Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to his Statement of 4 November 2023 on Legal Migration, Official Report column 42, what the evidential basis was for setting the income threshold for spouse and family visas at £38,700; and whether he sought (a) advice from the Migration Advisory Committee and (b) other independent advice before setting that threshold.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The government will publish an impact assessment on these changes in due course. The Migration Advisory Committee was not asked to provide further advice related to this change as previous advice and evidence provided by the Migration Advisory Committee was already available and considered.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether he has made an impact assessment of the rise in income thresholds for spouse and other family visas to £38,700.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The government will publish an impact assessment on these changes in due course.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, when the UK Visas and Immigration seasonal workers team was established; how many visits it has made to farms since its establishment; whether it found evidence of underpayment of workers on its visits; what powers they have to compensate workers for underpayment of wages; and what steps they are taking to ensure workers are not penalised for reporting issues.
Answered by Robert Jenrick
The Home Office does not publish data concerning farm visits under the seasonal workers scheme.
The Seasonal Worker team undertakes farm visits to check sponsor compliance by interviewing farm managers, checking worker accommodation and speaking to sponsored seasonal workers.
If evidence of underpayment is identified, that is investigated in line with published Sponsor Guidance and action taken if necessary. UKVI do not compensate sponsored workers for loss of earnings.
Anonymity is offered to workers speaking to our officers; workers are also able to report concerns via the online reporting tool. Full details of how to report information to the Home Office are available at: www.gov.uk/reportimmigration-crime
Allegations of abuse should also be reported to the Gangmasters Labour Abuse Authority. Details of how to do this are available on the GLAA website, at: www.gla.gov.uk/report-issues/english-report-form/
The Government keeps the Seasonal Worker route under close ongoing review. Separately, the independent Migration Advisory Committee announced on 22 March 2023 that it is conducting a review of this route.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will undertake a review of the seasonal workers scheme.
Answered by Robert Jenrick
The Home Office does not publish data concerning farm visits under the seasonal workers scheme.
The Seasonal Worker team undertakes farm visits to check sponsor compliance by interviewing farm managers, checking worker accommodation and speaking to sponsored seasonal workers.
If evidence of underpayment is identified, that is investigated in line with published Sponsor Guidance and action taken if necessary. UKVI do not compensate sponsored workers for loss of earnings.
Anonymity is offered to workers speaking to our officers; workers are also able to report concerns via the online reporting tool. Full details of how to report information to the Home Office are available at: www.gov.uk/reportimmigration-crime
Allegations of abuse should also be reported to the Gangmasters Labour Abuse Authority. Details of how to do this are available on the GLAA website, at: www.gla.gov.uk/report-issues/english-report-form/
The Government keeps the Seasonal Worker route under close ongoing review. Separately, the independent Migration Advisory Committee announced on 22 March 2023 that it is conducting a review of this route.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to her Department's plan to implement The High Court judgment in Independent Monitoring Authority v Secretary of State for the Home Department [2022] EWHC 3274 (Admin) by providing those with pre-settled status a two year extension before it expires, what steps she plans to take to ensure that an (a) employers conducting right to work checks and (b) landlords conducting rent checks are aware that (i) a share code showing an impending expiration date is actually an EUSS pre-settled status and (ii) the expiry date shown is therefore incorrect and will be replaced with a new expiry date.
Answered by Robert Jenrick
The guidance for employers and landlords has been updated to explain that EUSS pre-settled status will be automatically extended before the original grant expires. The wording on the Home Office online checking service has also been updated to highlight the extension of pre-settled status.
Therefore, if a right to work or right to rent check shows that a person is approaching the expiry date of their pre-settled status, employers and landlords will be aware, from the updated guidance and the updated wording on the online checking services, that a person’s pre-settled status will be extended. Once a person’s pre-settled status has been extended, the new expiry date will be reflected on the Home Office online checking services.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her Department is taking to help ensure that workers employed by a seasonal workers scheme license holder do not face barriers to employment when action is taken against the holder of the sponsor licence.
Answered by Robert Jenrick
The Scheme Operators are already required to have a clear employer transfer pathway in place as a condition of holding their sponsor licence, including transparent criteria for making a transfer request and a process for considering such requests. The Scheme Operators must not normally refuse requests to change employers, and may only do so where there are significant reasons preventing a transfer, for example the imminent expiry of a workers visa. This is set out in published Home Office guidance, available at: Workers and Temporary Workers: guidance for sponsors: sponsor a seasonal worker - GOV.UK (www.gov.uk)
In the event that a scheme operator for the Seasonal Worker routes became unlicensed for any reason, the Home Office will consider each case on its own merits and tailor its response accordingly. Defra will, where appropriate, support the Home Office in delivering this response.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to Workers and Temporary Workers: guidance for sponsors: sponsor a seasonal worker, published in April 2023, which body is responsible for monitoring whether workers on the horticultural seasonal workers visa are paid for at least 32 hours of work a week at least the national living wage; what enforcement mechanisms are in place in the event that workers are not paid 32 hours a week; and what enforcement has taken place since that guidance was published.
Answered by Robert Jenrick
UKVI have implemented a specific seasonal workers team as recommended by the 2022 ICIBI report. They have interviewed an extensive number of migrant workers this year and requested evidence of pay rates from the scheme operators. These visits, often undertaken with GLAA, seek evidence of salary paid to ensure requirements are met. Any breach of Sponsor guidance identified is dealt with as per published Sponsor Guidance.
As such, UKVI can take action against a Sponsor licence when it is identified workers are being incorrectly paid or there is a failure to comply with employment law.
UKVI have inspected and assured the complaints procedures put in place by the operators for workers to report treatment and conditions on farms.
Regular engagement with the licensed scheme operators is in place and UKVI assure that the operators monitor conditions on farms.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her Department is taking to (a) monitor and (b) enforce working conditions for workers employed via the horticultural seasonal worker scheme and help ensure workers (i) have enough breaks and (ii) are not required to work excessive hours at the end of their pay period in order to achieve their minimum number of paid hours.
Answered by Robert Jenrick
UKVI have implemented a specific seasonal workers team as recommended by the 2022 ICIBI report. They have interviewed an extensive number of migrant workers this year and requested evidence of pay rates from the scheme operators. These visits, often undertaken with GLAA, seek evidence of salary paid to ensure requirements are met. Any breach of Sponsor guidance identified is dealt with as per published Sponsor Guidance.
As such, UKVI can take action against a Sponsor licence when it is identified workers are being incorrectly paid or there is a failure to comply with employment law.
UKVI have inspected and assured the complaints procedures put in place by the operators for workers to report treatment and conditions on farms.
Regular engagement with the licensed scheme operators is in place and UKVI assure that the operators monitor conditions on farms.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to Workers and Temporary Workers: guidance for sponsors: sponsor a seasonal worker, published in April 2023, what (a) monitoring and (b) enforcement is in place to ensure that (i) piece rate targets set to workers on the horticultural seasonal worker visa scheme are reasonable and (ii) workers are (A) treated fairly by their employer and (B) not penalised for failing to work at the fair piece rate.
Answered by Robert Jenrick
UKVI have implemented a specific seasonal workers team as recommended by the 2022 ICIBI report. They have interviewed an extensive number of migrant workers this year and requested evidence of pay rates from the scheme operators. These visits, often undertaken with GLAA, seek evidence of salary paid to ensure requirements are met. Any breach of Sponsor guidance identified is dealt with as per published Sponsor Guidance.
As such, UKVI can take action against a Sponsor licence when it is identified workers are being incorrectly paid or there is a failure to comply with employment law.
UKVI have inspected and assured the complaints procedures put in place by the operators for workers to report treatment and conditions on farms.
Regular engagement with the licensed scheme operators is in place and UKVI assure that the operators monitor conditions on farms.
Asked by: Stuart C McDonald (Scottish National Party - Cumbernauld, Kilsyth and Kirkintilloch East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will make an estimate of the number of (a) people already living in the UK, (b) women, (c) people with children who are British citizens and (d) people from ethnic minority backgrounds who are likely to be affected by her Department's planned increases in (i) visa fees and (ii) the Immigration Health Surcharge.
Answered by Robert Jenrick
The Home Office has undertaken equalities impact assessments for the visa fee and Immigration Health Surcharge (IHS) increases.
Application fees will increase across a range of immigration and nationality routes, including for people coming to live, work and study, and for applications to remain in the UK. The routes which are impacted, and the levels of increase will be set out within the regulations to be laid in Autumn and are subject to usual parliamentary process.