Immigration and Nationality (Fees) Regulations 2018

Baroness Smith of Newnham Excerpts

Tuesday 12th June 2018 Lords Chamber

[Baroness Smith of Newnham (LD)]

My Lords, the noble Baroness suggested that the Government wanted people to take citizenship. We are talking about children. In what way does the increase in fee, which the noble Baroness, Lady Lister, has raised in her Motion to Regret, help any of the things that the noble Baroness says the Government aspire to?

[Baroness Manzoor]

My Lords, I have answered in my earlier comments exactly and precisely the question raised by the noble Baroness. I am conscious of pressing time and I want to deal with some specific points that have also been raised.

As I said, the decision to become a citizen is a personal choice, and it is right that those who make that decision should pay a fee. However, the legislation does allow for local authorities which are looking after children to pay a child citizenship fee if they believe it is in the child’s interests.

I shall respond to a few questions. The noble Baroness, Lady Lister, said that the Home Office needs to move much more quickly, and I can tell your Lordships that only last week the Immigration Minister met Solange Valdez-Symonds to whom she referred, to discuss this issue, which I think is an indication of the seriousness with which we treat this matter. I can say to the noble Baroness that caring and compassion about the welfare of children, as we have seen this evening, rests across the House, including on these Benches.

The noble Baronesses, Lady Lister and Lady Sheehan, the noble Lords, Lord Alton and Lord Russell, and other noble Lords, made some comparisons with Windrush. Just to be clear, Commonwealth citizens who arrived in the UK before 1973 had a legal right to be here then, and to stay here. There is not a comparison between the children we are talking about today and the Windrush generation.

I turn to a question raised by the noble Baroness, Lady Sheehan and the noble Lord, Lord Alton, that the Government are making a profit from children in care. I cannot agree with that, and I totally refute the allegation that has been made. Those in care can qualify, as I said, to receive indefinite leave to remain, and are exempted from paying the fee. Local authorities may also pay their citizenship fee, where appropriate, as I have said. Those who are not in care and who meet the destitution criteria receive limited leave to remain free of charge. The normal period of leave to remain for those applications is 30 months, but there is discretion to grant a longer period of leave and to grant indefinite leave to remain immediately, where appropriate and where it is clearly sought.

We have in place legislative safeguards to ensure that children have access to education and health services, and that they are supported with access to accommodation and living needs if these cannot be provided by their parents. These safeguards apply to all children, irrespective of their immigration status. Limited leave to remain, based on a child’s private life or other human rights grounds, confers legal resident status and allows access to higher and further education, training and employment opportunities.

Time is moving on, and I hope that that has captured some of the issues that were raised. In conclusion, as I said at the start of my remarks, this has been an excellent debate, with informed contributions from all sides. I repeat my thanks to the noble Baroness, Lady Lister, for having given your Lordships the opportunity to discuss this important topic. As I sought to demonstrate, the Government are deeply committed to the welfare of children who come into contact with the immigration system, and the numbers that I cited earlier provide strong evidence of that. We set fees at a level designed to minimise the burden on the taxpayer. As I have said, there is the capacity to waive fees for those who most need it. The Government will continue to honour their international obligations in respect of children and ensure that those children who are here are treated fairly and humanely.

Like the Home Secretary, I understand the issue and care about it passionately. I have heard very clearly the strength of feeling on this matter expressed by your Lordships this evening about children. Of course, I will ensure that the message is transmitted to the Immigration Minister and the Home Secretary.