Immigration Rules

Caroline Nokes Excerpts

Thursday 11th October 2018 Written Statements

[The Minister for Immigration (Caroline Nokes)]

My right hon. Friend the Home Secretary is today laying before Parliament a statement of changes in immigration rules. This is the latest in the regular, half-yearly series of changes to the immigration rules. The changes have three main purposes.

First, they 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, set out in appendix EU, 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 phase has enabled us successfully to test some of the functionality and processes of the scheme in a live environment.

I have today written to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the Chair of the Home Affairs Committee, with our early findings from the initial private beta phase and I will place a copy of that letter in the Library of the House. We will continue to monitor the findings from that phase and will publish a report on those findings, including how they will inform the scheme’s development, as we move into a second private beta phase in November.

Overall, the technology performed well, with some minor improvements identified to improve the overall customer experience, and feedback from applicants on the speed and ease of the application process has been very positive. The initial private beta phase has enabled us to test components of the online application process. We now need to test that online process as an integrated, end-to-end process.

We are therefore moving ahead with a second private beta phase, which, as set out in this statement of changes, will run from 1 November to 21 December 2018. It will also significantly scale up the testing, including, on a voluntary basis and with the agreement of the devolved Administrations, staff in the higher education, health and social care sectors across the UK. This phase will also include some vulnerable individuals being supported by a small number of local authorities and civil society organisations so that we can test the operation of the scheme for those with support needs. I am grateful to all the organisations and their staff taking part in the testing and thereby helping us to establish the EU settlement scheme as effectively as possible.

We currently expect that the further phased implementation of the scheme will be secured through further immigration rules changes to be laid before Parliament in December 2018 (for implementation in January 2019), and in early March 2019, so that the scheme will be fully open by our exit from the EU.

Secondly, further to my written ministerial statement of 13 September 2018, Official Report, column 36WS (HCWS961), this statement of changes introduces a form of leave to remain for those children transferred to the UK as part of the Calais camp clearance to reunite with family between October 2016 and July 2017 and who do not qualify for international protection (i.e. refugee status or humanitarian protection). It is our view that all those 549 children transferred from Calais to the UK to reunite with family should be able to remain here with their family members. We do not consider that it would be in their best interests as children to separate them from their families, having received significant support from the UK authorities to reunite and integrate here.

Thirdly, this statement of changes amends the immigration rules on the requirements for a valid application to support the operation of the new application process in UK Visas and Immigration, and specifies evidence for medical exemption from knowledge of language and/or life in the UK requirements. The new application process will mean that customers in the UK applying to extend their stay or apply for citizenship will be able to submit key documents and personal information in a more secure way with the support of designated staff. UK Visas and Immigration will no longer generally handle physical evidence when considering a case, so the majority of customers will be able to retain their passport, and all customers will be able to retain their supporting evidence as part of the application process. UK Visas and Immigration aims to deliver a world-class customer experience that is competitive, flexible and accessible; and the launch of these new, more efficient front-end services this November is a big step towards that goal.

[HCWS997]

Asylum Accommodation Contracts

Caroline Nokes Excerpts

Wednesday 10th October 2018 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

It is a pleasure to serve under your chairmanship, Mrs Main. I add my congratulations to the hon. Member for Stockton North (Alex Cunningham) on having secured the debate, and I thank all right hon. and hon. Members who have contributed. I will do my best in the time allowed to answer all the questions asked of me. Members did incredibly well in their four allocated minutes to convey their key points. It is always a huge frustration when time runs out. I will undoubtedly drive my officials, who are sat behind me, slightly potty, because I am about to divert completely from my script and respond to some of the important points that have been made, for which I apologise.

In no particular order, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) made a point about dispersal engagement. No doubt I will at some point return to my script and find the actual points that I am supposed to make on this issue, which will no doubt detail precisely the engagement that has already taken place. Suffice it to say that I am conscious of the debt we owe those local authorities that are part of the dispersal areas and which work incredibly hard to make available services and facilities to enable those seeking asylum to integrate into local communities.

We have already started a dialogue about how we can increase the number of dispersal areas. We all know that the more that we are able to disperse asylum seekers among different local authorities, the easier it is for those authorities to manage. Indeed, it is better for our communities for there to be a wide range of people living within them and contributing to the better integration of asylum seekers.

I have engaged in discussions over the past few months with some metropolitan mayors, local authorities, the Local Government Association, the Convention of Scottish Local Authorities and other groups of local authorities that come together—it would be wrong of me to try to remember all of the local authorities that I have engaged with. Serious conversations are ongoing about how we can increase the number of dispersal areas, whether I have the power to mandate that and whether that is the right way forward. In my view, it is better to engage with local authorities and to encourage them to take part in dispersal schemes. My gut instinct is that that has to be the right way.

I have learned from engagement with local authorities—hon. Members might expect to hear this from someone who spent a happy 12 years on a local authority—that they sometimes come up with the best solutions and ideas. I know that the right hon. Member for Kingston and Surbiton (Sir Edward Davey) will undoubtedly pick me up on this, but it is true that no local authorities have come forward as part of this bidding process. It may well be that the procurement process that we are bound to take part in, as current members of the European Union, is too prohibitive and difficult for local authorities, which would be a matter of profound regret.

[Stuart C. McDonald]

City councils have provided asylum accommodation while the United Kingdom has been a member of the European Union, so it is not the European Union that is at fault here but the design of the contract. Glasgow City Council previously provided such accommodation, but it cannot, for example, provide asylum accommodation for the whole of Scotland. It has to be broken down into much smaller units.

[Caroline Nokes]

The hon. Gentleman makes an important point. Glasgow City Council will of course not seek to provide accommodation for the whole of Scotland, and perhaps there is a very good case for breaking contracts down further, which might increase engagement from local authorities. I have to say that I am never averse to the greater engagement and involvement of local authorities. We all know that, first, local authorities are very good at providing services and, secondly, people in a crisis often turn to the local authority first.

[Sir Edward Davey]

Have the Minister or her officials talked to different local authorities to see what sort of contract they would be able to bid for? It is clearly not an argument that local authorities cannot bid for contracts because of the European process; they do that every day. It is a question of whether the Home Office is willing to design the contracts in a way that would be achievable for local authorities.

--- Later in debate ---

[Caroline Nokes]

Officials have of course engaged with local authorities and will continue to do so, and they have shared with both local authorities and stakeholders the statement of requirements, which has been the subject of much discussion among some Members this afternoon. I am perfectly happy to share that statement of requirements, as some hon. Members requested. I see absolutely no obstacle to doing that, given that we have already shared it with a number of stakeholders and local authorities.

The hon. Members for Glasgow North East (Mr Sweeney) and for Glasgow South West (Chris Stephens) raised the Serco contract, and the hon. Member for Glasgow South West commented on the timing of Serco’s announcement. From Serco’s perspective it was probably very unfortunate timing, as I was pretty much already on my way to Glasgow. However, that gave me the opportunity to have some very constructive engagement with Glasgow City Council, and later with the Scottish Government.

I am perhaps sometimes too much of an optimist and look for the positives in even very negative situations, and one thing that situation taught us is the benefit of making sure that there are information-sharing mechanisms between the Home Office, local government and the accommodation providers. That is absolutely key. We must all instinctively understand that by sharing information, we will get a better outcome. To be frank, one can face the obstacle of not being allowed to share sensitive data, but we are all working towards the right outcome for individuals so we actually have to find mechanisms—not just for the Glasgow contract, but across all these contracts—to find a better way to share information.

[Chris Stephens]

Does the Minister share my concern that Serco was bandying around unfortunate terms such as “failed asylum seekers”? Will the Minister tell us from where Serco received the information that there were 300 so-called failed asylum seekers?

[Caroline Nokes]

It would be unfair of me today to comment on numbers without having them immediately to hand, but what is clear through that process, as I think the hon. Member for Glasgow North East pointed out, is that some of those individuals had submitted additional claims for asylum and some were still at an appeals process. That absolutely indicates that the information sharing has to be of the highest quality.

We all know, although Members may find it uncomfortable, that through the asylum process there are many opportunities to submit appeals and to make fresh or additional claims. That sometimes puts accommodation providers, and indeed the Home Office, in the difficult position of having to consider claims and have them properly go through the courts. When people’s claims for asylum are found by the courts not to be appropriate, of course we have to take action. In situations where there are people in accommodation that should actually be used by new asylum claimants or those who are at an earlier stage in the process, we are left in a very difficult situation. As the Home Office—I have been completely candid about this—we have to improve our ability to ensure that those with no valid claim for asylum are assisted to return to their country of origin; unfortunately, we have to do that.

[Several hon. Members rose—]

[Caroline Nokes]

I can see that I am about to be intervened on; I will give way to the hon. Member for Bristol West (Thangam Debbonaire), who has not yet intervened on me.

[Thangam Debbonaire]

I am very grateful to the Minister for giving way. Will she agree that that assertion would perhaps have more support from across the House if it was not for the very large number of rejected asylum claims that are overturned on appeal? Indeed, from some countries it is the majority that are overturned. Her claim does not really add up if we are being asked to agree that people should be removed when they have further rights to appeal to remain and when those appeals often succeed.

[Caroline Nokes]

I did not say that people who were not at the end of the process should be returned to their country of origin, and I am very conscious—perhaps more conscious than many—of how long the process takes, how many opportunities there are for appeal and, indeed, how often further information is brought forward. There is much more work to do to speed up the process and ensure that Home Office processes are accurate at the earliest possible stage. However, a lot of that is about finding mechanisms for people who are going through the process to bring forward as much information as possible as soon as possible. When information is not forthcoming at the outset and not all the information is available, it is very difficult to make a determination.

[Several hon. Members rose—]

[Caroline Nokes]

I will continue to give way; I give way to the hon. Member for Dulwich and West Norwood (Helen Hayes).

[Helen Hayes]

I thank the Minister for giving way. Since she is talking about problems with the process, I will put on the record the very serious concerns raised by Freedom from Torture and others about the lack of medical expertise in the asylum assessment process, which, in large part, is a cause of the inaccurate decisions that her Department is making.

[Caroline Nokes]

I thank the hon. Lady for putting that on the record. I have a comment on the medical processes somewhere in my notes; I may not find it in the course of the next few minutes, but I will try to. Of course we can—at all times and in all ways—improve on our systems, and I am absolutely determined that we will find better ways to ensure that information can be brought forward earlier.

[Several hon. Members rose—]

[Caroline Nokes]

I will give way to the hon. Member for Glasgow North East, because he has been very patient.

[Mr Sweeney]

I thank the Minister for giving way on that point. When Rupert Soames phoned me in July to describe his concerns about the contract, as he saw them, he said it was actually the charity of Serco’s shareholders that was keeping people in accommodation for far longer than they were being funded by the Home Office. Somewhere in that balance, there is clearly a point where the Home Office is prematurely cutting funding for provision of housing. Surely there should be a longer cooling-off period to enable legal counsel to be consulted, to see if the intent is to appeal and so on and so forth before people are turfed out of their housing by Serco.

[Caroline Nokes]

I refer the hon. Gentleman back to my comments about information sharing and ensuring that information is accurate, because that is the only way in which we will make the best decisions.

[Several hon. Members rose—]

[Caroline Nokes]

I am sorry; I will not give way again for a little while, because there were a couple of other points in the debate that I found particularly poignant and that I wanted to pick up on.

The hon. Member for Strangford (Jim Shannon) painted a very clear picture of how the situation in Northern Ireland could be different. His description of children walking through certain areas in a school uniform that was different from that of other children particularly struck a chord with me. He will know that Northern Ireland is one of the areas where the contract has not received the same level of interest that it has in other areas, so clearly we have more work to do there. I will certainly bear his points in mind.

The hon. Gentleman also spoke about the opportunity for oversight of complaints and how to monitor complaint resolution—that is a key issue that several other hon. Members referred to. Of course the preference must always be for a service provider—the body delivering on the ground—to deal with complaints from service users promptly and adequately in the first instance. However, I recognise that that does not always happen, and of course escalation routes exist and will continue to exist—ultimately to UK Visas and Immigration—and I am very keen that complaints should be raised and addressed with the utmost efficiency and speed. I have heard some horror stories from hon. Members this afternoon, which we would certainly not wish anyone, let alone one’s own child, to experience. That was particularly true of the comments about vermin and cockroaches. Of course those things are not acceptable and we do not wish them to happen now, let alone under the new contracts.

I will not give way to the hon. Member for Manchester, Gorton (Afzal Khan), because he made a point I wish to address about the length of contracts and whether they are set in stone for 10 years. There is a break at seven years, at which point we would be able to address the—[Interruption.] Well, the current contract is seven years as well, and that will give us the opportunity to review matters, should we need to do so.

[Several hon. Members rose—]

[Caroline Nokes]

I will give way to the hon. Member for Stockton North, who secured the debate.

[Alex Cunningham]

In the light of what the Minister has just said, seven years is still a hell of a long time. Will she take that point back and think again about it, and see whether we could perhaps have breaks at three years or five years?

--- Later in debate ---

[Caroline Nokes]

I thank the hon. Gentleman for making that point; I will certainly think about it.

On break clauses, there are indeed mechanisms within the contracts being proposed to ensure that any changes that the Home Office wishes to make in the future can be enacted appropriately, so these are not contracts that are set in stone for a 10-year period. As I said, there is a break clause at seven years, but we will also have the opportunity to make changes that we may need to make.

[Afzal Khan]

I thank the Minister for giving way. I have two very simple questions for her. First, can she tell us what significant improvements there will be in the new contracts? Secondly, can she say whether there will be any penalties for any breach of contract or poor performance?

[Caroline Nokes]

I thank the hon. Gentleman for that intervention. I am conscious that I only have a couple of minutes left and I was hoping to move on to the bits of my prepared speech that actually include those points.

Alongside the Ministry of Housing, Communities and Local Government, we continue to explore how central and local government can work better together to enable us to meet our international commitments and to let service providers, local partners and civil society play their part. We are currently working with a number of local authorities to develop a place-based approach to asylum and resettlement, and considering how closer working and greater collaboration could work in practice.

As I have said, I have met many local authorities and the devolved Governments, but we are determined to improve standards and will stipulate more standardisation in the initial accommodation estate. That will ensure that there are dedicated areas for women and families, and more adapted rooms for those with specific needs, including pregnant women.

The new contracts will improve service-user orientation, to help service users to live in their communities and access local services. There will be better data-sharing with relevant agencies, to better join people to those services. The new contracts will also focus on safeguarding and improvements to support—

[Stuart C. McDonald]

Will the Minister give way?

[Caroline Nokes]

I am sorry; I have got one minute left.

The new contracts will also focus on safeguarding and improvements to support vulnerable service users, which will build on the enhancements to safeguarding that have been put in place across the immigration system over recent years. Standardised health checks will be introduced to identify those with specific physical and mental health needs, and we will provide more uniform training for providers’ staff on safeguarding.

I also want the new contracts to improve advice services. We will introduce a national contract to provide advice to and assist destitute asylum seekers in making support applications.

The new contracts will further improve engagement with other agencies, and the accommodation provider will be required, during the normal course of its operations, to liaise and co-operate with other organisations, including local authorities, the voluntary sector, the NHS and the police, which will ensure that the interests of the service users are best served.

I am clear that I want the new contracts to build on the groundwork for a constructive relationship between central Government, local government, the private sector and civil society, for the benefit of communities and those seeking asylum.

Immigration

Caroline Nokes Excerpts

Thursday 13th September 2018 Written Statements

[The Minister for Immigration (Caroline Nokes)]

As part of the clearance of the Calais camp in October 2016, the Government transferred 769 unaccompanied children to the UK, all of whom claimed asylum in the UK. The Government acted decisively at this time to remove vulnerable children from a dangerous situation where they were at risk of violence and abuse. The unique situation in Calais and unprecedented action we took to safeguard children demonstrated the Government’s commitment to supporting the most vulnerable children affected by the migration crisis.

Of the 769 cases, 220 cases were transferred in accordance with section 67 Immigration Act 2016 (the Dubs amendment), and formed the first tranche of these cases. Some of these cases did not qualify for refugee or humanitarian protection under the existing rules; as such, in June 2018 we introduced a new form of leave (section 67 leave) for these cases.

The remaining 549 cases were transferred to reunite with family members already in the UK. These cases have been considered carefully and on their individual merits, and a large proportion of these cases have been recognised as refugees.

It is our view that all those 549 transferred from Calais to the UK to reunite with family should be able to remain here with their family members. In keeping with our commitments to family unity, we do not consider that it would be in their best interests to separate children from their families, having received significant support from UK authorities to reunite and integrate.

It is our intention to introduce, by laying a new immigration rule, a new form of leave for any of these cases that have not already been considered refugees. This leave will only be available for those that were bought over as part of the Calais clearance exercise in October 2016, who were under the age of 18 at this time, and who had recognised family ties in the UK. Individuals who qualify for this leave will have the right to study, work, access public funds and healthcare, and can apply for settlement after 10 years.

[HCWS961]

Immigration Control

Caroline Nokes Excerpts

Thursday 6th September 2018 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

At the outset, I want to congratulate the right hon. Member for Tottenham (Mr Lammy) on securing this important debate. Listening to his impassioned, articulate and thoughtful contribution, one is perhaps also obliged to extend him sincere congratulations on his award last night as GQ’s politician of the year at its men of the year awards. Listening to his description of Alberta’s story, one can but be convinced that the award was justly deserved.

The right hon. Gentleman is of course right to point out that people from all over the world have come to the UK and helped to make this country what it is today. We welcome their contribution and the fact that Britain is one of the best countries in the world to come and live in. That is why we need a fair immigration system under which people can come here, be welcomed and become part of our communities, and a fair system that treats people with decency and respect.

That is why this Government are taking action and will continue to do so. We are fighting modern slavery to stop people being trafficked here and stripped of their freedom by slave drivers. We have changed the law to stop children being routinely detained in the immigration system. In 2009, over 1,100 children entered detention, and last year only 44 were held for a very brief period. We have set up a scheme to resettle 20,000 people fleeing Syria so that the most vulnerable, such as disabled people and torture victims, get refuge, not just those fit enough to travel here alone. We are also working to put right the wrongs done to the Windrush generation.

However, we also need to have a controlled system, because Britain is one of the best countries in the world to live in and many people want to come here. We need a controlled system under which the rules that make that possible are followed. That is what the Government are building, and it is what the public expect. When people break the rules and try to play the system, it is unfair, and the people it is most unfair to are those who have come here and played by the rules. That is why we have broken up the UK Border Agency to make the system more effective, reintroduced exit checks and toughened the penalties for people employing illegal workers. Migration benefits the UK, but that system has to be underpinned by rules.

I remain absolutely committed to improving the border, immigration and citizenship system. As hon. Members will recall, the system was labelled “not fit for purpose” by a former Labour Home Secretary. I have listed some examples of the progress made since 2010, but I absolutely recognise that there is more to do. That is why we are listening to Members in both Houses, to those using the system, to partners and to independent advice. I really welcome the constructive engagement I have had with members of Her Majesty’s Opposition. I have sought to keep my door open to colleagues from across the House, and while there has certainly been a great deal of challenge, there has also been much positivity and many constructive suggestions of ways in which we can work together to make the system better.

As I have said, the Government have made a strong commitment to learn the lessons from the wrongs experienced by the Windrush generation. On 19 July, the Home Office published the terms of reference for the Windrush lessons learned review. The review will have independent oversight by Wendy Williams, who I know the right hon. Gentleman has already met, and it will aim to publish its report by the end of March 2019.

However, we are not waiting for that review to take action to improve the system. The review is part of a whole series of examples of independent scrutiny bodies that the Government are working with or have commissioned. For example, we have commissioned the Migration Advisory Committee for advice on a migration system for European economic area nationals following our exit from the European Union, and asked it to conduct a full review of the shortage occupation list. The independent chief inspector of borders and immigration continues to scrutinise the border, immigration and citizenship system.

We are not only implementing the recommendations from Stephen Shaw’s review of detention, but, as my right hon. Friend the Home Secretary set out in July, going further and undertaking a series of improvements. As part of our response to Shaw, the Government will explore alternatives to detention with faith groups, non-governmental organisations and communities. As a first step, we intend to pilot a scheme to manage in the community vulnerable women who would otherwise have been detained at Yarl’s Wood immigration removal centre. Home Office officials have been working with the United Nations High Commissioner for Refugees to develop that pilot, which will mean that rather than receiving support and care in an immigration removal centre, the women will get a programme of support and care in the community.

We will review the adults at risk policy, ensuring that the most vulnerable and complex cases get the attention they need. We will look again at how consideration of rule 35 reports on possible cases of torture can be improved, while avoiding abuse of the processes. We will pilot an additional bail referral at the two-month point and increase the size and scope of the detention gatekeeper function. For now, the policy is one of senior civil servant sign-off for detention decisions, and we will strengthen links with pre-departure teams by putting additional Home Office people in removal centres to increase face-to-face engagement with detainees and resolve possible problems with detention.

We will commission the independent chief inspector of borders and immigration to report each year on whether and how the adults at risk policy is making a difference. We will pilot the use of Skype so that detainees can contact their families overseas and in the UK. My right hon. Friend the Home Secretary has asked officials to review how time limits work in other countries, and how they relate to other protections in their detention systems, so as to have a better-informed debate based on what works to tackle illegal migration and what is humane for those detained. Once that is complete we will consider further the issue of time-limited detention.

I point out to the right hon. Member for Tottenham that the Government currently manage 95% of those in the removal pool in the community, and of those in immigration removal centres, 63% leave within 28 days and more than 90% within four months. He mentioned the debate held earlier this week in Westminster Hall, which was initiated by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), in which we discussed immigration fees. Of course we keep all Home Office fees under regular review, and when setting immigration and nationality fees, which are approved by Parliament in line with the Immigration Act 2014, we take into account the wider costs involved in running our border, immigration and citizenship system, so that those who directly benefit from it contribute to its funding. That reduces the burden on UK taxpayers.

I am carefully considering points made during a recent debate in the Lords on child citizenship fees, and in other debates held this week, and in due course I will take account of the findings of the imminent review by the independent chief inspector of borders and immigration. It is important that we have a fair charging policy that considers a customer’s circumstances and requirements and supports the effective operation of our immigration system. We will continue to set fees that take into account the benefits accruing from a successful application, for example across the labour market.

Now more than ever, we are listening to independent advice, developing policy that is rooted in evidence and taking feedback from customers to ensure that we continue to have a world-leading border, immigration and citizenship system, and that those subject to immigration control are provided with the appropriate service. The right hon. Member for Tottenham and others are right to bring matters to my attention, but I remind the House of the scale of the immigration system. Thousands of decisions are made every day, and the overwhelming majority are completed within published service standards and enable people to visit the UK, study or work here, or rebuild their lives.

UK Visas and Immigration offices make more than 3 million decisions a year, and the Border Force enables 250 million people to cross our border while keeping our country safe and secure. Immigration Enforcement ensures that 95% of individuals who require leave to remain, but do not have it because they have overstayed their visa or are not eligible to have it extended, are managed in the community and receive guidance on departure.

I am not complacent, but I list those achievements because they are not insignificant. For every case in which I have conceded that the system could have done better, and must do better in future, there are thousands more people who are satisfied with their experience of the immigration system. I am proud of the hard work and dedication of officials in the Home Office, and their integrity will always be our first line of assurance. The treatment of the Windrush generation has been unacceptable and we will put it right. Britain is one of the best places in the world to come and live, and I want it to stay that way.

In conclusion, I welcome the offer made by the right hon. Gentleman and many of his colleagues from across the House to work on a cross-party basis to ensure that our future systems are the best they can possibly be.

Question put and agreed to.

Windrush

Caroline Nokes Excerpts

Tuesday 4th September 2018 Commons Chamber

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department to make a statement on the Government’s policy on Windrush.

[The Minister for Immigration (Caroline Nokes)]

It is a pleasure to be back, Mr Speaker.

The Home Secretary has been very clear both that the Government deeply regret what has happened over decades to some of the Windrush generation and that we are determined to put it right. The Home Secretary laid a written statement in the House on 24 May to establish the Windrush scheme, which ensures that members of the Windrush generation, their children born in the UK and those who arrived in the UK as minors and others who have been in the United Kingdom for a long period of time will be able to obtain the documents to confirm their status and, in appropriate cases, obtain British citizenship free of charge.

The last update on our historical review of removals and detentions was presented to the Home Affairs Committee on 21 August. The Home Secretary has written to apologise in the case of 18 people whom we have identified are most likely to have suffered detriment as a result of Government action. To the end of July, 2,272 people have been helped by the taskforce to get the documentation they need to prove their existing right to be in the UK under the initial arrangements put in place prior to the establishment of the Windrush scheme, and 1,465 people have also been granted citizenship or documentation to prove their status under the formal Windrush scheme. The taskforce is also working to help eligible individuals return to the UK.

The Home Secretary has announced a compensation scheme for those who have been affected as a result of not being able to demonstrate their status. The public consultation for that scheme was launched on 19 July and will run to 11 October. The Home Office is using a range of channels to engage with those who have been affected and to encourage people to respond to the consultation. We will announce details of the final scheme and how to apply as soon as possible after the consultation has ended.

Finally, the Home Secretary has commissioned a lessons learned review, to identify how members of the Windrush generation came to be entangled in measures designed for illegal immigrants. He has been clear that the lessons learned review requires independent oversight and scrutiny and has appointed Wendy Williams as independent adviser to the review. I know that, across the House, we are united in our determination to deal with the problems faced by people of the Windrush generation. I therefore hope we can take a cross-party approach which recognises that the most important thing we can do is ensure the wrongs that some have faced are put right.

[Ms Abbott]

Thank you for granting this urgent question, Mr Speaker.

Ministers might have thought that they had drawn a line under the Windrush scandal, but it continues to throw up new horrors. This summer I was in the Caribbean, and Ministers should not underestimate the concern that the Windrush issue has caused throughout the Commonwealth. We are preparing to leave the EU. At a time when we should be strengthening our trading links with Commonwealth partners in Africa, the Caribbean and south Asia, are Ministers aware of how much damage the Windrush scandal has caused?

Now we have learnt that three citizens have died in Jamaica after having been wrongfully deported from this country. This is something that ought to shame Ministers. Worse, we did not learn this from our own Government. This intelligence comes from Her Excellency the Foreign Minister for Jamaica, Kamina Johnson-Smith. Left to this Government’s own devices, we might never have learnt of those deaths.

The Government have been dilatory in fulfilling their repeated verbal commitments to find out who the victims are of this scandal and what they will do to correct it. Instead, we have the Home Secretary making an apology to just 18 of the victims identified who have been wrongly detained or deported. This is despite the fact that the Government themselves have identified 164 such victims. Were any of the three victims now deceased who have been identified by Jamaican Ministers included in the Government’s list of 164? If they were, what was done to try to remedy the situation before the deaths? If not, we are entitled to believe that the Government’s list of 164 is of little value, with gaping holes in its information.

The Home Secretary’s apology to the 18 is welcome. A sincere apology is long overdue, but why only these 18, when the Government have identified many, many more cases? What is the basis of the apology? Does it include an assurance to address the hardship being caused here and now, or will the 18 have to wait like everyone else until the Government finalise their compensation scheme?

We learned from newspaper reports that the Government are losing the majority of their appeals in immigration cases. They are still trying to deport thousands of people who are entitled to be here. The Windrush scandal lives, even while some of its victims have died. This scandal is due to the Government’s hostile environment policy, which is supported by the entire Government, including the Home Secretary, who has tried to rebrand it. Ministers need to abandon the hostile environment policy. Unless and until they do, the reek of the Windrush scandal will forever be associated with the Home Secretary and this Government, not just here in Britain but throughout the Commonwealth.

[Caroline Nokes]

I was delighted to hear the right hon. Lady refer to the importance of reaching out to different parts of the world in a post-Brexit scenario. She will be aware, as I am, of the work the Prime Minister has done in Africa over the past few weeks. I agree that it is important that we foster relations right around the globe, which is why we have been extremely proactive in working with high commissioners across the Caribbean to make sure that the 164 people identified so far as part of our review are proactively contacted and that we can, as I said earlier, put right the wrongs that have been done to the Windrush generation.

The former Home Secretary and the current Home Secretary have been clear in their apologies to the Windrush generation, and those have been sincere and heartfelt. However, I would point out to the right hon. Lady that there have been policies under successive Governments to make sure that those who have the right to be here are able to access benefits, employment and services, but those who do not are correctly identified by a series of compliant-environment policies. The right hon. Lady speaks as if those policies were begun by this Government, but in fact right-to-work checks commenced in 1997, controls on benefits in 1999, controls on social care in 2002, and civil penalties for employers of illegal workers in 2008.

It is notable, as I said right at the beginning of my statement, that people from the Windrush generation who have had wrong done to them, for which we have apologised and will continue to apologise, have been affected over decades. The right hon. Lady might like to reflect that, of the 164 individuals identified so far by the review, in the region of half were impacted prior to 2010.

[Sir Hugo Swire (East Devon) (Con)]

For how much longer are the Government going to refuse to publish the unredacted report by Sir Alex Allan on the whole Windrush situation?

[Caroline Nokes]

The Government have of course commissioned the lessons learned review, and the permanent secretary in the Home Office commissioned Alex Allan to conduct that review. It is important that we focus very much in this regard on making sure that we put right the wrongs for those who are part of the Windrush generation, but also that we work proactively with the Home Affairs Committee to make sure that these mistakes do not happen again.

[Joanna Cherry (Edinburgh South West) (SNP)]

I commend the right hon. Lady, the shadow Home Secretary, for securing this urgent question on such an important issue.

Over the summer we have learned that wrongly deported Windrush generation citizens died before they could be repatriated. We have learned that the private firm responsible for removing Windrush citizens operated on the basis of incentives for exceeding its removal targets. We have also learned that the Home Office may be withholding crucial evidence from the Joint Committee on Human Rights inquiry into the wrongful detentions and deportations. Does the Minister regret any of those matters, and can she tell us why the Home Secretary and the Prime Minister are still refusing to make a full and proper apology to all the victims of this appalling episode?

When will the Home Secretary respond to calls from the Scottish National party and others, which we have heard today, for a full and proper revisiting of the hostile environment policy, which led to this scandal and which may yet lead to others?

[Caroline Nokes]

The Government’s compliant-environment policies, which were, of course, started under the previous Labour Administration, are an important part of our ability to make sure that those who have the right to be here and are entitled to goods, services and benefits can be correctly identified, and, equally, that those who are here illegally can also be identified. This Government do not intend to remove our compliant-environment policies; we believe that they provide an important part of our suite to address illegal immigration. The hon. and learned Lady referred to the private company that had a contract to enable those who had no right to be here to accept voluntary returns. It played no part in decision making and, of course, that contract was ended in 2016.

[Mr Philip Hollobone (Kettering) (Con)]

May I congratulate my right hon. Friend on the way in which she personally is getting to grips with this important issue? I believe she said that 2,272 individuals have had their documentation sorted. What is the total number of applications to the helpline to date, and what is her estimate of the likely number of applications before this whole sorry episode is brought to a successful conclusion?

[Caroline Nokes]

My hon. Friend is right to point out that many thousands of people have received their documentation. We should be pleased that that has occurred, and in the vast majority of cases it has occurred very swiftly after they have provided details to the taskforce. That is crucial, so that they can access the benefits and services to which they are entitled. The taskforce has received well in excess of 8,000 calls, but only a proportion of them will be part of the Windrush scheme, and there is very careful triaging so that people receive calls back and the correct information is identified at that time.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

We will publish today the Home Office’s response to our Select Committee’s Windrush report. The response rejects our cross-party recommendation to reinstate immigration appeals. Does not the Minister recognise that, in Windrush cases, people lost their homes, their residency and citizenship rights, their healthcare rights and their jobs because the Home Office got decisions wrong and there was no right of appeal and no independent checks and balances? Does she not recognise that, if we are to have any chance of preventing Windrush injustices from happening again, there needs to be the restoration of immigration appeal rights?

[Caroline Nokes]

I thank the right hon. Lady for her question. The Windrush taskforce and the review processes that are commencing and, indeed, will be ongoing for a considerable time show that, yes, absolutely, mistakes were made over a long period, for which this Government have apologised and continue to apologise, because we are very sorry for those to whom wrong was done. It is absolutely imperative that we learn those lessons, which is why Wendy Williams has been commissioned for the independent review, and that we make sure that we take account of the recommendations that come forward from that review and make appropriate changes.

[Vicky Ford (Chelmsford) (Con)]

May I thank the Minister for the rapid way in which her Department has helped to assist a constituent of mine who has been affected? Will she assure me that direct contact will be made with those affected so that they can receive compensation with minimum difficulty?

[Caroline Nokes]

It is absolutely our intention that those who will be entitled to compensation should be able to access it with minimum difficulty. The public consultation opened in July and will close on 11 October, and it is absolutely imperative that we take into account all the suggestions and comments that come forward as part of it, and that we make sure that we have a scheme that works for those individuals affected.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

The Home Secretary was right to apologise to the victims of the Windrush scandal, but if the Government want to end their hostile environment, which led to the Windrush scandal, is not it time to abolish their net migration target?

[Caroline Nokes]

Given the commitment in successive general election manifestos that have been endorsed by the public, it is absolutely imperative to reduce immigration to sustainable levels. As part of that, we have a compliant environment, which makes sure that people who are in this country illegally are not entitled to access the benefits and services that those who are here legally can.

[Bill Grant (Ayr, Carrick and Cumnock) (Con)]

Will my right hon. Friend confirm that analysis of the Windrush cases reveals problems over many years under successive Governments, and that this Government will resolve those problems?

[Caroline Nokes]

My hon. Friend is right to point that out. These issues have occurred over successive Governments and many years. This Government are absolutely determined to make sure we put right those wrongs.

[Thangam Debbonaire (Bristol West) (Lab)]

My caseworkers tell me that intolerable delays are occurring and that people in the pipeline are not being dealt with promptly, even though we were promised they would be. We had good experiences at the start of this process, but I am afraid to say that that has gone backwards. What is the Minister doing to deal with delays, and how many people are in that delayed situation?

[Caroline Nokes]

The vast majority of cases have been dealt with within the two-week deadline after the receipt of full documentation; both the former and the current Home Secretary committed to that. However, I hope the hon. Lady will understand that some cases are extremely complex, that we are looking for reasons to grant, not reasons to refuse and that, in some cases, that has taken longer.

[Rebecca Pow (Taunton Deane) (Con)]

I welcome my right hon. Friend’s statement, especially the lessons learned review and the fact that a great many people have indeed been helped so far. Can she confirm that the children of the Windrush generation are able to apply to naturalise at no cost?

[Caroline Nokes]

As I set out in my initial response, we are making sure that that is the case. I am very conscious of the issues with the children of Windrush, as well as of those of the Windrush generation themselves. It is important that those who have a claim under the Windrush scheme make contact with the taskforce, so that their case can be gone through individually and with the incredibly experienced caseworkers who are charged with making sure we get decisions right.

[Patrick Grady (Glasgow North) (SNP)]

The Minister will be aware, as I have raised it before, that many of the Chagos islander community in this country are also seeking to establish their citizenship. We would not want any more scandals in the mould of Windrush. Will she therefore make sure that their citizenship is considered as the Government take forward progress on Windrush?

[Caroline Nokes]

I am not sure if the hon. Gentleman was in the Chamber for Foreign and Commonwealth Office questions earlier, when he would have heard the response by the Minister for Europe and the Americas on the subject of the Chagos islanders and the Government’s long-standing policy.

[Kevin Foster (Torbay) (Con)]

It is right that the Government have offered both an apology and compensation to those in the Windrush generation who have been affected. However, is the Minister aware that in many instances people feel they have to choose between being able to speak out and receiving compensation? Will she therefore confirm that no one who applies to the Windrush compensation scheme will be asked to sign a non-disclosure agreement?

[Caroline Nokes]

The Home Secretary has been absolutely clear: nobody applying to the Windrush compensation scheme will be asked to sign a non-disclosure agreement.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

It is worth noting that the 164 figure for those wrongfully removed or detained is still provisional and may change. Does the Minister expect the figure to go up? More importantly, the scandal goes well beyond the Windrush generation; this is about the impact of the hostile environment and of the lack of a right to appeal. Can she tell us how many non-Windrush cases have been wrongfully removed or detained in the last year?

[Caroline Nokes]

The hon. Gentleman makes a specific point about whether we expect those numbers to change. It is really important that we have an independent assurance exercise once the review has completed. We are determined to find out the exact number and to do our absolute best to make sure that any people identified are encouraged to go through the Windrush taskforce and, if eligible for compensation, to apply for the scheme when it is open. The hon. Gentleman asked a specific question about the number of people who may have been wrongfully removed in the last year. I cannot provide him with that information right at this moment, but I am very happy to provide him with the latest statistics that we have.

[Tom Pursglove (Corby) (Con)]

I congratulate my right hon. Friend and the Home Secretary for the leadership they have shown in righting the wrongs that have happened in these Windrush cases. Will she set out for the House the progress of the independent review and its anticipated timescale?

[Caroline Nokes]

As my hon. Friend will know, Wendy Williams has been appointed to lead the independent review, which will be a thorough look at everything that has occurred and the lessons that we must learn. We expect her report to be available in March next year.

[Janet Daby (Lewisham East) (Lab)]

I thank my right hon. Friend the shadow Home Secretary for requesting this urgent question. What I find shocking and disturbing is the fact that three people have died in Jamaica as a result of this hostile policy. We are hearing an apology, but I would like to hear more about action from the Government. I would particularly like to know what proactive action is being taken in the cases of the three people who have died overseas.

[Caroline Nokes]

The Government are very appreciative of the work that has been going on with Commonwealth high commissioners, among others, to make sure that those who have been affected have been correctly identified. When people have subsequently passed away, our sympathies and condolences, of course, are with their families. My right hon. Friend the Home Secretary has written not only to those affected but to the families of those who have passed away.

The hon. Lady is right that a wrong was done, and the Government are determined to right that wrong, but I point out to her that a good number of these people were removed prior to 2010.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

The appalling treatment of the Windrush generation and their descendants extends far beyond those who have come forward to contact the Home Office team to date. Many of my constituents are living in fear and deep mistrust of the Home Office—not least because of the continual conflation with illegal immigration in discussions of Windrush, which we have heard again from the Minister today.

There is an urgent need for access to independent confidential advice for Windrush citizens and their descendants, who are concerned about their status but do not trust the Home Office. So far, that work has been left to the voluntary sector, but the lack of funding over the summer has meant that Black Cultural Archives in my constituency has had to stop running advice surgeries. Will the Minister now acknowledge the far-reaching breach of trust that the Windrush scandal has caused and commit to funding genuinely independent advice for those who are too fearful of the Home Office to come forward?

[Caroline Nokes]

The hon. Lady raises a really important point about people who might be afraid to come forward. We have given a clear assurance that no information provided to the Windrush taskforce will be passed to immigration enforcement and we will work extremely hard to assist all those with partial information to demonstrate their time in the UK.

Martin Forde QC, the independent consultant for the compensation scheme, has been working hard with outreach programmes, which are an important part of the process. The Windrush taskforce has held a number of surgeries up and down the country, reaching out to members of the Caribbean communities to engender confidence.

Some of the best advocates for the Windrush taskforce are those who have been through it successfully. There have been a number of reports from those who have found the process easy, and thousands have been granted not only documentation but citizenship.

[Emma Dent Coad (Kensington) (Lab)]

Will the Minister explain why the Government are still failing to support those affected who are going through the process? That is the case with eight of my constituents, one of whom was left destitute, having lost all his benefits—evicted by the council and forced to sleep on the streets until my office intervened. That happened three weeks ago.

[Caroline Nokes]

I thank the hon. Lady for drawing that to my attention. The Windrush taskforce has been working proactively with local authorities, housing providers and the third sector so that those in hardship are put in touch with the correct agencies to make sure that they are receiving the benefits to which they are entitled. If she gives me individual information after this urgent question, I shall be very happy to take it away.

[Carol Monaghan (Glasgow North West) (SNP)]

My constituent who got caught up in this carry-on has finally received his passport. He is both relieved and grateful for that, but has yet to receive any compensation for lost earnings, lawyers’ fees and NHS fees. This summer, things took an unbelievable turn when he finally tried to sign on for benefits and was told that because he had lost his job four years ago as a result of the situation, he was not eligible because he had not made enough national insurance contributions. If the Government are, as the Minister says, “determined to put it right”, is she working with her colleague, the Secretary of State for Work and Pensions, to sort this out now?

[Caroline Nokes]

When we first became aware of the scale of the Windrush problem, I chaired a ministerial meeting across Government, and the Minister from the Department for Work and Pensions was one of the most proactive Ministers there and determined to make sure that the DWP regarded somebody as eligible if they had an appointment with the Windrush taskforce. That important work continues at an official level. The hon. Lady has raised an individual case. She will have heard me say earlier that the consultation on the compensation scheme closes on 11 October, and we will bring forward a scheme as soon as possible after that, but we are also working with third sector organisations to make sure that advice and support is available for people.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister is a fortunate woman—my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and her excellent Select Committee have done all the work for her. She should get on with implementing their recommendations; it will make her life a lot easier. Those affected in my community in Huddersfield, mainly from Grenada and other parts of the Caribbean, are mostly elderly. This is an all-party, all-Government muck-up, and we are not talking about many people, so let us be generous with the compensation and in giving free access to new passports and citizenship rights. That is what they deserve.

[Caroline Nokes]

I point out to the hon. Gentleman that we have been generous in granting citizenship rights and have been determined, as I said a few moments ago, to find reasons to grant, not reasons to refuse. As I have said, the public consultation on the compensation scheme closes on 11 October, but I urge him to encourage all his constituents who may have been affected to take part in that consultation so that their voices can be heard.

[Wes Streeting (Ilford North) (Lab)]

The Minister and the Government claim that the hostile environment is over, but in Westminster Hall shortly we will be describing the situation of international students who are currently victims of the hostile environment. Is it not the case that the Home Office is in this mess because it continues to come forward with cases on the basis of flimsy evidence; it is losing appeals left, right and centre, trying to deny people access to justice; and, perhaps worst of all, at the same time as victimising people in a David versus Goliath contest in the courts, it is wasting taxpayers’ money hand over fist that should be spent on our schools, our police and our hospitals? Why will she not reinstate the appeals, as the cross-party Home Affairs Committee suggests, and why will she not genuinely end the hostile environment?

[Caroline Nokes]

The hon. Gentleman is indeed leading a debate later this afternoon about English language testing. We are very conscious that there was significant fraud. Many thousands of cases were found to have been fraudulent and many colleges not only closed as a result but were bogus colleges that we had already identified problems with. Where there is systemic fraud and abuse in the immigration system, as we saw with some language testing, it is important that the Government take action, and he will be aware that successive court cases have upheld our position.

[Maria Eagle (Garston and Halewood) (Lab)]

The Minister has said several times that she wishes to ensure that the wrongs done to the Windrush generation are righted. We now know that three people who were wrongly deported have since died. What will her Department do to right the wrongs done to those three families?

[Caroline Nokes]

As the hon. Lady will have heard me say, the Home Secretary has already reached out to individuals impacted and the families of those who have passed away to offer his personal apology. They will of course be entitled to apply to the compensation scheme when that is open.

[Emma Reynolds (Wolverhampton North East) (Lab)]

The Minister is aware of a constituent of mine, Paulette Wilson, a 62-year-old grandmother who came here more than 50 years ago from Jamaica and who was detained at Yarl’s Wood and Heathrow detention centre last year and nearly deported back to Jamaica. I ask my question on behalf of her and all those in a similar situation. I heard what the Minister said about the compensation scheme and the consultation, but can she give a commitment to the House today that the scheme will be operational some time next year so that Paulette and others can be properly compensated?

[Caroline Nokes]

I would like to reassure the hon. Lady on this point. Her constituent’s case was one of those clearly highlighted, of course, and I was pleased that I was able to offer my personal apology to Paulette Wilson. It is imperative that we get the compensation scheme up and running as soon as possible, and I am determined to do that.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

Forgive me, Mr Speaker, but I thought that the Minister’s answer to the hon. Member for Glasgow North (Patrick Grady) was wholly inadequate. What analysis have the Government done of the hostile environment affecting the other communities, such as the Chagos community in my constituency?

[Caroline Nokes]

The hon. Gentleman will be aware that the Government suspended the proactive sharing between Departments of data relating to those over 30 in the context of the compliant environment. It is important for us to ensure that we have a suite of policies that enable us to take action and correctly identify those who have no right to be here, but it is equally important for us to take the appropriate steps when we identify people who have a right to be here. As the hon. Gentleman will have heard earlier from the Minister for Europe and the Americas, my right hon. Friend the Member for Rutland and Melton (Sir Alan Duncan), our policy on the Chagos islanders is long-standing. I have listened carefully to what has been said by both the hon. Gentleman and the hon. Member for Glasgow North (Patrick Grady).

[Kate Green (Stretford and Urmston) (Lab)]

The Minister will be aware that confidence among Windrush families remains low, despite the efforts of the Home Office in recent months. As I have said, publishing Sir Alex Allan’s report in full would certainly provide some reassurance, but what opportunities will those families have to participate in and contribute to the independent lessons learned review as it is rolled out over the next few months?

[Caroline Nokes]

That is an important aspect: individuals should be able to contribute to the lessons learned review, and in many cases it is the personal stories that are most compelling. The Alex Allan review was, of course, an internal review commissioned by the permanent secretary at the Home Office. An executive summary was shared with the House, but the Home Secretary is currently considering whether a redacted version of the report can be published.

[Alex Norris (Nottingham North) (Lab/Co-op)]

In our sixth report on the Windrush generation, the Home Affairs Committee stressed the need for transparency on the Sir Alex Allan report. As the Minister has said, the Home Secretary has promised to consider that, as he has been doing for a number of months. Do those at the Home Office really not understand that if they want to rebuild trust following this fiasco, hiding things that they know is not a good way to start?

[Caroline Nokes]

As I have just said, and as the hon. Gentleman has pointed out, the Home Secretary is currently considering this matter, and I would expect him, rather than me, to come forward with a decision.

[Sir Hugo Swire (East Devon) (Con)]

On a point of order, Mr Speaker.

British Citizenship Fees: Children

Caroline Nokes Excerpts

Tuesday 4th September 2018 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

As ever, it is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on securing this debate. It will come as no surprise to anybody who knows his tenacity that he managed to bag the first slot in Westminster Hall after the summer recess. I thank all Members who participated—they made thoughtful and very good contributions. I also thank the many Members, not all of whom are in the Chamber, who have taken the time to write to me and express their views. I particularly thank the hon. Member for Pontypridd (Owen Smith) for his comments. He is absolutely right that people have been thoughtful in their contributions. However, he did cause some consternation on my side of the Chamber with his new beard, which has changed his appearance to such an extent that we were not quite sure who he was.

Before I respond to the specific points that have been raised, I will set out the current landscape for the fees that we charge for visa, immigration and nationality services. It is important to remind ourselves of the principles that were agreed with Parliament, and which bring significant benefits to the immigration system and everyone in the UK in the form of effective and secure border and immigration functions, reduced general taxation and economic growth.

Under the Immigration Act 2014, and the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 that preceded it, Parliament approved the principle of setting fees charged for visa, immigration and nationality services to reflect the benefits that they bring to successful applicants. Until 2015, all fees that were set at above the cost of providing the service, which included the charge for children to register as British citizens, were subject to affirmative debate in both Houses of Parliament. Under the 2014 Act, Parliament approved the principle of taking a range of additional factors into account, including wider immigration system costs, the promotion of economic growth, international agreements and international comparisons.

[John Howell]

At the Council of Europe, we produced a strategy for the rights of children. It made the point that the system that had been developed for judicial hearings and activity in relation to adults was simply being imported to deal with children, and that that was fundamentally wrong. We are not the only country to do that—the whole of Europe was largely doing that. Does the Minister share that view?

[Caroline Nokes]

I will turn to the rights of children in comments that I will make in response to other Members, so I will come to my hon. Friend’s point very shortly.

The framework of charging, and in particular the principle of setting fees to reflect benefits accruing from a successful application, has enabled us to reflect the value that people get from the services that they receive, with indefinite leave to remain and citizenship rightly being the two most valuable outcomes.

[Stuart C. McDonald]

We are getting to the crux of the matter. Does the Minister accept that the statutory right to citizenship is completely different from an immigration application, indefinite leave to remain, or anything else? These kids have a right to citizenship. It is no more appropriate to charge them an extra fee to subsidise other parts of the immigration and nationality system than it would be to charge any of us a fee for our British nationality. It is a different thing altogether.

[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.

[David Linden]

The Government have a one-size-fits-all approach. When the Minister gave evidence to the Scottish Affairs Committee, she said she would not grant to Scotland the powers she would not grant to Lincolnshire County Council, so it is quite clear that the Home Office does have a one-size-fits-all policy when it comes to UK immigration.

[Caroline Nokes]

I refute that. The Government very clearly have a separate shortage occupation list for Scotland, which I would have made clear at the Scottish Affairs Committee and am doing again today. The Migration Advisory Committee has specifically looked both at sectors and at regions. We absolutely believe that immigration policy should be reserved and I will continue to hold that view. However, I used the opportunity of the parliamentary recess to travel widely—to Scotland, Northern Ireland and, just last week, to Wales—to hold roundtables with business people and to talk to them about the impact of Brexit on labour mobility and their expectations. All of that work is important to me and feeds into the forthcoming policy on immigration post- Brexit.

I hope that I have reassured the hon. Member for Manchester, Gorton that we have got round to looking at this. He asked specific questions about safeguarding children and the impact assessment for immigration and nationality fees. The Home Office takes its responsibility for the welfare of children very seriously. We make sure that we treat children with care and compassion and that is an absolute priority. I want to make it clear to him that citizenship, unlike leave to remain, is not a necessary prerequisite to enable a person to remain in the UK and enjoy any of their convention rights. As such, the Home Office’s view is that there is no breach of the European convention on human rights in requiring a person to pay a fee for citizenship applications.

[Afzal Khan]

Will the Minister explain why it is appropriate that children should pay fees to subsidise a visitor who is coming to Britain for a short period?

[Caroline Nokes]

I would very gently point the hon. Gentleman to the Immigration Act 2014, which gives us the ability to set fees. That has enabled us to look very carefully at the range of services provided by the borders, immigration and citizenship services and to make decisions accordingly. I am sure that he would agree that we want visitors to come to the UK to contribute to our economy. Particularly over the coming months and years, it is absolutely imperative that we make Britain an outward-looking, open country where visitors can come easily and help us to continue our sustained economic growth.

I am committed to reviewing our approach to setting fees for visa, immigration and nationality services, including taking account of the issues raised in this debate, the debate in the House of Lords in June and representations made to me elsewhere. As I have said, with fees from immigration and nationality services bringing in more than £1.3 billion of income per annum, which contributes significantly to our ability to afford and maintain a secure and effective border, decisions have to be taken in the round.

In the meantime, the Government remain entirely committed to maintaining the welfare of children who come into contact with the immigration system, ensuring that they are treated fairly and humanely. I am sure we will return to this issue, and that the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East will not let it go. As I have said, I have noted the strength of feeling expressed by all who have spoken today and I have given my word that I am giving active consideration and am keen to see it brought to a resolution.

TOEIC Visa Cancellations

Caroline Nokes Excerpts

Tuesday 4th September 2018 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I, too, congratulate the hon. Member for Ilford North (Wes Streeting) on securing the debate, and all Members who have contributed. It would be remiss of me not to mention the right hon. Member for East Ham (Stephen Timms), who is detained elsewhere. In his absence, I thank him for his continued scrutiny of the issue, and for first raising TOEIC tests with me when I was a very new Immigration Minister indeed.

I value the contributions that have been made in the debate. I will begin by providing something of an overview, but I thank the hon. Members for Ilford North and for Poplar and Limehouse (Jim Fitzpatrick) for having set the scene quite clearly regarding what was certainly a very big scandal in terms of how the tests went so horribly wrong and became open to abuse and, in some cases, organised criminality.

English language testing for certain immigration purposes was first introduced in 2008. Since reforms in 2011, it has been a requirement for all student visa applicants to prove that they can speak English at an appropriate level. A number have used the qualification provided by the secure English language testing regime, and all private colleges are required to ensure that their sponsored students have a SELT qualification. Thus, individuals who wished to come to the UK to study, or to extend their leave to study, had to submit, where required, an English language test certificate from an approved company licensed by the Government.

Test centres operated on behalf of Educational Testing Services, or ETS as we have often heard it described this afternoon, were the subject of a BBC “Panorama” programme in February 2014 that aired footage of systematic cheating in examinations for the test of English for international communication—TOEIC—at a number of its UK test centres. Facilitated by organised criminals, it typically involved invigilators supplying, or even reading out, answers to entire exam rooms, or gangs of impostors being allowed to step into the exam candidates’ places to sit the test as proxy test-takers, and sitting speaking tests for candidates.

The Government, as one would expect and welcome, took immediate, robust action, which has been measured and proportionate. So far, 21 people have received criminal convictions for their role in the deception and have been sentenced to a total of 68 years’ imprisonment. Only two further live investigations remain.

[Gareth Thomas]

Can the Minister tell the House whether ETS itself is still under criminal investigation? If not, will she take steps to ensure that ETS agrees to release any information reasonably requested by one of its student clients?

[Caroline Nokes]

Unfortunately, I cannot provide a live update on criminal investigations, but I will write to the hon. Gentleman providing him with that information.

The majority of individuals linked to the fraud were sponsored by private colleges, not universities, many of which the Home Office had significant concerns about well before “Panorama”. Indeed, 400 colleges that had sponsored students linked to ETS had already had their licences revoked prior to 2014. ETS had its own licence to provide tests within the UK suspended in February 2014. That licence expired in April of the same year and ETS was removed from the immigration rules on 1 July 2014. Approximately 20% of the tests taken in the UK were provided by ETS prior to its suspension in February 2014.

Over the course of 2014, as we have heard, ETS systematically analysed all the tests taken in the UK dating back to 2011—some 58,458 tests. Analysis of the results identified 33,725 invalid results and 22,694 questionable results. People who used invalid ETS test certificates to obtain immigration leave have had action taken against them. Those with questionable results—more than 22,000 individuals—were given the chance to resit a test or attend an interview before any action was taken.

In appeals, we have sought to provide sufficient evidence to discharge the evidential burden of establishing that fraud was used to obtain a certificate from ETS. The courts have consistently found in our favour that our evidence for invalid cases is enough to act on and creates a reasonable suspicion of fraud. It is then for individuals, through either appeals or judicial reviews, to address that.

Before addressing some of the specific points raised, I add that the issues covered in today’s debate have been looked into very thoroughly by the Home Affairs Committee, which ran an inquiry in 2016. During that inquiry, Ministers and officials from the Home Office answered well over 100 specific questions, and those answers are still detailed on the Committee’s website.

Where we have made removal decisions against those with invalid certificates, we have ensured that any appeal against the decision is properly exercised after removal from the UK. Under the appeals regime that was in place in 2014, many of those who we believed to have committed fraud were given an out-of-country appeal. That had been the position since 2003. As a result of the Immigration Act 2014, there is now a right of appeal only where claims raising asylum, humanitarian protection or human rights issues are refused.

[Lyn Brown]

I have time for the Minister—I often find her speeches considered and reasonable—but I am struggling with what she is saying here. We know that there is a problem, and she is defending, it seems to me, taking people’s liberty away and threatening them with deportation, despite the fact that we know there is a problem with the process. I really want to hear an apology from her, and some understanding of just how unfair, unreasonable and unjust this has been.

[Caroline Nokes]

I am moving on to some additional comments, but we have heard today repeatedly the use of the word “deportation”. Those who have followed this matter carefully will know that deportation happens only to foreign national offenders. Those who have been subject to removals have been removed from the country, not deported. There is a very clear difference between those two scenarios that the hon. Member for West Ham (Lyn Brown) may not agree with, but it happens to be a fact.

The action that the Home Office took was based on information from ETS, but it is incorrect to suggest that we relied exclusively and unquestioningly on the material that it provided. Yes, a senior delegation from the Home Office visited the USA in order to obtain a thorough understanding of the process, but following that, and fully considering the seriousness of the issues for the individuals concerned, we commissioned a further independent expert report from Professor Peter French, chairman of J P French Associates, the forensic speech and acoustics laboratory, and professor of forensic speech science at the University of York, into the reliability of the evidence.

That report, unlike the report produced as part of earlier legal proceedings and quoted extensively in recent coverage of ETS issues, was produced with the benefit of additional evidence about the specific systems that it used to verify matches. With the benefit of more information, Professor French specifically concluded that findings that the previous expert made around high error rates in other models are not

“transferable to the ETS testing”

and that the number of false matches would in fact be very small. He concluded that the triple-lock approach that ETS took was much more likely to give people the benefit of the doubt than falsely flag people as having cheated. The courts, at every level up to the Court of Appeal, have consistently said that that standard of evidence is sufficient to justify making an accusation of fraud. It is then up to an individual to establish an innocent explanation for their involvement, and they can challenge the finding, where applicable, through a judicial review.

A number of Members mentioned the case of Ahsan and out-of-country rights of appeal. That case was indeed heard at the Court of Appeal last year, but did not look at the evidence that the Home Office had relied on to establish that fraud had taken place. The narrow issue that the Court looked at in the Ahsan case was whether an out-of-country appeal would be an effective remedy to the accusation of fraud. It concluded that, in such cases where there was no mechanism for the individual to give oral evidence, that was unlikely to be the case.

Since then, the Home Office has put in place practical arrangements, including video conference links from overseas, to enable appellants to give live evidence at their appeal. Those overseas with outstanding appeals can apply to the tribunal that is hearing their appeal to indicate if they wish to give live evidence. It will then be for the tribunal to decide whether the arrangements that the Home Office can put in place are sufficient or whether it is necessary for the individual to return to the UK.

[Naz Shah]

Does the Minister know how many people have been successful in their out-of-country appeal? Have those who have been successful been offered compensation for the Home Office’s mistakes?

[Caroline Nokes]

The hon. Lady asks whether the Home Office has offered compensation. We have not, because what we have seen in successive High Court judgments is that our ability to rely on an accusation of fraud was appropriate. We heard a lengthy quote from a senior High Court judge, who, it is interesting to note, said in a subsequent case that new evidence that the Home Office had provided was focused and much more substantial. That same judge also found that evidence was sufficient to make our accusation of fraud.

[Afzal Khan]

The question that is being asked is not about the Home Office being right in some cases. The question is, in the cases where it has been wrong, has it offered any compensation?

[Caroline Nokes]

The Home Office has enabled people to take cases to judicial review. The Home Office has established that we can rely on the evidence of fraud that we very clearly have, and the links to criminal gangs. It is important that we recognise that there was significant, widespread and indeed very lucrative fraud taking place in these cases. Our enforcement investigations uncovered evidence of impersonation and of proxy test-takers. I very much regret that this has happened. Innocent applicants may well have been caught up in widespread fraud, but we also have reports from judges that there were a number of different reasons why individuals might have undertaken the deception, even if they spoke very good English.

[Naz Shah]

Will the Minister give way?

[Caroline Nokes]

I have given way plenty of times. I am very clear that we have acted proportionately, both in initial actions and in response to the Court of Appeal’s verdict. We are right to continue acting on these cases.

The Government are committed to the principle of a fair immigration system, which welcomes highly skilled migrants and genuine international students, and we have heard a number of points about the attractiveness of the UK to international students. We know that the number of overseas students applying for tier 4 visas is up and there has been an increase in the number of visas granted, including 9% more from Chinese nationals and 32% more from Indian nationals. The UK remains an attractive place for foreign students to come to. We welcome highly skilled migrants and genuine students, while guarding against attempts at abuse. We have significantly strengthened our secure English language testing regime to ensure the issue cannot be repeated in future, and have put in place additional features to make sure that we clamp down on abuse by non-genuine students.

EU Settlement Scheme

Caroline Nokes Excerpts

Monday 23rd July 2018 Written Statements

[The Minister for Immigration (Caroline Nokes)]

My right hon. Friend the Home Secretary laid before Parliament on Friday 20 July a statement of changes in immigration rules [Cm 9675] concerning the EU settlement scheme for resident EU citizens and their family members. The Government also laid before Parliament on Friday 20 July the Immigration and Nationality (Fees) (Amendment) (EU Exit) Regulations 2018, which provide for the fees and fee exemptions for the scheme.

As set out in the statement of intent published on 21 June 2018, and in my oral statement that day about the scheme (columns 508-520), the EU settlement scheme will be opened on a phased basis from later this year and will be fully open by 30 March 2019, and this will be preceded by a private beta phase to enable us to test the relevant processes and ensure that they work effectively. These measures, together with the Immigration (Provision of Physical Data) (Amendment) (EU Exit) Regulations 2018 on biometric enrolment for the scheme, which were laid on 2 July under the affirmative procedure, will enable this private beta phase to begin from 28 August 2018.

I am very grateful to the 15 public sector organisations set out in the statement of changes in immigration rules which have agreed to take part in the private beta phase. They are 12 NHS Trusts and three universities in the north-west of England, whose relevant employees and students will, if they wish, be able to apply for status under the EU settlement scheme during this period, It is appropriate that the national health service and the higher education sector, which both benefit so greatly from the contribution of EU citizens, should help in this way to establish the EU settlement scheme. As indicated in the statement of intent, we will provide further details in due course of our plans for the phased roll-out of the scheme.

We also continue to expand our wider communications about the EU settlement scheme to ensure that EU citizens and their family members living in the UK are aware of it and of how it will operate, but are also reassured that, in line with the draft withdrawal agreement, they will have plenty of time (until 30 June 2021) in which to apply for status under the scheme.

[HCWS901]

Oral Answers to Questions

Caroline Nokes Excerpts

Monday 16th July 2018 Commons Chamber

[Rosie Cooper (West Lancashire) (Lab)]

3. What recent assessment he has made of the performance of UK Visas and Immigration against its target times for responses to members of the public.

[The Minister for Immigration (Caroline Nokes)]

The UKVI contact centre has set contractual targets for the commercial partner that delivers contact-centre services on its behalf. The achievement of those targets is monitored daily through the service-management team, to assure achievement. The team holds formal board review meetings monthly to review performance against the set key performance indicators.

[Rosie Cooper]

Is the Minister satisfied with the current target times and does she think they are appropriate? My constituent made an application in November 2017 and has not heard a single thing since—nothing.

[Caroline Nokes]

It is important to note that service standards are met in the vast majority of cases. If applications are not straightforward, we do not set a service standard, because we think it is right that applications should be considered thoroughly and in detail.

[Mr John Whittingdale (Maldon) (Con)]

Is my right hon. Friend aware of the chorus of complaints from countries such as Moldova, Ukraine and Georgia, where businessmen who want to come to do trade deals with us—indeed, in some cases Members of Parliament or Government Ministers from those countries—are facing lengthy delays in obtaining visas, and in some cases outright refusal? Will she have another look at the issue? It is doing real damage to our relations with those countries.

[Caroline Nokes]

UKVI issues 2.7 million visas every single year and, as I said, the vast majority are done within our service standards. I am happy to look into my right hon. Friend’s point, because in a Britain that is outward-looking, global and open for business, it is important that visas are issued efficiently.

[David Linden (Glasgow East) (SNP)]

The Home Affairs Committee report on Home Office delivery of Brexit found that a lack of experience among staff resulted in life-changing consequences. What is the Department doing to improve the recruitment and retention of staff to make sure that, while targets are met, the quality of decision making is still ensured?

[Caroline Nokes]

The quality of decision making is of course important. We work closely with our caseworkers to make sure that they have the right level of training. In many instances, we sit senior caseworkers with those who are more junior, until such time as they can be confident in the decisions that they make.

[Sir David Evennett (Bexleyheath and Crayford) (Con)]

Will my right hon. Friend reassure me that UKVI has the resources it needs to be effective and efficient?

[Caroline Nokes]

There is of course a mixture of resources. As we heard from my right hon. Friend the Home Secretary, the fees that are levied for the UKVI service make a contribution towards the cost of that service and towards the wider border costs in general. It is important that we have the right number of staff and that they work efficiently, and we are taking steps to ensure that that is the case.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

Is the Minister aware that delays in responding are one of the biggest problems for the public, for business and for Members of Parliament trying to help their constituents? I have innumerable such cases, including that of Ms Rettie Grace Downer, who submitted an application for further leave in 2005 and whose application is still outstanding 13 years later. Does she recognise the danger of sounding complacent on this issue, and what will she do to further bear down on these unacceptable delays?

[Caroline Nokes]

Although I cannot comment on individual cases, the right hon. Lady has, of course, pointed to a case that was started in 2005 under a previous Labour Administration. I am sure that she will be pleased to hear—[Interruption.] She can shout at me from a sedentary position, but I am sure that she will be pleased to hear that, at a recent away day for border and immigration staff, I made it very clear that one of my highest priorities is making sure that responses to Members of Parliament and the public are of the highest priority so that we see prompt responses.

[Colin Clark (Gordon) (Con)]

4. What recent steps he is taking to tackle knife crime.

--- Later in debate ---

[Chris Stephens (Glasgow South West) (SNP)]

7. Whether he plans to change the fees for immigration and nationality applications; and if he will make a statement.

[The Minister for Immigration (Caroline Nokes)]

The Home Office reviews all immigration and nationality fees annually, with any changes normally implemented in April each year. We currently have no agreed plans to change fee levels, but the process for considering whether any changes are necessary commences in the summer and parliamentary approval has to be gained before any changes are made.

[Chris Stephens]

The Minister will be aware that immigration fees for limited leave to remain have increased by 79% in four years to £1,033 per person, with no reduction for children. Does she appreciate that the cost can be crippling for families with a number of children going through that process, and will she at the very least look at reducing fees for children so that they cover processing alone?

[Caroline Nokes]

I thank the hon. Gentleman for his question. I am of course alive to the points made at recent Home Affairs Committee meetings and in the recent Lords debate on child citizenship fees. In due course, I will also consider the findings of the scheduled review by the independent chief inspector of borders and immigration.

[Charlie Elphicke (Dover) (Ind)]

Will immigration fees and policy be changed after we leave the European Union so that we seek the brightest and best from around the world without fear or favour, be they from India, China, America or, indeed, the European Union?

[Caroline Nokes]

I thank my hon. Friend for his question. He will of course have heard me say that fees are reviewed annually, and we will continue with that policy. He is right, however, to point out that we will still seek to attract the brightest and best, and our future immigration Bill will set out exactly how we intend to do that.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

Does the Minister agree with Mark Thomson, the director general of UK Visas and Immigration, who said at a recent MPs’ casework meeting that those who pay for premium services but do not get their visas on the same day should have their fees returned to them?

[Caroline Nokes]

I was not present at that meeting, so I cannot comment on that specific case, but I am very conscious that Her Majesty’s Passport Office and UKVI work very hard to ensure that we deliver within service standards. Where fees are looked at and there is a genuine case for a refund, we do make refunds.

[Tim Loughton (East Worthing and Shoreham) (Con)]

The Home Affairs Committee’s recent report on the Windrush scandal shows that the whole immigration and nationality application service is hugely complicated, very bureaucratic and needs completely overhauling and streamlining, and that fees bear no relationship to the service’s efficiency or cost. Will the Minister guarantee that the additional costs of sorting out the Windrush scandal will not be used as an excuse, under full cost recovery, to jack up fees yet further?

[Caroline Nokes]

Of course, the lessons learned review that is commencing into Windrush will be an important opportunity for us to review all practices across UKVI and ensure that such an appalling scandal cannot happen again. My hon. Friend will have heard comments about reviews of fees, which happen annually, but I point out that we passed primary legislation in 2014 that allows the Home Office to charge fees that not only recover the cost of individual applications but contribute to the whole borders and immigration system, thus helping to secure our borders and ensure that we are safe.

[Mary Creagh (Wakefield) (Lab)]

8. What his policy is on the treatment of children whose parents are under immigration detention.

[The Minister for Immigration (Caroline Nokes)]

The welfare and safeguarding of children is at the heart of the family returns process, and our policy is clear that we do all we can to keep families together. Other than in exceptional circumstances, a child will not be separated from both parents for immigration purposes. Detention is used sparingly, for the purposes of public protection and removal. We encourage those with no right to remain in the UK to leave voluntarily, and all detainees have the right to bail, which is decided by a judge.

[Mary Creagh]

Despite compelling evidence of the harm caused to children by the indefinite detention of their parents, the Home Office continues to separate them in an arbitrary and cruel manner, but its replies to my questions show that it has no idea how many children are currently separated. The Department paid £50,000 in compensation after a three-year-old girl was unlawfully separated from her father, who was placed in immigration detention. She was reunited with him just days before she was due to be placed for adoption. What is the Minister doing to get a grip on the situation, stop this unlawful practice, tell us how many children are affected and reunite them with their families?

[Caroline Nokes]

In the case raised by the hon. Lady, the Home Office acknowledged its mistakes and indeed paid compensation. It is worth remembering that more than 1,000 children went into detention in 2009, whereas only 44 did so in the last year for which figures are available. The Home Office has taken significant steps to ensure that children are not detained with their parents, and they can be in an immigration removal centre only when they can be removed within 72 hours.

[Neil Gray (Airdrie and Shotts) (SNP)]

This year, Bail for Immigration Detainees has represented 155 parents separated from their children while in immigration detention, yet the Prime Minister states that that is not the Government’s practice. Can the Minister condemn the practice and finally stop it?

[Caroline Nokes]

There is clear and published guidance on how a family unit may be defined, and on the separation of individuals from their family group for immigration reasons. Cases may involve pre-existing separation of family units for non-immigration reasons. For instance, in the case of foreign criminals, children might already have been taken into care when the individual received a custodial sentence.

[Afzal Khan (Manchester, Gorton) (Lab)]

The Prime Minister has condemned Trump’s family separation policy, but this Government’s hostile environment separates parents from their children every day. As my hon. Friend the Member for Wakefield (Mary Creagh) pointed out, last week the Home Office was forced to pay £40,000 in damages for falsely imprisoning a father, unlawfully separating him from his daughter for three months. The Home Office failed at every stage of the process. The Home Secretary has said that he will pause the hostile environment, but immigration detention is a key part of it. Will the Government look again at indefinite detention, and at the use of detention more widely, and publish the Shaw review in good time for us to examine it before the summer recess?

[Caroline Nokes]

The hon. Gentleman will have heard me say that some cases might involve pre-existing separation. As I have highlighted, back in 2009 there were more than 1,000 children in detention, and that number has now been reduced to 44. The Home Office has acknowledged the mistakes that were made in the case he mentioned, but it is important to reflect on the role that detention plays in ensuring that those who have no right to be here and no right to our public services are removed in a timely manner.

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

9. What recent assessment he has made of the effect of changes in the number of police officers on the level of serious crime.

--- Later in debate ---

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

15. What his Department’s target is for the length of time between a person’s immigration application being refused and their being deported from the UK.

[The Minister for Immigration (Caroline Nokes)]

There is no set time, as each case progresses on its own merits. Wherever possible, we afford people the opportunity to arrange a voluntary return to their country of origin. If someone does not comply with our directions to leave the UK, we will pursue an enforced removal. Again, timescales will depend on individual circumstances.

[Gordon Henderson]

I am very grateful to my right hon. Friend for that response, but can she reassure me that the Department is balancing the need to tackle illegal immigration with the need to protect those who have migrated to Britain legally?

[Caroline Nokes]

My hon. Friend is of course absolutely right to point out how important it is that we distinguish between people who settle here legally and those who are here illegally. It is vital that the compliant environment protects vulnerable people and that appropriate safeguards are built into the measures. We remain committed to tackling illegal immigration and to encouraging compliance with our rules and laws.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

This weekend, we learned of an Ethiopian asylum seeker who was removed even before his application had been decided, requiring a court to order his return here. How did that happen, and is it not now time to hand asylum decisions over to an independent body?

[Caroline Nokes]

The hon. Gentleman is absolutely wrong in the final part of his question. It is important that UK Visas and Immigration continues to work to establish people’s right to be here on a fair and humane basis. The Home Office is absolutely committed to making sure that we consider each case on its own merits.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

16. What steps he is taking to provide compensation to Windrush migrants.

--- Later in debate ---

[Sir Edward Leigh (Gainsborough) (Con)]

18. What steps his Department is taking to improve religious literacy among UK Visas and Immigration staff.

[The Minister for Immigration (Caroline Nokes)]

The UK Government value the role of faith in public life in the UK, and protecting religious freedom abroad is important, including in achieving the UK’s vision of a more secure and prosperous United Kingdom with its overseas partners. Within UK Visas and Immigration asylum casework, we continue to engage a range of faith groups to improve our policy guidance and training provided to decision makers, so that we approach claims involving religious persecution and conversion to a particular faith in the appropriate way.

[Sir Edward Leigh]

Will the Minister set up a specialised unit in the Home Office so that we can have some religious literacy on this matter? Nuns and priests seeking to come from Iraq have been asked why they do not have a bank account, with officials seemingly unaware that they have made vows of poverty. A sister from Qaraqosh in Iraq is a perfect example: seeking to visit her sick sister, she was asked why she had not visited her since 2011. Officials were seemingly unaware that ISIS had forced her to flee from her convent and to flee for her life. Please may we have more religious literacy from our officials?

[Caroline Nokes]

When it comes to visitor visas, it is of course important that each case is decided on its own merits, but my hon. Friend makes an excellent point. I am very happy to work with him, so that there can be better training for visa caseworkers so that they understand the specific points he makes about those from religious communities who may have taken a particular vow of poverty.

[Helen Goodman (Bishop Auckland) (Lab)]

The Minister was here for Prayers, so I am sure she will be able to answer the question asked of one of my constituents, whom the Home Office initially wanted to send back to a country where he was persecuted: how many books are there in the Old Testament?

[Caroline Nokes]

I very much regret that despite a good convent education we studied only the New Testament, and I simply do not know.

--- Later in debate ---

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

T4. My constituent Duc Nguyen was a victim of human trafficking to the UK. Despite the Home Office recognising that fact, he was detained and sent to a detention centre at Heathrow. Luckily, he has now been released, but is it not against Home Office policy to detain victims of trafficking? If it is, will the Minister investigate this case to understand why it happened?

[The Minister for Immigration (Caroline Nokes)]

The hon. Gentleman will be aware that when detention is being considered every case must now go through a single detention gatekeeper, but I will undertake to look very closely at the case he raises. Our adults at risk policy, which Stephen Shaw recently reviewed, will be part of the response that the Home Secretary will bring forward before the recess.

[Mrs Sheryll Murray (South East Cornwall) (Con)]

T6. On Thursday, the Brexit Secretary, when discussing the number of people coming to our country post Brexit, said: “we will assert stronger security checks at the border”—[Official Report, 12 July 2018; Vol. 644, c. 1157.]What discussions and agreements have been made with the Irish Government to strengthen the common travel area in a similar way?

--- Later in debate ---

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

T5. I have repeatedly raised with Ministers the shameful condition of the refugee accommodation provided in my constituency by Jomast. Now it is forcing vulnerable asylum seekers into shared rooms with people wholly unrelated to them—a victim of male trafficking forced to share with an older abusive man, for example. Will the Government take action to protect those who have suffered so much or give Newcastle City Council the ability to do so?

[Caroline Nokes]

I was very pleased to meet elected representatives and officials from Newcastle City Council last week, when we discussed dispersed asylum accommodation. The Home Office has worked closely with our providers to improve property standards over the lifetime of the current asylum accommodation contracts and ensure that they continue to provide accommodation that is safe, habitable, fit for purpose and adequately equipped. We will thoroughly investigate any reports of poor property standards.

[Andrew Selous (South West Bedfordshire) (Con)]

T9. Last Wednesday, a lady had her handbag stolen in Dunstable late at night. Although the thief was apprehended by two doorkeepers from a nearby nightclub, no police were able to attend, so the thief got away. That is just one example of the impact of “damping” on the funding of Bedfordshire police, combined with the removal of a 24/7 first responder presence. Does the Minister agree that fresh thinking is needed on how areas such as central Bedfordshire are funded, so that they can regain the 24/7 first responder presence that they have lost?

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

T7. Offshore wind projects such as Rampion, off the coast of my constituency, should provide an opportunity for good jobs in Britain, but the Home Office is continuing to provide immigration rule waivers to allow crews from outside the European economic area to work here. Why is the Home Office undermining good maritime jobs off our coast?

[Caroline Nokes]

Let me reassure the hon. Gentleman. The Home Office is not undermining good maritime jobs; it is working with all partners to ensure that as we leave the EU there are appropriate employment opportunities, which will be set out in the forthcoming immigration White Paper.

[Kevin Foster (Torbay) (Con)]

I know that, in seeking to tackle terrorism, the Home Secretary will always ensure that the security services have the resources and powers that they need, but will he reassure me on one point? Does he agree that, in ensuring that there are no safe spaces for those who wish to do us harm, we should consider tackling the incitement of terrorism in private as well as public settings?

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

T8. Perseid School, in my constituency, is an outstanding special-needs school for those with severe learning difficulties, but it is hard for it to recruit special needs teachers because they were removed from the shortage occupation list in 2013. It has spent thousands trying to get a teacher from Canada. When will special needs teachers be returned to the list?

[Caroline Nokes]

We constantly keep the shortage occupation list under review and work closely with the Migration Advisory Committee to ensure that the appropriate occupations are indeed on that list.

[Kirstene Hair (Angus) (Con)]

My constituency grows more than 30% of Scotland’s soft fruit. Will the Home Secretary meet me so that I can discuss the issues that my local farmers are facing, and we can arrive at solutions sooner rather than later?

--- Later in debate ---

[David Duguid (Banff and Buchan) (Con)]

Tomorrow, my hon. Friend the Member for Moray (Douglas Ross) will lead a debate in Westminster Hall on labour shortages in the inshore fishing industry. Will my right hon. Friend consider reintroducing a concession in the current visa rules that would allow non-EEA fishermen to come to this country to work within the 12-mile limit and support the regeneration of our inshore fishing fleets?

[Caroline Nokes]

Not only will there be that debate tomorrow, but there was an Adjournment debate on the subject last week. I said then, and I repeat now, that we will work closely with the Migration Advisory Committee, whose report is due in September, to understand the specific needs of the fishing industry. I have also offered to meet representatives in Scotland this summer.

[Chris Elmore (Ogmore) (Lab)]

Simon Chesterman of the National Police Chiefs Council has suggested that police officers in rural communities could be routinely armed to avoid the provision of funds for specialist armed response units. Will the Minister provide the funds that those units need, rather than eroding public trust by arming police officers?

Draft Immigration (Provision of Physical Data) (Amendment) (EU Exit) Regulations 2018

Caroline Nokes Excerpts

Monday 16th July 2018 General Committees

[The Minister for Immigration (Caroline Nokes)]

I beg to move,

That the Committee has considered the draft Immigration (Provision of Physical Data) (Amendment) (EU Exit) Regulations 2018.

It is a pleasure to serve under your chairmanship, Sir Christopher. This draft statutory instrument was laid before Parliament on 2 July. On 21 June we published a statement of intent and I made a statement to the House on the European Union settlement scheme. The statement of intent sets out details of how EU citizens and their family members will be able to obtain settled status in the UK. It also sets out how the process will be straightforward and streamlined, and that we will support applicants to get the right outcome.

EU citizens will need to meet three core criteria to be granted status under the EU settlement scheme: proving their identity, showing that they are resident in the UK, and declaring whether they have any criminal convictions. The draft regulations form part of the legislative underpinning for that scheme.

As is currently the case with applications for documents under EU law, the draft regulations will enable us to require EU citizens and their family members to provide a facial photograph as part of their application for status under the settlement scheme. We need that to check their identity and to confirm that the passport or ID card that they have provided belongs to that person, which will help us to identify and to deter any fraudulent application, and to process applications as quickly as possible.

As is also currently the case in the immigration system, non-EU family members applying under the scheme will be required to enrol their fingerprints, unless they already hold a biometric residence card. Recording biometric data and biographical information is important because we can confirm a person’s biographical details and fix them to their unique biometric identifiers, establishing a reliable link between holders and their status. That also allows us to check against existing records to ensure that the person who applies is not known to the police by another identity.

I would like to take this opportunity to reiterate that the EU settlement scheme will deliver on our commitments to administer a straightforward process. We are designing the online application form so that it is short, simple and user-friendly. It will be accessible by computer, tablet or smartphone, with clear guidance every step of the way. EU citizens’ facial photographs will therefore be captured digitally as part of the application process. Those non-EU family members who do not already hold a biometric residence card will need to attend one of our application centres to enrol their fingerprints and facial image.

Approval of the draft regulations is an important step in getting the EU settlement scheme up and running. I commend the regulations to the Committee.

--- Later in debate ---

[Caroline Nokes]

As I set out in my opening remarks, and as I told the House on 21 June, the EU settlement scheme will enable EU citizens and their family members to obtain settled status. We will ensure that there are assisted digital services to enable applicants to complete their applications online, where there are technology or access barriers. UK Visas and Immigration already has an assisted digital service to help the most vulnerable.

[Nic Dakin (Scunthorpe) (Lab)]

Can the Minister explain what a digital assisted service will consist of?

[Caroline Nokes]

I thank the Whip for that question. UKVI staff already travel to individual applicants’ houses in some instances to assist them through the process, but we are hoping to roll this out to a range of other stakeholders, including organisations such as Citizens Advice and Age Concern, which have participated constructively in the various user groups that we have already set up.

[Neil Coyle]

How much money do the Government provide to organisations such as Citizens Advice, bearing in mind that it already sees 50,000 people a quarter as a direct result of universal credit? Does it have the capacity for that, and how much is it being resourced to try to cover the Government’s backside?

[Caroline Nokes]

The hon. Gentleman makes an important point about support to local authorities and to Citizens Advice. We are not seeking to add burdens to those organisations that already provide great service to our constituents.

As I said, EU citizens and their family members who can provide evidence that they have lived here continuously for five years will be eligible for settled status. Those who have lived here for less than five years will generally be granted pre-settled status and be able to apply for settled status once they reach the five-year point.

Alongside the immigration rules and fees regulations that I will lay before Parliament shortly, the regulations that we have debated today will provide the legislative underpinning for an important scheme that I am sure all Members will agree we need to open as soon as possible. EU citizens will need to meet three core criteria to be granted status under the scheme: proving identity, showing that they are resident in the UK, and declaring whether they have any criminal convictions. Collecting biographical information and secure biometric data about applicants is critical to that process.

For those who wish to complete the application entirely online, an app will allow EU citizens to confirm the relevant details remotely on their mobile phone or tablet, or at a location established for them to use the app or be helped to do so. Alternatively, they will be able to send their identity document by post, and a dedicated team will check it and return it without delay.

Secondly, we will establish that the applicant is resident in the UK and, where appropriate, their family relationship to an eligible EU citizen. Where possible, we will do that automatically using employment and benefit records, but applicants will also be able to provide a range of supporting evidence and we will work flexibly with them to help them to evidence their continuous residence.

Thirdly, we will check that the applicant is not a serious or persistent criminal and does not pose a security threat. That is absolutely the right thing to do to protect everyone who lives in the UK. It will not affect the overwhelming majority of EU citizens and their family members.

The biometric regulations will enable us to require EU citizens and their family members to provide a facial photograph as part of their application, which we need to confirm their identity by comparing it with the photograph in their identity document, so as to be satisfied that they are one and the same person. We currently require a facial photograph as part of applications for documents issued under EU law, such as registration certificates and residence cards. As is currently the case across the immigration system, non-EU citizen family members who apply under the scheme will also be required to enrol their fingerprints, unless they already hold a biometric residence card.

Recording biometric data and biographical information is important because it enables us to confirm and fix a person’s details to their unique identifiers, and establishes a reliable link between the holder and their status. It also allows us to check against existing records to ensure that the applicant is not known to the police by another identity.

The withdrawal agreement permits the UK to open the scheme before we exit next March. It will be voluntary while EU citizens and family members exercise their free movement rights. Children under the age of five will not need to provide fingerprints, but we need to take photographs so that children are protected and do not face difficulty evidencing their stay in the UK.

It is for other member states to determine the rights of UK nationals living in the EU, but we are proactively engaging with them to encourage their preparations, alongside our detailed preparations. There is no requirement for comprehensive sickness insurance under the scheme, and that is not a matter for these regulations.

Biometrics will be used and shared only in accordance with the law, which will mainly be for law enforcement purposes or as specified in the regulations as amended. That does not include sharing biometric data with commercial partners. We will retain biometric information only as long as its retention is necessary in connection with an immigration or nationality purpose, and we will normally delete fingerprints 10 years after any leave lapses, unless the person is considered to be a threat of high harm to the UK, in which case we will retain them indefinitely.

[Neil Coyle]

I have a quick question, as I suspect we will not get answers to many of the others. Does the Minister expect the system to be as effectively and sensitively administered as that which affects Commonwealth citizens who are legally entitled to be here but are affected by the Windrush scandal?

[Caroline Nokes]

The hon. Gentleman makes an important point about those Commonwealth citizens who have been affected by issues related to Windrush. The key issue for the Windrush generation is that they did not have documentation to evidence their legal immigration status, which is why it is so crucial that EU citizens and their family members apply under this scheme, so that they will be able to evidence their status in future.

We have engaged comprehensively with stakeholders throughout the process.

[Stuart C. McDonald]

On the issue of engagement, as I said earlier, the Home Office has repeatedly said that it will not require fingerprints from EU nationals, but these regulations appear to allow for that to happen. Can the Minister clarify that?

[Caroline Nokes]

For absolute clarity, the regulations allow for the collection of fingerprints from the non-EU family members of EU citizens. We will not collect fingerprints from EU citizens.

We have engaged with EU citizens at every stage of the development process, and will continue to do so. We recently set up a user group specifically for vulnerable users, which has enabled us to draw on important and useful information from organisations such as Age UK. We will continue to expand our communications to ensure that EU citizens are aware of the scheme, how it will operate and what information they will need to provide, and that they are reassured that they will have plenty of time to apply for their new UK immigration status.

The issue of fees was raised. That matter was comprehensively examined last week in front of the Exiting the European Union Committee. It is clear that the fee was agreed with the EU when we were conducting the citizens’ rights part of the withdrawal negotiations and, with a process that will take three years to complete, I absolutely expect that the average family will be able to save up the amount required.

[Nic Dakin]

Can the Minister clarify what amount people should be saving up?

[Caroline Nokes]

An adult fee is £65, which is the same amount as the current fee for a permanent residence document. Of course, permanent residence is a status conferred under EU and not UK law, and it will lapse after we have exited the EU. For children it will be £32.50, and for children in care there will be no fee.

[Richard Graham]

It was interesting that the Opposition spokesman, the hon. Member for Manchester, Gorton, called earlier for a prolonged consultation on the regulations while his colleague, the hon. Member for Bermondsey and Old Southwark, asked whether we could introduce them yesterday. Am I not right in thinking that they will come into force 21 days after they are made, and therefore EU nationals living in this country can get on with applying to regulate their status pretty quickly, which could not possibly happen if we had the sort of long consultation that the Opposition are calling for?

[Caroline Nokes]

I thank my hon. Friend for his question. He is, of course, right: we want to crack on with this. To me it is important that we get the settled status scheme up and running, so that the EU citizens who have contributed so much to our community and our economy have the ability to confirm their status without further delay. I therefore hope that the Committee will approve the regulations.

Question put.