Asked by: Charlotte Nichols (Labour - Warrington North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether the British National (Overseas) visa extension will apply to young people whose British National (Overseas) parents are now both deceased.
Answered by Tom Pursglove
On 24 February 2022, the Government announced in a Written Ministerial Statement a change to the Hong Kong British National (Overseas) (BN(O)) route which will allow adult children of BN(O) status holders born on or after the 1 July 1997, who are currently unable to apply for the BN(O) route independently to do so. The statement is available at: Written statements - Written questions, answers and statements - UK Parliament
The change to allow adult children of BN(O) status holders born on or after 1 July 1997 to apply to the route independently of their parents is currently scheduled to come into effect this Autumn at which point further information, including full eligibility criteria, will be published on GOV.UK.
Under the new provisions, children born on or after 1 July 1997, whose deceased parent held BN(O) status, will be able to qualify for the route, providing they meet all other requirements for the route. Applicants will need to show evidence of the BN(O) status of at least one parent.
As is the case on the BN(O) route now, those who enter the UK with a Student or Visitor visa will be able to apply to switch into the BN(O) route. They will need to apply before the expiry of their current visa or grant of permission. Under the Immigration Rules, individuals applying for the BN(O) route must not be in breach of immigration laws. This includes overstaying, except where certain limited circumstances apply as set out paragraph 39E of the Immigration Rules.
Only time spent in the UK on either the BN(O) route or another route which leads to settlement can count towards the five-year qualifying period for settlement as a BN(O), with the most recent grant of permission required to be on the BN(O) route. Time spent in the UK on a Student visa does not count towards settlement.
All applicants to the BN(O) route need to demonstrate they can maintain and accommodate themselves and their family members for at least six months without access to public funds. Applicants can rely on credible offers of financial support and/or accommodation from a third party (for example, a relative or friend) to meet this requirement.
Individuals with an outstanding asylum claim must write to the Home Office to withdraw their claim before they can apply to the BN(O) route. Further information is available here: Withdrawing asylum applications - GOV.UK (www.gov.uk).
Asked by: Charlotte Nichols (Labour - Warrington North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will make it her policy to allow the financial requirements of 18–25 year-old British National (Overseas) visa applicants to be sponsored by a third-party.
Answered by Tom Pursglove
On 24 February 2022, the Government announced in a Written Ministerial Statement a change to the Hong Kong British National (Overseas) (BN(O)) route which will allow adult children of BN(O) status holders born on or after the 1 July 1997, who are currently unable to apply for the BN(O) route independently to do so. The statement is available at: Written statements - Written questions, answers and statements - UK Parliament
The change to allow adult children of BN(O) status holders born on or after 1 July 1997 to apply to the route independently of their parents is currently scheduled to come into effect this Autumn at which point further information, including full eligibility criteria, will be published on GOV.UK.
Under the new provisions, children born on or after 1 July 1997, whose deceased parent held BN(O) status, will be able to qualify for the route, providing they meet all other requirements for the route. Applicants will need to show evidence of the BN(O) status of at least one parent.
As is the case on the BN(O) route now, those who enter the UK with a Student or Visitor visa will be able to apply to switch into the BN(O) route. They will need to apply before the expiry of their current visa or grant of permission. Under the Immigration Rules, individuals applying for the BN(O) route must not be in breach of immigration laws. This includes overstaying, except where certain limited circumstances apply as set out paragraph 39E of the Immigration Rules.
Only time spent in the UK on either the BN(O) route or another route which leads to settlement can count towards the five-year qualifying period for settlement as a BN(O), with the most recent grant of permission required to be on the BN(O) route. Time spent in the UK on a Student visa does not count towards settlement.
All applicants to the BN(O) route need to demonstrate they can maintain and accommodate themselves and their family members for at least six months without access to public funds. Applicants can rely on credible offers of financial support and/or accommodation from a third party (for example, a relative or friend) to meet this requirement.
Individuals with an outstanding asylum claim must write to the Home Office to withdraw their claim before they can apply to the BN(O) route. Further information is available here: Withdrawing asylum applications - GOV.UK (www.gov.uk).
Asked by: Charlotte Nichols (Labour - Warrington North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, when she will publish (a) a timetable for the introduction of the British National (Overseas) visa extension to young people from Hong Kong and (b) eligibility criteria for that visa extension.
Answered by Tom Pursglove
On 24 February 2022, the Government announced in a Written Ministerial Statement a change to the Hong Kong British National (Overseas) (BN(O)) route which will allow adult children of BN(O) status holders born on or after the 1 July 1997, who are currently unable to apply for the BN(O) route independently to do so. The statement is available at: Written statements - Written questions, answers and statements - UK Parliament
The change to allow adult children of BN(O) status holders born on or after 1 July 1997 to apply to the route independently of their parents is currently scheduled to come into effect this Autumn at which point further information, including full eligibility criteria, will be published on GOV.UK.
Under the new provisions, children born on or after 1 July 1997, whose deceased parent held BN(O) status, will be able to qualify for the route, providing they meet all other requirements for the route. Applicants will need to show evidence of the BN(O) status of at least one parent.
As is the case on the BN(O) route now, those who enter the UK with a Student or Visitor visa will be able to apply to switch into the BN(O) route. They will need to apply before the expiry of their current visa or grant of permission. Under the Immigration Rules, individuals applying for the BN(O) route must not be in breach of immigration laws. This includes overstaying, except where certain limited circumstances apply as set out paragraph 39E of the Immigration Rules.
Only time spent in the UK on either the BN(O) route or another route which leads to settlement can count towards the five-year qualifying period for settlement as a BN(O), with the most recent grant of permission required to be on the BN(O) route. Time spent in the UK on a Student visa does not count towards settlement.
All applicants to the BN(O) route need to demonstrate they can maintain and accommodate themselves and their family members for at least six months without access to public funds. Applicants can rely on credible offers of financial support and/or accommodation from a third party (for example, a relative or friend) to meet this requirement.
Individuals with an outstanding asylum claim must write to the Home Office to withdraw their claim before they can apply to the BN(O) route. Further information is available here: Withdrawing asylum applications - GOV.UK (www.gov.uk).
Asked by: Baroness Debbonaire (Labour - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, pursuant to the Answer of 20 June 2022 to Question 18940 on Hong Kong: Foreign Nationals, what the statutory regulations are which require employers to carry out Certificates of No Criminal Convictions checks in specified roles in the health and education sectors.
Answered by Vicky Ford
The statutory regulations that require employers to carry out Certificates of No Criminal Convictions for Hong Kong British Nationals Overseas (BNOs) in the Health sector can be found under the NHS Employers criminal records check standards and in the Education sector under 'Keeping children safe in education' guidance. Both are available online. Further comment on the specifics of these regulations should be directed to the respective departments of Health and Education.
Asked by: Sarah Green (Liberal Democrat - Chesham and Amersham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her department is taking to support the welfare of children whose parents are subject to No Recourse to Public Funds.
Answered by Tom Pursglove
Temporary migrants are generally required to support themselves and any accompanying family members, including children, in the UK without recourse to public funds. This is a well-established principle which protects taxpayer-funded public services from becoming overburdened.
There are, nonetheless, strong and important safeguards in place to ensure migrants receive support where they are destitute, at risk of destitution, or have community care needs, including issues relating to human rights or the wellbeing of children.
People with leave under the Family, Private life and Human Rights routes that engage Article 8 of the European Convention on Human Rights, and those who have been granted leave on the Hong Kong British National (Overseas) route can apply, for free, to have their NRPF condition lifted by making a ‘change of condition’ application. An individual can apply if they are destitute or at risk of imminent destitution, if the welfare of their child is at risk due to their low income, or where there are other exceptional financial circumstances.
Section 17 of the Children Act 1989 imposes a general duty on local authorities to safeguard and promote the welfare of “children in need” in their area. Support provided to a child by local authorities under Section 17 of the Children Act 1989 is not dependent on the immigration status of the child or their parent(s).
Local authorities may also provide basic safety net support, regardless of immigration status, if it is established there is a genuine care need which does not arise solely from destitution, for example, where they are community care needs, migrants with serious health problems or family cases where the wellbeing of a child is in question.
Status holders who have made the necessary national insurance contributions can also claim contributory benefits such as contribution-based Jobseekers Allowance, statutory sick pay and state pension.
Asked by: Stephen Timms (Labour - East Ham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to the judgments R (W) v SSHD [2020] EWHC1299 (Admin) of 20 May 2020 and ST and Anor v Secretary of State for the Home Department [2021] EWHC 1085 (Admin)) of 29 April 2021, what recent assessment her Department has made of the impact of the immigration regulations governing No Recourse to Public Funds and social security support on the families of ethnic minority British children subject to those conditions.
Answered by Tom Pursglove
Revised No Recourse to Public Funds (NRPF) guidance was published on 18 October 2021 to ensure the best interests of children are considered when considering whether to lift NRPF conditions.
People with leave under the Family, Private life and Human Rights routes that engage Article 8 of the European Convention on Human Rights, and those who have been granted leave on the Hong Kong British National (Overseas) route can apply, for free, to have their NRPF condition lifted by making a ‘change of conditions’ application. An individual can apply if they are destitute or at risk of imminent destitution, if the welfare of their child is at risk due to their low income, or where there are other exceptional financial circumstances.
Section 17 of the Children Act 1989 imposes a general duty on local authorities to safeguard and promote the welfare of “children in need” in their area. Support provided to a child by local authorities under Section 17 of the Children Act 1989 is not dependent on the immigration status of the child or their parent(s).
Local authorities may also provide basic safety net support, regardless of immigration status, if it is established there is a genuine care need which does not arise solely from destitution, for example, where there are community care needs, migrants with serious health problems or family cases where the wellbeing of a child is in question.
Status holders who have made the necessary national insurance contributions can also claim contributory benefits such as contribution-based Jobseekers Allowance, statutory sick pay, and the state pension.
Asked by: Lord Rosser (Labour - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask Her Majesty's Government what assessment they have made of the integration of immigrants in UK society; and what plans they have to improve this integration.
Answered by Lord Harrington of Watford
The Government takes the integration of immigrants into UK society very seriously and this is reflected in our specific resettlement and welcome programmes for arrivals from Ukraine, Afghanistan and Hong Kong. These programmes are all designed to support new arrivals in understanding life in our country, their responsibilities, and the opportunities that exist for them.
Through bespoke resettlement and welcome packages for arrivals from Ukraine, Afghanistan and Hong Kong, the Government continues to monitor the integration needs of new arrivals, working closely with local authorities and other organisations to gather data and inform policy development.
All refugees to the UK have immediate access to the labour market and to mainstream services that support their integration, including benefits and healthcare. We ask local authorities to provide monitoring data on refugees who arrive via a UK Resettlement Scheme, which covers their first year in the UK. The data covers key areas such as education, employment, health and English language.
The Government also understands the vital role that education plays in promoting integration and preparing our children and young people for life in a modern and diverse Britain. All schools must promote community cohesion; and are required to actively promote our shared values of democracy, the rule of law, individual liberty, and mutual respect and tolerance for those of different faiths and beliefs.
Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will hold discussions with Cabinet colleagues on amending the immigration regulations governing No Recourse to Public Funds to enable emergency access to Universal Credit for parents who become unable to work due to (a) ill-health or (b) caring responsibilities.
Answered by Kevin Foster
The Home Office is committed to further exploring data availability on No Recourse to Public Funds (NRPF) and migrant poverty, including children in poverty, while recognising the challenges posed in identifying and gathering the relevant data.
Published correspondence between the Home Office and UK Statistics Authority sets out our proposals for further work to investigate data on migrant poverty:
There are no plans to amend the regulations governing NRPF to enable emergency access to Universal Credit for parents who become unable to work due to ill-health or caring responsibilities.
Temporary immigration status holders are generally required to support themselves and any accompanying family members, including children, in the UK without recourse to public funds. This is a well-established principle which prevents access to taxpayer-funded public services from being the basis of migration to this country. The general expectation is temporary immigration status holders who can no longer financially support themselves and their families in the UK will return to their home country.
Safeguards exist to ensure people receive support where they are destitute, at risk of destitution, or have community care needs, including issues relating to human rights or the wellbeing of children. For example, people with leave under the family and human rights routes, and those who have been granted leave on the Hong Kong British National (Overseas) visa route as a British National (Overseas) status holder or a family member of a British National (Overseas) status holder, can apply, for free, to have their NRPF condition lifted by making a ‘change of condition’ application if they are destitute or at risk of destitution, if the welfare of their child is at risk due to their low income, or where there are other exceptional financial circumstances. Local authorities may also provide basic safety net support, regardless of immigration status, if it is established there is a genuine care need that does not arise solely from destitution.
People who have made the necessary national insurance contributions can also claim contributory benefits such as contribution-based Jobseekers Allowance, statutory sick pay and state pension.
Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent estimate she has made of the number of children living in poverty in the UK with parents who are subject to No Recourse to Public Funds.
Answered by Kevin Foster
The Home Office is committed to further exploring data availability on No Recourse to Public Funds (NRPF) and migrant poverty, including children in poverty, while recognising the challenges posed in identifying and gathering the relevant data.
Published correspondence between the Home Office and UK Statistics Authority sets out our proposals for further work to investigate data on migrant poverty:
There are no plans to amend the regulations governing NRPF to enable emergency access to Universal Credit for parents who become unable to work due to ill-health or caring responsibilities.
Temporary immigration status holders are generally required to support themselves and any accompanying family members, including children, in the UK without recourse to public funds. This is a well-established principle which prevents access to taxpayer-funded public services from being the basis of migration to this country. The general expectation is temporary immigration status holders who can no longer financially support themselves and their families in the UK will return to their home country.
Safeguards exist to ensure people receive support where they are destitute, at risk of destitution, or have community care needs, including issues relating to human rights or the wellbeing of children. For example, people with leave under the family and human rights routes, and those who have been granted leave on the Hong Kong British National (Overseas) visa route as a British National (Overseas) status holder or a family member of a British National (Overseas) status holder, can apply, for free, to have their NRPF condition lifted by making a ‘change of condition’ application if they are destitute or at risk of destitution, if the welfare of their child is at risk due to their low income, or where there are other exceptional financial circumstances. Local authorities may also provide basic safety net support, regardless of immigration status, if it is established there is a genuine care need that does not arise solely from destitution.
People who have made the necessary national insurance contributions can also claim contributory benefits such as contribution-based Jobseekers Allowance, statutory sick pay and state pension.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Education:
To ask the Secretary of State for Education, whether local authority obligations to provide school places for Ukrainian refugee children arriving under the family reunion route apply in the area where they live or in the area where their sponsoring family member lives.
Answered by Robin Walker
My right hon. Friend, the Secretary of State for Education wrote to all directors of children’s services on 1 April 2022 asking them to assist refugees from Ukraine in finding school places as quickly as possible. The department followed this up with a similar message to every local authority admission officer on 4 April 2022.
Admission authorities in England must always apply their published admission arrangements. There are no exceptions for Ukrainians or children of any other nationality.
Local authorities in England do not have additional school admission obligations in relation to refugees from Ukraine, they have the same right to a school place as any other child resident in the UK. Local authorities in England have a duty to provide sufficient school places for children living in their area. Parents have a duty to ensure any of their children who are of compulsory school age receive a suitable education.
It is not necessary to have a fixed home address in order to be allocated a school and admission authorities would be in breach of their legal obligations if they refused admission on this basis. The school admissions code states that admission arrangements must be clear about how a child’s home address will be determined.
The department provides advice, in Ukrainian and Russian, to parents on finding a school place in the Ukraine welcome pack, similar to the advice we provide Hong Kong British National (Overseas) and Afghan migrants. The department have also recently updated our website giving advice to local authorities and schools on the admission rights of foreign nationals.