Immigration (Biometric Registration) (Amendment) Regulations 2010

Baroness Hamwee Excerpts

Monday 8th November 2010 Grand Committee

[Lord Rosser]

My Lords, I thank the Minister for his explanation of these regulations which, as I understand it, continue the incremental rollout of biometric immigration documents to include groups of foreign nationals who are subject to immigration control and who have limited leave to stay in the United Kingdom. I understand that the biometric immigration document issued under the regulations is a card with a chip containing biometric data; namely, fingerprints and a digital facial image.

As the Minister said, these are the fifth set of regulations to be made under the biometric registration provisions of the 2007 Act and are intended to enable us to move closer towards complying with the EU requirement for member states to confirm leave to stay through the issue of a residence permit in the form of a card from May 2011, and with a biometric card from May 2012. Do these regulations mean that the UK will have fully complied with its legal obligations under the EU legislation by May 2012, or am I to infer from a comment the Minister made towards the end of his speech that still further measures need to be taken to enable us to fully comply?

The Minister said that under these regulations individuals applying for further leave to stay in the UK for more than six months under the immigration rules in tiers 1 and 5 of the points-based system for migration will now have to apply for a biometric immigration document, as will the dependants of such applicants. The changes apply only to foreign nationals subject to immigration control. Already covered by the scheme are those in tier 2 of the points-based system—who, as I understand it, include intra-company transfers—and tier 4, which covers students. Paragraph 7.4 of the Explanatory Memorandum states:

“Employers are also becoming increasingly familiar with the biometric immigration document as the numbers in circulation have increased following previous roll outs”.

I think the Minister said—I may well have misunderstood him—that there were 3,500 such documents now in circulation. Can he clarify whether that is the case? If it is not, what is the figure, and by how many will the number increase as a result of the order coming into force? In the light of the statement in the impact assessment that tiers 1 and 5 constitute approximately 16 per cent of the total projected numbers of biometric resident permit applicants, will the 3,500 be increased by roughly one-sixth?

To what extent are the numbers of people extending their stay in the United Kingdom under the terms of these regulations affected by the proposed cap on the numbers coming to this country each year? Will the provisions of these regulations or the earlier regulations covering tier 2—which I thought covered intra-company transfers, among other things—made under the biometric registration provisions of the 2007 Act apply to those coming to this country under intra-company moves, who, it appears, may now not come within the constraints of any intended cap on numbers coming to Great Britain.

Paragraph 8.1 of the Explanatory Memorandum states that there has been no formal consultation, but that the rollout strategy and policy have been discussed with internal and external stakeholders. Can the Minister indicate exactly who were the external stakeholders with whom discussions have taken place, if there were any in addition to those referred to in paragraph 9.1 of the Explanatory Memorandum? It may be that paragraph 9.1 covers all external stakeholders.

The impact assessment refers also to the social costs of £8.1 million which relate to the costs of travelling to enrol biometrics. Can the Minister say how the figure is calculated and broken down, at least in general terms? Likewise, the impact assessment refers to a reduction in benefits fraud and states that this could total £0.4 million over 10 years. Once again in general terms, how is that figure calculated? How does one come to the conclusion that that would be the figure after 10 years?

The Immigration Law Practitioners’ Association expressed concerns that processing times will increase when the volume of applications increase because applicants from tiers 1 and 5 will also need to enrol biometrics. The Explanatory Memorandum appears to reject these concerns. On what basis, and against what criteria, have the Government come to the conclusion that they have increased the capacity of enrolment facilities and options sufficiently, as is inferred on page 21 out of 56 of the Explanatory Memorandum documents?

Likewise, the ILPA expressed a view that the requirement for a biometric residence permit will adversely affect frequent business travellers because it adds an extra stage to the application process. The response was that, as part of the review of the front-office biometric enrolment service, the Government will be looking to further improve the service offered to applicants, including increasing the availability of enrolment offices and faster processing times. Since, as I understand it, the policy is to be implemented next month, what specific further improvements do the Government intend to make to address this point made by the immigration law practitioner service, and its further point that the range of locations at which biometric data can be enrolled, to which the Minister referred in his speech, is limited?

I appreciate that there are a number of questions there. I do not know the extent to which the Minister can respond today, but I would be grateful if he could write to me on those questions that he is unable to respond to.

[Baroness Hamwee]

I, too, am grateful for the explanation. I have given the Minister notice of some questions which, in fact, cover very much the same ground as those asked by the noble Lord, Lord Rosser.

On the question of compliance with EU requirements; to put it another way round—what more is outstanding on that score for the UK fully to comply? My other questions are practical in regard to enrolment and access by employers to the information. I am unclear how biometric information, as distinct from simply the production of the card, makes it easier for employers to check eligibility to work in the UK—something which the impact assessment tells us will be the case. Can employers check the position without having access to a reader? The Minister mentioned a telephone verification service. I do not know whether I am confusing the different bits of the mechanics of this, but I am unclear what that service will provide.

The Minister also talked about 11 centres for enrolment, plus 17 Crown post offices. This seems to have been an issue in the consultation. What further rollout will there be and what geographical coverage has already been obtained by the centres that are in place? They seem to be quite small in number.

[Earl Attlee]

I am grateful for noble Lords’ questions about this. The noble Lord, Lord Rosser, asked about the rollout and whether the UK would be fully compliant by 2012 as per the regulations. Yes, it will. Companies are becoming familiar with them, because there are 300,000 in circulation. Certain types of companies tend to use more migrant labour and are therefore more familiar. He asked how many more would be issued. We think about 80,000 per annum. He also asked about consultation. In the Explanatory Memorandum there is a very long list of people consulted, but I shall not weary your Lordships by reading it out.

The noble Lord touched on enrolment capacity and limitations. That is one reason why we did not introduce the BRPs in one go. It is a rollout programme, taking in new tiers.

I was asked how an employer can check a BRP without a reader. Guidance clearly sets out that the security features of BRPs are available to download from the UK Border Agency website. There is also a BRP verification telephone service, which employers can call to check whether a card has been cancelled—for example, because it has been reported lost or stolen.

I was asked where applicants can register their biometric identifiers. They can do so at one of 11 Home Office biometric enrolment offices around the UK, or one of 17 Crown post offices participating in a pilot. At present there are 28 venues located at UK Border Agency inquiry offices at Croydon, Solihull, Sheffield, Liverpool, Glasgow, Belfast and Cardiff. There are also biometric enrolment centres at passport service offices enrolling foreign nationals on behalf of the UK Border Agency at London Elephant and Castle, Birmingham, Derby and Brighton. The post offices are at Aberdeen, Beckenham, Beeston, Bracknell, Cambridge, Durham, Kingstanding, Battersea, Camden, Earls Court, Old Street, Middleton, Oxford, Redditch, Romsey, South Shields and Stamford. So there are plenty of locations.

We have also rolled out a mobile biometric enrolment service for those physically unable to attend an enrolment centre for medical or other reasons. This service is also available as an exclusive super-premium service whereby UK Border Agency officers will visit an applicant to enrol their biometric information—fingerprints, photograph and signature—and decide and conclude their application. This costs £15,000. The super-premium service is not currently available to customers applying for an extension of leave under a category that does not require a BRP, or applying for permanent residency or citizenships.

I was asked what we were doing to address the problems that applicants have experienced when applying for BRPs. Most have not experienced problems. The UK Border Agency takes any problems or issues very seriously, and is determined to learn lessons and continuously improve the service provided to its customers. It investigates any complaints received and aims to resolve them as quickly as possible and take steps to put things right if and when they have gone wrong. The vast majority of people find applying for a permit trouble-free. We have been collecting customer feedback and the vast majority of responses have been very positive.

I was asked why applying for a BRP delays applications. It does not do so, but the biometric enrolment must take place before the case is concluded, so that we can check the applicant against the existing databases and link their biographical details provided to the unique biometric identifiers.

The noble Baroness, Lady Hamwee, asked several questions. First, she asked what more was required for the UK fully to comply with the EU requirements. EU legislation requires BRPs to be issued to all non-EEA migrants, granting permission to stay in the UK for more than six months, by May 2012. We are on target to do that. She asked how biometric information, as distinct from the card itself, makes it easier for employers to check eligibility in the UK and whether that did not require employers to use a reader to check the information. Biometric information makes the link between the document and the holder more reliable, which in turn means that employers can have more confidence in the BRP than other less sophisticated documents. Currently, an employer can perform a visual check of the biometric facial image incorporated into the face of the card against the person present as well as checking the BRP’s security features and using the telephone verification service. We are currently developing plans for an automated online checking service. In time, readers capable of unlocking the data on the chip will be more readily available and will enable employers to check the biometric information of the person presenting the document against the facial image and fingerprints stored on the chip. They will also have the ability to authenticate the document electronically.