British Citizenship Fees: Children

Alison Thewliss Excerpts

Tuesday 4th September 2018 Westminster Hall

[Alison Thewliss (Glasgow Central) (SNP)]

It is a pleasure to see you in the Chair, Mr Hollobone.

Week in, week out, at surgeries, I see the impact of the UK Government’s hostile environment on the lives of the people I represent, and one of the cruellest things about that is how it affects children whose parents either cannot work or are not allowed to work, and have no access to public funds. It is the children who lose out in those circumstances. If a child does not have citizenship they are subject to most of the same frustrating and arbitrary rules as adults, some examples of which I will discuss. The hostile environment aims to reduce immigration by making life in the UK so difficult for people that they simply give up and go back to their original country. Children, however, do not have that choice, and it is staggering that the Government put such high barriers in the way of children’s security and future prospects. The environment also limits children’s opportunities. I have had cases in my constituency of children in youth clubs or schools wanting to go on trips but not having the right under citizenship to do so. They cannot get a passport and cannot travel and are therefore missing out on educational opportunities from which they would benefit hugely. It is also cruel for them to see all their friends going away and not being allowed to participate on the same basis because their family cannot afford the fee.

The fee has escalated, mirroring the escalation in the adult fee, but this is an example of migrant children being treated the same as adults in a way that is borderline discrimination. We do not treat children who are British citizens exactly as we treat adults, so why the children of migrants? Children would struggle to get the money from their paper round, lemonade stall or any other means of fundraising. The Home Office is charging vulnerable children nearly three times the actual cost of the process. The children have a right in law to be registered as British citizens, as my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) outlined, so making a profit is simply not acceptable. Charging children an excessive amount for something they are fully entitled to under the laws set by this Parliament is a policy the Home Office should be ashamed of. The Secretary of State’s obligation to provide the framework to enable the will of this Parliament in recognising citizenship is long overdue.

There is also discrimination regarding the Government’s intended charges for EU nationals’ settled status, for which there is recognition that adults and children should be treated differently—the fee will be £65 for adults and £32.50 for children. There is a whole lot of resentment among many communities that EU nationals are being charged a different fee from non-EU nationals, which is stoking up problems for the future, because non-EU nationals seeking citizenship for their children are asking, “Why do we have to pay more? Is our contribution not valued as much? Is what we have to offer this country not valued as much?” I urge the Minister to consider the huge disparity in the fees, because it is causing an awful lot of resentment in communities.

The impact assessment refers to the fee being set above the cost of administration to reflect the benefit that users get from the system of migration, but that is entirely the wrong attitude. The child is not having additional benefits conferred by the Secretary of State; they are having their pre-existing right recognised. Characterising what should be viewed as a recognition of a right as the provision of a privilege has allowed the Home Office to apply the fee extremely rigidly. It is currently payable regardless of the child’s situation and there is no practical discretion to waive it in exceptional circumstances. That means, as we heard earlier, that children in the care of a local authority still need to come up with the amount. The local authority can pay, effectively constituting a transfer from local government funds to the UK Government and removing money that would otherwise be spent on public services.

[Kate Green]

The hon. Lady raises the issue of fees under the new settled status scheme for EU nationals. Does she agree that applying the adult fee to those aged over 16 is completely incompatible with our understanding of what constitutes a child in every other legal context?

[Alison Thewliss]

I agree. This system of immigration is beset with contradictions and unfairness, and really needs a root-and-branch review to ensure that everyone gets a fair deal—my experience at my surgeries is that everyone certainly does not. It is also a hugely expensive system, as we have heard. Perhaps parents will prioritise applying for their own citizenship so that they can work and provide an income for their children—children who are entitled but whose parents cannot afford to access that entitlement—therefore impinging on children’s other rights and other household needs. I see many families, particularly those affected by the paragraph 322(5) highly skilled migrants situation, getting into huge amounts of debt by paying for lawyers and going through a complex, expensive and lengthy process, while all the time not being able to work or claim any other entitlements. That is hugely damaging to children, who are growing up in poverty because the Home Office’s immigration policies and the way in which it goes about its business put those families at such a detriment for such a long time.

[Sandy Martin]

Does the hon. Lady agree that not only is it hugely expensive to operate this complex system for the people trying to apply, or those who ought to be able to apply, but that it is also extremely expensive for the authorities and, in particular, for local authorities, with families getting into terrible trouble and requiring social care and homelessness help they would not otherwise have needed?

[Alison Thewliss]

I absolutely agree. A constituent of mine who is affected by the 332(5) situation is under threat of eviction and the Home Office cannot tell us when the review it has been promising us will conclude. In the meantime, the family is in limbo and I have to fight off the housing association that is trying to evict a mother and her children. That is absolutely appalling, and the lack of information is scandalous. It is high time the barriers were removed and the fees for children taken away, because they are a huge burden on families.

There is also an issue with the statistics. The power to use discretion was mentioned. I am not sure that we have the detail on the figures, and if the Minister provided that it would be incredibly useful. In response to written questions on children applying for British citizenship, the Secretary of State has stated that the figures can be found in the Home Office’s quarterly migration statistics. My office and I have looked at those statistics, and they do not contain disaggregated data regarding how many children are applying and how many are refused, and they contain no reasons for refusal. Indeed, the Home Office’s own statisticians say that they do not currently produce routine breakdowns of applications or refusals by applicants’ age. That obfuscation conceals the true value of the money that the Home Office gathers from the citizenship applications of children and how many children are stuck in the process.

On the good character requirement, which some of my constituents have had issues with, paying the fees and the associated legal costs and having a parent as a British citizen still does not guarantee that a child will be registered as a British citizen. Any child between the ages of 10 and 18 who applies for such registration is subjected to a good character test in exactly the same way as an adult. The decision regarding the test rests with a decision maker, guided by official guidelines and criteria, many of which are redacted. If a child has filled in their tax return promptly and has a clean driving licence, then any further decisions will be shrouded in mystery. That comes from the Home Office’s own guidelines on good character requirements and it should probably look at them because they are surreal. It makes no sense, and is hugely unfair, to treat often vulnerable children—children who have perhaps been through the care system or have got into trouble—in the same way as adults. The policy is arbitrary, not transparent enough and only serves as yet another barrier to the inclusion of children in society.

The potential of children is not to be found in this £1,012 fee. It should not be limited by that cost. We have no real route to citizenship in this country. We have a series of hurdles, barriers, loopholes and costs that cripple families in this country. Through the system, we are storing up problems with community cohesion, the creation of future Windrush situations and the lack of connection with children not afforded citizenship with the rest of society. They are set apart. They are not allowed the privileges that other children in their class are allowed. Does the issue sit within the Minister’s obligations under the UN convention on the rights of the child? Article 7 is the right to a nationality. If we are denying that right by creating barriers, are we fulfilling our duties under the convention?

Some jibes have been made about the Scottish National party defending British citizenship. We hope that some day we will have a Scottish citizenship, with an entitlement to fairness at its heart. We do not want to see people in terms of the fees we can charge them, but in terms of what they can contribute to our society and what they can enrich our society with. That is the core of all these things. People are coming to our country and being brought up in our country. If we choose to alienate them, rather than accepting them and nurturing them, we are storing up problems for society in the future.

--- Later in debate ---

[Caroline Nokes]

If the hon. Gentleman allows me to make some progress, I will turn to the points he made in his opening speech.

During 2017-18, about 64,000 people were granted indefinite leave to remain and 123,000 were granted citizenship. Of those granted citizenship, more than 28,000 were minor children who were registered and were related to a British citizen, or children granted citizenship on a discretionary basis. In all cases the applicants either paid the due fee or had that fee paid on their behalf, reflecting the value placed on permanent residence and citizenship in the UK.

The charging framework for visa and immigration services delivered £1.35 billion of income in the last financial year, 2017-18. That helped to fund more than £620 million of costs associated with other immigration system functions, helping to maintain their effectiveness and security, and investment in ongoing service improvement. Setting fees at above the cost of processing an application has also helped us to set some fees at below cost—for example, short-term visit visas, in recognition of the significant economic benefits that tourists and other visitors bring to the whole of the UK. The subsidy for the circa 2.5 million short-term visit visas issued each year costs in the region of £90 million per annum, which can be afforded only by setting a wide range of other fees.

Let me make one other obvious point: setting fees at the level that we do—putting the burden on those who benefit from the services—reduces the burden on the Exchequer and on the general taxpayers of this country. It is easy, particularly in opposition, to call for fees or taxes to be reduced, but a responsible Government must balance the books. The loss of income that would result from any reduction in fees would have to be made up elsewhere, and there have been rather fewer suggestions of how that might be achieved.

Turning to the nub of the issue, safeguarding the welfare of children has always been and will continue to be a priority for the Home Office that it takes very seriously, for the reasons raised by hon. Members. I am concerned by any suggestion that the current fee levels for child registration are putting children off from registering, or making it more difficult for those entitled to register to operate in our society when they reach adulthood. For that reason, I met the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East just before the summer recess. He was accompanied on that occasion by some of those involved in campaigning. I listened very carefully to what they said and undertook to reflect on the matter, which is exactly what I am doing.

The issue is also very much on the radar of my right hon. Friend the Home Secretary. A number of Members, including my hon. Friend the Member for Henley (John Howell), referred to the comments he made when he appeared before the Home Affairs Committee. I am sorry that I am not in a position to give a firm answer today, but that certainly does not mean that either the Home Secretary or I are ignoring the issue or have put it on the backburner.

I reassure the Opposition spokesman, the hon. Member for Manchester, Gorton (Afzal Khan), that we are working hard, but it is a complex issue and decisions cannot be taken in isolation. They must be taken in the round, taking into account any wider implications, for example on fees charged to other groups of applicants and the impact on the Home Office budget. I wholly rebut the suggestion that the Home Office is profiteering. In 2017-18, the total Home Office expenditure was £12.9 billion, which was funded by £10.5 billion from the Exchequer and £2.5 billion generated from income.

In due course, we will also need to consider the findings of the review of the borders, immigration and citizenship chargeable services by the Independent Chief Inspector of Borders and Immigration that will conclude later this year. I will update the House as soon as I am in a position to do so. In the meantime, the Home Office will continue to consider granting leave to remain to a child who has lived in the UK continuously for seven years, or to a young person who is over 18 but under 25 and has lived continuously in the UK for half of their life. Such leave gives the person concerned the right to live, study and work in the UK and the right, in appropriate circumstances, to receive benefits from public funds.

An application can be made to the Home Office for the fee to be waived when the applicant is making one of a set of specified human rights-based claims for leave to remain and when there are reasons why the applicant cannot meet the payment required. Those human rights-based claims include those that are relevant to a child who has been in the UK continuously for seven years. That will ensure that the Home Office meets its core requirements to safeguard children and ensure their welfare, but we are working on a proportionate response to the representations made on child citizenship fees and will announce the outcome as soon as is practical.

Hon. Members have raised a number of points regarding young people who might be unaware of the requirement to register, and what specifically can be done to improve their knowledge of that. We are considering what more can be done using different channels. I am very conscious that, as Members have mentioned today, our immigration system can be complex, particularly for those who do not have experience or knowledge of it from the outset. It is important that we improve our processes and introduce online application systems that are intuitive and enable people to work through the parts of the process that apply to them and bypass those that do not. I am conscious that, as has been mentioned, young people perhaps do not go to gov.uk as a first port of call. We have to focus on what more we can do to better reach out to them through channels that they might use.

The hon. Member for Glasgow Central (Alison Thewliss) raised a range of issues. At one point she sought to conflate British citizenship with the settled status process for EU citizens who are living in the UK that we have recently launched, and which is currently in its private beta testing mode. It is a crucial part of our commitment to EU citizens, and the fees for it were set in agreement with the EU. It is wrong to conflate EU settled status with British citizenship because many EU citizens might choose, both now and in the future, to apply for British citizenship in addition to their settled status.

The hon. Lady mentioned young people who might discover that they do not have the same ability to travel abroad as their classmates for school trips, which is important. The Home Office works closely with education authorities to help to establish length of residence and reaches out to schools and those organising school trips to make those applications possible. We are willing to work with other public bodies to help make those applications as easy as we can.

[Alison Thewliss]

With the timescales of school trips and that of the citizenship and ILR processes, children apply and are still waiting after the school trip has been and gone and they have missed out. It seems very difficult to influence that process to be able to say that there is a school trip. All the Home Office will say in reply is, “That’s too bad. You should have known you were going on a school trip beforehand. Don’t book any travel ahead.” Does the Minister agree that that is unfair for young people who will miss out when all their classmates go away?

[Caroline Nokes]

In my experience, I have not found school trips to be that spontaneous, particularly when they are abroad. Where Members find particular instances of young people who are seeking the ability to participate in school trips—I know many Members make representations on their behalf—I urge them to use the MP account management units, which can help. Of course, in extremis—we have seen Members use the technique very effectively—questions in the House and summoning me to account in Westminster Hall can work incredibly well.

The hon. Member for Glasgow East (David Linden), acting as spokesman for the Scottish National party, which is, as he said, a pretty brave shout with his hon. Friend, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East sat behind him, referred to immigration policy as one size fits all. Of course, we have a separate shortage occupation list for Scotland and, importantly, the Migration Advisory Committee has over the course of the last year or so been working on the impact of Brexit and labour movement, both on a sectoral basis and regionally. That is very important work and I look forward to the report coming forward very shortly.