” and demonstrate that they can speak English at intermediate level. Our view is that no one can properly integrate into British society without at least intermediate English language skills.

The third aim, which hon. Members largely focused on today, is to prevent a burden on taxpayers, which is why we have introduced the minimum income threshold of £18,600 for those wishing to sponsor the settlement of a partner.

[Alison McGovern (Wirral South) (Lab)]

Will the Minister give way?

[Mr Harper]

No, I will not give way because the hon. Lady has not been here for the whole debate and I want to deal with points raised by hon. Members who have been here, if she will forgive me.

The central point, which came into all the contributions, is that we welcome people who want to make their family life in the United Kingdom, but we expect them to pay for it and we do not expect taxpayers to pay for it. This may be one area where our welfare system interacts with the immigration system. The £18,600 figure is not arbitrary—I agree that the Migration Advisory Committee did some serious evidence-based work. It is broadly the figure at which a couple are no longer able to have income-related benefits. If the argument is that that figure is high and that many people in this country will not earn that much, we must remember that they may have a level of income at which they may receive income-related benefits. That is the challenge.

I would turn the question that some hon. Members have asked around. If someone is on a very low income and wants to bring a partner to the United Kingdom, they are really saying that they want the taxpayer to support them. Hard-working families around the country would ask why their hard-pressed taxes were being used to fund someone else’s family, because that is what they would be asked to do.

[Dame Joan Ruddock]

The Minister said “a couple”. Our argument is that we should let the other person in on the basis that they will take work, and then be above the threshold and not claiming public benefits.

[Mr Harper]

The right hon. Lady makes a very good point.

[Mr Roger Godsiff (Birmingham, Hall Green) (Lab)]

Will the Minister give way?

[Mr Harper]

I will not give way because the hon. Gentleman has not been here for the whole debate—[Hon. Members: “Yes he has.”] I will give way briefly as he did not get to make a speech.

[Mr Godsiff]

That is kind of the Minister. I was waiting for his speech so that I could ask my question. Will he tell us how many applications have been made by spouses who come here for the two-year probationary period to try to access benefits? He must have some figures, so can he tell us?

[Mr Harper]

The point I was making was about people who come here when they are not entering into a genuine marriage. I will not have a chance now to find the data. If the hon. Gentleman had asked me earlier, or made a speech, I would have been able to find them before the end of the debate. I want to try to answer the questions that hon. Members have already asked.

I turn to some matters that will address the point made by the right hon. Member for Lewisham, Deptford (Dame Joan Ruddock). There are some areas where we have been flexible already. I had a meeting with the hon. Members for Slough (Fiona Mactaggart) and for Bristol East (Kerry McCarthy), who were here earlier. We looked at some flexibilities, which I agreed to take away and consider. They were about the length of time for which savings must be held if they arise from the realisation of an asset that can be clearly traced to that family. The example that was given to me was someone selling a property that was clearly their property. I also said I would consider the situation where people hold savings in an investment-based account, such as a stocks and shares ISA, and whether that counts as cash.

I am prepared to consider whether we can put in place some rules that are not vulnerable to abuse. The best argument was the example of a couple, one of whom would be working here but was insufficiently skilled to meet the criteria to apply under the tier 2 scheme. I thought one of the examples in the report was a bit odd. I struggled to see how someone who earned £400,000 a year and had £3.5 million of assets could not come here on a tier 2 visa, or would be unable to organise their finances sufficiently to meet the rules. If people can get here under a tier 2 visa, that is fine. However, clearly there are people who could make a contribution but could not meet those criteria.

The situation is not quite as straightforward as people say, because we must guard against abuse. If all people have to do is to show a piece of paper saying that they have a job offer, I know from the number of cases I have seen that it will not be long before people are setting up vague companies and offering jobs that do not exist. There must be a way of putting in place processes that do not lead to abuse. I think that is worth doing and I am prepared to go away and do so. The Chairman of the Home Affairs Committee said that I listen, and I do. I see details of cases that colleagues write to me about, and I am keen to ensure that the rules are fair. They have been in force for less than a year, and we have already made some changes to make them more flexible.

Another suggestion was to have a different income level across the country, and the Migration Advisory Committee looked at that. We do not have a regionalised benefit system, with the exception of housing benefit. Most benefits are consistent throughout the UK. The logic for having a different income limit would mean a different benefit system throughout the United Kingdom. I do not know, but I am guessing that most Members who argue for a regional income level to be taken into account for this process would probably not be in favour of a regionalised benefit system.

[Kate Green]

Will the Minister give way?

[Mr Harper]

I have only 50 seconds left and I have not covered all the points. Let me pick up two specific points. The hon. Member for Brent Central (Sarah Teather) asked whether there had been any discussion with the Department for Education on children’s best interests. Yes, there has been. Our family consultation and the statement of intent that we published were discussed with all relevant Departments in the way that one secures agreement across Government. Our rules and policy on leave outside the rules take into account a child’s best interests. I will give an example. In exceptional cases, those circumstances can be taken into account. Since I have been doing this job, I have authorised the grant of leave outside the rules to an applicant who, with their British partner, was unable to meet the income threshold but had serious concerns about the health and welfare of a child.

Oral Answers to Questions

Mark Harper Excerpts

Monday 10th June 2013 Commons Chamber

[Andrea Leadsom (South Northamptonshire) (Con)]

2. What steps she is taking to prevent abuse of article 8 of the European convention on human rights in respect of the removal of foreign criminals.

[The Minister for Immigration (Mr Mark Harper)]

Last July, we changed the immigration rules to ensure that, under article 8, the rights of society are properly balanced against the individual rights of foreign national offenders. The rules received the unanimous support of this House. Unfortunately, some judges are not applying the rules as Parliament intended, and our Immigration Bill will give the full force of primary legislation to them.

[Andrea Leadsom]

I am grateful to my hon. Friend for his answer. What more can he do to try to ensure that judges strike the proper balance between the rights of the individual and the rights of society, which are sometimes under threat from them? Can he persuade judges to listen to the will of Parliament?

[Mr Harper]

I am grateful to my hon. Friend for that. Of course this House thought that that is exactly what it had done, as it sent a very clear message to judges about the balance that this House, on behalf of society, had struck to put the rights of the innocent first. Judges have not got the message, which is why we will legislate to make sure that it is reflected in the law.

[Chris Bryant (Rhondda) (Lab)]

Given what the Minister has just said, why on earth was the number of foreign criminals deported in 2011 just 4,522, whereas in the last year of the Labour Government it was 5,528? The Government are failing on this, and it is little to do with what he has said. Given that one of the best ways of making sure that suspected criminals are deported from this country is the European arrest warrant, which extradites them elsewhere, why on earth are the Government thinking of withdrawing from it?

[Mr Harper]

The hon. Gentleman should know that this is about exactly the reason I set out; he will know, if he has done his research, that between 2011 and 2012 there was a significant increase, of more than 1,000, in the number of appeals made by criminals to prevent their deportation. That is exactly why we need to take action, and it is another area we will deal with in the Immigration Bill.

[Sir Gerald Howarth (Aldershot) (Con)]

May I congratulate my hon. Friend and the Home Secretary on the determination with which they have pursued this matter? I invite my hon. Friend to recall the remarks made by the Prime Minister last week in answer to me, when he expressed great concern about the European Court of Human Rights, which has been subverted from its original intention. Are the Government still prepared that the United Kingdom should secede, because the British people are absolutely fed up with this Court?

[Mr Harper]

My hon. Friend will know that the Government have laid out our position clearly. I suspect that the issue he mentions—what happens to the Human Rights Act and with this country’s relationship with the European Court—will be dealt with in debate at the general election.

[Glyn Davies (Montgomeryshire) (Con)]

4. What steps she is taking to reduce benefit tourism.

--- Later in debate ---

[Richard Burden (Birmingham, Northfield) (Lab)]

9. What assessment she has made of increases in waiting times for visa decisions.

[The Minister for Immigration (Mr Mark Harper)]

The Home Office’s performance in granting visa applications overseas has been excellent and remains so, with average waiting times decreasing rather than increasing. As I have acknowledged myself at the Dispatch Box, there have been problems with our in-country performance in the past financial year, but since the abolition of the UK Border Agency and the creation of UK Visa and Immigration we have got that on the right path, with waiting times decreasing too.

[Richard Burden]

We are probably all aware from our own casework of the real problems that visa delays cause for our constituents. Given that the average waiting time for a skilled worker—somebody whom the British economy needs—has gone up from 36 days in 2010 to 56 days in 2012, does the Minister really think that measures of the kind he mentions are going to crack the problem, and if so, when are we going to see the results?

[Mr Harper]

I acknowledged openly and honestly that there had been a problem in the past financial year, and that is what the figures quoted by the hon. Gentleman reflect. However, as I said, in the past quarter the figures have improved, so when they are published in the instalment of that information that we give to the Home Affairs Committee, he will see that we are getting things back on track. There is an open session with Members of Parliament this Wednesday, and I hope he will attend to listen to the steps we are taking to improve performance.

[Mr James Gray (North Wiltshire) (Con)]

Will the Minister pay particular attention to the business community in China, where there is evidence that people are being disincentivised from coming to the UK because it is easier to get elsewhere in the EU and because of the time taken? Surely there is an argument for having a fast-track procedure for bona fide business visitors from China so that they can come to Britain to help our economy.

[Mr Harper]

I am grateful for that question because it gives me an opportunity to set out the excellent performance we deliver on visas applied for from China. We grant 96% of visa applications and deliver 95% of those within 15 days; for business visitors, we deliver the vast majority within five days. We are increasingly rolling out premium services, with an ongoing increasing performance level, for the very reasons that my hon. Friend sets out.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

The recent report on family migration by the all-party migration group—I am vice-chair of the inquiry committee—shows that the processing time for non-European economic area partner applications has significantly increased over the past 18 years. What is the Minister doing to keep families united rather than dividing them?

[Mr Harper]

My response to the hon. Gentleman, who takes a very close interest in these matters, is similar to the one that I gave to the hon. Member for Birmingham, Northfield (Richard Burden). He is right: in the past financial year, those processing times increased. We have split family applications for spouses from, so to speak, straightforward applications, and we are making decisions on them much more quickly. They had been grouped with applications that were taking a great deal of time. The hon. Gentleman will see in the latest figures that we have made a great improvement, and I hope to see more of that in future.

[Dr Julian Huppert (Cambridge) (LD)]

The Minister clearly has a personal commitment to getting waiting times down—I thank him for his recent visit to Cambridge to see some of problems there—but will he be able to change the culture within the new borders agency? After all, the permanent secretary, Mark Sedwill, said:

“Most of us will still be doing the same job in the same place with the same colleagues for the same boss.”

We want the Minister to succeed, but will he be able to?

[Mr Harper]

I very much hope so. I was encouraged by my visit to Cambridge with my hon. Friend, where I listened, yes, to some of the concerns that people had, but also to an acknowledgement by the university, for example, that it had seen recent improvement. The new interim director general of UK Visa and Immigration, Sarah Rapson, has a great commitment to creating such a culture. I think that the decision taken by my right hon. Friend the Home Secretary to end the UK Border Agency and set up the new approach will be successful.

[Karen Lumley (Redditch) (Con)]

11. What assessment she has made of the contribution of police measures to falling crime levels.

--- Later in debate ---

[Ian Austin (Dudley North) (Lab)]

12. What change there has been in the number of businesses fined for employing illegal labour since 2010.

[The Minister for Immigration (Mr Mark Harper)]

Dealing with illegal working is a priority for the Government. As has been mentioned, I attended an illegal working operation in Cardiff about a week ago and saw a number of successful arrests of people who were working illegally. We want to do more of this. Recent figures have not been as encouraging as one would have hoped. This year, with the creation of the immigration enforcement command, I am determined to see an increased focus on the issue in order to deliver the results we expect.

[Ian Austin]

Despite all that, the Minister has not had much success, has he? In 2010, 2,092 companies were fined for employing illegal labour, but by 2012 that figure had almost halved to 1,215. Will he work with other Departments, not just to get a grip of illegal employment, but to tackle the abuse of zero-hours contracts and of the minimum wage, so that British workers are no longer undercut by cheap, illegal labour from abroad?

[Mr Harper]

I do not think that the hon. Gentleman listened to my answer. I acknowledged that the statistics had not been as good as we had hoped. I will take no lectures from somebody in the party that let immigration spiral out of control and that had no grip on the system. It is this Government who are getting a grip and who have seen net migration fall by more than a third.

[Stephen Mosley (City of Chester) (Con)]

13. What assessment she has made of the potential effects of incorporating legal highs in the scope of the Misuse of Drugs Act 1971.

--- Later in debate ---

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

16. What plans she has to speed up the deportation of those refused asylum in the UK.

[The Minister for Immigration (Mr Mark Harper)]

We want to continue to deport those who have no right to be in the United Kingdom, whether they are failed asylum seekers or foreign national offenders. Increased use of detained fast track and our national removals centre will reduce the risk of absconding, as well as being more successful in deporting people.

[Stephen Phillips]

One of the frustrations felt by all our constituents about the asylum and wider immigration system is the seemingly endless ways in which failed asylum seekers and immigrants are able to keep on appealing. I hope that the Minister and my right hon. Friend the Secretary of State will use the forthcoming immigration Bill to clamp down on the many rights of appeal.

[Mr Harper]

I am pleased to be able to tell my hon. and learned Friend that that is exactly what we are going to do. The immigration Bill plans to reduce the number of decisions it takes to remove someone who has no right to be in the country. Reducing the number of appeals will make the process easier and swifter.

[Mr Michael McCann (East Kilbride, Strathaven and Lesmahagow) (Lab)]

17. Whether Scots would be able to retain UK citizenship if Scotland became an independent country.

--- Later in debate ---

[Graham Stringer (Blackley and Broughton) (Lab)]

T5. Last year, the number of inspections to enforce the minimum wage fell to half what it was in the final year of the last Government. Why?

[The Minister for Immigration (Mr Mark Harper)]

That is really a matter for the Treasury, but I think I know where—[Interruption.] Let me just answer the question. I think I know where the hon. Gentleman is going with this. I have checked these matters carefully. If we compare the whole period of the last Labour Government, from when the national minimum wage was introduced, with the whole period of this Government, we can see that this Government have been prosecuting at a slightly faster rate. However, we are not doing it fast enough. We have set up a number of taskforces, including one in the constituency of my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay), which is taking significant action on these matters and will continue to do so.

[Mr James Gray (North Wiltshire) (Con)]

T4. Despite the 30% reduction in net migration since this Government came to power, people across North Wiltshire are extremely concerned about the whole issue of immigration, particularly with regard to Bulgaria and Romania later this year. What steps will the Minister take to ensure that people from Bulgaria and Romania in particular are not tempted here by the ability to avoid our tax system or, even worse, the ability to benefit from our benefits system?

[Mr Harper]

On Bulgaria and Romania, my hon. Friend will know that in the Immigration Bill and elsewhere we have set out a number of changes that we are making to ensure that only people who are here exercising treaty rights—who are here working—can access the benefits system. My right hon. Friend the Home Secretary set out some of those earlier. I hope my hon. Friend will see that tough and firm action continue.

[Sheila Gilmore (Edinburgh East) (Lab)]

T8. I would like to press the Secretary of State a little further on the question of a landlord register. Does she agree that it might assist her in some of her other duties, such as in relation to antisocial behaviour? If she wants to see how a landlord register can be introduced as a self-financing system—and one that has worked very well—she should look no further than north of the border, where one was introduced by the Labour-Lib Dem coalition.

[Mr Harper]

I thought I would have a go this time. My right hon. Friend the Secretary of State answered very well before, but I thought I would take a different tack, because it gives me an opportunity to say, as my right hon. Friend did, that we will bring forward proposals to ensure that landlords have to check the immigration status of tenants. I have had some good discussions with my right hon. Friend the Secretary of State for Communities and Local Government. We will be bringing those steps forward, and I am confident they will be sensible, proportionate and effective.

[Sarah Teather (Brent Central) (LD)]

T6. Have Ministers checked whether the family migration rules are compliant with our obligations under the United Nations convention on the rights of the child?

[Mr Harper]

Yes, we are confident that they are. Last week I met the chair of the all-party group on migration, the noble Baroness Hamwee, to discuss the report. The Government will consider the recommendations in that report, but my right hon. Friend the Home Secretary has set out clearly the objective of the family migration rules: to ensure that those who want to make their family life in the United Kingdom are able to support their families, rather than expecting the taxpayer to do so.

[John Mann (Bassetlaw) (Lab)]

T9. Reductions in overdose deaths; reductions in in-patient A and E admissions for drug addicts; reductions in house burglary; increases in employment of drug addicts in treatment—on all these indicators, Bassetlaw is outperforming the rest of the country. Why?

Student Visas

Mark Harper Excerpts

Thursday 6th June 2013 Commons Chamber

[The Minister for Immigration (Mr Mark Harper)]

I congratulate the hon. Member for West Bromwich West (Mr Bailey) and others who signed the motion asking for the debate. I also thank the Backbench Business Committee for deciding that it was an appropriate use of time in the Chamber. It has been a very good debate.

Let me start, in an unashamedly positive way, by quoting from the letter that the hon. Member for West Bromwich West received from the Prime Minister earlier this year in response to his own letter.

“The UK has a fantastic offer for international students. Those with the right qualifications, enough money”

—obviously they would need enough to pay for their courses—

“and a good level of English can study here, with no annual limit on numbers. University students can work part-time and do work placements during their studies. When they finish they can stay, providing they get a job paying £20,000”

—now £20,300—

“a year or more, or as a Graduate Entrepreneur, under the first scheme of its kind in the world.”

The Prime Minister confirmed:

“The number coming to our universities is up.”

He also confirmed, importantly—and, to be fair, a number of Members on both sides of the House have acknowledged this—that there was no cap, and that there would be no cap, on the number of students coming to the UK.

[Paul Blomfield]

rose—

[Mr Harper]

I hope that the hon. Gentleman will forgive me if I finish this point before I give way to him. I think I know what he is going to say, because I took careful note of what he and others said earlier. Let me deal with what I think he is going to say, and if I am wrong I will give way to him later.

I believe that we have a very positive story to tell. I know that newspapers do not always report a positive story, but Ministers try to convey a positive message and, indeed, Members on both sides of the House have tried to do that today.

[Dame Joan Ruddock]

Will the Minister give way?

[Mr Harper]

Let me make some progress first.

The Government have been clear about the need to bring control to the immigration system, but we have also been clear about our wish to welcome those whom we want in the country. A common view, which many Members will share, was expressed particularly well by my hon. Friend the Member for Croydon Central (Gavin Barwell), who said that his constituents had voiced no concern either about those who come here to study at our excellent universities, or about those who come here to do highly skilled jobs in business. I agree with my hon. Friend. That is why we have deliberately designed our system to attract people like that, and to deter those who are not coming to work in skilled occupations, or who are coming for other reasons.

The statistics show that we have achieved that selective balance. The number of university students and the number of people working in skilled jobs have risen. However, as my hon. Friend said, it should also be borne in mind that our constituents are anxious for us to have some control over the system. We must design a system that attracts the best and the brightest—to use the buzz words—from around the world to study, and appeals to global companies based in Britain that want to import some of their engineers and senior managers for a certain period to run their businesses, while also deterring those who will bring no benefit to the United Kingdom.

As Lord Mandelson has said, the previous Government did not have a controlled system. Indeed, they had a completely uncontrolled system: they just went out grabbing people from around the world. We have been determined not to overreact to that, but also to ensure that we have a system that focuses on the right people coming to Britain.

[Paul Blomfield]

I was expecting the Minister to anticipate my question and respond to it, but as he has not, let me ask it. It is about the cap. Is it not disingenuous, and the sort of misuse of language that brings no credit to this House, when we say on the one hand that there is no cap on the number of students coming, and on the other that we have a target to reduce the number of people coming and students are included in that?

[Mr Harper]

I do not agree, for the following reason. The point was best made by my hon. Friend the Member for East Hampshire (Damian Hinds). There are two aspects to this. First, over a period, international students who come here to study and then go back to their home country make no contribution to net migration at all, because they come to Britain and then leave. In a steady state, therefore, they make no contribution to net migration at all. My hon. Friend is right, however, that in a growing market, as a consequence of the difference between those coming in a year and those leaving in that year, there will be a gap, but it is only the gap that contributes to net migration, not the total number.

One of the complexities here is that the data on those leaving are not brilliant. The Office for National Statistics, which is independent and which measures the numbers of people coming to and leaving Britain, measures those coming to study, but does not currently measure those who were studying and left. One of the improvements it has made to its system is that it is now starting to do that, and we will get the first of those statistics in August, I think. Coming back to a point that the hon. Member for Rhondda (Chris Bryant) made, that will give us a much clearer picture of how many students do leave each year, and we will then get a much clearer idea of the impact of student numbers on net migration. It is worth remembering that a lot of genuine students are still in the UK quite a considerable time after their arrival. According to one study quoted by Opposition Members, about 20% of former international students are still in the UK although they might not have decided to settle here permanently.

The other important point shows why we need a robust system. The NAO study has been quoted several times. In the past there were significant numbers of purported students who were not here to study, but who were working in low-skilled jobs, and significant numbers of students were renewing their visas over a period of time without any academic progression at all. It does no credit to our immigration system or our genuine academic institutions that such abuse is possible. We must deal with that, as well as welcome those we want to welcome to Britain.

[Dame Joan Ruddock]

I want to relay to the Minister my experiences and those of my constituents in respect of those moving from one course to a higher course who need to renew a visa. It is taking at least three months, and during that time the student has no access to their passport and cannot travel for academic or personal reasons. Is the Minister really satisfied that that is good enough? Will he put more resources into this whole area of endeavour in the Home Office?

[Mr Harper]

The point the right hon. Lady makes about in-country performance is absolutely right; it is true that the performance in the last financial year of what was the UK Border Agency was not good enough, as I know very well from conversations and correspondence with Members. Out-of-country performance has remained very good, however. Part of the reason why the Home Secretary made the changes she has made to the border agency was to fix the problems in the UK visas and immigration part of the business. The good news is that we have put a lot of resource and effort into turning that around, and the performance of the Home Office for in-country operations—which used to be a UKBA responsibility—has got immeasurably better. The latest figures are much better. It has taken some time to do that, but I ask the right hon. Lady to let me know of any specific outstanding cases, and I will look at them and see if there is anything we can do.

[Chris Bryant]

The Minister slipped in the words “academic progression”. I fully understand why, in the vast majority of cases, someone would want to go from an undergraduate degree to a postgraduate degree and so on, but there are cases, in particular for vocations and some STEM degrees, where a student who had first done an undergraduate degree in their home country might want to come to the UK to study for another undergraduate degree, which would not count as academic progression. I worry that people might therefore be being excluded who would be perfectly decent and sensible to have studying here.

[Mr Harper]

I was referring to people who, as I have seen when we have removed them, have been in the UK for a decade or more, perpetually renewing a student visa and clearly making no progress. That is an abuse of the system. We were talking about that, not about trying to micromanage someone’s academic career.

Let me do something that I cannot always do and give some positive news to the hon. Member for Islington North (Jeremy Corbyn) about London Metropolitan university. I will not rehearse the past in great detail, but I have put a lot of work into this—it happened just about the time at which I was given this job and at which my right hon. Friend the Member for Ashford (Damian Green) became the Minister for Policing and Criminal Justice—and I am absolutely convinced that the UK Border Agency, as it was, took exactly the right decision to revoke London Metropolitan university’s sponsor licence. It was not fulfilling its responsibilities by any measure. Nobody in the sector has defended it and its behaviour was, I am afraid, well known.

The positive news, which shows that the system works, is that we have worked closely with London Metropolitan university and it has made significant improvements to its system and to the administration of how it delivers on its requirements. It has now been awarded an A-rated sponsor licence, which means it can sponsor international students, and it has 12 months to build up a track record and apply again for highly trusted sponsor status. That is very positive. The Home Office has worked very closely with the university—[Interruption.] I think the hon. Member for Rhondda is asking how many students there are. The university can recruit only 15% of the number it could originally have while it is an A-rated sponsor.

The hon. Member for Islington North asked me about this subject first. I do not have the specific details of all the students that were there and what has happened to them, but we have those data because we wrote to every single one. I will write to the hon. Gentleman, since the university is in his constituency, and I will put a copy of my reply in the Library—[Interruption.] I will also send a copy to the hon. Member for Rhondda and I will include the details of how many have left the country.

[Jeremy Corbyn]

I am grateful for that information and look forward to receiving the Minister’s letter. Does this mean that students who started their second year last September will now be able to complete the third year of a three-year degree course and that we are back on track towards getting highly trusted status restored in a year’s time?

[Mr Harper]

It might be more sensible if, rather than trying to answer a lot of specific questions, I set out the detail about the university when I write to the hon. Gentleman. As I said, I shall copy the letter to the hon. Member for Rhondda and will put it in the Library so that other Members can see it. The story is positive, as the university has started to deliver on its compliance requirements.

The Home Office is now working closely with universities and Universities UK on a co-regulation initiative to set out their responsibilities clearly for them. We have had a number of workshops with those universities and they have found that very helpful. I have certainly had positive feedback from UUK, the Russell Group and individual universities I have visited, and they have seen a change in their relationship with the Home Office. It is important that we continue to improve that and I have asked the Home Office to continue to do so.

[Jason McCartney]

On the theme of positive news, will the Minister join me in welcoming the good news from the award-winning Huddersfield university, which saw its number of international students increase from 1,430 in 2010-11 to 1,845 in the last academic year, an increase of 29%? It is an award-winning university and it contributes massively not only to Huddersfield but to growth and enterprise in the whole of Yorkshire and the north of England.

--- Later in debate ---

[Mr Harper]

That is a helpful point, which has been mentioned by several hon. Members—for example, the hon. Member for City of Durham (Roberta Blackman-Woods) told us about sharp increases in the number of international students at her local university.

As my final point—I do not want to test your patience, Madam Deputy Speaker—I will touch on the student visitor visa route, on which the hon. Member for Rhondda expressed two slightly different views. First, he said he was pleased that international students are coming here on shorter courses, but then he voiced some concerns. I hope he noticed that yesterday we published some detailed research that I think makes it clear that the visitor route is being used exactly as intended. It is attracting high-value, low-risk migrants who contribute positively to economic growth; in large part, they attend institutions that are accredited by bodies approved by the Home Office, and most are doing English language programmes or university exchanges. There is literally no evidence of displacement from tier 4 into the student visitor route. The number of students from countries where we have seen abuse under tier 4 and where we have cracked down on that abuse is rising in single figures—fewer than 10—so there is no evidence of further abuse, which I think is very positive. It is perfectly proper that the hon. Gentleman raised the question, but the evidence shows no risk at all.

In conclusion, Madam Deputy Speaker—

[Mr Andrew Smith]

Will the Minister give way?

[Mr Harper]

Yes; I think I am allowed to give way briefly.

[Mr Smith]

Before the Minister concludes his remarks, will he tell the House how he intends to respond to the Select Committee recommendations and his reasons for that response? He has not yet done so.

[Mr Harper]

The right hon. Gentleman knows that the Government have responded to the Select Committee reports and to each of the Select Committees. The clearest response is this: we do not have a cap on student numbers, and I do not think our net migration target means that we will have to take action that damages universities. Universities were originally concerned that having a net migration target and counting student numbers, as all our international competitors do, would drive the Government to take decisions on future policy that would damage universities. The fact that we have stated clearly that not only do we not have a cap but we are not going to have a cap—that was stated not only by me but by the Prime Minister—should reassure universities.

We will take every opportunity to communicate that positive message about our excellent offer for international students, and we will work in partnership with our excellent universities to continue to increase the number of international students who come here from around the world. In that, I think I can say that I speak for every right hon. and hon. Member who participated in the debate.

Asylum Support (Rates)

Mark Harper Excerpts

Thursday 6th June 2013 Written Statements

[The Minister for Immigration (Mr Mark Harper)]

The Immigration and Asylum Act 1999 enables the Home Office to support asylum seekers while their application to remain in the UK is determined, and some failed asylum seekers who temporarily are unable to return home. Under these arrangements we provide the claimant and any family members with free fully furnished and equipped housing with no bills to pay, as well as modest rates of financial support to meet their essential day to day living needs.

I have carefully considered whether those rates of financial support are adequate for the purpose set by Parliament, which is to meet the essential living needs of those asylum seekers and their dependants who would otherwise be destitute. I have concluded that they are, and so I am announcing today that the rates will be frozen for the current year.

Balance of Competences

Mark Harper Excerpts

Thursday 16th May 2013 Written Statements

[The Minister for Immigration (Mr Mark Harper)]

I wish to inform the House that the Home Office is today publishing its calls for evidence on the asylum and immigration report and, together with the Department for Work and Pensions, the free movement of persons report of the balance of competences review, launched by the Foreign Secretary by oral statement before the House on 12 July 2012, Official Report, column 468.

Both reports will be completed by late 2013. The asylum and immigration report will cover the asylum and immigration competences that affect nationals from outside the EU/EEA, those not exercising EU/EEA rights, and the control of the UK’s borders. The asylum and immigration call for evidence has been divided into three sections for convenience—borders and visas; asylum; and legal migration—and in recognition of that fact that the UK’s participation operates differently in each area. Interested parties are invited to provide evidence with regard to each.

The free movement of persons report will cover the application and effect of the free movement of persons provisions, one of the “four freedoms” of the EU internal market. The free movement of persons report will focus on the implementation of the right of EU nationals to live, work and study abroad and rights to social security co-ordination under EU law. It will look at articles 18, 20, 21, 45-48 and 49-52 of the treaty on the functioning of the European Union (TFEU), the primary legislation which established the internal market. The report will also look at the relevant secondary legislation, which includes; directive 2004/38/EC (the “free movement directive”), regulation 883/2004 and its implementing regulation 987/2009, regulation 492/2011 and directive 2005/36/EC.

The Home Office and the Department for Work and Pensions will seek evidence to conduct a rigorous analysis of EU competence in these areas. The calls for evidence set out the scope of the reports and include a series of broad questions, which provide a framework for interested groups to contribute to the reports. The evidence received—subject to the provisions of the Data Protection Act— will be published alongside the final report in late 2013 and will be available on the new Government website www.gov.uk. The call for evidence period for both reports will last 12 weeks. The Home Office, together with the Department for Work and Pensions in the case of the free movement of persons report, will draw together the evidence and policy analysis into draft reports, which will subsequently go through a process of scrutiny before publication in late 2013.

The Home Office and the Department for Work and Pensions will seek to consult widely across Parliament and its Committees, the devolved Administrations, business, civil society and other interested parties. We will also invite our EU partners and the EU institutions to contribute evidence to the reports. As the review is to be objective and evidence-based, it is important to encourage contributions from a wide range of interested parties to inform the policy debate.

The result of the reports will be a comprehensive, thorough and detailed analysis of the balance of competences between the EU and the UK on the issues of asylum and immigration, and free movement of persons. It will aid our understanding of the nature of our EU membership; and it win provide a constructive and serious contribution to the wider European debate about modernising, reforming and improving the EU. The reports will not produce specific policy recommendations.

I am placing this document and the calls for evidence in the Libraries of both Houses. They will also be published on the Home Office website and the free movement of persons report will also be published on the Department for Work and Pensions website. Both reports will be accessible through the balance of competences review pages on GOV.UK.

Identity and Passport Service

Mark Harper Excerpts

Monday 13th May 2013 Written Statements

[The Minister for Immigration (Mr Mark Harper)]

With effect from 13 May 2013, the Identity and Passport Service (IPS) will be renamed and its functions carried out under the name of Her Majesty’s Passport Office.

The new title reflects the role of Her Majesty’s Passport Office in issuing passports to citizens of the United Kingdom on behalf of the Crown under the exercise of the royal prerogative. It also reflects the policy of Her Majesty’s Government to end the previous Administration’s plans for identity cards. Her Majesty’s Passport Office will retain responsibility for the work of the General Register Office for England and Wales.

The change in name does not affect the validity of existing British passports nor the form and content of future British passports.

Immigration (Bulgaria and Romania)

Mark Harper Excerpts

Monday 22nd April 2013 Westminster Hall

[The Minister for Immigration (Mr Mark Harper)]

It is a great pleasure to serve under your chairmanship, Mr Howarth, in the second half of the debate, and it was a great pleasure to serve under Mr Walker in the first half.

If Members will forgive me, I will not take many, if any, interventions. I will try, in the less than 15 minutes I have, to do justice to my hon. Friend the Member for The Wrekin (Mark Pritchard), who secured the debate, and to all those who contributed. You have indicated, Mr Howarth, that you wish me to finish at 7.53 pm to allow my hon. Friend to speak for a couple of minutes before the debate concludes, so I hope that Members will forgive me if I do not take many interventions.

I congratulate my hon. Friend not only on securing the debate, which was in response to the petition—I will say a few words about its specific terms in a moment— but on the moderate and reasonable tone in which he introduced it, which clearly set a good example, because that was the way in which all other Members debated the issue. That is important if we are to have a sensible debate led by mainstream political parties and not extremists.

The debate was granted by the Backbench Business Committee, to which I pay tribute also, because the e-petition received more than 100,000 signatures. Once it passed that number it received a written Home Office response, which hon. Members can see on the website. I will discuss the e-petition because hon. Members alluded to it but did not go into its terms in detail. It contained two requests, and I can give a positive response to one. One is that

“the government suspends the easing on these restrictions for another 5 years.”

The other is about whether the Government should renegotiate some of the terms of our membership of the European Union.

The first of those requests relates to the point made by my hon. Friend about the extent of our ability to do something now about the ending of transitional controls at the end of the year. I assure my hon. Friend and the other hon. Members who made the same point that Ministers test the legal advice that we get from Government lawyers and outside counsel. I particularly like doing that. I have had legal advice in the past that I have challenged, and which turned out to be just that—advice. It is worth testing it, and Ministers do so. That is consistent throughout the Government from the Prime Minister downward. My hon. Friend talked about restricting movement on grounds of public policy, public security or public health, but the free movement directive says in terms that those grounds shall not be invoked to serve economic ends. I am not going to go into huge amounts of detail, or I shall do nothing for the next 15 minutes but discuss legal matters, but I do not think there is any possibility, under the directive or the accession treaties for Bulgaria and Romania, of complying with the request in the petition.

I think that we can be more positive about the second point in the petition, and my hon. Friend and several other hon. Members have referred to the Prime Minister’s clear commitment, in his capacity as leader of the Conservative party, to renegotiate, if we win the next election, the terms on which we are members of the European Union. As my hon. Friend the Member for Kettering (Mr Hollobone) said, we will put that to the people. Some hon. Members may take different views on that, but we can all agree that the public will then get a choice, and will be able to make a clear decision. We can deliver on that part of the petition.

It is also worth saying, in relation to the public debate, that the Prime Minister made it clear in a recent speech that the Government understand public concern about immigration and are not just willing but keen to encourage sensible debate about it. Those points were made by the Select Committee Chairman, the right hon. Member for Leicester East (Keith Vaz), by my right hon. Friend the Member for Mid Sussex (Nicholas Soames) and by my hon. Friend the Member for Keighley (Kris Hopkins). The Government do not believe there should be no net migration; we just think that it should be sustainable. We want to reduce it from the unsustainable hundreds of thousands to the sustainable tens of thousands. Various Members have talked about the benefits to be obtained from some migration, and the Government agree with them.

Of course, 1.4 million British people live in another EU country, either in retirement or working. We should always remember that, when we are engaged in this debate. Britain’s future, like its past, is as a global trading nation, which means that many British people will work and live abroad. We cannot expect other countries to allow us to do that if we do not allow movement too. It is right, however, to take account of public concern about free movement, and to deal with that. I want to flesh out some of the points that my right hon. Friend the Prime Minister has made.

Several hon. Members addressed the point that actions that the Government took from the moment they took office have already reduced net migration by a third since the general election. That is significant. Also, only a third of the people coming to the United Kingdom are from the EU; 55% come from outside it and 15% are British citizens returning home, so the bulk of our net migration is from outside the EU. That is important to remember in a debate about migration from Bulgaria and Romania, and the point was well made by my hon. Friend the Member for Daventry (Chris Heaton-Harris), who has extensive European experience.

There was a lot of debate about Government attempts to forecast how many people would come here from Bulgaria and Romania when transitional controls ended. My hon. Friend the Member for Kettering referred to that in his Westminster Hall debate, and the right hon. Member for Leicester East asked whether the Government would commission advice. Of course they did commission advice, and asked the independent Migration Advisory Committee what we should do—whether it was possible to predict the scale of future migration. The committee made it clear that

“it would not be sensible, or helpful to policymakers…to attempt to put a precise range around this likely impact.”

It did not think it was possible to come up with accurate figures. The reason is that, unlike the previous experience, with the A8 countries of eastern Europe, eight other countries have transitional controls. We are not likely to be able to predict accurately how many people are likely to leave Bulgaria and Romania to work overseas, and to which of the countries with transitional controls they are likely to go.

I said in the previous Westminster Hall debate, secured by my hon. Friend the Member for Kettering, that the reason the Government did not want to forecast was that we did not think we could do so accurately, and we wanted to be straight with people and say so, rather than making up a number. We could just make up a number, and use it for the rest of this year; but that would probably be as accurate as what happened under the previous Government. It would not be treating people as adults. We got clear advice from the Migration Advisory Committee, and it has been supported by the recent report of the National Institute of Economic and Social Research. The institute said that

“it is not possible to predict the scale of future migration from Bulgaria and Romania to the UK numerically.”

I presume that that means it is not possible to do it accurately, because clearly it is possible to predict it, but the likelihood of being accurate is I think slim. That is a sensible point of view and we have been straight about it.

The hon. Member for Rhondda (Chris Bryant) talked about a mysterious Foreign Office report, which the Department refused to publish. I think that he meant the report by the National Institute of Economic and Social Research, which was commissioned by the Foreign and Commonwealth Office. That might not have been published when he asked his question, so perhaps a reference was made to the fact that it was to be published. Of course it has now been published, and it reached the conclusion about predicting numbers that I have set out. It was perfectly sensible for the Government to say what they did; that was treating people with respect.

Several hon. Members wanted me to say more about the inter-ministerial group on access to benefits and public services. Rather than producing speculative projections, we have been considering the work being done across Government—I am pleased to say that all Departments concerned with delivering public services are involved, along with the Department for Work and Pensions, which deals with benefits—on cutting out the abuse of free movement, and addressing the pull factors. With reference to something that the hon. Member for Rhondda said, it is worth pointing out that Germany is strongly opposed to benefit tourism—the abuse of free movement. We have been working with Germany and, indeed, the Home Secretary—along with her German, Austrian and Dutch counterparts—recently signed a letter to the European Commission to ask it urgently to review the current arrangements on the availability of social security benefits to newly arrived EU migrants, and stressed the need for more robust legal measures, such as re-entry bans for individuals removed from the UK for abusing their free movement rights.

I mention that because we are not of course alone in sharing such concerns, and I am therefore quite hopeful about not only what we may be able to achieve in this Parliament, but the seriousness with which other European countries will take our views on changing our relationship with the European Union. As we have seen, my right hon. Friend the Prime Minister has a close working relationship with his counterpart the Chancellor of Germany. That positive work will continue.

Let me briefly set out some of the work that we are doing. We will tighten the rules on access to benefits, and put in place a statutory presumption that European economic area national jobseekers will lose their right to benefits after six months unless they can show that they are genuinely seeking work and have a genuine chance of being engaged.

We intend to tighten access to social housing to insist that local authorities have to consider the local rules. I have a little more confidence than my hon. Friend the Member for The Wrekin about their ability to do that. Local authorities where there is an issue—for example, in the constituency of my hon. Friend the Member for Peterborough (Mr Jackson) or elsewhere in Cambridgeshire—will, if we give them a nudge, want to have some sensible controls so that they can deal with their constituents’ concerns.

The final area is the national health service. Some Members have made the point that it is a national, not an international, health service. My hon. Friend the Member for Cities of London and Westminster (Mark Field), who is no longer in his place, had concerns about how well we could implement that, given doctors’ Hippocratic oath. We do not of course propose to remove access to emergency treatment or to treatment required for public health reasons. My right hon. Friend the Secretary of State for Health set out some of that in his response to the urgent question from the right hon. Member for Birkenhead (Mr Field).

There have been some positive views from GPs in their magazine, Pulse, which has undertaken a survey of them. A significant number of GPs want us to take action: three quarters are confused or frustrated about the lack of clarity about NHS entitlement; more than half—52%—said that they believe that NHS provision for migrants is too generous; and only 7% thought that it is not generous enough. In addition, 38% said that they did not want to agree to register people they think are illegal immigrants and 40% did not want to register people who had failed in their asylum claims. Therefore, a significant number of GPs and other doctors will, if we take the matter seriously—obviously we will consult both the public and the professions—support what the Government want to do, and that will be welcomed.

Let me turn, in my remaining two minutes, to criminality. That was raised by several colleagues, including my hon. Friend the Member for Kettering, to whose service as a special constable we should pay tribute. Several things are going on. In London, to which he drew attention, there is the successful ongoing Operation Nexus between the Home Office immigration enforcement teams and the Metropolitan police to target high-harm foreign national offenders and immigration offenders. It has removed more than 400 such people just since last November, so it has been very successful, and we intend to roll it out across the country. There are several operations to deal with lower-level criminality, so a lot is going on.

I have one minute left, so I will conclude. If there are any issues that I have not touched on, the Chair of the Select Committee will no doubt put them to me when I give evidence tomorrow. We have real concerns about the abuse of free movement rights. The Home Secretary has consistently raised that at the Council of Ministers with her European counterparts. We will continue to do so at the European level, as well as through the work of the cross-Government committee, which the Prime Minister has asked me to chair.

In due course, we will introduce a package of measures that I hope colleagues on both sides of the House will welcome. Of course, I could not possibly prejudge what may be announced in the Queen’s Speech in a few weeks’ time, but I hope that my hon. Friends will not be disappointed about the measures that the Government are going to set out. I am glad that we could have this debate today, Mr Howarth, which you have excellently chaired.

Oral Answers to Questions

Mark Harper Excerpts

Monday 25th March 2013 Commons Chamber

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

3. What steps she is taking to record the employment status of foreign nationals who reside in the UK; and if she will make a statement.

[The Minister for Immigration (Mr Mark Harper)]

We are rolling out biometric residence permits to non-European economic area nationals in the UK granted leave for more than six months to make it easier for them to prove their entitlement to live and work. From next year, all non-EEA nationals will require a biometric residence permit, and we expect employers to check a migrant’s right to work prior to offering employment.

[Gordon Henderson]

I am grateful for my hon. Friend’s answer, which I find encouraging, but will he explain how the success of that initiative can be monitored unless records are kept of where and by whom foreign workers are employed?

[Mr Harper]

I have two things to say to my hon. Friend. First, the sponsorship system provides a good mechanism for employers to track and record who is working for them when they come to fill skills shortages. Secondly, my right hon. Friend the Secretary of State for Work and Pensions will, with the roll-out of universal credit, collect as a routine matter the nationality of those who claim benefits.

[Pete Wishart (Perth and North Perthshire) (SNP)]

On the issue of foreign nationals and all others, is the Government’s response simply determined by the rise and threat of the United Kingdom Independence party?

[Mr Harper]

No, not at all—the speech that my right hon. Friend the Prime Minister made earlier today was informed by work that has been going on for a number of months in the cross-ministerial committee that I chair. It is a well thought-through policy area as we further tighten the immigration system. The hon. Gentleman will know that, since the Government came to power, we have reduced net migration to the UK by a third and will continue to reduce it.

[David T. C. Davies (Monmouth) (Con)]

Does the Minister agree that the vast majority of people in this country will support his work and the emphasis in the Prime Minister’s speech? Nevertheless, there is still a net increase in immigration of 160,000 every year. Will the Minister assure us that he will continue to do all he can to reduce that number further?

[Mr Harper]

My hon. Friend is right. We committed to reducing net migration from the unsustainable hundreds of thousands that it was under Labour to tens of thousands, which is much more sustainable. That is supported by the vast majority of British people, whomever they vote for. I am glad my hon. Friend also supports that policy.

[Chris Bryant (Rhondda) (Lab)]

I wonder whether the Minister could help me to spot the difference. Currently regulations and Department for Work and Pensions guidance for jobcentres state that EU migrants cannot claim benefits after six months unless they are

“genuinely seeking work, and have a reasonable chance of being engaged”.

The Prime Minister today, in what is supposedly a new announcement, said that migrants can claim after six months only if they

“can prove not just that you are genuinely seeking employment…but also that you have a genuine chance of getting a job.”

Is that not exactly the same? There is no difference at all—it is not a new announcement. How many people exactly does the Minister believe will be affected by this supposed change?

[Mr Harper]

The Prime Minister set out a number of changes today. The one the hon. Gentleman mentions ensures that there is a statutory presumption in the system, which does not exist today, that, after six months, people have to demonstrate that they are taking all possible steps to seek work and that they have a reasonable prospect of getting it. At the moment, there is no presumption that they must do so. That is a weakness in the system, which is why we will strengthen it.

[Mr Robin Walker (Worcester) (Con)]

4. What steps she is taking to ensure that the UK’s visa system helps tourists and business people from China to come to the UK without a loss of control over immigration. [R]

[The Minister for Immigration (Mr Mark Harper)]

Last year, the UK Border Agency processed almost 300,000 visa applications for Chinese nationals, with 97% of visas processed within 15 days. China is a priority market for the UK, and we want to support both tourists and business people coming to our country.

[Mr Walker]

Following on from the Worcestershire business delegation that I took to southern China late last year, as per my entry in the Register of Members’ Financial Interests, in June we have a return delegation visiting Worcestershire from Nanning. While ensuring that we have proper immigration controls, may I encourage Ministers to do everything they can to facilitate business visits that can bring bilateral trade and investment?

[Mr Harper]

First, let me congratulate my hon. Friend on his personal contribution to increasing UK trade with China. He will want to know that there was an increase in visit visas issued to Chinese nationals of 6% last year. In December, my right hon. Friend the Home Secretary set out a range of improvements to the visa process, particularly to support business customers, and they will be implemented this year.

[Lorely Burt (Solihull) (LD)]

5. What steps she is taking to improve the performance of the UK Border Agency.

[The Minister for Immigration (Mr Mark Harper)]

We have taken a number of steps to improve the performance of the UK Border Agency. As the Prime Minister said earlier today in his speech, we face a big task of turning around the tanker that is the UK Border Agency, and we will be setting out the next stages of those reforms shortly.

[Lorely Burt]

My constituent, Pooja Ramchandani, has been waiting for more than a year for a decision on her application for further leave to remain. The UK Border Agency target is for 75% of applications to be resolved within four weeks, and it has attributed the delay to additional work caused by the Olympics. Can the Minister confirm when the Olympics will cease to be another excuse given to people such as my constituent, a single mother whose child has permission for leave to remain?

[Mr Harper]

My hon. Friend raises a specific case, and if she contacts my office afterwards, I will certainly look into it. Generally, on in-country performance, we have acknowledged that the UKBA was not delivering within its service standards in the past year. By the end of this month, however, it will be delivering the required performance standards in those cases, and I hope that that improvement will be sustained.

[Keith Vaz (Leicester East) (Lab)]

May I welcome the helpful comments the Minister made in response to the publication today of the Home Affairs Committee’s report, and his commitment to having a service that has the confidence of the British people? It is important that we discuss immigration in an open and transparent way, whether in the Prime Minister’s speech this lunch time, or in last Friday’s speech on bonds by the Deputy Prime Minister. Does he agree that we cannot implement the proposals unless the UK Border Agency is fit for purpose and we have cleared the backlog of a third of a million cases? Is it not time to take the agency back firmly under the control of Ministers?

[Mr Harper]

I thank the right hon. Gentleman both for his question and for his work in chairing the Home Affairs Committee. I see the Select Committee as a partner with the Government, challenging us and ensuring that we keep focusing and improving the agency’s performance. Although it is an agency, I had not noticed in the past year any difference in the level of accountability that either he expects from me, as a result of its performance, or from this House, as is evidenced by these questions. However, I will reflect further on what he has to say.

[Dr Julian Huppert (Cambridge) (LD)]

It is a pleasure to follow two excellent questions on the same issue. The Home Affairs Committee report on the UKBA published today has some astonishingly poor figures. In quarter 3 of 2012, 18% of tier 1 visas were processed within four weeks—astonishingly bad. I welcome the Minister’s commitment to try and fix that. Does he agree that we cannot have a coherent, fair and credible immigration system when the agency is performing so atrociously?

[Mr Harper]

I thank the hon. Gentleman for his work on the Home Affairs Committee. I agree: the figures for quarter 3 last year were not good, and I acknowledged that in my answer to my hon. Friend the Member for Solihull (Lorely Burt). I am pleased to be able to say that by the end of this month, the UKBA will be making decisions for tier 1 visas and others within the service standards that it sets out to its customers, and which they have a right to expect.

[Mr David Winnick (Walsall North) (Lab)]

Successive Ministers have come to the House of Commons and tried to defend the work of the UK Border Agency. Is the Minister aware that time and time again the agency admits, and has to admit, to a backlog of thousands of cases that have not been dealt with and that go back years—sometimes five, 10 or more? That is a shambles, and the sooner that is recognised by the Government, the better it will be.

[Mr Harper]

I would say two things to the hon. Gentleman. First, while the Minister for Policing and Criminal Justice was doing this job, and since I have been doing it, we have not gone out of our way to defend the agency. We have acknowledged that it is a troubled organisation, but it has many hard-working and dedicated staff and we should not have broad-brush criticism that neglects the work they do. On his specific question about old cases, particularly legacy cases, I simply say that the Government inherited about 500,000 cases from Labour, which we have largely got under control. We are working through a relatively small number of cases and will get that done in the next few months.

[Simon Wright (Norwich South) (LD)]

6. What steps she is taking to tackle cybercrime.

--- Later in debate ---

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

10. How many requests for a reconsideration of a decision to refuse leave to remain are outstanding; and what the oldest such cases currently being reconsidered are.

[The Minister for Immigration (Mr Mark Harper)]

The UK Border Agency has approximately 14,000 requests for reconsiderations outstanding. The oldest request dates back to 3 March 2010. It is worth reminding the House that these are all people who have had a decision on their application and have either exhausted their appeal rights or chosen not to appeal, so they have no right to be in the United Kingdom and they should leave.

[Simon Hughes]

I am grateful for the Minister’s answer. Now that the Home Office has agreed to reconsider all the cases in this category as soon as possible, will the Minister and his colleagues look at whether there could be a system for prioritising those cases that are clearly in urgent need rather than simply working through a date system, which I have to say has been pretty random in the past?

[Mr Harper]

The point I made at the beginning still stands. These are all people who have had a decision and have been refused the right to remain in the UK after going through the full appeal process. For those who submitted a reconsideration request prior to our policy change last November, we will work through all their cases in order. If the right hon. Gentleman has a clear case of where there is a particularly compassionate reason for looking at it earlier, I would welcome him getting in touch with me; otherwise, we will work through the cases in date order.

[Mr Julian Brazier (Canterbury) (Con)]

Given those answers, will my hon. Friend confirm that the greatest single reason for the backlog in the UK Border Agency is the tendency of courts to go on allowing more and more appeals, thereby lengthening the process?

[Mr Harper]

My hon. Friend is right that when the UKBA makes decisions, people in settlement cases frequently have a right of appeal. Some of those processes can often be very lengthy, so we will keep on considering whether there are ways of making the system smoother and more streamlined.

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

11. What steps she is taking to increase the use of CCTV in communities where it is wanted.

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[Lilian Greenwood (Nottingham South) (Lab)]

13. What assessment she has made of the number of student visitor visas issued in the last year for which figures are available.

[The Minister for Immigration (Mr Mark Harper)]

In 2012, 68,372 student visitor visas were issued, 11% more than in 2011. Such visitors come to take short courses or to attend university summer schools. Most can stay for up to six months, but in order to support English language schools, we now allow those taking specialist English courses to stay for up to 11 months on extended student visit visas.

[Lilian Greenwood]

The UK Border Agency’s border inspector has warned that student visitor visas are open to abuse, so why has the number of people entering the UK with them risen by 76% under this Tory-led Government?

[Mr Harper]

The hon. Lady ought to check what the chief inspector actually said. All he said was that the UKBA should monitor the route to ensure that it was not being exploited, and that is exactly what it is doing. If the hon. Lady looks at the nationalities in relation to which we have reduced the number of tier 4 visas, she will see that there is no sign of any increase in student visitor visas. In fact, nearly 50% of the people using the student visitor route are non-visa nationals, and a large proportion of those coming here with six-month student visitor visas are from the United States of America. There is no risk of abuse, but we remain alert to it and will ensure that we catch it out.

[Andrew Bridgen (North West Leicestershire) (Con)]

Does my hon. Friend agree that the fact that the number of university visas has increased by 3% while at the same time the number of student visas is actually falling shows that it is possible to strip abuse from the system while also ensuring that the UK is open to the brightest and the best?

[Mr Harper]

My hon. Friend is absolutely right. There has been a big drop in the number of students coming here, but that is because we have stripped abuse from the system. Five hundred fewer colleges are able to bring in foreign nationals, but, as my hon. Friend says, there has been an increase in the number entering our excellent universities sector.

[Mr William Bain (Glasgow North East) (Lab)]

20. The Government have been caught napping by allowing the number of student visitor visas to rise by 30,000 since June 2010. Moreover, does the Minister accept that, in the words of Universities Scotland, he is damaging the brand of higher education by ensuring that genuine overseas students are included in the Government’s net migration target?

[Mr Harper]

That is a very good example of a Member reading out a question without having listened to my previous answer. The hon. Gentleman clearly did not listen at all to what I said in response to the question from my hon. Friend the Member for North West Leicestershire (Andrew Bridgen). The number of students entering our excellent universities sector has risen, both in the United Kingdom and in Scotland. The hon. Gentleman should also know that the student visitor visa is credibility-based. Entry clearance officers have full powers to say no to students if they believe that they are not genuine student visitors to the United Kingdom.

[Mr Andy Slaughter (Hammersmith) (Lab)]

14. What progress her Department has made on improving the detection and reporting of incidents of domestic violence.

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[Graeme Morrice (Livingston) (Lab)]

15. What assessment she has made of trends in the number of foreign criminals who have been deported since June 2010.

[The Minister for Immigration (Mr Mark Harper)]

The UK Border Agency removed over 4,500 foreign national offenders in 2012, and have removed over 11,000 foreign national criminals since June 2010. There has been an increase in the number of appeals being lodged against deportation, which is why we implemented changes in the immigration rules last July to prevent criminals facing deportation from abusing the Human Rights Act.

[Graeme Morrice]

The fact is that this Government are deporting 900 fewer foreign criminals a year than the previous Labour Government did. Why is this Government’s performance so poor?

[Mr Harper]

If the hon. Gentleman had listened to my previous answer, he would know that there has been a significant increase in the number of appeals lodged by criminals; in 2012, the figure increased by 1,000. That is exactly why we have strengthened the ability to remove criminals by implementing changes in the immigration rules, and to ensure that that is enforced by tribunals. My right hon. Friend the Home Secretary has made it clear that we will take powers in primary legislation to do so.

[Mr Philip Hollobone (Kettering) (Con)]

Jamaicans and Nigerians make up a disproportionately large number of the foreign nationals in our jails. What assistance is my hon. Friend providing to the Secretary of State for Justice in negotiating compulsory prisoner transfer agreements with these two countries, and what progress is being made?

[Mr Harper]

My hon. Friend will be pleased to know that the Nigerian Parliament has passed the legislation required to implement compulsory prisoner transfer, which means that in due course we will be able compulsorily to move prisoners to Nigeria, which I am sure he will welcome.

[Mark Reckless (Rochester and Strood) (Con)]

Might the trend in this area not be rather better if the Home Secretary had followed the advice of our hon. Friend the Member for Esher and Walton (Mr Raab), rather than that of others who have been consistently wrong?

[Mr Harper]

I do not agree with my hon. Friend. The amendment proposed by our hon. Friend the Member for Esher and Walton would in our judgment have made it more difficult to deport foreign national offenders, rather than easier. That is why the Government will look at introducing amendments to primary legislation, when we have a suitable legislative vehicle, to implement the commitments that my right hon. Friend the Home Secretary made to the House.

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[Eric Ollerenshaw (Lancaster and Fleetwood) (Con)]

T5. Further to the earlier questions on student visas, and given that Lancaster is home to one of our top universities, is any extra support available when a university needs speedier visas so that overseas academics can come to conferences and seminars that are vital to the university’s international reputation?

[The Minister for Immigration (Mr Mark Harper)]

I thank my hon. Friend for that question and I am sure that he will have been encouraged by what I said earlier about student visas. He might be interested to know that last April we introduced the visitor route for permitted paid engagements, which is specifically helpful in such cases as it covers experts visiting to give a paid lecture, examine students and participate in or chair selection panels. They can do that for up to one month and receive a fee payment; I hope that is helpful to all those at his excellent local university.

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

I echo the Home Secretary’s remarks about Sir Jonathan Evans. On a different subject, the UN convention on the rights of the child clearly states that every individual under the age of 18 should be regarded as a child, yet we still treat 17-year-olds who are arrested as adults. Will the Home Secretary agree to undertake a review of that situation, which sometimes has disastrous consequences, to ensure that any 17-year-old who is taken into police custody is treated as a child?

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[Mr David Burrowes (Enfield, Southgate) (Con)]

Thank you very much, Mr Speaker. My question follows on from the excellent question asked by my hon. Friend the Member for Lancaster and Fleetwood (Eric Ollerenshaw). I hosted a meeting of health academics from Turkey, who experienced difficulties in visiting the UK because of delays in securing a visa for the visit. Given the economic opportunities flowing from Turkey, will he join my hon. Friend the Member for Enfield North (Nick de Bois) and me in seeking an expedited service for this economic priority nation?

[Mr Harper]

Our overseas visa and entry clearance services have delivered a very good performance, with over 90% of visas issued within 15 days. If my hon. Friend wishes to raise a specific example—and it sounds as if he does—in which there was a longer delay, I would be grateful if he gave me the details and I can investigate matters with the UK Border Agency.

[Ian Lucas (Wrexham) (Lab)]

Does the Home Secretary agree that police and stewards can effectively control football matches, as they did yesterday at Wembley stadium, when they were able to witness Wrexham football club’s glorious victory over Grimsby Town in the FA trophy final?

EU Readmission Agreement with Armenia

Mark Harper Excerpts

Thursday 21st March 2013 Written Statements

[The Minister for Immigration (Mr Mark Harper)]

The Government have decided not to opt in at this stage to the draft Council decisions concerning the signature and conclusion of the agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation (European Union Document Nos. 16909/12, COM(2012) 703; 16910/1/12, COM(2012) 704).

There is little irregular migration from Armenia to the UK and we have no operational problems with returns which an EURA would help to resolve. It would be possible for the UK to seek to participate in the agreement post adoption if these circumstances were to change.