Asked by: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment her Department has made of the potential merits of allowing the use of remaining days on EEA Family Permits after the permit category ends on the 30 June 2021 where (a) there have been delays on the processing of the permit prior to that point and (b) the families have faced delays reuniting due to covid-19 restrictions.
Answered by Chris Philp - Minister of State (Home Office)
The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 provided for the temporary continuation of the EEA family permit to 30 June 2021, to allow the family members of EEA citizens with saved EU law rights to accompany them to, or join them in, the UK. After that date, family members will no longer be able to apply for, or use, an EEA family permit to travel to and enter the UK.
Family members wishing to join an EEA citizen who was resident in the UK by the end of the transition period can instead apply for an EU Settlement Scheme family permit, for which there is also no application fee.
Where, from 1 July 2021, an individual arrives at the border with an unexpired EEA family permit and has not applied to the EU Settlement Scheme, they will generally be granted immigration bail, to enable them to make an application here.
Asked by: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to the statutory parenting duties and responsibilities the Government has in respect of looked after children and care leavers and the vulnerabilities and challenges they may face, what steps her Department is taking to ensure that (a) looked after children and (b) legally recognised care leavers (i) have completed applications to the EU Settlement Scheme and (ii) are not affected by (A) late and (B) missed applications.
Answered by Kevin Foster
The Home Office is committed to continuing to engage with local authorities as they undertake their responsibilities to ensure all eligible looked after children and care leavers are supported to make an application to the EUSS. The Home Office will ensure caseworkers liaise with and support applicants to get the status they deserve.
The Home Office remains focused on ensuring all eligible children in care apply in time. It’s recognised however, this vulnerable cohort can change over time, with new children coming into care. We are committed to working with Local Authorities to ensure this work continues after the deadline.
In line with the Citizens’ Rights Agreement, there remains scope, indefinitely, for a person eligible for status under the EUSS to make a late application to the scheme where there are reasonable grounds for their failure to meet the deadline applicable to them.
Where a Local Authority has failed by the relevant deadline to apply to the EU Settlement Scheme on behalf of a child under the age of 18, this would constitute reasonable grounds for the child – including where they are now an adult – to make a late application to the scheme when they become aware of this, for example when they first need to demonstrate their right to work in the UK.
Asked by: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if her Department will make an assessment of the effect of the EU Settlement Scheme on the rights of (a) refugee children and (b) children in care under the UN Convention on the Rights of the Child.
Answered by Kevin Foster
The Home Office is committed to continuing to engage with local authorities as they undertake their responsibilities to ensure all eligible looked after children and care leavers are supported to make an application to the EUSS. The Home Office will ensure caseworkers liaise with and support applicants to get the status they require.
The Home Office remains focused on ensuring all eligible children in care apply in time. It’s recognised however, this vulnerable cohort can change over time, with new children coming into care.
We are committed to working with Local Authorities to ensure this work continues after the deadline.
Asked by: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her Department is taking to review the level of the fee charged for the registration of children as British citizens.
Answered by Kevin Foster
The Home Office has acknowledged the recent judgment and is reviewing the fee in line with its duties under Section 55. In the meantime, the fees set out in the Immigration and Nationality (Fees) Regulations 2018 continue to be charged.
Asked by: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment her Department has made of the potential merits of reducing the cost of visas for foreign national spouses of UK national NHS workers who have worked for the NHS during the covid-19 outbreak.
Answered by Kit Malthouse
The government is hugely grateful for the vital contributions made by NHS staff during the pandemic and have brought in a range of unprecedented measures to ensure the sector is supported fully.
This has included the introduction of a Health and Care Visa, which provides fast track entry, reduced fees and dedicated support for professionals and their families, along with exemption from the Immigration Health Surcharge. Further free 12-month extensions were also announced last week for crucial frontline health workers and their dependents.
Fees, however, apply equally to all those settled in the UK who are seeking to sponsor family members to come to the UK. Relaxing these fees for the family members of NHS workers only, would undermine this principle.
Fees are set taking account of the charging powers provided by Section 68(9) of the Immigration Act 2014, which include the ability set fees based on: the cost of processing the application, the benefits and entitlements provided by a successful application and the wider cost of the Border, Immigration and Citizenship system. Full details of which can be reviewed via the following link:
http://www.legislation.gov.uk/ukpga/2014/22/section/68.
The Home Office keeps fees for immigration and nationality applications under review and ensures they are within the parameters agreed with HM Treasury and Parliament.
Asked by: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment her Department has made of the potential merits of enabling visa applicants who would have to travel between local authority areas to attend a testing centre to undertake online English language testing during the covid-19 outbreak.
Answered by Kevin Foster
As of 13 April 2021, all SELT test centres in the United Kingdom are open, and testing is available with appropriate health and safety measures in place. There are currently no plans to introduce online testing.
Consideration of the feasibility of online testing prior to the award of the current concessions contracts was undertaken in 2019, however it was assessed at the time the maturity of online proctoring technology and its anti-fraud measures were not at a suitable level to ensure the integrity of the SELT.
The Home Office continues to be interested in the opportunities, innovations and new technologies in this space which can be provided to our customers in the future.
Asked by: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent assessment her Department has made of the ability of families to earn enough to meet the increased income threshold requirements for a spouse visa following the covid-19 outbreak.
Answered by Kevin Foster
The Minimum Income Requirement is set at the level which prevents burdens on the taxpayer and promotes integration. We remain committed to those aims but have made relevant adjustments to support those affected by the COVID-19 outbreak. This includes those who have worked for the NHS during the pandemic. Further details are available here:
Many NHS workers and their dependants are also eligible for free visa extensions as set out on GOV.UK here: https://www.gov.uk/coronavirus-health-worker-visa-extension.
The minimum income requirement has not increased since it was first introduced in July 2012 and there are no plans to reduce it.
Asked by: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment her Department has made of whether the spouse visa income threshold should be reduced in the event that one of the spouses works in the NHS.
Answered by Kevin Foster
The Minimum Income Requirement is set at the level which prevents burdens on the taxpayer and promotes integration. We remain committed to those aims but have made relevant adjustments to support those affected by the COVID-19 outbreak. This includes those who have worked for the NHS during the pandemic. Further details are available here:
Many NHS workers and their dependants are also eligible for free visa extensions as set out on GOV.UK here: https://www.gov.uk/coronavirus-health-worker-visa-extension.
The minimum income requirement has not increased since it was first introduced in July 2012 and there are no plans to reduce it.
Asked by: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment her Department has made of the potential merits of reducing the income threshold for spousal visa applications where one of the spouses has worked for the NHS during the covid-19 outbreak.
Answered by Kevin Foster
The Minimum Income Requirement is set at the level which prevents burdens on the taxpayer and promotes integration. We remain committed to those aims but have made relevant adjustments to support those affected by the COVID-19 outbreak. This includes those who have worked for the NHS during the pandemic. Further details are available here:
Many NHS workers and their dependants are also eligible for free visa extensions as set out on GOV.UK here: https://www.gov.uk/coronavirus-health-worker-visa-extension.
The minimum income requirement has not increased since it was first introduced in July 2012 and there are no plans to reduce it.
Asked by: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether time within the UK built up under the NHS visa extension can be used for meeting time threshold requirements for Indefinite Leave to Remain applications.
Answered by Kevin Foster
In April last year the Government introduced the automatic visa extension for those working for the NHS and independent healthcare providers. This scheme extended the visas of eligible workers for 12 months.
The majority of those who have benefitted from this scheme are on visas which have a route to settlement, such as Skilled Worker and its predecessor Tier 2 (General).
For those on a route to settlement, this period of 12 months will count towards the time they need to complete to qualify.