TOEIC: Overseas Students

Debate between Caroline Nokes and Alison Thewliss

Wednesday 24th July 2019 Commons Chamber

[Caroline Nokes]

The hon. Gentleman will be aware that this evidence of cheating came to light in 2014, and evidence of people’s ability to speak English now may have no relation to their ability to speak English back then, given that we are five years on. However, I absolutely refute his accusation that we are no further forward. The written ministerial statement yesterday made it absolutely clear that the Home Secretary has asked officials to review Home Office guidance. The reviewing of that guidance relates to article 8 human rights claims to ensure that we make sensible decisions that are properly balanced in terms of any belief that deception was practised and of the individual’s wider circumstances. Where there are particularly compelling circumstances, we will also look at whether there is more we can do to help people put forward their claim. Given that this cheating was exposed in 2014, it is absolutely evident that people’s circumstances will have changed; they may well have established families in this country, and those children will have a right to an education here. We must put the priority of the families first. It is right that we should seek a mechanism to support people through an article 8 claim so that they can stay, when there are grounds for them to do so.

[Alison Thewliss (Glasgow Central) (SNP)]

I pay tribute to the right hon. Member for East Ham (Stephen Timms) for his work on the APPG on TOEIC, which has exposed so much of what has happened. Many people, including some of my constituents, have been left in limbo. They have faced huge financial costs, and I ask the Minister whether it is possible to look at a compensation scheme for those affected and wrongly accused, because their lives have been ruined. Will she also work with higher and further education institutions to ensure that those who were falsely accused can get back to their studies and get their lives back on track?

[Caroline Nokes]

It is worth reflecting on the fact that many of those caught up in this attended a very small selection of colleges, which have subsequently been shut down. There were very close links between colleges being found to be operating outside their licences and these accusations of cheating. However, I must reflect on the fact that there were over 30,000 cases where there was absolute evidence that people had cheated. There were also 22,000 cases where there were questionable results. All those people were given the opportunity to resit a test. However, it is important to reflect on what my right hon. Friend the Home Secretary said in his statement yesterday: we are looking at the other issues and particularly at whether we can give people who maintain their innocence another opportunity to challenge the finding of deception. However, the independent expert found that the likelihood of false matches was very small indeed and likely to be less than 1%.

Immigration Detention: Victims of Modern Slavery

Debate between Caroline Nokes and Alison Thewliss

Wednesday 17th July 2019 Commons Chamber

[Caroline Nokes]

The Home Office is making good progress in replacing antiquated case-working systems and data platforms, much of which will be complete by March next year, but it is a complex change process and although it will provide us with modern tools to protect and utilise data effectively, it is not an instant fix and will require further investment in the coming years. The changes will also mean that we will be able to act more swiftly to update systems to provide better organisation and granularity of data once they are deployed, but it does not negate the risk that data can be easily misinterpreted and each individual’s journey through the system is different, and aggregated information does not always represent the work undertaken. None the less, we will continue to focus on individual needs.

[Alison Thewliss (Glasgow Central) (SNP)]

My constituent Joel White, from Pollokshields, emailed me 20 minutes ago to say that he is a regular visitor to Dungavel immigration removal centre. He asked me to raise the case of a man that he spoke to recently who said:

“The Home Office don’t tell me nothing—they don’t tell me what’s going on. When I sit down here, I don’t know what is going on. Time is just rolling down the road. You just lose your mind. I just need any help.”

This man has been in Dungavel for six months. He does not know whether he is being removed or whether he is likely to be released at any time. Will the Minister take on such cases and end the scandal of indefinite detention?

[Caroline Nokes]

I reiterate the point that detention can only be maintained where there is a realistic chance of removal within a reasonable timescale. The hon. Lady will have heard me comment earlier about auto-bail applications at two months. An individual in detention can apply for bail at any time. I urge her constituent to provide that advice to the individual concerned.

Immigration Detention: Trafficking and Modern Slavery

Debate between Caroline Nokes and Alison Thewliss

Tuesday 9th July 2019 Westminster Hall

[Alison Thewliss]

The Minister is talking about numbers in the immigration removal centre estate. Will she tell me what has happened to the numbers of people held in the prison estate over that period?

[Caroline Nokes]

I will have to get back to the hon. Lady with precise numbers on those in the prison estate. Of course, it is important to reflect that those in the prison estate will be foreign national offenders who have committed some crime, which has determined that they are worthy of a prison sentence.

Each time an individual is detained, there must be a realistic prospect of removal within a reasonable timescale. Those making detention decisions consider the likely duration of detention necessary in order to effect removal.

I turn to the Shaw reforms. The Home Secretary made clear his commitment to going further and faster with reforms to immigration detention with four main priorities: encouraging and supporting voluntary return; improving support for vulnerable detainees; greater transparency on immigration detention; and a new drive on dignity in detention. We are making real progress in delivering those commitments and have laid the groundwork for that progress to continue.

I emphasise a project that I am sure hon. Members will welcome and support: the development of a series of pilots of alternatives to detention. The first one started in December 2018 with our delivery partner Action Foundation in Newcastle. We have released more than 10 women from Yarl’s Wood immigration removal centre to be supported in the community, and further recruitment into the pilot is under way. We want to divert women at the point of detention into the pilot to fill the remaining places.

I can report progress towards the second pilot. There is interest from several credible potential delivery partners, and we expect to have our chosen delivery partner by August, enabling the second pilot to commence in the autumn. All irregular migrants will be in scope of that project. The United Nations High Commissioner for Refugees is independently evaluating the pilot series, and findings will be fed into the overall evaluation framework that is being developed to monitor progress across all of Shaw’s recommendations so that any findings can be examined within the context of the wider changes to detention across the Home Office. The UNHCR is also creating an independent external reference group to monitor progress and share expertise and best practice.

We are in the process of implementing other changes as a result of the Shaw review. We are introducing detention engagement teams in all IRCs, who are ensuring better induction and improved links between detainees and their caseworkers. We are also piloting the two-month auto-bail referral, which builds on measures introduced in the Immigration Act 2016 to refer cases to the tribunal at the four-month period of detention, and introducing a new drive on dignity in detention to improve facilities in immigration removal centres, including piloting the use of Skype and modernising the facilities. We are bringing greater transparency to immigration detention, and publishing more data, including on deaths and escapes from detention and on pregnant women in detention.

I reassure hon. Members that the Government are committed to providing those being considered for immigration detention with the necessary levels of protection. We have particularly stringent safeguarding arrangements in respect of vulnerable people in the immigration system.

Oral Answers to Questions

Debate between Caroline Nokes and Alison Thewliss

Monday 10th June 2019 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

Thank you, Mr Speaker.

My constituent, Eryaar Popalzai, came to the UK from Afghanistan at the age of 14 some five years ago, as an unaccompanied minor asylum seeker. Since his further submissions in 2017, he has yet to hear anything from the Home Office. He is an incredibly vulnerable young man and has been getting therapy from Freedom from Torture for three years. What do I tell him when he comes to my surgery this Friday?

[Caroline Nokes]

I am happy to take up this specific case with the hon. Lady after questions, if she would like. One of the changes that the Home Office has made over the course of the past few weeks is to ensure that we are prioritising older cases and cases of more vulnerable asylum seekers, so that we can get through the backlog of cases and ensure that people such as her constituent get a response.

Overseas Students: English Language Tests

Debate between Caroline Nokes and Alison Thewliss

Tuesday 30th April 2019 Commons Chamber

[Caroline Nokes]

It is important to note that there have been a number of legal cases where students have challenged the decision through judicial review and subsequent immigration appeals. Some of those cases have been upheld by the courts, but not in all instances was that because those people were not thought to have cheated in the test; it was actually because they had been in the UK for such a long time that they had an established article 8 human rights claim to be here, and the Home Office is taking a pragmatic approach to those cases. However, I am very conscious that we have legislation that requires there to be no in-country right of appeal under the student route, and these people were here under the student route. It is right that we wait for the NAO findings, that we reflect on those and that we find a way forward.

[Alison Thewliss (Glasgow Central) (SNP)]

One of my constituents, who had been in the UK since 2005, was detained in Dungavel for 10 days because the Home Office claimed she had overstayed and had used deception in her TOEIC test. Neither of those things was true. The first tier tribunal found in her favour; the Home Office appealed, and the appeal was thrown out. It appealed to the upper tier tribunal, but the appeal was then withdrawn. My constituent has been fighting the Home Office for five years. Will the Minister apologise to her and let her and her three-year-old daughter get on with their lives?

[Caroline Nokes]

Unfortunately, the hon. Lady has not provided any information, and I cannot comment on an individual case on the Floor of the House, but if she cares to write to me about the case, I will look at it.

Draft Immigration (European Economic Area Nationals) (EU Exit) Order 2019

Debate between Caroline Nokes and Alison Thewliss

Monday 11th March 2019 General Committees

[Caroline Nokes]

The hon. Lady is right to pick up that point. Temporary leave to remain is a mechanism that we intend to use in a no-deal situation, not in a deal situation. In a deal situation, people will have exactly the same rights as they have now to come, apply for the settled status scheme and stay for the duration of their studies. She is right to highlight the issue of those who may be here for longer; these are matters on which we are in intense discussion, both with our EU counterparts and with the Department for Education.

Several hon. Members asked about right to work and right to rent checks. In our December White Paper, the Government made it clear that there will be no changes to the system of right to work or rent checks until the future border and immigration system is introduced at the start of 2021. In the meantime, European economic area nationals will continue to be able to demonstrate a right to work or rent by using a national passport or ID card. Alternatively, they may use the online checking service if they have been granted status under the EU settlement scheme. Non-EEA family members will use Home Office documentation. We have made it clear that we will not require employers to conduct retrospective checks on their existing EEA workers when the future border and immigration system is introduced.

[Alison Thewliss]

rose—

[Caroline Nokes]

I want to cover some more ground, because I am conscious that if I do not complete my comments, there will be a vote at 7.30 pm without my having responded to many of the points that have already been made.

The hon. Member for Central Ayrshire raised the issue of how individuals would know whether they had met the conditions to qualify for automatic leave. The draft order sets out the conditions that need to be met to qualify for automatic leave. They include a person being an EEA or Swiss national; holding an EEA or Swiss passport or national identity card; requiring leave to enter—that is, not having been previously resident in the UK before it leaves the European Union; and being entitled to apply for the EU settlement scheme.

A number of Members raised the issue of enforcement and how we would establish whether people had been here for more than three months. Those EEA and Swiss nationals who arrive after free movement has ended, in a no-deal scenario, should apply for European temporary leave to remain if they wish to stay longer. I am clear on the importance of clear communication, so that individuals understand their status. Upstream communications would seek to ensure that individuals are aware of the requirement to apply for European temporary leave to remain if they wish to stay longer than three months.

The Home Office is working closely with other Departments on communicating the immigration arrangements in a no-deal scenario to key sectors and stakeholders. That includes information on gov.uk to reassure inbound travellers, which went live on the 4th of this month. In addition, preparations are under way for a comprehensive communications campaign in two weeks. As I mentioned, the EU settled status scheme has so far received well over 160,000 applications. I have referred to the SI that will ensure that the scheme fee is lifted and that refunds will be possible.

A number of Members mentioned Windrush; the scheme’s design anticipates many of the Windrush issues. EEA nationals will have plenty of time to make an application. There are dedicated caseworking teams. Support is available for the vulnerable on the phone, in local libraries, in a dedicated call centre, and even in people’s homes. The Home Office has made available £9 million of grants to organisations working with the vulnerable, to enable them to assist those people in the process.

It is important that we provide clear communications on the rights of those in the UK before the UK leaves the EU, and on the requirements for those who arrive after the UK leaves. If EU citizens in the UK prior to exit fail to apply under the settled status scheme, they will not be here actively unlawfully in the same way as clandestine entrants or overstayers. We will give those who have reasonable grounds for missing the deadlines further opportunities to apply.

There was mention of entry via Ireland. We do not operate routine immigration controls on journeys from within the common travel area to the UK. However, EEA and Swiss citizens entering from Ireland will benefit from the leave by order provisions. Those entering from the Crown dependencies will already have leave granted by the islands, recognised by the UK under our integrated legal framework.

The hon. Members for Central Ayrshire and for Glasgow Central raised the subject of women who might be in abusive relationships. We accept a wide range of documents to evidence five years of residence, and dedicated casework teams will help applicants to prove their residence. As I said, we are providing £9 million of funding to help those with vulnerabilities, which is important to ensure they can access the support services we have targeted specifically at them.

I was asked in which circumstances leave would be cancelled at the border. The automatic leave to enter provision will ensure that we can continue to smooth the passage of legitimate travellers through the border, while maintaining the security of the borders. The ability to cancel leave is therefore a key element in making sure we maintain the correct balance.

A question was raised about whether the EU settled status scheme was compliant with the requirements of the general data protection regulation. We take our data protection and security responsibility very seriously. All our data activity must be compliant with the data protection legislation. We want to reassure applicants that we do not allow access to their information by any unauthorised person or body, and can share data only where it is absolutely necessary and where we have a legal basis for doing so.

There are some good examples of where the ability to share data has been of benefit, not least in the settled status scheme’s ability to share information with HMRC and the Department for Work and Pensions; that has enabled a significant majority of those going through the process to have achieved settled status already, without having to provide any additional information. The hon. Member for Gedling spoke about the complexity of the immigration rules, and I have some sympathy with his view. He may not yet be aware of the Law Commission’s consultation on the immigration rules, which is specifically designed to make them simpler and more straightforward, but I urge him and all hon. Members to participate in it.

--- Later in debate ---

[Caroline Nokes]

The suggestion would be that European temporary leave to remain should be about identity and declaration of any criminal convictions, as with the EU settled status scheme, and that it would omit the HMRC check—although the issue is not necessarily an HMRC check, but evidence of residence. The Government will take as evidence of residence a wide variety of proofs; it does not have to be an HMRC check.

The hon. Lady raised the question of conversations between the Home Office and the DWP; I must say that they occur on a regular basis. I am conscious, and not only from matters raised with me by right hon. and hon. Members across the House, that there have been occasional incidents to date, and those are problems we are working hard to iron out with the DWP.

[Alison Thewliss]

The reason I mentioned the £30,000 threshold was to ask whether it would apply to people who are coming in for three months at a time and working.

[Caroline Nokes]

As I said, the hon. Lady is confusing this with the future borders and immigration system, which will enter service in 2021. We are engaging on that threshold over the course of this year. It is absolutely not part of the order and applies not to European temporary leave to remain, but to the future borders and immigration system; I hope that hon. Members have understood that. With that, I commend the order to the Committee.

Question put.

Police, Fire and Rescue Services: Funding Reductions

Debate between Caroline Nokes and Alison Thewliss

Wednesday 20th February 2019 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

It is of course a pleasure to serve under your chairmanship, Mr Hosie. I congratulate the hon. Member for Easington (Grahame Morris) on securing the debate and giving me what I think is my first opportunity to listen to a debate on police funding. I am conscious that, as the spokesman for the Opposition, the hon. Member for Sheffield, Heeley (Louise Haigh), said, many hon. Members have been in this Chamber and the main Chamber discussing this issue on a number of occasions.

I start, as the hon. Member for Easington did, by paying tribute to our police officers and fire and rescue officers across the country for their tireless work in keeping our communities safe. He mentioned in particular Durham’s police and crime commissioner and chief constable. I was reminded the night before last, when an officer was threatened in Romsey in my constituency—an individual has now been charged with possession of a knife in a public place—that such incidents occur across the country and even in the most unexpected locations. Although I cannot comment further on the incident in my constituency, it reminds us that every day and every night officers face significant threats and dangers. I also cannot add to the comments that hon. Members have made about the “Dispatches” programme on Grenfell. The inquiry is ongoing, and I am conscious that I am not the fire Minister. I am not going to say anything that might in any way affect that inquiry, but it is absolutely right to point out that on that night it was our brave public servants who yet again were rushing towards a dangerous situation, not away from it. They were, as the shadow Minister said, putting their lives on the line, and we owe them an enormous debt of gratitude.

I will seek to respond to the comments made by hon. Members in this debate; I think it important to reflect on some of the comments that I have heard and respond to them. Of course, the recent funding settlement represents the biggest rise in police funding since 2010. There is not just more for our local police forces, but more for counter-terrorism and dealing with serious and organised crime.

It is important that the public have trust in the police and that we work as a Government to ensure that the funding is in place to enable the police to carry out their important roles. The ability to raise council tax, which a number of hon. Members mentioned, is taken into account when calculating the amount of Government grant, and the same is true for business rates. Areas that raise low levels of council tax receive higher levels of settlement funding. Reductions in Government funding do not necessarily show the full picture. Council tax has been a significant part of fire funding—on average, 60% of funding for fire and rescue authorities.

We heard interesting comments from—he is now back in his place—the hon. Member for Strangford (Jim Shannon), who talked in particular about preventive work and the impact on loneliness. The hon. Member for Batley and Spen (Tracy Brabin) is here, and of course her predecessor in the House was Jo Cox. I mean no disrespect to the hon. Lady when I say that we still miss Jo every single day, and perhaps more at the current time than previously. She did an enormous amount of work on loneliness, and I am delighted that we now have a loneliness Minister, who has made much of the issue of loneliness among the elderly, the legacy of Jo Cox and the importance of our continuing to emphasise it.

I am struck by the fact that our fire and rescue services up and down the country often do important preventive work with elderly people who live alone in their own home. The importance of checking smoke alarms was mentioned, and Hampshire fire and rescue service has provided me with—I do not know the technical term for the device; I refer to it as “the prodder”. It is a long stick with a hand on the end of it, so people do not have to stand on a chair to test their smoke alarm, which is a crucial way of avoiding accidents. It might seem a simple, straightforward and slightly odd-looking device, but it serves two purposes—not only is it easier for people to check their smoke alarms, but they are not putting themselves at risk by climbing up to do so.

When my daughter was in year 2 at school, she went on a visit to a fire station in Salisbury—the shadow Minister mentioned Wiltshire fire and rescue service— and she was given a fridge magnet. That might seem a simple thing for a year 2 child, but she is now 20 and that magnet is still on my fridge. Every month I have to write in the date with a specially provided pen that indicates when I last checked my smoke alarm. Such important preventive work continues across the country, and many fire and rescue services continue to do such work. Our fire station in Romsey has an annual “check the safety of your electric blanket day”. Perhaps we are particularly soft southerners who need electric blankets, but they can pose a significant fire risk and it is important that they have an annual health check.

Part of our fire reform programme is about establishing the independent fire inspectorate service, and although only the first 14 service reports are complete, questions have been raised about the extent of the focus on fire prevention, which is part of the inspection process. In a speech in January my right hon. Friend the Minister for Policing and the Fire Service raised with fire leaders the importance of preventive work.

The changing nature of rescues was rightly mentioned by the hon. Member for Glasgow Central (Alison Thewliss). Although traditional fires are fortunately decreasing, rescues of different types are on the increase—for instance, the crucial work done by fire and rescue services on our motorway network, or in more recent years the work with flooding and assisting those who have been flooded out of their homes. As well as saving individuals, those services also do important pumping work.

The changing nature of crime has also had an impact on our police forces. I was struck by the comments of the hon. Member for Batley and Spen about child sexual exploitation, and sadly we have seen increasing reports of that horrific crime. There has been not only an increase in crime, but an increase in the confidence of victims to come forward. These are incredibly complex, difficult and sensitive crimes to investigate; we must ensure that our police can respond whenever such occurrences are reported and that they have the resource and ability to investigate. I am routinely struck by the increase in cyber-crime, which a few short years ago was not even heard of. Criminals are incredibly resourceful and adaptive and they will find opportunities wherever they exist. Our police forces must be equally adaptive and able to take important preventive action.

I am sure that hon. Members will comment on what I say about funding, but the House has approved total funding for policing of up to £14 billion for 2019-20, which is an increase of up to £970 million compared with 2018-19, including the precept pensions funding and national investment. We reviewed the changing and increasingly complex demands on police; the settlement will enable them to meet the financial pressures they face next year, while continuing to recruit and fill capability gaps, such as the shortage of detectives. If all police and crime commissioners use their precept flexibility in full next year, there will be a total increase in police funding of £2 billion between 2015-16 and 2019-20.

We are increasing Government grants to police and crime commissioners by £161 million, with every police and crime commissioner’s grant funding protected in real terms. They are being empowered to raise council tax contributions for local policing by up to £2 a month per household, which could raise up to £509 million. Elected PCCs have made the case for raising local tax from their electorate, and they are accountable for delivering a return on that public investment. That additional funding of up to £970 million will enable the police to manage their additional pension costs of approximately £330 million next year, while continuing to address capability issues. The police need to use that money well, which means every force saving money on procurement and back-office functions so that it can be invested in the frontline. The Home Secretary has been clear: he will prioritise police funding at the spending review.

Turning to the issue of fire funding, fire and rescue services have the resources they need to do their work and keep people safe. Fire and rescue authorities will receive about £2.3 billion in 2019-20. Single purpose fire and rescue authorities will receive an increase in core spending power of 2.3% in cash terms in 2019-20 and an overall increase of 0.3% from 2015-16 to 2019-20. We are also providing additional pension funding in 2019-20 to fire and rescue authorities to ensure that their additional pension cost is limited to £10 million. Financial reserves held by single purpose fire and rescue authorities increased by more than 80% to £545 million between 31 March 2011 and 31 March 2018, which is equivalent to 42% of their core spending power. The sector has made efficiencies, but as by the first tranche of inspections by Her Majesty’s inspectorate of constabulary and fire and rescue services indicated, it can do more to work smarter and to reduce costs. It is important that fire services continues to receive the right level of resources, which is why we work closely with the services to build the evidence to develop a clear proposition for the spending review.

Some issues were raised about neighbourhood policing. I want to put on the record how much we value neighbourhood policing and the vital role that officers play in keeping the public safe. That is why we are enabling police and crime commissioners to increase their cash funding next year, and many PCCs have set out their plans in that regard.

On top of protecting 2019-20 general grant funding in real terms for all police forces in England and Wales, the Government have increased funding for counter-terrorism policing and to combat serious and organised crime.

There was mention of the impact of Brexit, which is not only topical but of real concern. The Government have provided additional funding to Kent police for the particular pressures that they might face with Operations Stack and Brock in their area. Rightly, as part of Brexit planning, we look closely at police resourcing and the additional pressures that might be put on the police. In common with every other Minister, I am working hard to ensure that we get a deal—that is the best way forward for the country—but it is important to plan for all eventualities, and the Government are doing that carefully.

In conclusion, the Government support policing and fire and rescue services to do their vital work by providing the resources that they need. I pay extreme tribute to their very hard work.

[Alison Thewliss]

Before the Minister finishes, I was paying attention to what she was saying but she does not seem to have picked up the issue of VAT in Scotland. Will she give us our money back?

Oral Answers to Questions

Debate between Caroline Nokes and Alison Thewliss

Monday 21st January 2019 Commons Chamber

[Caroline Nokes]

I am glad that the hon. Lady identified her involvement with the Close Campsfield campaign. I am conscious that she was at many of the protests calling for the closure of Campsfield. We are developing options for the future use of the site following the end of the contract, which was, in any case, scheduled to end in May 2019. Although the employment of Mitie staff is a question for Mitie, the company has provided assurances that it is actively engaged with its staff on redeployment options within its business. All detainees have been transferred to other centres where they will be held in decent and dignified conditions.

[Alison Thewliss (Glasgow Central) (SNP)]

7. What recent assessment he has made of the adequacy of the EU settlement scheme.

[The Minister for Immigration (Caroline Nokes)]

The hon. Lady raises the question of how the EU settlement scheme is working. Of course, we know that EU citizens make a huge contribution to our economy and society, and we want them to stay. The first two phases of beta testing have successfully concluded, and the wider public implementation of the scheme has gone live today.

[Alison Thewliss]

I have received a worrying pattern of news about EU citizens in my constituency being denied universal credit because they are deemed not to have the right to reside. This is happening despite the Department for Work and Pensions having access to work history records and other evidence to the contrary. Is this an example of the hostile environment extending to EU citizens before Brexit has even happened, and will the EU settlement scheme have any impact on this?

[Caroline Nokes]

The EU settlement scheme is a really crucial part of making sure that the 3.4 million EU citizens living here can absolutely evidence their right to stay here through a digital status in line with 21st-century requirements. The hon. Lady will have heard my right hon. Friend the Home Secretary talk in positive terms about how important this scheme is. We have now opened the final phase of testing before the whole scheme goes live at the end of March.

Leaving the EU: Rights of EU Citizens

Debate between Caroline Nokes and Alison Thewliss

Monday 5th November 2018 Commons Chamber

[Caroline Nokes]

I thank my hon. Friend for drawing on his family experience. One of the most important things we can do to demonstrate our commitment is to open a settled status scheme, and we have done that. The scheme opened in August for the first private beta testing phase, and we are now in phase 2. There will be a third phase in January after a firebreak so that we can check that the scheme is working as we would want. I am delighted that we have already seen in the region of 1,000 people granted settled status.

[Alison Thewliss (Glasgow Central) (SNP)]

My constituent Robin Adams is a British citizen and an EU citizen, as we all are at the moment. He is working as a lecturer in Sweden, and does not know whether he will be able to continue his work in Sweden or, if he returns, whether his wife, a US citizen, would be able to come back with him. He faces losing his home, his job and his family. What reassurance can the Minister offer him?

[Caroline Nokes]

The hon. Lady will have heard my answer earlier, and there continues to be ongoing work with European counterparts and the EU to make sure that they offer the same clarity and simple status that we have offered for EU citizens who are living here.

The hon. Lady refers to her constituent’s US wife and, of course, under the Surinder Singh rules she will already be eligible to come here with him if they have been living in an EU state for a significant period of time.

Oral Answers to Questions

Debate between Caroline Nokes and Alison Thewliss

Monday 29th October 2018 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

8. What progress his Department is making on establishing the new UKVI service and support centres.

[The Minister for Immigration (Caroline Nokes)]

On 30 November, UKVI’s existing premium service centres will close to undergo refurbishment and conversion to service and support centres. Home Office staff will be given tailored training sessions, enabling them to best serve customers’ needs when the centres reopen in January 2019.

[Alison Thewliss]

Delays in Home Office decision making have been a feature of just about every surgery that I have ever held. Given the recent announcement that some services will be outsourced to Sopra Steria—the same company that managed to lose half a million NHS documents—and the experience that we have had with Serco in Glasgow, will the Minister tell me how on earth this privatisation agenda will help my constituents?

[Caroline Nokes]

It will help the hon. Lady’s constituents by providing a transformed experience for those who may need more face-to-face interaction or help with their applications. At the free appointments, customers will meet experienced frontline staff to help UKVI better to understand their circumstances, take appropriate safeguarding action and validate their documents.

British Citizenship Fees: Children

Debate between Caroline Nokes and Alison Thewliss

Tuesday 4th September 2018 Westminster Hall

[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.

Draft Passport (Fees) Regulations 2018

Debate between Caroline Nokes and Alison Thewliss

Wednesday 28th February 2018 General Committees

[Caroline Nokes]

As I have indicated, there are other facilities that people can use. We have heard that it is perfectly possible to apply on a smartphone, but Age UK is there to support people who want to avail themselves of its services. I noticed that there was some scoffing at the suggestion that people could use computers in schools. The Romsey School and the Mountbatten School, which are community schools in my constituency, welcome in members of the wider community and like to regard themselves as hubs that encourage access. Further education colleges across Hampshire are able to bring their communities in, too, so I dismiss the idea that there is a barrier to communities. Actually, those institutions have discovered that it is a way to have a much more rounded community.

A comment was made about broadband speeds, particularly in Scotland. I note that Ofcom commented in a 2016 report that there was a 79% satisfaction rate, and that broadband take-up in Glasgow in particular has gone up significantly.

[Alison Thewliss]

The Minister seems to have misunderstood my point. I was not talking about broadband speeds in Scotland; I was talking about broadband access—people being able to use a computer and access digital services. That is the issue I was trying to point out. There is a digital divide in cities: many people and communities just do not have access to the internet at all.

[Caroline Nokes]

I regret that I do not have the figures to hand, but I would be interested in the number of smartphones that are used across Glasgow and in the hon. Lady’s constituency. A number of Members mentioned universal credit, which many users of DWP services access via their smartphone or tablet.

The hon. Member for Garston and Halewood asked what percentage of the cost of primary control points would be associated with UK passengers. This increase will enable that to be a 40% contribution, which is still some considerable way from covering the entire cost. However, as the powers in the 2016 Act set out, we will be able to review those costs going forward. Hon. Members will note that, when it comes to priority services, which are, by and large, optional, we have sought to move to quicker full cost recovery.

In certain circumstances, Her Majesty’s Passport Office has the ability to exercise compassion and discretion. I have to say that my experience, even before coming into this role, was that it was always keen to make sure that the best service was delivered to constituents who found themselves in difficult situations in which, at the last minute, an emergency passport is needed, whether for compassionate travel or when somebody had not anticipated that their passport would expire.

Passports are only one way to prove identity, and across Government we certainly seek to encourage people to look at all sorts of different ways to prove their identities, including ambitious plans for digital identity. However, we will continue to make sure that those who need a passport as a form of ID will be able to use it. I point out to the hon. Member for Glasgow East—

[Alison Thewliss]

Central.

[Caroline Nokes]

Central; I apologise. I point out to her that passport fees went down in 2012. She provided us with a comprehensive list of the increases since 2001, but I make no apology for the action of the last Labour Government.

[Caroline Nokes]

I respectfully point out to the hon. Lady that, just because somebody does not have a smartphone, it does not mean that they do not have access to a computer via a library or a desktop computer either at home or at work. As we have heard, a range of steps have been taken, including the work we are doing with ABTA to make the service available in high street travel agencies.

The hon. Member for Garston and Halewood makes an important point on chip failure, although those are rare events. I have to say that I suffer myself from a nine-year-old passport whose chip no longer works. I have never found that to be an impediment to travel, but I cannot use e-passport gates, which makes me very cross. However, I will be renewing the passport shortly. In the event of chip failure, customers can send their passport to us, and if it is confirmed that the chip has failed, we will replace it for free.

An important question was raised about fee waivers. That is a very specific power that we chose to introduce after the recent horrendous tragedy at Grenfell Tower. There was no specific power for Her Majesty’s Passport Office to automatically reissue passports lost in that dreadful tragedy. We have introduced the waiver power, I have to say, sincerely hoping that we are never in a situation in in which we will have to use it. However, as I said, the Passport Office acts with compassion. Certainly when British travellers are overseas and need passport documents restored very quickly, it has a very strong track record in meeting its customer service objectives—I will not say duties. It is absolutely committed to that, and I think it has done well in proving its compassion when those circumstances arise.

As I sought to explain, the planned fee increases are a vital step towards meeting the Government’s ambition for a border, immigration and citizenship system that is increasingly funded by those who use it. They will ensure that we can continue to fund the world-class passport service that British passport holders already receive. There were 46 million passenger crossings through e-passport gates using UK passports in 2017. The UK passport remains excellent value for money. As I have pointed out, fees were reduced in 2012, and there has not been a fee increase since 2009. We currently process 99.9% of straightforward applications within three weeks, and on average, customers making a non-priority application can expect their passport to be issued seven working days after the application is made.

We are committed to meeting the needs and expectations of those who increasingly wish to use digital channels to access Government services, and I am conscious that 33% of applications are already made online. The new fee structure reflects the fact that it costs more to process postal applications than those submitted online, and is in line with key Treasury charging principles.

Operationally, Her Majesty’s Passport Service often works with speed and flexibility to respond to particular customer needs where there is a compassionate case for it. Only recently, the public counter in Glasgow remained open for business despite severe adverse weather conditions, working beyond normal opening times to honour a priority appointment that an applicant had missed due to the bad weather.

With more than 90% of adults in the UK having access to the internet, and third parties being permitted to apply on a person’s behalf, the vast majority of people should face no obstacle to applying online. However, as I have said, we are developing further help for those who wish to apply online but need additional advice or support. We are working to deliver an assisted digital leaflet for relevant support groups to enable them to help their clientele apply online. They will also ensure that their online application route is built in such a way as to be extremely simple to use and compatible with various aids, such as screen readers.

[Alison Thewliss]

Will the Minister give way on that point?

[Caroline Nokes]

For a final time.

[Alison Thewliss]

When does the Minister expect the service to come into force, and will it be before the passport fee increase?

[Caroline Nokes]

As the hon. Lady will know, the passport fee increase is scheduled for March of this year. It is certainly our ambition to make sure that all the assistance is available as soon as is practically possible.

We will continue to provide an excellent service to millions of passport holders and applicants. As such, I commend the draft regulations to the Committee.

Question put,

Draft Immigration and Nationality (Fees) (Amendment) Order 2018

Debate between Caroline Nokes and Alison Thewliss

Monday 5th February 2018 General Committees

[Caroline Nokes]

I thank hon. Members for the consideration they have given to the order. A number of issues were raised, and it is important to clarify some of those. The service described as super premium—mobile biometric testing—is currently used by something in the region of 500 applicants a year. It is a very small number, and the service is used, as my hon. Friend the Member for Scarborough and Whitby mentioned, largely by VIPs—visiting royalty or, often, footballers, and people who are time-poor but well able to pay the current fee of £10,500.

As to the decision to move to an hourly charge, the fee has not yet been set. It will be a maximum of £2,600 an hour. In the vast majority of cases we fully expect the process to be significantly quicker than the four hours it would take to get to the current cost of £10,500, which is the set standard fee regardless of how long the work takes.

I point out to the hon. Member for Glasgow Central that 98.9% of non-settlement visas are decided within three weeks and 85.5% of all settlement visas, including spousal visas, are processed within 12 weeks. It is impossible for us to determine how long each application will take without knowing how complex that application may be. It is fair to say, and I absolutely accept, that there are very long delays for some visa applications, but that is for the very complex cases. The Government have been very successful in turning around easy, straightforward applications. However, where applications are complicated, I hope we all agree that it is absolutely right that they are subject to the level of scrutiny that they need and deserve.

[Alison Thewliss]

The Minister can correct me if I am wrong, but my understanding from my constituents is that, if the initial timescales are not met, they often find that theirs are deemed to be complex cases, because there is no time limit on dealing with those. They are put into a black hole in which it is very difficult to get their cases resolved.

[Caroline Nokes]

I thank the hon. Lady for that comment. If she wants to raise specific cases with me, I am very happy to look at them. However, the reality is that, where issues are complicated and visa applications are not straightforward, it is absolutely right that full rigour is applied to inspecting and determining them.

Immigration White Paper

Debate between Caroline Nokes and Alison Thewliss

Monday 5th February 2018 Commons Chamber

[Caroline Nokes]

Detention will continue to form part of our immigration policy, but I thank the hon. Lady for mentioning the case of Yarl’s Wood. I am going there to visit the immigration removal centre this week, and I have already been to two other removal centres. As the new Immigration Minister, it is imperative that I go and see how our policies are operating, and to seek reassurances where they are required.

[Alison Thewliss (Glasgow Central) (SNP)]

Every Friday at my surgeries, I have a queue of constituents who have issues with the Home Office—everything from entrepreneur visas that have been delayed and refused, to people who cannot get their granny over for a visit. Is it not the case that the Home Office is a Department in so much chaos that there is no way whatever that it will be able to cope with an additional 3 million EU nationals?

[Caroline Nokes]

I absolutely refute the suggestion that we are a Department in chaos. I reassure the hon. Lady that we are determined to ensure that the registration of EU nationals is as simple and straightforward as possible.

Jobcentre Plus Offices: Closure

Debate between Caroline Nokes and Alison Thewliss

Monday 30th January 2017 Commons Chamber

[Caroline Nokes]

No, it is not the hollowing out of public services; it is finding the best way to deliver services to our jobseekers at the most cost-effective price for the taxpayer.

[Alison Thewliss (Glasgow Central) (SNP)]

The proposal to cut the back-office functions at Corunna House and Portcullis House in my constituency came on the back of the proposal to shut the Jobcentre Plus office in Bridgeton, one of eight being closed in the city of Glasgow—and before the consultation which closes tomorrow had even concluded. This proposal is a bolt from the blue, with no consultation with agencies in the city or with the Scottish Government. What do this Government have against the people of Glasgow?

[Caroline Nokes]

The hon. Lady will have heard me say earlier that my hon. Friend the Minister for Employment was in Musselburgh just two weeks ago, and she will remember that the claimant count in her constituency is down 42% since 2010.

DWP Estate

Debate between Caroline Nokes and Alison Thewliss

Wednesday 18th January 2017 Westminster Hall

[Caroline Nokes]

The claimants must come first in the service we deliver to them. We must also deliver value to taxpayers in Scotland and across the rest of the UK.

The Department’s services always have and always will adapt to social trends, and it is right that we reflect the digital revolution. These proposals are the result of careful analysis and planning. I appreciate the concerns of the hon. Member for Rutherglen and Hamilton West about the proposed closures, and I thank her again for securing the debate. I think the rationale for the proposals is clear. The overall number of people claiming the main out-of-work benefits has fallen by more than 1.1 million. The changes are about reducing floor space, not the number of dedicated frontline staff helping claimants back into work.

[Alison Thewliss]

There are six minutes left.

Child Tax Credits

Debate between Caroline Nokes and Alison Thewliss

Wednesday 12th October 2016 Westminster Hall

[Caroline Nokes]

I shall address the impacts of the policy later in my speech.

The Government believe that the policy strikes the right balance between protecting the vulnerable, such as by retaining extra support for families with disabled children, and encouraging families who receive tax credits to make the same financial decisions about the number of children they can afford to support as those families who support themselves solely through work do. Parents will continue to receive help with the cost of raising children through the payment of child benefit, which will continue to be paid regardless of family size.

[Alison Thewliss]

Does the Minister accept that there is a fundamental contradiction in the Government’s saying that they will pay child benefit for as many children as are in a family but not tax credits?

[Caroline Nokes]

No, I do not accept that there is a contradiction. Later in my speech I hope to be able to set out why we have been so specific when it comes to child tax credits.

The separate disability element of child tax credit will remain payable for all disabled children. I should also be clear that those families already receiving child tax credit for children born before 6 April 2017 will continue to receive it. It is important that I pick up on the hon. Lady’s comments about the 63% of families with three or more children who receive tax credits and are in work, whom she said would be affected. She said that it would be pulling the rug out from underneath them, but that is far from the case, because the families she identified—the 63%—already have those children. We are not talking about retrospectively applying the policy; it is for children born after 6 April next year.

The reforms to tax credits cannot be considered in isolation. The Government are committed to making life easier for working families. We want to support parents claiming benefits to get into and stay in work after having a child. From September next year, the Government are extending free childcare entitlement from 15 hours to 30 hours a week for working parents of three and four-year-olds. Alongside the introduction of tax-free childcare, that support gives parents more freedom when making decisions about whether and, indeed, when to return to work.

[Alison Thewliss]

Does the Minister accept that there is a further inconsistency? Tax-free childcare is not limited to the first two children within a family; it is for all children within a family, unlike this limitation that she is seeking to impose.

[Caroline Nokes]

The hon. Lady may not like the response that I keep giving but I will continue to give it. The reality is that the Government want working families and those in receipt of working tax credits to be on the same footing and to make the same difficult decisions. I have no doubt that there will be people in this Chamber who have made difficult decisions about how many children that they wish to have and can afford to have. This issue is about fairness for all families.

Of course, as the hon. Lady will be aware, roll-out of universal credit, the Government’s flagship welfare reform, is continuing. Universal credit is already transforming lives across the country, with those in universal credit moving into work significantly faster and staying in work longer than under the old system. We are now expanding universal credit to all claimants across the country, so that everyone has the chance to benefit from the dignity of a job, the pride of a pay packet and the security that comes from being able to support their family.

The evidence shows us that universal credit is working. As I say, people move into work faster than before. For every 100 people who find work under the old jobseeker’s allowance system, 113 universal credit claimants have found a job. People on universal credit spend more time than before looking for a job—in fact, around 50% more time—and they are actively looking to increase their hours and their earnings.

More than a quarter of a million people are now receiving universal credit, with some 12,500 new claims every week. We have already launched universal credit full service in Musselburgh and Inverness, and next month we are rolling it out to Kirkintilloch, Port Glasgow and Greenock. I have had the pleasure of visiting both live service and full service jobcentres in Barnsbury and Newcastle. I was impressed by what I saw, including the commitment of the work coaches, and indeed their sensitivity and ability to respond to the different circumstances and the different needs of individual claimants.

[Alison Thewliss]

indicated dissent.

[Caroline Nokes]

The hon. Lady shakes her head, but I extend to her an invitation, which I am sure she has already received from others, to visit a local jobcentre, to see for herself how our reforms are working in action.

We also recognise that some claimants are not able to make the same choices about the number of children in their family as others. The Government have been clear that there will be exemptions for certain groups, and it is worth outlining these groups in some detail. Exemptions apply to third or subsequent children who are part of a multiple birth, where there were previously fewer than two children in the household; to children living long-term with friends or family and who are at risk of entering the care system; or to those children born as a result of rape.

Oral Answers to Questions

Debate between Caroline Nokes and Alison Thewliss

Thursday 21st July 2016 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

6. What assessment the Government have made of the effect on gender equality of their welfare policies.

[The Parliamentary Under-Secretary of State for Welfare Delivery (Caroline Nokes)]

The Government set out our assessment of the impact of the welfare policies in the Welfare Reform and Work Act 2016, with similar assessments for previous changes. Every Government policy change is carefully considered in line with legal obligations.

[Alison Thewliss]

Engender has said that, since 2010, £26 billion of cuts to benefits, tax credits, pay and pensions have been made, and that 85% of that figure has come from women’s income. The statement made yesterday by the Secretary of State for Work and Pensions confirms that the two-child policy and, presumably, the rape clause are carrying on. They will also have an effect on women’s incomes. What is the Minister doing to redress the balance?

[Caroline Nokes]

It is really important to reflect on the economic statistics. There are more women in work than ever before and the roll-out of universal credit will ensure that being in work pays. The reforms we have made are assisting people into work and ensuring that women are at the forefront of that.