Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government what assessment they have made of the impact of the use of drones on increasing the effectiveness of countering terrorism, piracy, kidnappings and other offences combatted by surveillance technologies.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
Decisions to use drones and in which circumstances are operational matters for the Police and other law enforcement agencies.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government whether it is ever their policy to make an individual stateless by depriving them of their citizenship; what assessment they have made of the impact on an individual with dual nationality of being deprived of their citizenship of both countries; whether they provide guidance to officials for such a scenario; and if so, what is that guidance.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
There is no policy for prioritising nationality when deciding whether to deprive an individual with dual nationality of their British citizenship.
When making a decision to deprive an individual of British citizenship, the law requires that such a decision may not be made if it would make the individual stateless. This is compatible with the UK’s international obligations under the UN Convention on the Reduction of Statelessness. The Government cannot comment on the use of deprivation by other countries.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government whether they have a policy in place for whether any nation takes precedence over another when determining when someone with dual nationality is to be deprived of citizenship.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
There is no policy for prioritising nationality when deciding whether to deprive an individual with dual nationality of their British citizenship.
When making a decision to deprive an individual of British citizenship, the law requires that such a decision may not be made if it would make the individual stateless. This is compatible with the UK’s international obligations under the UN Convention on the Reduction of Statelessness. The Government cannot comment on the use of deprivation by other countries.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government under which circumstances, if any, they intervene to block requests for assets to be remitted to foreign government organisations either from the UK or British overseas territories.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
Under proceeds of crime legislation, asset sharing and repatriation is ultimately the Government’s decision following the recovery of assets/money under a court order it is a matter of how to then dispose of those recovered moneys. In confiscation cases, the UN Convention Against Corruption requires a full return to victim States and the EU Framework Decision on confiscation orders requires a 50% share in cases in excess of 10,000 Euros.
There are other bilateral and multilateral international agreements that encourage the sharing of recovered assets. The UK does not require an international agreement to share or repatriate assets and does so on request on an ad hoc basis. The presumption is that 50% is shared with the requesting country. There are few cases so far, but none have been refused.
The Government does not intervene with similar cases involving the Overseas Territories or Crown Dependencies.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government whether it is normal practice to request biometric procedures to be conducted before final approval for permission to enter the UK on a visitor's visa; and if so, whether they plan to consider approving such applications before an appointment to collect biometric data is made.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
The Government uses biographic and biometric information to conduct iden-tity and suitability checks on visa applicants before deciding whether to issue an applicant with a visa. If we did not complete these checks before approv-ing a visa application, we risk granting entry clearance to individuals who have an adverse immigration history and exposing the UK to harm from criminals who seek to come to the UK.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government whether UK citizens not owning property in the UK will be required to satisfy immigration authorities of income and property in the UK when applying for either EU or non-EU spouses and close family members to enter and reside in the UK after Brexit.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
The Government is considering a range of options for the future immigration system. We will build a comprehensive picture of the needs and interests of all parts of the UK, including different sectors, businesses and communities, and look to develop a system that works for all.
We will make decisions on the future immigration system based on evidence and engagement. That is why we have asked the independent Migration Advisory Committee to advise on the economic and social impacts of the UK’s exit from the EU. When building the new system, various aspects including the creative sector will be taken into account, to ensure the future immigration system works for sectors.
We will set out proposals in the autumn.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government how many times in each of the last five years have immigration officers refused permission for a short-term visitor visa on the grounds that they have not been satisfied that the applicant intends to leave the UK at the end of the period being applied for, without giving the applicant the opportunity to provide additional information.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
Border Force does not hold the data in the requested format. Published data on refusals can be found at :
Table vi_01_q: Entry clearance visa applications and resolution by category
Resolved | of which | |||||||||
Quarter | Applicant type | Category | Applications |
| Granted | % | Refused | % | Withdrawn | Lapsed |
2017 Q1 | Main applicant | Visitors | 466,782 | 440,069 | 382,392 | 87% | 56,934 | 13% | 734 | 9 |
2017 Q1 | Dependant | Visitors | 41,900 | 39,630 | 35,018 | 88% | 4,519 | 11% | 93 | 0 |
2017 Q2 | Main applicant | Visitors | 722,866 | 694,142 | 621,701 | 90% | 70,927 | 10% | 1,498 | 16 |
2017 Q2 | Dependant | Visitors | 122,499 | 112,339 | 104,414 | 93% | 7,702 | 7% | 220 | 3 |
2017 Q3 | Main applicant | Visitors | 535,737 | 580,486 | 510,720 | 88% | 67,906 | 12% | 1,848 | 12 |
2017 Q3 | Dependant | Visitors | 44,330 | 59,635 | 53,532 | 90% | 5,967 | 10% | 136 | 0 |
2017 Q4 | Main applicant | Visitors | 417,610 | 421,871 | 359,120 | 85% | 61,777 | 15% | 970 | 4 |
2017 Q4 | Dependant | Visitors | 34,005 | 34,154 | 29,480 | 86% | 4,569 | 13% | 103 | 2 |
| ||||||||||
2017 | 2,382,326 | 2,096,377 | 88% | 280,301 | 12% | 5,602 | 46 |
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government what is their estimate of the numbers of UK citizens residing in other EU member states who do not own property in the UK.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
We do not hold this data.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 8 May (HL7441), whether references to family members include non-EU citizens who are the (1) spouses, (2) civil partners, and (3) durable partners of UK citizens (a) before, and (b) after the UK leaves the EU.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
In line with the Surinder Singh caselaw, except where the family members are EU citizens exercising Treaty rights, the spouses and civil partners of UK nationals have EU law residence rights in the UK only in limited circumstances. This is where they have resided together as family members in another EU Member State where the UK national was genuinely exercising their Treaty rights, before returning to the UK. This provision does not extend to durable partners.
Although not covered by the Withdrawal Agreement, it is our intention that spouses and civil partners of UK nationals who have genuinely exercised their free movement rights in another EU Member State before returning to the UK before the end of the implementation period, on 31 December 2020, will also be eligible to apply to the EU Settlement Scheme. As per Surinder Singh, we do not intend for the relevant provisions of the scheme to extend to durable partners of British citizens.
Asked by: Viscount Waverley (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 14 May (HL7540), whether references to family members include non-EU citizens who are the (1) spouses, (2) civil partners, and (3) durable partners of UK citizens (a) before, and (b) after the UK leaves the EU.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
In line with the Surinder Singh caselaw, except where the family members are EU citizens exercising Treaty rights, the spouses and civil partners of UK nationals have EU law residence rights in the UK only in limited circumstances. This is where they have resided together as family members in another EU Member State where the UK national was genuinely exercising their Treaty rights, before returning to the UK. This provision does not extend to durable partners.
Although not covered by the Withdrawal Agreement, it is our intention that spouses and civil partners of UK nationals who have genuinely exercised their free movement rights in another EU Member State before returning to the UK before the end of the implementation period, on 31 December 2020, will also be eligible to apply to the EU Settlement Scheme. As per Surinder Singh, we do not intend for the relevant provisions of the scheme to extend to durable partners of British citizens.