Commonwealth Immigration and Visas

Karen Bradley Excerpts

Tuesday 27th January 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

It is a pleasure to serve under your chairmanship, Mr Bone. I congratulate my hon. Friend the Member for Romford (Andrew Rosindell) on securing a debate on this important matter, not least because it gives me a welcome opportunity to provide an update on the progress we have made.

The right hon. Member for Delyn (Mr Hanson) spoke about the links that we have with the Commonwealth, particularly through world war one. On Holocaust memorial day, we should remember the links we need to have across the world. If we understand each other’s way of life, we will see that we all want the same things and we will maintain peace. The Commonwealth and the EU both have an important role to play in that respect. I hate to do this to the right hon. Gentleman, whom I respect enormously, but I am sure that he meant to say “commemorate” rather than “celebrate” world war one. I am sure that the record will be corrected accordingly, because I know that he would not have wished to give a false impression.

I will endeavour to address all the questions that my hon. Friend the Member for Romford has raised. In answer to his first question, which was a request for a meeting, I am happy to agree and I hope that it can be organised shortly.

There is much to be gained from promoting the trade, educational and strategic capabilities of the Commonwealth, and we are doing a lot of work on that. My hon. Friend the Member for Reading West (Alok Sharma) talked about the work that the Government have done to forge links with Commonwealth countries, particularly, in his case, India. I pay tribute to him for his excellent work in, for example, leading trade delegations to ensure that we maximise those opportunities. Businesses in all our constituencies benefit from trade with Europe and with Commonwealth partners. That is incredibly important and should not be forgotten.

I believe that our offer to students to stay in the UK after their studies is an excellent example of the work that we are doing. I will talk later about some of the things we do with students to ensure that Commonwealth students benefit. The building of links with the Commonwealth should never be to the detriment of the security of our borders. As the Minister with responsibility for modern slavery, I am particularly concerned about that. I will talk about how the Commonwealth can assist us in the important work of tackling modern slavery and human trafficking. I know that you have spent many years working on that area, Mr Bone, and I bow to your considerable expertise.

The UK is committed to the Commonwealth and to our relationships with all member states. The Minister of State, Foreign and Commonwealth Office, my right hon. Friend the Member for East Devon (Mr Swire), who has responsibility for the Commonwealth, has championed the UK’s relationship with the organisation, which we value greatly as a symbol of democratic values and prosperity.

The Commonwealth is unique in having a young, vibrant population of more than 2 billion people, nearly half of whom, as my hon. Friend the Member for Stafford (Jeremy Lefroy) pointed out, are in India. It spans every inhabited continent. It is far more than simply a grouping of Governments, and we see potential in its future. That is why we continue to invest so much in the Commonwealth and we want to welcome people from right across it to the UK. There is much that we can do together to further the development of our countries, whether in education, health or trade, and we should take advantage of our shared values to enable us to do so. It is difficult to think of another organisation that brings together the representatives of 53 diverse sovereign states from each and every continent, and that gives each one, large or small, an equal voice in global affairs.

My hon. Friend also mentioned the attractiveness of membership of the Commonwealth. He is absolutely right, and it is incumbent on us all to send out the clear message that membership is a wonderful privilege and that we want to encourage countries to come forward and join with that diverse and exciting group of sovereign states.

Business and trade are areas in which the Commonwealth has great potential. Intra-Commonwealth trade in goods is already worth some £300 billion, built on our inherent advantages of a common language, shared legal principles and a commitment to inherent values and rights. Those advantages provide solid foundations for doing business, and they create a platform for trade, investment, development and, in turn, prosperity. That leads to what we call the Commonwealth effect, which studies suggest is worth between 20% and 50% in trade advantage.

The United Kingdom has a growing economy and a proud history of tolerance and acceptance of those who genuinely need our protection. It is, therefore, no surprise that we are an attractive destination. With that, however, we face particular challenges on all forms of immigration. My hon. Friend the Member for Romford introduced the debate by saying that immigration is a sensitive issue. He is right, but, despite those challenges, we are making significant progress on ensuring that our immigration system works in the national interest. He talked about a broken immigration system, but I do not believe that we have a broken immigration system today. We inherited a broken system of open-door immigration, and the right hon. Member for Delyn was a member of a Government who had an open immigration policy, but this Government have taken significant steps—I will address some of the steps we have taken—to address the important issues of EU and non-EU immigration.

[Andrew Rosindell]

To clarify, I spoke about a broken immigration system, but I commend what the Government are doing to change the shambles that we inherited five years ago. The system is broken in the sense that we have no power to control immigration from the EU. Whoever is in power after the election, no one can decide who comes in from the EU because we have given away that power. In that sense, the system is broken. We have failed to reduce immigration overall, which we promised to do, because we cannot control immigration from Europe; we can control only immigration from outside Europe. That is why I said the system is broken.

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[Karen Bradley]

I understand my hon. Friend’s point, and he will forgive me if I indicated that I understood it differently. The Government have taken significant steps to address that matter, and if we form the next Government, as I fully intend—I apologise to the right hon. Member for Delyn, but I fully intend to be sitting in this seat in 12 weeks’ time—the excellent measures that the Prime Minister set out in his speech close to my constituency in Staffordshire just before Christmas will enable us to take even further steps to ensure that free movement within the EU comes with responsibilities and that we do not have free movement of criminals, which I particularly care about, or for welfare benefits. There is agreement on both sides of the House that access to welfare payments for non-UK nationals should not come without the responsibility of having contributed to the system.

The immigration system plays a strong part in supporting growth and meeting the needs of UK businesses. Migrant workers can fill skills gaps in our labour market and help to boost our economy. However, as the economic recovery continues, we are clear that employers should look first to recruit people who are already in the UK and are already UK nationals.

The Government are aware of the Commonwealth Exchange report “How to Solve a Problem like a Visa”—I commend the Commonwealth Exchange for its engaging title—and we are working with other Commonwealth countries to consider options to improve migration opportunities within the Commonwealth. Although the UK is happy to work with and consider ideas proposed by Commonwealth partners, the UK maintains that immigration and visa controls are a matter for the UK Government. It is important to remind the House—I know this has been mentioned already—that citizens of the majority of Commonwealth countries, 31 out of 53, do not require a visit visa to come to the UK.

My hon. Friend the Member for Romford made the point that visas are an effective tool for the UK in reducing illegal immigration, tackling organised crime and protecting national security. The visit visa regime is an important tool in reducing the national security threat to the UK, allowing us to intervene in a number of ways before someone arrives in the country. We can prevent someone from coming to the UK by refusing a visa or, where appropriate, we can allow travel while setting up an operational response when someone in whom we are interested arrives in the UK. The information provided in the application process also allows us to identify links about which we would not otherwise have known. The backflow of data can be vital to new investigations, and the security and intelligence agencies require a biometric visa regime for all visa nationals.

Visas have a role to play in reducing crime. We can use the application to check whether someone is known to international partners, and we can check a range of databases to see whether someone has a criminal background here in the UK.

Finally, the process helps to tackle illegal immigration. The visa process enables us to check whether the applicant has a genuine reason for coming to the UK and enough money to support themselves. The use of biometrics enables us to lock an individual securely to their identity so that we know who we are dealing with.

As the Minister with responsibility for serious and organised crime, I know it is incredibly important that we keep in mind the security of British nationals with regard to foreign offenders. Commonwealth countries feature in the top 10 nationalities of foreign national offenders and, sadly, the top two nationalities are Commonwealth countries: Jamaica and Nigeria. We are working closely with those countries to ensure that we have upstream work to deal with foreign national offending so that it does not hit our streets, but I want to ensure that people in Romford, Stafford, Staffordshire Moorlands, Delyn, Tamworth and Wellingborough can walk the streets knowing that foreign national offenders are not coming to the UK without our knowledge. We should all recognise that that is incredibly important.

Economic factors are a big part of the decision on whether to impose a visa on a country, as they can be a big pull factor on illegal migration. Nevertheless, because of the traditional ties that we have with the Commonwealth, the UK is arguably more generous in that regard. Eighteen of the 31 Commonwealth countries with visa-free access to the UK, which is more than half, are classed as developing nations by the World Bank, which shows that there is occasionally a different approach to Commonwealth countries. The EU economies, in contrast, are more on the same economic level as the UK, with the majority being in the world’s 50 richest countries based on gross national income per capita per year. Economic criteria are one area of assessment for countries that want EU membership under the accession criteria.

I always think of immigration as being like the movement of air: it moves from high pressure to low. Wind is created when high pressure moves to fill a low-pressure gap. If we consider that high pressure for immigration is poverty, lack of opportunity and lack of education and that countries such as the UK represent low-pressure areas where there are opportunities, jobs and the potential to achieve wealth, it is understandable why people want to move from one to the other. Our job is to ensure that, when we look at the movement of people, we do not get to the point where, continuing the analogy, the low pressure in the UK becomes the high pressure that means we are overburdened—that is a strange analogy, but I hope it makes sense. I like to perceive immigration as being like the movement of air around the world.

Even within the EU, as the Prime Minister has made clear, disparities in income per head, as well as disparities in labour markets and work opportunities, create incentives for migration—let us remember that in the past four and a half years the UK has created more jobs than the rest of the EU put together. That is why the Government have started a debate within Europe on future accessions, such as linking freedom of movement to relative wealth and, of course, limiting the access of EU nationals to welfare and other services.

Visa regimes for some Commonwealth countries are an effective tool for the UK in reducing illegal immigration, tackling organised crime and protecting national security. The visa process enables us to check whether an applicant has a genuine reason for coming to the UK and enough money to support themselves. We take our duty to protect the public extremely seriously and, where foreign national offenders commit serious crimes in the UK, it is right that they are brought to justice and removed from the UK at the earliest opportunity. Since April 2010, we have removed more than 22,000 foreign national offenders. Where a Commonwealth national commits an offence in the UK, we will pursue deportation, unless they were resident in the UK before the commencement of the Immigration Act 1971. Visa regimes are an important part of the UK’s immigration system, which is fair to British citizens and legitimate migrants, and tough on those who flout the rules.

The UK has a flexible policy for visitors that enables people to come for a range of purposes. Work is under way to streamline the policy further and consolidate the routes that will make the system even more accessible and provide greater flexibility. I acknowledge, however, that obtaining a visit visa for the UK is an inconvenience for some, which is why the UK has invested heavily in ensuring that applying for a UK visa is as easy as possible.

My hon. Friend the Member for Stafford spoke about a specific visa case, although I cannot comment on the individual circumstances of that case. It is important that Members of Parliament always raise such cases because, no matter how good the system, there will always be the odd occasion when something does not quite work as it should. I am glad that the lady in question was able to visit the UK, and that my hon. Friend could help her in that regard.

We have upgraded our entire network of visa application centres to increase capacity. We have made our processes less bureaucratic, and we ensure fast turn-around times and offer appointments out of working hours. We have extended our three-to-five-day priority service, which is now available in more than 100 countries, and we have introduced a passport pass-back service in a number of countries so that customers can retain their passport while their UK visa application is being processed. A new super-priority 24-hour visa service, building on the popularity of the three-to-five-day service, has been introduced in India and China and will be extended to New York, Abu Dhabi, Dubai, Manila, Istanbul, Bangkok and Pretoria by April 2015.

My hon. Friend the Member for North West Norfolk (Mr Bellingham) mentioned the hub-and-spoke model for visa applications. We have more than 300 visa application points around the world, connected to a network of decision-making hubs. They are in similar places to the ones I just mentioned: Beijing, Manila, Abu Dhabi, Shanghai, New Delhi, Riyadh, New York, Istanbul, Chennai, Bangkok, Mumbai and Pretoria.

The next generation of the outsourced visa project has delivered the next set of outsourcing contracts for the visa application process, including biometric enrolment, courier services and interviewing facilitation. The new contracts have allowed us to increase the number of application points globally, offer improved customer services including increased access to premium priority services and deliver efficiencies in the visa application process. To increase access to our visa services overseas, we have considered how best to support our operation and our customers, including by extending opening hours in some locations and trialling new “user pays” services in developing markets.

[Jeremy Lefroy]

As for all such important new projects, will the Minister undertake to get a bit of customer feedback, particularly from Members of Parliament, to whom constituents often come as a matter of last resort when, for instance, a business partner, relative or non-governmental organisation worker whom they are supporting has spent weeks or even months trying unsuccessfully to get a visa? Will she consider collecting information from colleagues and seeing how the system can be improved? Clearly, if this is a new system, we will want to ensure that it works as efficiently as possible.

[Karen Bradley]

I assure my hon. Friend that we in the Home Office take seriously all comments and feedback from fellow Members of Parliament on all aspects of our work. He makes an important point about ensuring that we take seriously our colleagues’ feedback when their constituents experience new systems, because that feedback gives us on-the-ground evidence about what is happening and how it is working. I welcome comments from all Members about how the system affects their constituents and those constituents’ families. I have said that all the changes are working, and I hope that we have proved that they are. They provide greater flexibility and choice, and we know that they have been welcomed by many travellers and tour operators.

On longer stays, the UK views the Commonwealth as an important partner in helping the UK to grow. A number of routes are open to Commonwealth citizens who want to work in the UK. There are further provisions specifically for Commonwealth citizens, such as the UK ancestry route. My hon. Friend said that the Commonwealth was a family, and he is right. When I visited Pakistan last year, it was extraordinary how familiar it looked, given how Pakistani culture has become so commonplace within UK culture. The furnishings, the look and the things that we talked about—cricket, for instance—are common across the Commonwealth. In fact, during my visit to Islamabad, I do not think I met anybody who did not have family in Britain.

The UK ancestry route is for Commonwealth citizens with a UK-born grandparent who intend to work in the UK. Applicants do not need to come for a specific job and are not restricted to graduate-level occupations. They may be accompanied by dependants and can apply for indefinite leave to remain after five years’ residence. In 2013, a total of 4,100 UK ancestry visas were issued, including 1,600 to Australians, 500 to Canadians, 1,000 to New Zealanders and 870 to South Africans.

My hon. Friend the Member for Romford mentioned the UK’s youth mobility scheme which, as he rightly said, operates in eight countries, three of which are Commonwealth countries: Australia, Canada and New Zealand. It enables young people to come to the UK for up to two years to experience UK culture. The UK is happy to engage in discussions with any country meeting the YMS eligibility criteria, which include presenting a low immigration risk to the UK, having satisfactory returns arrangements and offering a reciprocal arrangement for young UK nationals. My message to those countries is, “Please come forward and talk to us.” We are open to talking to countries that want to be part of the arrangement to see whether the eligibility requirements and reciprocal arrangements can be put in place to enable young people from the UK and Commonwealth countries to enjoy each other’s culture by living in each other’s countries.

The right hon. Member for Delyn wanted to remove students from the immigration target. That might seem like a quick fix for reducing immigration levels, but it is important that we understand how many students are here in Britain and ensure that they are leaving, as we will be able to do much more effectively when exit checks are introduced this spring, because we know that the student visa route was being exploited. This Government have clamped down on nearly 800 bogus colleges, slashed 45,000 visas from the further education route and cut family visas by nearly one third since we came to power. Our reforms have reduced net migration from outside the EU and, importantly, ensured that our higher and further education systems are not being abused. I caution the right hon. Gentleman against removing student numbers from the net migration figures. Although that might give a short-term boost to the figures, it would not enable the Government to manage the situation, thus leaving the potential for that important route to be abused, as has been the case in the past.

We have an excellent offer for students to stay in the UK after their studies. In April 2012 we closed the old tier 1 post-study work route, which gave two years’ unconditional access to the UK labour market, allowing many students to stay on in low-skilled work. We have replaced it with a more selective system. Graduates who get a graduate job that pays a graduate-level salary can stay in the UK, and there is no limit on their numbers. Also, we have created a scheme for graduate entrepreneurs and doubled the number of places on it to 2,000, as well as creating a new visa for graduates wishing to undertake a corporate internship or professional training related to their degree.

We are continuing to ensure that the scheme for the exceptionally talented attracts those who are already internationally recognised at the highest level as world leaders in their particular field, or who have already demonstrated exceptional promise. We wish to encourage more take-up of that route, and we are working with the endorsing bodies to do so, but the number of places available—1,000—is a limit, not a target. We wish to attract exceptional talent, wherever it comes from.

On 1 December 2014, the UK introduced new “transit without a visa” provisions that make it easier and clearer to transit through the UK. Commonwealth citizens who hold valid exemption documents, including visas for Australia, New Zealand, Canada and the US, which is a close partner, although it is not in the Commonwealth, can transit through the UK without a visa, regardless of where they are travelling. The UK has also reduced the cost of the direct airside transit visa to £30, making it cheaper than the Schengen alternative for the citizens of the 21 Commonwealth countries who need to apply for one.

Also, after a successful pilot, on 17 November last year we launched our new registered traveller scheme. The scheme permits approved members who undergo advanced security checks access to our e-passport gates at Heathrow and Gatwick, or the option to use the EEA queue at Heathrow or a special RT lane at Gatwick, expediting their clearance through the border. The scheme is open only to a select number of countries but, crucially, travellers from Canada, Australia and New Zealand who are aged 18 or over, meet the criteria for the scheme and travel to the UK at least four times a year are eligible to apply. Applicants pay an average membership fee of £50, and since the scheme’s formal launch in November, more than 5,000 regular travellers, almost a quarter of whom come from Canada, Australia and New Zealand, have been approved to join it. Keeping the UK’s borders secure is our priority but, at the same time, we want to welcome legitimate visitors and trade that contribute to the UK economy and to show that we value our links with other countries. Using the latest technology helps us to do both, and the scheme is proving popular with regular travellers.

My hon. Friends the Members for North West Norfolk and for Romford talked about separate entry as a possibility for Commonwealth citizens, or for citizens of those Commonwealth realm countries for which Her Majesty the Queen is Head of State. Any policy or operational decision to create an additional line for Commonwealth nationals at ports must be taken with due regard to the wider operational impact—the likelihood of placing an additional burden on port operators—and the impact on other passengers. That is key to ensuring that any benefits to a limited number of individuals are not outweighed by a negative impact on border security operations more generally by constraining UK Border Force’s flexibility to respond dynamically to fluctuations in passenger flow.

Having visited UK Border Force and seen its work, I can say that there is very careful management of the lines at the borders. We have a registered traveller scheme that enables people who have gone through pre-clearance to go through e-gates, which is the quickest and easiest way to access the UK, and such people include those from Australia, Canada and New Zealand. However, having a separate route for those travellers from Commonwealth countries who do not have registered traveller status would, in many cases, hamper UK Border Force’s ability to deal with fluctuations in arrival flows.

Let me give an example of that. If a flight arrives from Jamaica, it would be highly likely that many of its passengers will be UK nationals who have visited Jamaica, but many other passengers would be Jamaican nationals. Due to the prevalence of foreign national offenders from Jamaica, we need to check those people and ensure that they go through the proper immigration and border gates, as would be the case for people coming from places such as Albania, or perhaps south-east Asia. We want to ensure that those travellers have the right security checks at the border. It would create a problem if we had a separate Commonwealth gate when all the passengers being dealt with had arrived from Commonwealth countries, meaning that there was only a limited number of gates through which those passengers could pass although there were many other gates available for passengers whose flights had not yet arrived.

To give UK Border Force the flexibility it needs, if it felt that it would be appropriate to have specific gates in operation to help its staff, that would be entirely down to the Border Force itself. However, we should not try to restrict it, given how its staff have to manage flows of arriving passengers. It does not want to keep people waiting for longer than the 40-minute target that we have set.

[Andrew Rosindell]

The Minister seems to be saying that people from countries in which the Queen is Head of State—the realms—must go through security checks that are perhaps more stringent than those for an EU citizen. I find that strange, because Australia, New Zealand, and Jamaica, which she mentioned, are countries that have fought for King, Queen and country and stood behind us. They have the Queen as their Head of State, yet we treat people from those countries differently from individuals from European countries with which we have had this new partnership for only a few years—since they joined the EU. I understand why people in the Commonwealth countries feel that we have let them down badly over this issue. Surely this should be about not just operational convenience, but our cousins throughout the world with whom we have so much in common and to whom we owe so much.

[Karen Bradley]

I thank my hon. Friend for his comments, but perhaps I can clarify the situation. This is about having information and knowledge about people who come into the UK to ensure that they will not hurt our citizens. Within the EU, there are information exchanges for criminal records, such as the European criminal records information system, and data are available about criminals’ past activities. As the Minister with responsibility for serious and organised crime, I am determined that we have that same level of information exchange with other countries. Actually, I would like that same level of information exchange across the world.

I have attended meetings with Caribbean Community countries in which I have encouraged them to adopt the kind of criminal information exchange that we have in the EU. If they had that, we could start to have some certainty about how we deal with people travelling to the UK from those countries because we would then have any relevant information about criminals’ past activities.

This process is about the practicalities of how we ensure that people coming into this country are not coming here to do us harm, but so long as we do not have such information about travellers from certain countries—I do not wish to single out Jamaica, but it is the largest source country for foreign national offenders—we must put the security of the British people before anything else. However, if countries meet the eligibility criteria for the registered traveller scheme, travellers from those countries are welcome to join that scheme, as travellers from Australia, New Zealand and Canada have already done, which means that they can access the e-gates that are available to people from members of the European economic area.

Having seen the e-gates in action, I know that they are a good tool for finding any EEA national who is marked as being wanted, a criminal and so on, meaning that UK Border Force can stop them at the border and go through the necessary checks. We are stopping many EEA nationals who try to come through the border via e-gates because those e-gates have great technology that allows digital information to be used to find criminals.

[Andrew Rosindell]

The Minister is absolutely right that the security of the British people has to come first and that we need to know who is coming into our country. If people have a propensity to commit crimes, of course we need to take action to prevent them from coming in. However, does she understand that if someone is a New Zealander, a Jamaican, or from another one of these countries with such close links with the UK, the system might come across as slightly offensive because it suggests that we are worried about criminals coming from in Canada, and that while we can have arrangements with Slovakia and Portugal, we cannot have those same arrangements with New Zealand, Canada and the Bahamas, for example? Surely we can find a way to deal with this situation. She seems to be saying that she is not against the idea in principle, but that it is just a question of getting the practicalities right. Is that the case?

[Karen Bradley]

I thank my hon. Friend for his comments. I do not want to dwell on this issue for too long, because we are running out of time and I would like to cover modern slavery, but I reiterate that an enhanced criminal information exchange is available to us with regard to EU nationals, and that provides information over and above that which we have about non-EU nationals. I want to reach a point at which we have such exchange of criminal information across the board, because that would be a very good thing to keep all of us safe. While we do not have that, however, I am not prepared to put the security of the British people at risk by opening our borders in a way that might create a problem. I hope that he understands that point.

Let me conclude by saying something about the work that we are doing on modern slavery, which we all agree is an international problem. We are committed to working with other countries to prevent individuals from being exploited. Commonwealth countries are often source countries for modern slavery, so we are committed to working with them to tackle the problem. The modern slavery strategy, which was published on 29 November, commits us to raising the profile of modern slavery through the institutions of the Commonwealth and the EU, and to working with partner Governments to implement positive changes in law and practices. It also commits us to identify annually between 20 and 25 priority countries, which will include a number of Commonwealth countries.

Through our links with the Commonwealth and civic organisations such as Rotary, we are trying to ensure that we have on-the-ground information so that we can tackle this issue upstream, so that people are not trafficked and do not become victims of slavery in the UK, and so that we can deal with slavery on the ground. The UK Government are committed to stamping out that abhorrent crime by building on our strong track record in supporting victims and fighting perpetrators. Promoting links with the Commonwealth should not be to the detriment of maintaining the security of our borders, which is what allows us to tackle problems such as modern slavery.

Let me reiterate our commitment to the Commonwealth. We want to welcome citizens from across the Commonwealth to the UK. Britain is open for business. We welcome legitimate students, tourists, business people and others who want to come to this country to contribute. The changes that we have put in place ensure that Britain remains an attractive destination while maintaining the security of our borders. Britain is a place that people want to visit so that they can work hard, study, and enjoy our historic buildings and beautiful countryside.