Asked by: Thangam Debbonaire (Labour - Bristol West)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the potential merits of introducing a path to permanent UK residency for Hong Kong citizens who have studied at and graduated from UK universities.
Answered by Kevin Foster
International students, including those from Hong Kong, who successfully complete a degree at undergraduate level or above at a Higher Education Provider with a track record of compliance and hold valid permission in the UK as a Student (or Tier 4) may qualify for the Graduate route.
The Graduate route does not count towards settlement rights, although graduates are able to switch to the Skilled Worker route if they meet the relevant requirements, which allows them to stay in the UK to do an eligible job with an approved employer and contributes to settlement rights. Given the much wider range of professions which qualify for the current Skilled Worker Visa compared to its predecessor, there are many more opportunities to do this than in the past.
In addition, the BN(O) route which was launched on 31 January 2021 enables BN(O) status holders and their eligible family members to live, work and study in the UK on a pathway to citizenship should they decide it is the right choice for them.
On 24 February 2022, the Government announced changes to the BN(O) route to allow eligible adult children of a BN(O) status holder to apply for the route independently of their parents, provided they meet all other eligibility and suitability requirements for the route. This change will be implemented from the Autumn with further detail to be published in due course. Those who are eligible and already in the UK on a student visa can switch into the BN(O) route from within the UK.
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what plans they have to amend paragraphs (1) HK 26.2, (2) HK 26.3, (3) HK 31.1, and (4) HK 31.2, of the Appendix to the Hong Kong British National (Overseas) Immigration Rules, to allow Hong Kong citizens born on or after 1997 with British National (Overseas) (BN(O)) parents to register for the UK BN(O) Visa Scheme independently of their parents.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The BN(O) route is an unprecedented and generous offer reflecting the UK’s historic and moral commitment to the people of Hong Kong who chose to retain their ties to the UK by taking up BN(O) status. We are sympathetic to the circumstances of children born on or after 1 July 1997 with BN(O) parents and are considering what more can be done to support this cohort where they wish to build a permanent life in the UK.
We will inform the House once a way forward has been established.
Asked by: Anne McLaughlin (Scottish National Party - Glasgow North East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will publish the safe and legal routes to the UK which are available to (a) refugees and (b) asylum seekers as of 13 January 2022.
Answered by Kevin Foster
The UK has a long history of supporting refugees in need of protection. Our resettlement schemes have provided safe and legal routes for tens of thousands of people to start new lives in the UK. Since 2015 we have resettled over 26,000 refugees through our safe and legal routes directly from regions of conflict and instability.
The Afghan Citizens Resettlement Scheme (ACRS) commenced on 6th January and will provide up to 20,000 women, children and others at risk with a safe and legal route to resettle in the UK.
In addition to our resettlement schemes, we also operate the following safe and legal routes:
Our New Plan for Immigration demonstrates a strengthening of Government-backed safe and legal routes to the UK, so those in need of protection don’t have to put their lives in the hands of people smugglers.
You can find more information on our safe and legal routes at: https://www.gov.uk/government/publications/nationality-and-borders-bill-safe-and-legal-routes-factsheet/nationality-and-borders-bill-factsheet-safe-and-legal-routes
Asked by: Lord Alton of Liverpool (Crossbench - Life peer)
Question to the Home Office:
To ask Her Majesty's Government, further to the debate on 5 January (HL Deb, cols 596–7), what assessment they have made of the cost of citizenship registration fees for children; what steps they plan to take to address this; and what plans they have to extend the British National (Overseas) (BNO) visa scheme to those from Hong Kong aged 18–25 as long as one parent has BNO status.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office has acknowledged the High Court’s judgment and is reviewing the fee in line with its duties under Section 55.
A Supreme Court hearing on Child Registration fees took place on 23 and 24 June 2021. We await the final judgment and the ongoing section 55 review before publishing results.
The BN(O) route is an unprecedented and generous offer reflecting the UK’s historic and moral commitment to the people of Hong Kong who chose to retain their ties to the UK by taking up BN(O) status at the point of Hong Kong’s handover to China in 1997. However, we are sympathetic to the circumstances of those aged 18 to 25 who live in Hong Kong and are looking at whether more can be done to support them.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what plans she has to (a) maintain existing and (b) open new safe and legal routes to asylum in the UK.
Answered by Kevin Foster
While there is no provision within our Immigration Rules for someone to be allowed to travel to the UK to seek asylum or temporary refuge, the UK has a long history of supporting people in need of protection. Our resettlement schemes have provided safe and legal routes for tens of thousands of people to start new lives in the UK.
Since 2015, we have resettled more than 25,000 refugees through safe and legal routes direct from regions of conflict and instability - around half of whom were children. The UK continues to welcome refugees through the global UK Resettlement Scheme (UKRS), Mandate Resettlement Scheme and Community Sponsorship Scheme. Additionally, as part of our response to the crisis in Afghanistan, the Government has announced the Afghan Citizens Resettlement Scheme (ACRS) which will bring up to 20,000 people at risk fleeing Afghanistan to safety in the UK.
In addition to our resettlement schemes, we have provided safe and legal routes for tens of thousands of people thorough our refugee family reunion route, Afghan Relocation and Assistance Policy (ARAP) for those who heroically supported our armed forces in Afghanistan and the British National (Overseas) visa route for those affected by draconian laws restricting rights and freedoms in Hong Kong.
The Government’s New Plan for Immigration will see us continue to provide safe and legal routes for those in fear of persecution and oppression in their home country.
Asked by: Gill Furniss (Labour - Sheffield, Brightside and Hillsborough)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps she is taking to prevent poverty among those with No Recourse to Public Funds.
Answered by Kevin Foster
Those with temporary migration status are generally required to demonstrate their ability to support themselves and any accompanying family members, including children, in the UK without recourse to public funds as part of their immigration application. 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.
Migrants 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.
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 that does not arise solely from destitution. This might include where there are community care needs, migrants with serious health problems or family cases where the wellbeing of a child is in question.
Migrants who have made the necessary national insurance contributions can also claim contributory benefits such as Jobseekers Allowance and a state pension, which are not subject to residence conditions.
Asked by: Lord Taylor of Warwick (Non-affiliated - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what plans they have to expand the British National (Overseas) (BNO) visa scheme to people from Hong Kong who (1) are aged between 18 and 25, and (2) have a parent with BN(O) status.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Hong Kong BN(O) route is for those with BN(O) status and their eligible family members including adult children who were born on or after 1 July 1997 and who live with their parents. This is grounded in the UK’s obligations to those who elected to retain ties to the UK by obtaining BN(O) status; and enables them to relocate as a family. We do not currently have any plans to change these requirements.
Other routes are available to those without BN(O) status, including the undersubscribed Youth Mobility Scheme which offers 1,000 places each year to Hong Kongers and the new Skilled Worker Visa which enables individuals to come to the UK in a wider range of professions and at a lower general salary threshold than in the past.
Asked by: Baroness Lister of Burtersett (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what assessment they have made of the impact of the No Recourse to Public Funds policy for migrants on support for families, including with childcare costs.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
To be granted leave to enter or remain in the UK, most temporary migrants must demonstrate they can maintain and support themselves and their families without recourse to public funds. There are, nonetheless, strong and important safeguards in place to ensure people subject to the NRPF condition can receive support. 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 conditions’ application. They can apply 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 are required to provide financial support and/or accommodation through section 17 of the Children Act 1989, where a child is in need, regardless of their immigration status or that of their parents. Government support for families is generally led by the Department for Work and Pensions, HMRC, and the Department for Education, and they may have conducted further assessment of the impacts of the NRPF policy. |
Asked by: Layla Moran (Liberal Democrat - Oxford West and Abingdon)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what estimate she has made of the number and proportion of applications for BNO Visas made by Adult Dependant Relatives of a BNO status holder that (a) have been put on hold to date and (b) are currently on hold.
Answered by Kevin Foster
The Hong Kong British National (Overseas) (BN(O)) route is for those with BN(O) status and their eligible family members including adult children who were born after 1 July 1997 and who live with their parents. Applications made to this route are considered on their own individual facts and are progressed to conclusion as swiftly as possible.
The Home Office publishes data on visas and the BN(O) route in the ‘Immigration Statistics Quarterly Release’ on GOV.UK:
www.gov.uk/government/collections/immigration-statistics-quarterly-release
Where a BN(O) Visas application is supported by sufficient evidence to demonstrate they and, where applicable, any family members who are applying with the BN(O) status holder, are eligible for a BNO Visa, under the terms of Appendix HK to the Immigration Rules, the application will be concluded.
However, if insufficient evidence or information to support their application is provided and further information is required, UK Visas & Immigration will contact the applicant(s), providing an opportunity to supply further evidence or information for assessment, before a decision is taken on their application.
Asked by: Layla Moran (Liberal Democrat - Oxford West and Abingdon)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what estimate she has made of the number of British National (Overseas) visa applications that (a) have been put on hold and (b) are on hold because there is an adult dependant relative linked to the application as at 22 September 2021.
Answered by Kevin Foster
The Hong Kong British National (Overseas) (BN(O)) route is for those with BN(O) status and their eligible family members including adult children who were born after 1 July 1997 and who live with their parents. Applications made to this route are considered on their own individual facts and are progressed to conclusion as swiftly as possible.
The Home Office publishes data on visas and the BN(O) route in the ‘Immigration Statistics Quarterly Release’ on GOV.UK:
www.gov.uk/government/collections/immigration-statistics-quarterly-release
Where a BN(O) Visas application is supported by sufficient evidence to demonstrate they and, where applicable, any family members who are applying with the BN(O) status holder, are eligible for a BNO Visa, under the terms of Appendix HK to the Immigration Rules, the application will be concluded.
However, if insufficient evidence or information to support their application is provided and further information is required, UK Visas & Immigration will contact the applicant(s), providing an opportunity to supply further evidence or information for assessment, before a decision is taken on their application.