Non-UK Armed Forces Personnel: Immigration Requirements

Lord Cryer Excerpts

Wednesday 5th January 2022 Westminster Hall

[Dan Jarvis (Barnsley Central) (Lab)]

I beg to move,

That this House has considered immigration requirements for non-UK armed forces personnel.

It is a pleasure to serve under your chairmanship, Mr Hollobone. I know there is a lot going on today, so I am grateful to see Members here and the shadow Minister and Minister in their places. I also thank the Petitions Committee for its help and the many thousands of people who have added their name to petitions in support of this campaign.

Pay up or pack up. That is the message given by the Government to those who make the journey—often from halfway around the world—to protect our national security. The aim of this long-running and, I am pleased to say, hugely popular campaign is simple: to relieve foreign and Commonwealth-born service personnel and their families of the exorbitant costs they face to make a home in the country for which they risked their lives.

This injustice has gained significant attention in recent times, following the unsuccessful efforts of eight Fijian British Army veterans to bring legal action against the Government. All of them were left fearing destitution and deportation despite the huge sacrifices they made on our behalf. One of the claimants, Taitusi Ratucaucau, a veteran of the campaigns in Iraq and Afghanistan, was handed a £30,000 bill following emergency brain surgery after he was deemed ineligible for free NHS care—a story I did not believe the first time I read it. The veterans lost the legal argument, but make no mistake: it is the Government who lost the moral one.

This issue is by no means a new phenomenon. In 2013, Filimone Lacanivalu, a veteran of the campaigns in Northern Ireland, Bosnia and Afghanistan was given an 11th hour reprieve after spending weeks in a detention centre awaiting removal. That amnesty was only granted following a personal appeal to the Prime Minister and subsequent media pressure. It should not need to be said that landing veterans with massive debts and threatening them with deportation is not the appropriate way to recognise their service.

I am aware that these are exceptional episodes. The Minister will no doubt say, as is rightly the case, that the vast majority of service personnel comply with Home Office requirements. That is not enough.

[John Cryer (Leyton and Wanstead) (Lab)]

I thank my hon. Friend for giving way. I have one of the most mixed constituencies in the country, with a lot of Commonwealth- born constituents, many of whom have served. I have had cases of constituents who have been unable to access benefits because their immigration status is not sorted out, and that is after serving for years in the armed forces. At the very least, it seems deeply ungrateful to people who have travelled halfway across the world, as my hon. Friend says, to serve in the armed forces that they then face destitution because their immigration status is not resolved.

[Dan Jarvis]

My hon. Friend is exactly right. These people have come here in good faith. They have risked all in the service of our country. They have exposed themselves to extraordinary risks. This is not the way to repay the extraordinary service they have offered our country. I hope that the Government in the near future will take the opportunity to close what is essentially a loophole. It would be relatively inexpensive to do so. Morally, it is the right thing to do.

I think it is only fair to say that I am aware of some of the efforts that are being made to update guidance and to increase the length of time that an application can be made in advance of discharge, as well as the ongoing work with the Joining Forces credit union, but we must ensure that the experiences of Taitusi, Filimone and countless others are not repeated.

It is also simply wrong for the Government to profit off the backs of the service of those men and women. Indefinite leave to remain costs each person who applies £2,389. However, the latest available Government data shows that the estimated cost of each application is only £243. That means that a soldier with a partner and two children will be asked to cough up nearly £10,000, £8,500 of which goes straight into the Treasury coffers.

In Afghanistan, foreign and Commonwealth-born soldiers, just like their UK-born comrades, spent months in check points in the blistering heat, surviving on minimal sleep. They were responsible for clearing safe routes with metal detectors. They were shot at while patrolling with back-breaking loads. All the while, families at home were hoping never to receive a knock at the door, though tragically some of them did. They have paid their dues 100 times over. Aged just 19, Pa Njie, a Gambian-born member of the Cheshires, was struck by an improvised explosive device and suffered terrible, life-changing injuries. Pa lost two limbs in the service of our country. Seemingly, that is not enough for the Home Office, which still wants its two grand.

It is worth remembering that this bill lands on the doorstep right at the moment that the person is transitioning to civilian life. It is much needed cash at a crucial time that could have gone on a deposit for a home or an education course.

Whenever this campaign is raised of late, Ministers are quick to highlight the consultation that was launched back in May, which is worth examining further. The response to it, I might add, is already more than three months overdue.