Asylum
Caroline Nokes Excerpts(5 years, 8 months ago)
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The Minister for Immigration (Caroline Nokes)
The United Kingdom has a proud history of providing an asylum system that protects and respects the fundamental rights of individuals seeking refuge from persecution. This system includes supporting asylum seekers who would otherwise be destitute while their asylum claim is assessed. I am grateful for the attention Members of this House, including the Home Affairs Committee, have given to this matter.
I have always been clear about this Government’s commitment to ensuring service users are provided with safe, secure and suitable accommodation and are treated with dignity and respect. I have listened to the concerns of local authorities and have reinforced my commitment to working in partnership with them in this area. I am also mindful of this Government’s commitment to provide value for money for the taxpayer. Today I am pleased to inform the House that we have procured contracts for asylum accommodation and support to deliver on each of these commitments.
New contractual arrangements will be put in place in September of this year.
Initial accommodation, dispersed accommodation, transport and associated support services will be managed as integrated services on a regional basis.
Clearsprings Ready Homes has been awarded the contracts in the south of England and Wales;
Mears Group has been awarded the contracts in Northern Ireland, Scotland and the north-east, Yorkshire and Humber region; and
Serco has been awarded the contracts in the north-west of England, and the midlands and east of England regions.
Advice, issue reporting and eligibility assistance services will be integrated into a single, nationally operated end-to-end service; the contract for these services has been awarded to Migrant Help.
The contracts were designed after extensive engagement with local government, non-governmental organisations and potential providers. The contracts offer a number of improvements on the current arrangements to make them more sustainable and include changes to improve the customer journey and conditions for service users, addressing many of the recommendations in the Home Affairs Committee’s reports on asylum accommodation. In particular, the contracts will:
Provide assistance to asylum seekers to apply for support and throughout their time in the accommodation and support system.
Require accommodation providers to develop close working relationships with local authorities, liaise and consult with local authorities on the location of properties and share appropriate information with them.
Require providers to establish working relationships with the voluntary sector and local community-based support organisations and networks in order that they can signpost SUs to local services.
Set clear requirements for the standards of the accommodation that meet the standards used for social housing across the UK.
Require providers to have proactive maintenance plans and to regularly inspect and report on the findings of the inspections of their accommodation.
Provide service users with a single point of contact, independent from accommodation providers and the Home Office, to report issues with their accommodation and to provide advice in relation to their support throughout the whole process.
Set clear timescales within which repairs must be made, with a clear escalation process for service users.
Enhance the approach to safeguarding through a range of measures including improved health screening and support in registering with a GP, improved safeguarding training and awareness of staff, the provision of more adapted rooms for service users with specific needs, and the provision of face-to-face advice and support for those who need it.
Ensure that service users receive clear induction materials to help them settle into their initial accommodation and dispersed accommodation in local areas. This will seek to ensure a better understanding of the support that is being provided as well as how to navigate services in local communities.
Support service users into mainstream services if they are granted asylum or to return to their home country if are refused.
Gather feedback from service users about their experience of accommodation and support to monitor provider performance and improve the services that are provided.
Following the award of the contracts today, the Home Office will work closely with the providers to mobilise the contracts and transition services users to the new arrangements. We will communicate directly with our services users and stakeholders to ensure they are aware of the changes and how they will affect them.
We will be working extremely closely with local authorities to ensure a smooth transition and will be involving them ever more closely in the operation of the new contracts as they go live.
[HCWS1237]
European Union JHA Opt-in Decision: Asylum, Migration and Integration Fund 2121-27
Caroline Nokes Excerpts(5 years, 8 months ago)
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The Minister for Immigration (Caroline Nokes)
The Government have decided not to opt in, under the UK’s JHA opt-in protocol, to a proposal establishing an asylum, migration, and integration fund (AMIF) 2021-27.
The intended fund would not come into operation until the start of the next multiannual financial framework (2021), after the UK has exited the European Union and after the end of the proposed implementation period. As such, the UK would not be able to benefit from the fund as a member state.
Until the UK leaves the EU it remains a full member, and the Government will continue to consider the application of the UK’s opt-in to EU legislation on a case by case basis, with a view to maximising our country’s commitment to protecting and enhancing our ability to control immigration.
[HCWS1235]
Immigration: Children
Caroline Nokes Excerpts(5 years, 9 months ago)
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The Minister for Immigration (Caroline Nokes)
The Government remain committed to relocating the specified number of 480 unaccompanied children to the United Kingdom under section 67 of the Immigration Act 2016, commonly known as the “Dubs amendment”. The first 220 of those children arrived under exceptional circumstances as part of the UK’s comprehensive support to the clearance of the Calais camp from October 2016. During this time, this Government took unprecedented action to remove vulnerable children from a dangerous situation where they were at risk of violence and abuse.
Following discussion with delivery partners, we have decided to remove the date criterion for when children had to have arrived in Europe to qualify for transfer to the UK. Delivering section 67 in a safe way, which respects individual states’ national laws and the best interests of children, remains a priority for the Government.
This decision means that participating states—France, Greece and Italy—will now be able to refer the most vulnerable children, regardless of when they arrived into Europe. To be eligible for the scheme, it must be in the child’s best interests to come to the UK, rather than to remain in their current host country, be transferred to another EU member state or to be reunited with family outside of Europe. We continue to ask participating states to prioritise unaccompanied children who are most likely to be granted refugee status and/or are the most vulnerable.
It is this Government’s hope that removing the date criterion will speed up transfers and will enable participating states to more easily identify children for transfer as soon as possible. We are grateful for the ongoing support to meet this commitment from the Governments of participating states, delivery partners and UK local authorities. Ensuring the safe relocation of children under the scheme as soon as possible is dependent on appropriate care placements being available for children once they arrive in the UK. The Home Office continues to work closely with local authorities across the UK to place children as quickly as possible and in a location where their individual care needs can be met.
[HCWS1255]
EU Settlement Scheme
Caroline Nokes Excerpts(5 years, 9 months ago)
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The Minister for Immigration (Caroline Nokes)
The Secretary of State for the Home Department, my right hon. Friend the Member for Bromsgrove (Sajid Javid) is today laying before Parliament a statement of changes in immigration rules [HC 1849] , copies of which are available in the Vote Office. The changes implement the next phase of the roll-out of the EU settlement scheme, for resident EU citizens and their family members to obtain UK immigration status. The immigration rules for the scheme came into force on 28 August 2018, for the purposes of an initial private beta test phase, involving 12 NHS trusts and three universities in north-west England. This successfully proved some key elements of the scheme in a live environment, and we published a report on its findings on 31 October 2018.
A second, expanded private beta phase began from 1 November 2018 and will end on 21 December 2018. This has tested the online application process as an integrated, end-to-end process. It has been available, on a voluntary basis, to staff in the higher education, health and social care sectors across the UK, and to some vulnerable individuals, being supported by a small number of local authorities and community groups, in order to test the operation of the scheme for those with support needs.
We will publish a full report on the second private beta phase in January 2019. However, the initial findings from this phase have been positive. By 13 December 2018, more than 15,500 applications had been made and more than 12,400 of these had been concluded, enabling the new system and applicant interaction with it to be tested at scale: 71% of the concluded applications were granted settled status, with the rest granted pre-settled status, and many received their decision within 24 hours; 77% of applicants who provided feedback said that they found the online application process easy, or fairly easy, to complete. More than 90% of applicants successfully used the identity verification app to prove their identity remotely, with the rest required to submit their identity document by post.
We have also learned lessons from this second private beta phase which have enabled further improvements to be made. These include improved functionality in respect of how an applicant verifies their email address; an increase in the size of files an applicant can upload, should they need to provide supporting evidence; and updates to the caseworking system.
In light of the successful testing of the online application process during the private beta phases, we have decided to proceed, as planned, with the start of the wider public implementation of the EU settlement scheme from 21 January 2019. From that date, the scheme will be available to resident EU citizens (and their EU citizen family members) with a valid passport, and to their non-EU citizen family members holding a valid biometric residence card, so that they can prove their identity remotely using the identity verification app, which is an integrated part of the online application process.
We currently anticipate that the further implementation of the EU settlement scheme will be secured through further immigration rules changes to be laid before Parliament in early March 2019, so that the scheme will be fully open by 30 March 2019.
[HCWS1226]
Justice and Home Affairs Council
Caroline Nokes Excerpts(5 years, 9 months ago)
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The Minister for Immigration (Caroline Nokes)
The final meeting of EU Interior and Justice Ministers during the Austrian presidency took place on 6 and 7 December in Brussels. I represented the UK for Interior day. The Lord Chancellor and Secretary of State for Justice, my right hon. Friend the Member for South West Hertfordshire (Mr Gauke), represented the UK on Justice day. Scottish Government Minister for Communities, Ash Denham MSP, also attended.
Interior day began with the Council agreeing a partial general approach on the amendments to European border and coast guard regulation. The presidency concluded that further discussion was needed on the numbers of border guards in the European border and coast guard standing corps, as well as in relation to issues of national sovereignty related to deployments. Member states also expressed concerns over aligning capacity with finances. The Immigration Minister did not intervene as the UK does not participate in this Schengen-building measure.
The Council also discussed the returns directive. Member states expressed significant differences of opinion on detention while a claim was processed and on clarity as to the risk of absconding. The Commission encouraged member states to finalise this file by the end of the legislature. The UK does not participate in this measure.
The Council then discussed the regulation on preventing terrorist use of the internet. Several member states were not able to support the text due to the regulation’s conflict with their own national constitutions and concerns on the balance between the removal of content and fundamental rights. Some member states sought further consideration of the measure. However, the presidency concluded support for a general approach, judging the proposal to be a good and responsible compromise text. The Immigration Minister intervened to support the general approach, emphasising the importance of this legislation in tackling terrorist content online. The presidency stated that it would seek to address various points of concern in future trilogue negotiations.
The Commission urged member states to finalise those proposals of the common European asylum reform package where agreement was in reach. However, in discussion over lunch, member states remained split on the issue of solidarity and burden sharing. The Immigration Minister intervened to emphasise the importance of the comprehensive approach to migration, and specifically on the issue of developing more sustainable general solutions to tackle migratory flows, including tackling the drivers of migration.
After lunch, the Council approved an action plan to tackle migrant smuggling.
The Council then discussed JHA priorities for the 2021-27 MFF. The EU JHA agencies set out their priorities. The UK did not intervene as these programmes will commence after the UK’s exit from the EU and the end of the envisaged implementation period. The UK will, therefore, not be participating in any future programmes as a member state.
On Justice day, the Council reached a general approach on the sale of goods directive. There was a wide divergence of views on the value of maximum harmonisation of law to set common contractual requirements for consumer purchases by consumers. The UK and other member states argued for the maintenance of member states’ flexibility to guarantee higher levels of consumer rights. Member states expressed desire to continue the discussion on this issue during the trilogues with the European Parliament.
The Council also reached a general approach on the recast of Brussels IIa regulation on family matters and parental responsibility. The Justice Secretary welcomed the text, as well as the presidency’s work to accommodate UK concerns on the hearing of the child. He also noted UK ambition for civil law co-operation after our EU exit, which elicited positive statements from member states not just on family co-operation, but across civil law, and on future security co-operation.
The Commission and the presidency noted progress on the assignment of claims directive at working level, which deals inter alia with the third-party effects on assignments of claims. Member states cautioned that the directive should be careful not to disrupt existing and functioning market systems.
The presidency, supported by the Commission, sought to reach a general approach on e-evidence, about law enforcement access to data held by communications service providers. A number of member states voiced strong opposition to the text on the basis that it did not adequately protect member states’ fundamental interests nor the fundamental rights of citizens.
The presidency concluded there was enough support for a general approach and the measure would proceed to trilogues where further discussions would aim to resolved other member states’ concerns.
The Commission indicated that they will finalise the draft negotiating mandates for the second additional protocol to the Budapest convention and for discussions with the US.
On data retention, the presidency updated on continuing working level discussions on the preservation of law enforcement capabilities and other public authority tools that would also meet the requirements of recent, stricter CJEU case law. The Commission noted that it would be difficult to restrict data retention to certain persons or geographic areas but nonetheless proposed to undertake additional targeted consultation. Member states called on the Commission to ensure continued attention to data retention in the future, noting likely developments in CJEU case law expected in 2019.
The Council adopted conclusions on mutual recognition, mutual trust and the principles underlying mutual recognition instruments such as the European arrest warrant. The Justice Secretary underlined UK commitment to future co-operation with the EU on this basis to enable continued joint working to tackle the challenges of transnational crime.
The Commission updated Ministers on significant progress made in answering points raised by the CJEU on EU accession to ECHR. It was agreed that amendments to the draft accession agreement would be strictly limited to what was required by the Court. The importance of accession was highlighted as a priority for the EU and its citizens and swift resolution encouraged.
[HCWS1189]
Immigration
Caroline Nokes Excerpts(5 years, 9 months ago)
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The Minister for Immigration (Caroline Nokes)
The Government are committed to making it easier for lawful residents to demonstrate their right to work in the UK, and to strengthening the support we provide to employers when complying with the provisions in the Immigration Asylum and Nationality Act 2006 to avoid employing illegal workers.
In April this year, the Home Office launched a new online checking service. This service enables UK employers to check the current right to work, in real time, of a person who holds either a biometric residence permit or a biometric residence card, and to see whether they are subject to any restrictions.
The system works on the basis of the individual first viewing their own Home Office right to work record. They may then share this information with an employer if they wish, by providing their employer with a “share code”, which can be used to access the record. This authorisation represents an important safeguard and means employers will only view an individual’s information having received their consent and the share code allowing their access.
We have worked closely with UK employers and with users of the service in developing this new system, which has been operating effectively to provide employers and migrants with additional assurance where used to support right to work checks.
In order for employers to actually rely on the new online service to discharge their legal responsibilities under illegal working legislation, it is necessary to amend the Immigration (Restrictions on Employment) Order 2007 to properly integrate the service into Home Office legislation which stipulates the checks employers should conduct to avoid a penalty for employing an illegal worker. These checks are currently largely predicated on a face value examination of a physical document.
Today we have laid before Parliament the Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018, in accordance with the 2006 Act, together with a revised code of practice, which provides that employers will be able to rely on an online check from the end of January 2019, where a prospective employee has an immigration status that is compatible with the online checking service (holders of biometric residence permits or cards, and those with online immigration status).
From the end of January 2019, employers will be able to request either the online check or the existing document-based check. Online checks will therefore be a voluntary option while migrants and employers develop familiarity with the new service and take up becomes more prevalent.
The online checking service has also been developed to enable EU migrants granted leave to remain under the EU settlement scheme to view their status and to share it with employers and other service providers where appropriate. Current arrangements, under which EU citizens can demonstrate their right to work in the UK by producing their national passport or identity card, will continue after the UK leaves the European Union and for the entire duration of any implementation period. However, with the latest development, EU nationals may alternatively choose to rely on online status issued following a successful application to the EU settlement scheme, by using the online service to share their right to work with their employer. Further detail on the future immigration system will be set out in a White Paper shortly.
The Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018 also seeks to amend the list of documents which demonstrate a right to work, to remove the requirement that a British birth or adoption certificate must be the full certificate for these purposes. The intention is to make it easier for British citizens who do not hold a passport to demonstrate their right to work, using a short birth or adoption certificate with a national insurance number.
In addition to the order, we have also laid the Licensing Act 2003 (Personal and Premises Licences) (Forms) (Amendment) Regulations 2018. The regulations make consequential amendments to prescribed licence application forms to reflect changes to the order.
Successive UK Governments have introduced measures to tackle illegal working which represents the principal pull factor for illegal immigration to the UK, and the 2018 order underscores our commitment to improve the necessary system of checks for employers and workers alike. I would be happy to arrange a demonstration of the new online service for hon. Members.
[HCWS1181]
Immigration Rule Changes
Caroline Nokes Excerpts(5 years, 10 months ago)
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The Minister for Immigration (Caroline Nokes)
The Secretary of State for the Home Department, my right hon. Friend the Member for Bromsgrove (Sajid Javid), will shortly be laying before the House a statement of changes in immigration rules.
The Government are clear that entrepreneurs play a key role in creating jobs and driving economic growth, which is vital to the prosperity of the UK. In June of this year, we announced a new start-up visa route. This will build upon the successes of the current tier 1 (graduate entrepreneur) route, expanding it to ensure that the UK can benefit from a wider pool of overseas talent looking to establish new businesses in the UK. Applicants will be endorsed by either a business or higher education institution sponsor.
We are announcing that we will build on this offer further by introducing a new innovator route, for more experienced business people. This will replace the current tier 1 (entrepreneur) route and have a similar emphasis on endorsement by a business sponsor, who will assess applicants’ business ideas for their innovation, viability and scalability.
Alongside this, we will reform our tier 1 (investor) route.
These reforms will be introduced in the spring and will ensure the UK remains a world-leading destination for investment and innovation. We will shortly be publishing a statement of intent setting out the details of how the reformed routes will work and I will place a copy in the Library of the House.
We are also introducing wider changes through these immigration rules which demonstrate our commitment to supporting talented leaders in their fields, and promising future leaders, coming to the UK under the tier 1 (exceptional talent) route. The changes will expand this route to provide for a route of entry for leading architects endorsed by the Royal Institute of British Architects, under the remit of Arts Council England (ACE). This change builds upon other reforms to the route earlier this year, including doubling the number of places available, providing for faster settlement to existing leaders in their fields endorsed under this route, and expanding the route to leading fashion designers, also endorsed under the remit of ACE. We will continue to work closely with our partners in this route to attract more leading international talent to the UK.
More broadly, the changes also include a number of minor, more technical changes to our tier 1 and tier 2 routes for highly skilled workers. These changes will be made to ensure the immigration rules remain up-to-date and for consistency purposes.
The Government greatly value the roles played by our charities and religious institutions and those who wish to come to the UK to contribute to these organisations are extremely welcome. However, there are some issues with the routes as they currently operate.
Our immigration system makes specific provision for both ministers of religion and those coming as religious workers. This distinction between the two roles reflects the importance we place on our faith leaders speaking English to a high standard, while at the same time still permitting other members of religious communities to contribute to the UK in non-pastoral roles.
While it is not the intention of the tier 5 religious workers route, our current rules could permit religious workers to perform roles, that include preaching and leading a congregation, without first being required to demonstrate that they speak English to an acceptable standard. To address this, we are prohibiting tier 5 religious workers filling roles as ministers of religion and direct them instead to do so through the correct tier 2 minister of religion sub-category. This will require ministers of religion to demonstrate a strong command of English and ensure they can interact with the community around them.
The tier 5 arrangements for religious workers and charity workers have always been intended to provide for only limited periods of residence in the UK of up to two years. We have however seen instances of migrants in these categories repeatedly applying for consecutive periods of leave, in effect achieving ongoing residency in the UK. We will therefore introduce a “cooling off period”, preventing tier 5 religious worker and tier 5 charity worker visa holders from returning to the UK, via these immigration routes for 12 months after their visa expires. This change ensures that we will continue to welcome those coming to make a contribution to our religious and charity organisations, while at the same time underpinning the Government’s intention that these are temporary routes.
On 6 September the Home Secretary issued a written ministerial statement (HCWS940), Official Report, column 15WS, announcing the introduction of a new pilot scheme for 2019, enabling non-EEA migrant workers to come to the UK to undertake seasonal employment in the horticultural sector. These amendments will set out the legislative framework for introducing this pilot.
This small-scale pilot will test the effectiveness of our immigration system at alleviating seasonal labour shortages during peak production periods, while maintaining robust immigration control and ensuring there are minimal impacts on local communities and public services.
The organisations chosen to fill the role of scheme operators for this pilot have been selected following a fair and open selection process, undertaken by the Department for Environment, Food and Rural Affairs.
The formal date of implementation for this pilot will be announced in due course.
[HCWS1159]
Oral Answers to Questions
Caroline Nokes Excerpts(5 years, 10 months ago)
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Antoinette Sandbach (Eddisbury) (Con)
The Minister for Immigration (Caroline Nokes)
The Home Office is putting in place a range of support for EU citizens applying to the EU settlement scheme, particularly for those who are most vulnerable. This includes assisted digital support for those unable to make online applications, a new customer contact centre and indirect support to be provided through organisations such as community groups and charities.
Stephen Kerr
I am of course pleased that the Minister has made clear the Government’s commitment to European Union citizens living here, particularly because there are parties in this House who have spread fear and alarm among EU citizens by questioning the Government’s commitment to their status. Does the Minister agree that those Members who spread fear and alarm should set the record straight and reassure those in our communities who are from the EU that their rights are guaranteed?
Caroline Nokes
My hon. Friend is right to point out the importance of sending a message of reassurance to EU citizens living here not only that they can stay but that we want them to stay and are taking steps through our settled status scheme to enable them to do so through a straightforward online digital process. I am sure my hon. Friend will welcome the fact that 95% of the people who have been through the first phase of beta testing of the settled status scheme found it very straightforward to use.
Antoinette Sandbach
Some EU countries, including the Netherlands, have restrictions on holding dual nationality, which is leading to some Dutch citizens here having to choose between a UK or Dutch passport. What can the Minister do to reassure the Dutch diaspora in the UK that Brexit will not have an impact on their rights? Is she reaching out to her European counterparts to see what progress can be made in persuading other member states to loosen their restrictions?
Caroline Nokes
The UK allows individuals to hold other nationalities alongside their British citizenship, and those with dual nationality already have the right of abode here and do not need to do anything. EU citizens do not need to obtain British citizenship to protect their status and can remain here indefinitely by applying to the settled status scheme, so there is no need for them to relinquish their current nationality. However, my hon. Friend makes a good point about reaching out to other EU member states. It is important that we continue that work, because they are vital partners when it comes to spreading the message to the diaspora communities about their right to stay.
Kate Green (Stretford and Urmston) (Lab)
The Roma are still among the most marginalised EU citizens in this country. Will the Minister say what special steps the Government are taking to reach out to Roma support groups to encourage their citizens to apply for settled status and to support those who have digital or English-language difficulties?
Caroline Nokes
In October, we announced £9 million of grant funding to charities and other organisations so that they may assist people, particularly those in vulnerable groups, through the process of applying for settled status in this country. We want to ensure that the maximum number of people apply and that those requiring the most support can access it easily via assisted digital services or, in exceptional cases, face-to-face support. It is important that we acknowledge that many groups may face challenges, which is why the Government have made £9 million available to help.
John Cryer (Leyton and Wanstead) (Lab)
Given the likely large number of applicants, has the Minister considered allocating specific funding to Citizens Advice?
Caroline Nokes
As I mentioned in my previous answer, we are providing up to £9 million of grant funding, which will be made available to civil society organisations to mobilise services targeted at vulnerable EU citizens. We already work with a group of organisations, including local councils, to help them to help their residents, but the scheme will be open to applications from bodies exactly like Citizens Advice, and I hope that many such organisations will be prepared to play their part in helping citizens.
Daniel Kawczynski (Shrewsbury and Atcham) (Con)
This country benefits enormously from the one million Poles who have settled on our island. Will the Minister assure me that she will do everything possible to engage with the Polish community in London? Perhaps she will join me at one of the Polish clubs, such as Ognisko or POSK, to take the message directly to the citizens?
Caroline Nokes
Interestingly, one of my first meetings after becoming Immigration Minister was with the Polish ambassador. We recognise that many Polish citizens live in this country, and working through the embassy and with the diaspora community is one of the best ways of reaching out to them. I would be delighted to take up my hon. Friend’s invitation and shall very much look forward to it.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
Statistics from the British Medical Association suggest that nearly four in 10 NHS doctors from the EU are blissfully unaware of the Government’s settled status scheme. Does the Department not need drastically to up its game in raising awareness and ensuring that as many of those who need to apply do apply?
Caroline Nokes
We are already piloting the settled status scheme, and we have established a significant database of EU nationals with whom we correspond regularly via email through Home Office communications channels. Employers also have an enormous role to play. The hon. Gentleman highlights people working in the NHS, so I am delighted to inform him that NHS trusts are reaching out to their employees and working hand in hand with us through the second phase of piloting the settled status scheme.
Conor McGinn (St Helens North) (Lab)
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
The Minister for Immigration (Caroline Nokes)
I thank the hon. Gentleman for his question, which I know he raised at the Home Affairs Committee last week and again with me in Westminster Hall last week. Both the Home Secretary and I have undertaken to raise that with the Chancellor, who is obviously, as the hon. Gentleman will have noticed, on the Front Bench this afternoon.
Will Quince (Colchester) (Con)
Last month, I attended the Centre for Action on Rape and Abuse “Reclaim the Night” march in Colchester, along with hundreds of my constituents, in protest against sexual violence against women. What steps is my right hon. Friend taking to ensure that the police have the resources they need both to prevent these crimes and to bring those who commit these horrific offences to justice?
Emma Hardy (Kingston upon Hull West and Hessle) (Lab)
The Home Office asylum guidance for Afghan Sikhs is in desperate need of updating. I genuinely fear for the life of Afghan Sikhs sent back to Afghanistan because of the dangerous situation facing the Sikh community there. I am sure that the Minister is aware of the murder of 12 Sikh leaders only this July. Will she please meet me and Afghan Sikh representatives to discuss updating the Home Office guidance?
Caroline Nokes
I thank the hon. Lady for the question. She makes a really important point, particularly in the light of the murder of 12 Afghan Sikhs back in the summer. I would of course be delighted to meet her, and will make sure that my office makes the necessary arrangements.
Owen Smith (Pontypridd) (Lab)
Will the Home Secretary intervene personally in the case of my constituent Mariya Kingston, who has been in dispute with the Home Office for two years? Her mother died on Friday, and she would like to attend the funeral in Uzbekistan. Will the Home Secretary please facilitate that?
EU Settled Status Scheme
Caroline Nokes Excerpts(5 years, 10 months ago)
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Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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The Minister for Immigration (Caroline Nokes)
It is a pleasure as ever to serve under your Chairmanship, Mr Hollobone. I add my congratulations to those of other hon. Members to my hon. Friend the Member for Boston and Skegness (Matt Warman) on having secured this important debate on the EU exit settlement scheme. My hon. Friend has raised this with me previously in the House, and I recognise his particular constituency interest, with the population of Boston and Skegness having increased by one third.
I would like to thank Members from both sides for their contributions to the discussion today and to put firmly on the record how much work has gone into the EU settlement scheme. It is a good news story that the scheme is open for private beta testing well ahead of EU exit day.
EU citizens make a huge contribution to our economy and communities. It is not just that they can stay, but that we want them to stay. Since the 2016 referendum, there has been a great focus by the Home Office on securing citizens’ rights and delivering the scheme so that EU citizens can obtain their UK immigration status quickly and easily.
Members will know that in December 2017 we reached a deal with the EU on citizens’ rights. In March 2018 we agreed to extend that deal to those who arrive during the planned implementation period, which will run until 31 December 2020. The full legal text of the draft withdrawal agreement, published on 14 November, secures the rights of more than 3 million EU citizens living in the UK and around 1 million UK nationals living in the EU.
The scheme we have been discussing today enables those who are resident in the UK before the end of the planned implementation period to obtain UK immigration status in a straightforward process. Anyone who already has five years’ continuous residence in the UK when they apply under the scheme will be eligible immediately for settled status. Those who have not yet reached five years’ continuous residence will be eligible for pre-settled status and will be able to apply for settled status when they reach the five-year point.
The scheme is a simple and streamlined application process, which draws on existing Government data and processes to minimise the burden on applicants. Caseworkers will be looking for reasons to grant, not for reasons to refuse. We expect the great majority of the 3.4 million currently resident EU citizens who will be eligible to apply to do so and to be granted status. They will have plenty of time to apply before the deadline of 30 June 2021.
I would like to give some feedback on the first pilot of the private beta testing phase that we ran in the north-west of England, which has now finished, with excellent feedback from participants. Some 1,053 applications were received, with a decision now granted in 1,046 cases, which were dispatched by 19 November.
Matt Rodda
I appreciate the Minister’s comments about the testing phase. Will she agree to meet me and a selection of constituents with EU nationality who have concerns about the scheme, as part of the feedback?
Caroline Nokes
I thank the hon. Gentleman for that question. Throughout my time as Immigration Minister, I have always been pleased to meet as many interest groups as possible, so I will be delighted to meet him and some of his constituents. I would like to reassure him that I also have a constituency in the south-east of England and regularly meet my own constituents, who raise their concerns with me, and understandably so. Since the referendum, it has been a time of uncertainty and upheaval for some people, and it is important that the Government make ourselves as accessible as possible, so that we can give a reassuring message to our residents.
Drew Hendry
I hear what the Minister says about making the message as encouraging as possible, but does she agree that when language is used, either deliberately or lazily, saying that EU nationals are “jumping the queue”, it sets back that objective quite considerably?
Caroline Nokes
The hon. Gentleman will be aware that we are moving forward shortly with a new immigration system. Sometimes it can be very frustrating in the Chamber, because we end up on time limits and with either the Chair of a debate or the Speaker urging us not to take up too much time, but I am always very conscious in the language that I use that we must be welcoming, careful and tolerant. Immigration is an emotive and difficult subject, and I always regret it when my time limit means that I speak in what I refer to as tabloid headlines, which I never welcome. It is important that we set out in due course—hopefully very shortly—our future immigration system, which will certainly be based on skills that people can bring to the UK. That is our position going forward.
As I was saying on the update of the private beta testing phase 1, the average time taken to reach decisions was just under nine calendar days, and the fastest decision was made within three days. All applicants successfully proved their identity and, as my hon. Friend the Member for Boston and Skegness said, around 94 per cent of those who provided customer feedback found the application process easy to complete.
The second pilot began on 1 November and will test the online application as an integrated, end-to-end process. It will significantly scale up the testing, with EU citizens working in the higher education, health and social care sectors across the whole UK, who make such a huge contribution, being able to apply. I would like to thank them and their employers for assisting us in this way. This phase will also enable us to consider the support that some vulnerable applicants may need. The Government have already announced grant funding of up to £9 million to enable voluntary and community sector organisations across the UK to provide such support.
We are also using the remaining months before exit to scale up our communications and outreach. Millions of people have already seen Government advertising encouraging them to visit gov.uk for easy-to-understand information, and there will be a comprehensive set of communications materials next year. As I have travelled the country over the past few months and met EU citizens, I have been pleased to hear that they have already received communications, and many are confident about the settlement scheme’s progress.
My hon. Friend raised a series of questions, all of them important ones that he is absolutely right to raise. We continue to work with Apple to deliver the identity verification functionality that is currently available only on Android. He may be aware that my right hon. Friend the Home Secretary was in America only recently, and I am conscious that this is an issue that he continually raises at the highest level.
The £9 million grant funding to those groups helping vulnerable people is incredibly important, and my hon. Friend the Member for Boston and Skegness asked how, specifically, it was to be spent. On 25 October we announced the grant funding to enable voluntary and community organisations across the UK to support EU citizens who need additional help to apply. We have been working really closely with charities and community organisations representing the needs of vulnerable EU citizens. These grants will help them to inform vulnerable individuals about the need for status and to give practical support in enabling them to complete their applications.
I visited the Barbican library some months ago to look at the Assisted Digital service, and I was impressed with the commitment of people there to ensure that individuals were getting the support they needed. We currently have a pilot running with five local authorities, including Kent and Lincolnshire county councils, Sheffield City Council and Waltham Forest and Haringey borough councils. We are also working with seven non-governmental organisations, including the Cardinal Hume Centre, St Vincent de Paul, the East European Resource Centre, Coram, Rights of Women and various other groups. Our aim is to ensure that grants are awarded across the UK to communities where support is most needed and where organisations are able to provide it. The lots are specifically designed so that a diverse range of organisations are able to apply; eligible organisations can be charities, non-profit organisations, community groups or religious organisations.
The second phase of testing will finish on 21 December, which will enable us to have, in technical terms, a fire break between phase 2 and a further phase of testing, which will occur in the new year. Self-employed people can prove their residence via our automatic data matching at Her Majesty’s Revenue and Customs, and family members will be able to use a range of evidence not necessarily linked to employment to prove their residence.
My hon. Friend and, I believe, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), who spoke for the Scottish National party, raised the matter of fee waivers and the cost of applying. This matter was raised with me in the House, specifically in relation to victims of human trafficking, by the hon. Member for Birmingham, Yardley (Jess Phillips). She made, as indeed my hon. Friend the Member for Boston and Skegness has made, an important point. I undertook then to look at the specific issue of those who had been victims of human trafficking, and I would like to reassure hon. Members that it is a point well made and something I am looking at very closely.
However, having agreed the level of fees with the European Union, we believe that our approach is reasonable, proportionate and fair to all EU citizens, and application is free of charge for those who hold valid permanent residence documentation or indefinite leave to remain, and for children looked after by local authorities.
Drew Hendry
I am grateful to the Minister for giving way a second time; she is very generous. She is highlighting the fact that the scheme, or elements of it, has been agreed with the European Union. Can she give a cast-iron guarantee that all the measures she is talking about will be in place, regardless of the outcome of the meaningful vote and what happens after this place has decided on the deal brought forward by the Prime Minister?
Caroline Nokes
It is important that we give reassurance to EU citizens living here. As the former Secretary of State for Exiting the EU, my right hon. Friend the Member for Esher and Walton (Dominic Raab), made very clear, I believe, in one of his Select Committee appearances, this is a solid commitment to EU citizens, who we want to stay. I think one hon. Member might have raised the spectre of this, but we are certainly not going to remove EU citizens.
Moving on to some of the comments that hon. Members have made, the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) spoke about employers. That is an important point. I was pleased to be at the launch of the employers’ toolkit that we have been making available to employers since much earlier in the summer, which was designed hand in hand with employers. I am conscious that they play a significant role in communicating to their employees how the scheme will work. We are already working with specific employers, NHS trusts and now universities as part of the testing phase. The toolkit has been welcomed and is useful, and it is designed to enable employers to help their employees through the process.
The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East raised a number of points. I want to focus on a productive meeting that I had yesterday with the Scottish Government Minister for Europe, Migration and International Development, as part of a series of meetings I have undertaken to have specifically with him, but also with representatives of the Welsh Government and local government. It is important that we engage widely both with parts of the United Kingdom and with local authorities where there is a significant impact. We know that when people feel uneasy at times, they are likely to turn to local government or the devolved Administrations for support.
The Scottish Minister raised with me, as indeed he did in the summer, the question of fees and the undertaking by the Scottish Government to pay the fees for those working in certain sectors and perhaps for their own employees. He and I discussed yesterday the issue of taxation, and I undertook to raise that matter with the Treasury. I understand, and I hope I am correct in this, that my right hon. Friend the Home Secretary made the same undertaking to the Home Affairs Committee this afternoon.
The hon. Gentleman also specifically raised those who exercise rights as carers as Zambrano, Chen, Ibrahim or Teixeira cases. We have indicated that those resident as Zambrano cases are not protected by the draft withdrawal agreement, but we have decided as a matter of domestic policy to protect them. We consider that their current rights do not lead to a right of permanent residence under EU law, but a new UK status will be made available to them, as it will be for Chen, Ibrahim and Teixeira cases.
The hon. Gentleman also raised the issue of landlords. I was very pleased, as Immigration Minister, to reconvene the landlords panel, which I co-chair with Lord Best. We met recently and, with a group of representatives of landlord organisations, went through the digital right-to-work check, which we will mirror for landlords with a digital right-to-rent check. It is a straightforward process, and the landlord representatives present were impressed with the way the right-to-work check already works. We will roll that out for landlords to make their checks as easy as possible.
The test phases majored on by some Members are exactly that—tests. It is very important that we make sure the scheme works as it is rolled out. We started deliberately in a very small and controlled way, and have expanded it significantly in phase 2. As my hon. Friend the Member for Boston and Skegness mentioned, it will be expanded much more widely in the second part of phase 2 testing. We expected there to be bugs and to need to make technical fixes. That was part of the reason for testing.
Afzal Khan
I asked the Minister many questions, many of which have not been answered. Will she undertake to get those answers to me? She also mentioned the discussions taking place on Apple phones. Is she able to enlighten us on how long those discussions will carry on? Is she aware of the face recognition difficulties with Android phones that I mentioned?
Caroline Nokes
As I indicated just a moment ago, we are conscious that there have been several technical bugs. A good example was the system not recognising hyphenated surnames, which we were able to fix in phase 1 of the scheme. Some additional technical issues have been flagged up in phase 2, and we are working extensively to overcome them. I will not give a timeline for the resolution of the challenges with Apple phones, suffice it to say that a really constructive discussion is ongoing. My right hon. Friend the Home Secretary is a very persuasive man, and I am sure that we will reach a resolution as soon as possible.
Stuart C. McDonald
The Minister has made a lot of helpful comments in response to some of our questions. Two remain, but I do not know if she can answer them today. First, will she simply clarify why there is a discrepancy between the statement of intent and the immigration rules in relation to the non-exercise of EU rights being a ground for refusal? Secondly, will she revisit why we have to have this severe cut-off point? What will happen to people who do not apply in time before the end of the scheme?
Caroline Nokes
We have indicated that there will be a proportionate approach to those who do not apply in time, which I am very conscious could be for very good reason, such as ill health. It is important that we do not penalise people who have every right to be here. We are determined to be as welcoming as possible. We are working to make sure that we articulate that properly, not only through our communications but through the immigration rules.
I thank hon. Members for their contributions. I reassure hon. Members that at no point throughout this process have we underestimated the challenge of granting immigration status to more than 3 million people. However, we have made a strong start, and we have everything in place to make this whole process a success.
Immigration
Caroline Nokes Excerpts(5 years, 10 months ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Immigration (Caroline Nokes)
I am today publishing a review of applications by tier 1 (general) migrants refused under paragraph 322(5) of the immigration rules.
The review responds to claims that hundreds of highly skilled workers—who entered the UK under this now closed route—were facing removal due to making minor errors in their tax returns.
Our review has examined 1,697 applications refused since January 2015. The discrepancies between the earnings declared to the Home Office and those shown by their tax records were over £10,000 in 88% of cases (1,490). The pattern of behaviour in amending tax records, often close to making a further Home Office application, was sufficiently unusual for HM Revenue and Customs to draw it to the Home Office’s attention.
Applicants were given the opportunity to explain these discrepancies. In many cases, having taken all the evidence and applicants’ explanations into account, we were not satisfied that these were minor tax errors as claimed, but attempts to misrepresent self-employed earnings, most likely for the purposes of obtaining leave or settlement in the UK.
Where the explanation given was not, in our view, satisfactory, applications were refused under paragraph 322(5). There has been some criticism that the use of this rule has been disproportionate. I want to be clear that we are not claiming these applicants are a threat to national security. Refusal under this rule covers a wide range of character and conduct issues and its use is appropriate in these types of cases where the evidence supports it (a point that the courts and tribunals have acknowledged).
The review has looked at litigation outcomes in both statutory appeals and judicial reviews. The picture here is mixed. Some courts and tribunals have accepted applicants’ explanations for discrepancies that the Home Office had previously rejected. Others, faced with broadly similar arguments, often around the role of applicants’ accountants, have supported the Home Office’s position. We look forward to the Court of Appeal providing clarity on some of these issues in upcoming hearings early next year and will consider in the light of these further rulings.
Aside from cases which have been allowed by the courts and tribunals, the review has identified 12 decisions which we intend to overturn, and a further 19 cases where we will seek more information from applicants before reconsidering their cases. The Home Office will contact each of the 31 individuals concerned to resolve their cases by the end of December. Errors of this kind are always regrettable, and I do not seek to minimise the impact that the error may have had on the individuals concerned. I will also ensure that the findings in this small minority of cases are used to inform our future decision making, to ensure that similar errors are not repeated.
Skilled migrants make an important contribution to our economic wellbeing and our society. The Government recognise the need to attract and retain them, and our immigration system will continue to do so. However, it is important that people play by the rules to preserve the integrity of the immigration system.
I will arrange for a copy of the review and accompanying guidance to be placed in the Library of the House and for them to be made available on gov.uk.
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