British Citizenship Fees: Children

John Howell Excerpts

Tuesday 4th September 2018 Westminster Hall

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

I beg to move,

That this House has considered fees for registering children as British citizens.

It is good to see you in the Chair, Mr Hollobone. I trust that you are feeling suitably refreshed after the summer recess. What better way to start the new term than by seeking to ensure that all children entitled to British citizenship can access it and not be prevented from doing so by an exorbitant Home Office fee?

I thank colleagues from the different political parties who supported the debate application, the Backbench Business Committee for granting the debate, and everyone who has come along to support it. I also thank the 69 MPs, from every political party in the House of Commons, who have signed early-day motion 1262. Finally, I thank all the campaigning organisations that have been working incredibly hard, including the Children’s Society, Coram Children’s Legal Centre, Let Us Learn, the Project for the Registration of Children as British Citizens—PRCBC—and Amnesty International.

What we all seek is utterly reasonable and a very modest proposal. All we are asking the Home Office to do is to put in place a charging regime for registering children as British citizens that is fair and that allows them to access their right to citizenship, rather than one that leaves them to seek various forms of costly and precarious immigration status and sometimes with no status at all.

[John Howell (Henley) (Con)]

The hon. Gentleman may have seen that my right hon. Friend the Home Secretary has announced that he has asked for a review. Does the hon. Gentleman have an idea of what might come of that?

[Stuart C. McDonald]

I hope good things come of the review, but I suspect that the Minister will be in a better position to provide us with answers.

We seek a system that reflects what Parliament intended when it passed the British Nationality Act 1981—that is, a system that makes it easy for kids with the requisite close connections to Britain to exercise their right to British citizenship, not one that makes money out of them by charging what the Home Secretary himself has described as a “huge” sum of money in order to fund other Home Office work. That is the case in a nutshell. In the remainder of my contribution, I plan to look at what Parliament intended for these children when it passed the legislation in 1981 and then to make the case that what the Home Office has put in place undermines rather than implements those intentions.

In 1983, Parliament scrapped the laws that meant that being born in the United Kingdom was in itself enough to make a person British. As well as being born in Britain, a person now also needs to have a parent who is settled or a UK citizen at the time of their birth. That was an understandable step. Many countries, although not all, have done the same. In a world in which people can live in several countries over their lifetime, place of birth is not necessarily the best way to identify a person’s true home country—the country that the person is most closely connected to and that should take them under its wing. However, in taking that step, Parliament was careful and mindful of the fact that it did not want to leave significant numbers of children for whom Britain is home deprived of that citizenship and the protections, security and stability that the anchor of citizenship can provide, which is precisely why it enacted provisions on registration.

British-born kids who were not automatically British at birth are allowed to register as British if they lived in the UK for the first 10 years of their life; either parent settles or becomes British before the kid turns 18; or if the kid was stateless at birth and lived for five continuous years in this country. Citizenship is their right. There is no discretion for the Home Secretary, although the 1981 Act rightly retained a discretion for the Home Secretary to allow other children to register, including those who came here at an early age and are to all intents and purposes British.

We could one day have a different debate on whether the rules are precisely the right ones and whether they draw the lines in the right place, but I think nobody could disagree that this type of rule was essential. The policy reasons behind them were quite right. In ending jus soli or citizenship by birthplace alone, it was vital to ensure that the thousands of kids for whom Britain was and is home should still enjoy that citizenship. The simple fact is that, by setting exorbitant fees, the Home Office is to all intents and purposes undermining Parliament’s intentions. Too many children cannot access citizenship because the Home Office charges what the Home Secretary has acknowledged is a “huge amount” of money.

When the British Nationality Act came into force in 1983, the fee set for registration applications was £30. In today’s money, that is almost exactly £100. For a quarter of a century, the fee simply represented the administrative cost of processing an application, but from 2007 the Home Office started charging more than the administrative cost. Accelerated increases mean that we have reached the “huge amount” of just over £1,000. The Home Office estimates the cost of processing an application to be £340, so it is creaming off £672 every time a child seeks to access their entitlement to citizenship.

--- Later in debate ---

[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.