Immigration Bill

Baroness Doocey Excerpts

Tuesday 15th March 2016 Lords Chamber

Moved by

[Baroness Doocey]

79: After Clause 43, insert the following new Clause—
“Ability to pay the immigration health surcharge incrementally
In section 38 of the Immigration Act 2014 (immigration health charge), in subsection (3)(c), after “State” insert “, including allowing the surcharge to be paid in multiple payments”.”

[Baroness Doocey]

My Lords, I will also speak to Amendment 80 in my name. Amendment 79 provides for health surcharges levied on non-European Economic Area migrants to be payable in instalments. The annual £200 charge for every adult and child came into effect last April and is payable upfront for the whole period of a visa whenever one is renewed. Since leave to remain, if granted, is normally for two and a half years, the upfront fee payable is £500 per person. The health surcharge comes on top of breath-taking application fees that will rise this Friday from £649 to £811 per person—a huge increase of 25%. To illustrate this, a mother of three will need to find £3,244 for the application fee plus a further £2,000 for the upfront health charge for the period of the visa. Families unable to pay these eye-watering sums cannot renew their visa and are faced with a stark, heartbreaking choice: find the money or face destitution or deportation. That is some choice.

In Committee, the Minister had three reservations about my simple, humane plan to avoid vulnerable people placing themselves in debt or poverty to pay the Home Office. He said:

“Upfront payment of the full amount … is … far simpler than requiring migrants to make multiple payments”.

Yet the provisions of the amendment need apply to only a small number of cases where the migrant simply does not have the resources to pay upfront. These cases could be the exception rather than the rule. The Minister also said:

“It would be difficult, complex and costly … to enforce payment of the charge once the visa had been issued”.

I simply do not accept that because the Home Office could make the granting of the migrant’s leave to remain subject to and conditional upon the fees for the previous leave to remain having been paid in full according to any agreed payment schedule. The Minister’s third concern was that:

“If you offered interest-free credit in the commercial world … most people would take advantage of it”.—[Official Report, 1/2/16; cols. 1613-14.]

Could the Minister name any other service for which he or anyone else would expect to pay fees two and a half years in advance? He cannot justify driving people into the arms of loan sharks and payday lenders just to make the Government’s life simpler. He must surely see the case for at the very least annualising these payments.

Amendment 80 seeks to extend the categories of migrant exempted from the health charge to include those who have fled domestic violence, and dependent children. The Minister recently visited the Cardinal Hume Centre and saw first-hand the outstanding work it does with migrants with little money who are trying to navigate the law. He heard about one client the centre helped: a mother of four children who works for the NHS. She did not have the £5,700 to pay the admin and health fees for herself, her husband and her four children, so first she got an overdraft and then she borrowed the remainder of the money. She now faces crippling debt and is saddled with not just that debt but also the stress of knowing that in 30 months she must find even more money because the fees will have increased when the family need to reapply for their visas. Her case demonstrates that the fee-waiver system available for migrants unable to pay is simply not working. The Minister saw for himself a number of examples of this on his visit.

Of course, the position of these people who have fled domestic violence is even worse. They face an invidious choice between borrowing the money to pay the fees or returning to their abuser. The existing exemption for victims of domestic abuse is far too narrow as it protects only people with British spouses. I hope that the Government can prove their compassion this afternoon by making a positive response to both these amendments, including giving an assurance that they will at least review the operation of the fee-waiver system. I beg to move.

[Lord Alton of Liverpool]

My Lords, I support the noble Baroness, Lady Doocey, who introduced Amendments 79 and 80 with her customary conviction and compassion. She made an extremely eloquent case in their favour but also illustrated them with a poignant and vivid example from her visit to the Cardinal Hume Centre. Having spoken in Committee to urge the Minister to visit that centre with the noble Baroness, I pay tribute to him for going there and seeing it first-hand. I know how much the centre appreciated that.

Incremental payments would be a huge step forward for families that find themselves trapped—the sorts of families that the noble Baroness described in her remarks. Migrants such as those at the Cardinal Hume Centre are not trying to cheat the system or avoid paying the fees to remain. They recognise that there are rules they must adhere to and that they must pay the charges. In fact, those who can will indeed save for the visa application fee. However, the burden of having to source the necessary funds to pay upfront the application fee and the health surcharge—which many are still unaware exists—is unsurmountable for many of those involved, especially families.

--- Later in debate ---

[Baroness Doocey]

My Lords, first, I thank all noble Lords who have spoken on this amendment. Much as I admire and respect the Minister, I certainly do not think that he has moved very far, let alone come some way. However, perhaps I could deal with the various bits in the amendments.

On Amendment 79, I am very disappointed that the Government are unable or unwilling to introduce a system whereby some migrants could be allowed to pay in instalments. I am totally unconvinced by the argument that it would be difficult to set up and monitor a system. Almost every company in every country in the world has such a system. It is simple IT, not rocket science, so I simply do not buy that argument at all.

The Minister’s explanation of why the Government will not extend the exemptions for domestic violence is, to me, probably the most awful thing that I have heard today. I have absolutely no doubt that this provision will force some people either to use loan sharks or back into the arms of their abusers. This is certainly not what either of us wants and it is dreadful.

The Minister made a point on the fee waiver about people needing to be destitute. He will remember that, when we were at the Cardinal Hume Centre, one of the cases mentioned was that of a man who had been homeless for two years, but the Home Office would not accept that somebody who had been homeless for two years and was living on the streets was destitute. If that is not destitution, I do not know what is. As the Minister so rightly said, the Cardinal Hume Centre does not have stars in its eyes when people come in; it makes checks and is very careful to make sure of the facts. I am speaking from memory, but I think that it had letters from two separate charities, confirming that this man was destitute. Yet despite giving that evidence to the Home Office, he was not accepted as destitute.

I am concerned that, although the Minister has seen evidence of the current operational problems with the fee waiver system, he has been disappointingly unclear as to what the Government are going to do to improve that system. I would really like to discuss this further with the Minister between now and Third Reading but, for now, I seek leave to withdraw the amendment.

Amendment 79 withdrawn.