Commonwealth Personnel in the Armed Forces

(Limited Text - Ministerial Extracts only)

Wednesday 8th May 2019 Westminster Hall

[Mr Sweeney]

I thank my hon. Friend for that contribution, and for reiterating the frustration that many feel about the Government’s wrong-headed position.

[The Parliamentary Under-Secretary of State for Defence (Mr Tobias Ellwood)]

I am slightly conscious of the manner in which the debate is already going. I simply interject about the use of the words “hostile environment”, because I hope that there will be cross-party consensus on where we want to take this issue. I invite the hon. Member for Glasgow North East (Mr Sweeney) to urge caution on such language. The fees for those from the Commonwealth who serve in our armed forces are the same fees that everybody must pay, no matter where they are from. Those people are not being targeted, and nor are those fees part of any form of hostile environment. I simply invite the hon. Gentleman to keep the debate as elevated as possible, rather than getting down into some political rut.

[Mr Sweeney]

I thank the Minister for his sentiments. The term “hostile environment” is born of persistent and comprehensive observation of the behaviour of the Home Office across a number of different fronts. It does not pertain particularly to service personnel; that is merely another permutation of how it harms quality of life, including that of our armed forces personnel. I am encouraged by the Minister’s aspiration to reach consensus on this issue, which I share, but I also acknowledge that there is a significant problem within our immigration system. I believe that our armed forces personnel should be treated as exceptional cases. That is the thrust of my argument today, which I will elaborate on further as we go forward.

I share the concerns of my hon. Friend the Member for Slough (Mr Dhesi) about the costs associated with service leavers applying for indefinite leave to remain. A service leaver who wants their partner to join them with indefinite leave to remain faces a bill of £4,778 to continue to live in the UK, even before children and further dependants are taken into account. Furthermore, immigration rules state that a foreign worker must earn an income threshold of £18,600 to apply to bring their spouse to the UK. In addition to that £18,600 threshold, the minimum income requirement to bring over one child is £22,400, with an additional £2,400 for each child thereafter. To put that into context, a soldier’s basic pay after training is just £18,600 a year; as a single person, they are right on the threshold.

It is difficult to understand just how vital the support of friends and family is to serving personnel who, during tours of duty in conflict zones, work antisocial hours in conditions that are often appalling. Impeding the opportunity for those who serve to have their families living with them, providing that close emotional support, seems to me particularly callous. Considering the general concentration of Commonwealth troops in the lower ranks, and the fact that they require permission from their superiors and commanding officers to take up weekend work in order to earn sufficient money to achieve those income thresholds, doing so can be exceptionally difficult and put those troops under significant emotional hardship.

The Army Families Federation, which has also been investigating the issue, believes that up to 500 troops are affected. The AFF told The Times that it has been contacted by around a dozen soldiers separated from their children, and that Army chaplains and welfare officers have reported tearful troops in despair over their situation. There are also concerns that Commonwealth soldiers are not always aware of the issues prior to joining the UK armed forces, and it comes as a very unwelcome and distressing shock when they realise the limitations they face.

A recent Defence Committee report recognised that the vast majority of veterans leave the services with no ill effects. It is important to acknowledge that reality, but the report maintained that although the Government have made improvements in the care available to personnel leaving the armed forces, it was none the less the case that

“some serving personnel, veterans and their families who need mental health care are still being completely failed by the system.”

That is not good enough. It might not be typical, but it is certainly not good enough.

For some Commonwealth veterans who struggle with mental health, there is also a serious threat of deportation in addition to any other concerns they might have. I have spoken several times of the struggles that many veterans experience with their mental health. It has often been discussed in debates—some familiar faces are here. I have personal experience of people who have suffered and been affected by those problems. As I have mentioned before, the Royal Regiment of Scotland lost four soldiers and ex-soldiers last year through a spate of suicides. That caused great concern and worry about what that meant for the wider generation of soldiers who have served on operations in recent years. Reflecting further, more than 70 veterans have taken their own lives in the past year, which is very troubling. The death toll has exceeded the number of battlefield fatalities in 11 of the 13 years that British forces were operational in Herrick in Afghanistan. That is a pretty devastating statistic.

Four in 10 service families who have requested access to and been referred for mental health care have had difficulty accessing that treatment. That is not good enough and we need to do more. Many of our veterans experience great frustration when it comes to mental health support. Having approached people to get that level of support, they do not get the level of rigour that they deserve, leading to the despair we have seen, culminating in spates of veteran suicides. No veteran deserves that—not those originating from the UK, and not those from the Commonwealth. It is heartbreaking that some individuals could have their mental health affected by the lingering threat of deportation and immigration concerns after retiring from the armed forces.

I was pleased to see that a cross-party group of more than 130 MPs, co-ordinated by my hon. Friend the Member for Bridgend (Mrs Moon) and the hon. Member for Gloucester (Richard Graham), have written to the Home Secretary calling for the fees to be scrapped. I would like to add my late support to that today. I did not have the opportunity to sign the letter itself, but I thoroughly endorse its sentiments. The letter is indicative of the scale of the problem and the groundswell of support from Members from all parties who want to see this issue gripped and properly addressed with the greatest sense of urgency.

I will therefore finish with some direct questions to the Minister. First, will he speak to the Home Secretary and the Home Office to secure a reply to the cross-party letter on the issue of visa fees, because Members are yet to receive a reply? Will the Government do the right thing and immediately scrap visa fees for armed forces veterans applying for indefinite leave to remain and, furthermore, grant them the unique right to apply for immediate British citizenship without limit of time? Finally, will the Government, in recognition of the huge debt we owe to our veterans, issue an apology to the veterans from the Commonwealth and their families who have been forced to pay these extortionate fees, despite their service to our country, and set up a mechanism to compensate those who have suffered financial detriment?

The Windrush scandal and ongoing examples of the Home Office’s policies in this regard demonstrate that our asylum and immigration system is badly failing and appallingly lacking in compassion and efficiency. Anyone who represents constituencies with a large population of immigrants or people seeking asylum will be all too aware of how the Home Office treats them. The situation with service personnel is just the latest manifestation, harming the very people who are prepared to make the ultimate sacrifice by laying down their lives in defence of our country. The very least we can do in recognition of their service is to grant them and their families the right to full British citizenship at the end of their service and to bring true equality to all those who serve in our armed forces, regardless of their country of origin.

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[The Parliamentary Under-Secretary of State for Defence (Mr Tobias Ellwood)]

It is a pleasure and honour to respond to this important debate, and I congratulate the hon. Member for Glasgow North East (Mr Sweeney) on securing it. I also thank him for his service. In this country we do not pay tribute often enough to those who put on the uniform and serve their country—perhaps we are shy compared with the Americans—so I am grateful for that. The hon. Gentleman brings a level of expertise and understanding to this debate, which is very welcome.

As the Prime Minister did today during Prime Minister’s questions, I wish to pay tribute to Guardsman Mathew Talbot, who was sadly killed on duty in the Liwonde national park in Malawi, where he had an important role in the counter-poaching efforts in which we are involved. His work was a reflection of the symbiotic relationship that we have with so many Commonwealth countries with which we work, not just on security aspects but on the other detailed challenges that we face, including poaching. This is a very sad moment, and our thoughts and prayers are very much with Mathew’s friends and family. It is a reflection of the bond that we have with nations of the Commonwealth when dealing with modern-day problems.

The hon. Member for Glasgow North East spoke of the history of the Commonwealth countries, and of the bonds that go back to before the East India Company and have matured into something very important that goes beyond trade; it is the strength of trust that we have. It is a relationship that we value very much, to the point that we invite them to work with us—to be in the trenches, on the factory floors and in the diplomatic corridors—and serve together for the greater good, and to stand up to ill across the world.

I look back on my own service. The first sergeant who I came across in the Royal Green Jackets, Sergeant Morrell, was a big, burly character from Fiji. He could do things with a Northern Ireland glove that kept discipline in line in our platoon. It would probably not be allowed nowadays, but it was nevertheless a fantastic introduction to the contribution that the Commonwealth made. Another person in my platoon was from St. Lucia. He was a wonderful character of the same size as Dwayne Johnson, also known as The Rock, who is a big, burly actor in all the movies at the moment. My colleague was his own deterrent: whenever he stood behind me when I had a disagreement, things were somehow resolved very quickly.

It is important that we begin this debate by paying tribute and giving thanks to our Commonwealth friends for what they bring to this country, which is all the more reason why we need to get this particular issue absolutely right. I will answer some of the general questions that were asked and then dive into the detailed matter, if I may.

The hon. Member for Glasgow North East touched on the mental aspect, which is something that is quite important to me. I hope he acknowledges the advancement that we have made on stoicism and the difficulties we have in the armed forces environment of talking about mental health. Our new strategy is about recognising that it is all right to put one’s hand up and say there might be something wrong with one’s mind, as one does if there is something wrong physically; greater prevention in the resilience that we build up in preparing people for the battlefields and theatres of operations in which they might be involved; and better detection, so that we can treat people and get them back to the frontline without their fearing that putting their hand up might affect their career prospects. Although the hon. Gentleman raises this matter, I hope that we have made progress. More work needs to be done, and we look forward to sharing some of the work we have done with the arrival of Mental Health Awareness Week next week.

The hon. Gentleman also spoke of friends and family, which perhaps goes to the heart of this matter. Individuals from the Commonwealth come here with the anticipation that perhaps one day they might wish to bring their families. Questions then arise, because financial challenges are suddenly imposed. I know that one of the reasons people choose to depart the armed forces is the eventual pressures on the family unit, including children at school and spouses. We are working to ensure that the welfare support we provide to people in uniform extends to the wider family support unit, which is so critical.

Hon. Members touched on matters that are not the purview of the Ministry of Defence, which I think is recognised—for example, the Home Office has responded to Windrush. I hope he recognises that I cannot respond to such questions. I will do my best to answer some of them in the time we have. If I cannot, I commit to writing to hon. Members with the details, should that be helpful.

I do not understand why my hon. Friend the Member for Gloucester (Richard Graham) is still on the Back Benches, because the knowledge that he brings to debates is phenomenal, which I hope is recognised. He spoke about his background in Kenya, and I know he also spent a bit of time in the far east—he is a real internationalist. Every time he adds value to these debates, people listen. He made the most important point: this is not just about our armed forces, but applies to anybody who wants to come and work in our NHS or for the police. The very same challenges exist in those arenas. We have to recognise that other Departments will be queuing up to say, “I’ll have some of that too, please, if you don’t mind.” That is the wider context of this debate, so I was very pleased that he raised that point.

[Alex Chalk]

The Minister is giving a powerful response, as I would expect. He is right to say that there is a risk of a floodgates argument. Does he agree that people who put their lives on the line in the service of this country are in a special category, which ought to be reflected in the way their visa applications are dealt with?

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[Mr Ellwood]

I do not want to kill my own argument, so of course I am going to say that my hon. Friend makes a powerful point. We need to recognise that people joining our police forces or fire services would claim something similar. We need to find a solution that is amenable to all, but which also recognises—this issue was raised earlier—the challenges for recruitment and retention. I will not deny those. At the moment, we are doing better at recruitment, but not so well at retention, which is partly to do with improving the actual contract that we have with people to ensure that we retain them for as long as possible.

My hon. Friend the Member for Gloucester also mentioned the campaign that the Royal British Legion has done, and it was a pleasure to meet Charles Byrne yesterday to discuss these and other issues. I am very grateful for the work the RBL is doing to highlight this issue.

[Jamie Stone]

Can I press the Minister on that point? In my own contribution—I did not put it quite as eloquently as I should have done—I said that if somebody at the bottom could see a career path that would take them up, it might improve the chances of retention.

[Mr Ellwood]

The hon. Gentleman is absolutely right, and I will come on to address such issues. He allows me to jump ahead and thank him for his contribution and the valuable point that he makes. People who arrive here tend to be singles—individuals on their own. They have signed up, but their circumstances might change. What happens then? It is a communication issue as well. We need to make sure that those who are embarking on this journey and signing up to join our armed forces are fully aware of what is happening. We have found out, particularly from the families’ federations, that they arrive here unaware of the financial consequences, which is the first step we are trying to resolve.

My good friend, the hon. Member for Strangford (Jim Shannon), mentioned the role of the Gurkhas. They are not part of the Commonwealth, but we have a unique relationship that has developed over time. Through various campaigns, they have gained parity with our armed forces, which is very important indeed. He also mentioned that everybody who serves in Her Majesty’s armed forces deserves the gratitude of the nation, and I could not agree more.

The hon. Member for Glasgow North West (Carol Monaghan) spoke of the importance of the families’ federations. I meet with them on a regular basis and will be seeing them tomorrow. I think we are meeting some in the near future to talk about aspects of the charities’ work. The three families’ federations give some of the most important input I receive—a reality check on what life is like in our armed forces. It is critical that we keep that communication going.

[Richard Graham]

In terms of the nation at large understanding the scale of the Commonwealth contribution to our armed forces, would the Ministry of Defence consider creating a digital map of the some 4,700 Commonwealth servicemen and women, and the different armed forces or units they are in, to give an example of the scale of what I think is roughly 5% of the Army alone?

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[Mr Ellwood]

That would certainly be an interesting reflection of the importance of the contribution they make. I think the current number stands at about 4,500. There are also 3,000 Gurkhas—as I indicated earlier, they are an incredibly formidable and extremely professional force, and I had the privilege to serve with many of them.

The hon. Member for Glasgow North West spoke of the Capita contract. We have debated this many times, and it is a concern of ours as well. I am genuinely concerned, because I fear that there is a gulf between our capability and the threats we face, which needs to be recognised if it is to be filled. We need to ensure that we retain and recruit, and that we procure the necessary equipment, in order to close the gap. Given that we have a spending review coming up, that is exactly what the new Defence Secretary is focusing on. I hope hon. Members will be supportive of an increased defence budget.

I spoke of our historic relationship from a military service perspective. At Sandhurst, Lympstone, Dartmouth or the staff college at Shrivenham, one can see myriad representatives from the full spectrum of Commonwealth countries. Those people are not just in our armed forces, but also train officers, for example, and work alongside their British comrades, which is exactly as it should be. British personnel also go to staff colleges in other countries around the world. At any one time, a number of British officers are at the staff college in India, for example. That is an important advancement of our relationship.

Another reflection of our gratitude is the number of Victoria Crosses awarded over the years. Some 280 Victoria Crosses have been awarded to people from 13 different Commonwealth countries, including William Hall from Canada in 1857, for his contribution in India, and more recently, Johnson Beharry, who was in Al-Amarah in Iraq in 2004. That shows that once they are in uniform and working alongside us, they meet the same standards, values, professionalism and bravery that we expect from our own troops.

The terms and conditions for Commonwealth soldiers, sailors and air personnel are exactly the same as for their British counterparts, as are their pay, accommodation and service eligibility criteria. They fulfil a wide range of roles, whether technical or from an infantry perspective, which is why it is so important, in this day and age, to recognise that and give thanks to our Commonwealth citizens.

Commonwealth citizens with five years of residency are eligible to join the armed forces—between 2013 and 2015, 650 joined. Last November, the Government announced plans to significantly expand the number of Commonwealth personnel to 1,350, which reflects the challenge of recruiting in the UK. That required the removal of the five-year UK residency criterion for Commonwealth participants.

[Richard Graham]

The Minister makes a good point about those numbers. I understand that every year, roughly 400 Commonwealth servicemen and women apply for indefinite leave to remain. If the cost for a family of four is roughly £10,000, the total cost would be around half a million pounds. Although that is a lot of money for any individual, it is a relatively small figure in the overall scheme of Government spending, so I hope that the Minister agrees that whatever judgment the Home Office reaches, it will not be because of financial pressure.

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[Mr Ellwood]

My hon. Friend makes a powerful point, with which I was going to conclude. We are not talking about huge sums of money to rectify the problem—it will not completely break the bank, but it will require answers. At the moment, the ball is in the court of the Home Office, which is looking at the issue, but he suggests exactly how we would like it to go.

The immigration status has been mentioned by a number of hon. Members. Non-UK personnel are granted an exemption from immigration control by the Home Office once they have joined, and can come and go from the UK without restriction for the purposes of their duty. The exemption is valid for the entirety of their regular service. Commonwealth personnel can apply to naturalise, using their time in the UK and while serving overseas towards the five-year UK residency criterion. That is not offered to other groups living and working in the UK, so it distinguishes us from police and NHS recruitment. Non-naturalised personnel can apply for indefinite leave to remain if they have completed a minimum of four years’ service upon discharge. Applications can be made up to 10 weeks before discharge, so indefinite leave to remain can normally be granted quickly following the last day of service.

The minimum income requirement was also raised by a number of hon. Members. The Home Office introduced new family migration rules, including a minimum income threshold—now known as the minimum income requirement—that individuals need to meet to sponsor visas for non-EU dependants to enter the UK. The minimum income requirement is £18,600 for a spouse or civil partner. That rises to £22,400 for a spouse or civil partner plus a child, and further £2,400 is required for each individual child beyond that. The minimum income requirement is designed to ensure that sponsors can support their dependants financially, so that they do not become a burden on the UK taxpayer. The requirement has been tested and upheld by the Supreme Court.

The starting salary after training for regular soldiers is £18,850, which is above the minimum income requirement. Any individual soldier who comes here and passes their basic training is not affected by the minimum income requirement, because they earn the right amount of money. The problem is if they want to bring their other half or any children—that is the dilemma that we face. For lower-ranked soldiers, sailors and air personnel, it can take up to four years for an individual salary to meet the minimum income requirement to bring a child to the UK. I agree with hon. Members that that is too long and needs to be addressed.

The immigration issues that impact on our personnel and their families have been raised as a key priority under the armed forces covenant, which we should recognise. Progress is being monitored through meetings, such as those of the Covenant Reference Group and the Ministerial Covenant and Veterans Board. We have raised the matter at every necessary level and are in discussions with the Home Office to explore whether armed forces personnel can be exempted from minimum income requirements to allow non-UK and non-EU citizens to bring family members to the UK, and whether the costs of visas during service and applying for settlement after service can be waived.

I cannot make it clearer than that. That is what I want to achieve and what we need to do if we are to meet our moral obligation and sense of gratitude to those who serve alongside us in peace and in war, to keep our country and their countries safe, and to keep our adversaries at bay. I will do my best to review what hon. Members have said and will write to them. I hope I have been clear about where the MOD and I sit on this issue. We will work with the Home Office to conclude the matter in a positive manner.