Immigration: Hostile Environment

Lord Jones of Cheltenham Excerpts

Thursday 14th June 2018 Lords Chamber

[Lord Jones of Cheltenham (LD)]

My Lords, I too congratulate the noble Lord, Lord Bassam, on introducing this important debate and explaining so comprehensively what happened to the Windrush generation and why it was so wrong. Let me say also what a joy it is to follow the noble Baroness, Lady McIntosh, who is always worth listening to in this House.

I would like to describe another example of the effects which current government policies have on those from other countries who are here legitimately. A case came to my attention recently of someone who married a UK citizen in 2015. The appropriate spouse visa was issued, at significant cost, and a health surcharge was paid; again, not a small amount. Both husband and wife have master’s degrees—exactly the kind of people this country needs to be a success in the future.

Under current rules, a spouse visa lasts for two and a half years and then an extension spouse visa must be applied for, again at considerable cost and with another health surcharge. The extension visa lasts for another two and a half years, after which the applicant is able to apply for permanent leave to remain, again at considerable cost and with another health surcharge. This particular applicant has just been through the spouse extension visa application, which seems to me to have been a pointless but quite damaging process. Let me explain why.

The Home Office website advises that an application to extend a spouse visa should not be made more than 28 days before the existing visa runs out, yet the Home Office’s own target average processing time for such a visa is eight weeks. Therefore, on average, following all the advice of the Home Office, the applicant is likely to experience what I will call a limbo period of four weeks after the original visa has expired but before the new visa is issued. The website also says that interviews can be held at certain offices around the country to speed up the issuing of the spouse extension visa. Unfortunately, at the time of applying, no such interviews were available.

This application should have been a five-minute job for any competent civil servant, or 10 minutes at the most—allowing for a coffee break, make it half an hour. The paperwork was in order, there had been no contact with the police, all taxes had been paid by both partners and the large fees had been paid. This application was not dealt with in half an hour but dragged on.

Consequently, the applicant fell into the limbo period, which caused a number of problems. A close family member had decided last year to get married this year on one of the Greek islands—this was arranged a long time ago—and the applicant was invited. Airline tickets and accommodation were purchased. However, because of falling into the limbo period, the applicant was unable to travel—the Home Office still had the passport and had not issued the extension visa—and so missed the wedding, where I understand a good time was had by all but there were mutterings over the visa-issuing process. Needless to say, in the week after the family wedding the passport and renewed visa arrived on the last day of the eighth week since application.

The Minister may recall that I have tabled several Parliamentary Questions recently. She is one of the best Ministers in the House for at least trying to answer the Questions posed. On 14 May I asked:

“Why an applicant for a spouse extension visa may not apply more than 28 days before the expiry of their current visa when the standard processing time … for someone resident in the UK is eight weeks”.

The Minister replied on 22 May:

“The requirement to submit a spouse extension application no earlier than 28 days before the expiry of existing leave is advisory, not mandatory. However, an application submitted earlier may result in a shortfall in the applicant’s qualifying period when they later apply for settlement”.


I understand that. I also asked:

“what advice they give to applicants if they need to make international travel after their visa has expired but before their renewal visa has been granted”.

The Minister replied:

“Applicants are advised when applying not to make any non-urgent … travel arrangements until their passports or travel documents are returned to them, followed by their Biometric Residence Permit if their application is successful”.


She went on to say:

“Applicants can request the urgent withdrawal of their application for international travel. They would then have to apply for entry clearance from overseas to return to the UK”.


So you go to a Greek island to attend a wedding and spend most of the time there applying for leave to come back to the UK. It does not make a great deal of sense.

On top of the disappointment over missing the wedding, the applicant had just completed a research project for one of the UK’s universities and was applying for similar work elsewhere. However, because of the “Windrush” publicity, potential employers were deterred from offering employment because the Home Office had the passport and they did not want a potential “illegal” on their books. So there was an interruption to the applicant’s contribution to the UK economy.

Out of the blue, a telephone call was made offering employment carrying out recovery work on one of the UK’s overseas territories because the applicant had the correct qualifications and experience to do the job. Noble Lords will be aware of the damage caused in some overseas territories by the Caribbean hurricanes last year. Unfortunately, that opportunity had to be turned down because under the law as it stands anyone holding a spouse visa is not allowed to spend more than a certain number of days outside the UK, otherwise a subsequent application for permanent leave to remain will be refused. This is nonsense. It feels like another example of a hostile environment towards someone who is here legitimately, has done nothing wrong—except, perhaps, to fall in love with a British citizen—and has a lot to contribute to our country.

Perhaps I may ask the Minister these questions to help with the new Home Secretary’s review. Why does it take eight weeks to process a routine application for a spouse extension visa? Does she agree that no one should be left in a limbo period? I cannot believe it, but are the Government trying to discourage mixed marriages? How much of the high fee charged is actually incurred in the processing of these visas? Why is a spouse extension visa needed at all? Why cannot the applicant apply for permanent leave to remain instead of having to apply for another two-and-a-half year visa? Surely two and a half years is long enough to show that the relationship is genuine. Further, will the Minister look at the rules on the number of days an applicant can be out of the country, particularly if they have been invited to help in the UK overseas territories, which after all are technically British?

Yesterday I received an email from a project worker in the organisation Just for Kids Law. Its “Let us Learn” campaign is youth led and aims to achieve change that helps young people between the ages of 16 and 24 who were brought to the UK at a young age from over 70 different countries and consider the UK their home. The project worker points out in her email that:

“Most of us have to go through a 10-year process of applying and repeatedly renewing our immigration status. This currently costs £8,521, before we are entitled to naturalise as British citizens, costing a further £1,330. Since 2014, the limited leave to remain fees we have to pay every 30 months to keep our immigration status up-to-date have increased from £601 to £1,033 excluding NHS surcharge of £500. The government mentioned earlier this year that the surcharge is set to rise to a total of £1,000. With no legal aid … many of us are struggling to keep our heads above water”.


She goes on:

“Because of this, we are calling for a government review of the impact of spiralling fees on lawful young migrants. We would like to see an immediate freeze of limited leave to remain fees and, ultimately, a shorter and affordable route to citizenship. The recent Windrush scandal has shone a light on an immigration system that is broken”.


There are many trouble spots in the world and the UK has a good record over the centuries of responding to the needs of those at risk. Unfortunately, in recent years there has been a tendency to kowtow to the racist nonsense spouted by some very unpleasant people both here and abroad. We should reject that approach. The Chicago-born actor, Mandy Patinkin, sums up the situation perfectly. When asked what was currently bugging him, he said:

“The global insensitivity to the most vulnerable people among us in the world: the refugees displaced by war, climate change, and the hatred of others. That insensitivity towards our fellow human beings is a wound to our collective soul”.


My Lords, I agree with him.