Immigration and Nationality Application Fees

Kevin Foster Excerpts

Thursday 25th March 2021 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

It is a pleasure to serve under your chairmanship, Mr McCabe. I thank the hon. Member for Hackney South and Shoreditch (Meg Hillier) for securing this debate on immigration and nationality application fees. I thank all Members for their contributions to the discussion today. I welcome any opportunity to hear the views of the House on this subject, even if we come from differing points of view.

It has been an interesting debate. I am in no doubt from the contributions made about the strength of feeling. While I will respond to the points raised today, before I do, it might be helpful to set out the current landscape for the fees we charge for visa, immigration and nationality services.

As was touched on by my SNP shadow, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), the Immigration Act 2014 was approved by Parliament under the coalition, during the time when the right hon. Member for Orkney and Shetland (Mr Carmichael) was in the Cabinet. It sets out the governing factors that must be given regard to and are the only matters that can be taken into account when setting fee levels. These are: the costs of administering the service; benefits that are likely to accrue to the applicant on a successful outcome; the cost of operating other parts of the immigration system; the promotion of economic growth; fees charged by or on behalf of Governments of other countries for comparable functions; and any international agreement.

In setting fees, it is important to emphasise the Home Office cannot set or amend fees without obtaining the approval of Parliament. That ensures there are checks and balances in place and that there is full parliamentary oversight of the fees regime, in addition to debates such as that we are having today. Immigration and nationality fees are set within the limits specified by the Immigration and Nationality (Fees) Order 2016, which includes the maximum fee levels that can be charged on each application type or service. That is laid in Parliament and is subject to affirmative resolution procedures.

Individual fee levels are calculated in line with managing public money principles and the powers provided by the Immigration Act 2014. Specific fees are set out in regulations, which are then presented to Parliament and are subject to the negative procedure. The powers agreed by Parliament in 2014 bring benefits to the broader immigration and citizenship system and to the UK in the form of effective and secure border and immigration functions, reduced funding from general taxation and promotion of economic growth.

I turn to the issue that the hon. Member for Hackney South and Shoreditch started with—the simplification and the linked parts of the settlement requirements. As she may be aware, I have recently written to the Home Affairs Committee following a meeting with We Belong, which was a useful opportunity to explore with them their experiences of the current system.

Following the Law Commission report on simplification of the immigration rules in 2020, the Home Office is in the process of looking to simplify the immigration rules. As part of that, we are looking at reviewing the rules on settlement and when people qualify for it. We are examining how we could improve the path to settlement for this particular group of young people. Having met them, I recognise the concerns and the wider impact of being placed on what is effectively an 11-year path to citizenship, allowing 10 years to get to permanent settlement—indefinite leave to remain—and then a year free of immigration restrictions to apply for British citizenship, having received indefinite leave to remain. From what we are hearing, and from looking at the process, we believe that too many are ending up on the 10-year route and that is something we want to look at as part of a process of simplifying the rules and requirements.

We are also clear that there are areas where we should simplify the rules to ensure that there are fewer instances where a lawyer needs to be paid for support in the process, which is a cost that we know people face. I know there are some strong views across the House on this issue, and that has been shown today. I look forward to discussing them further when we look to bring forward our proposals.

It is not just in the settlement group specifically that we are looking to simplify the impact people face. Those who have been following the changes to the rules over the last year may have seen things such as the following. On the student route, if those reapplying have been supporting themselves financially without recourse to public funds for 12 months or more, we do not now ask them to prove it as part of their next application. They can do that, having done it visibly. We have changed the English language qualifications, ending a position that was rather bizarre. Someone who went to a state school and had achieved, say, an A grade at GCSE English language or even an A in A-Level English literature was then asked to pass a secure English language test. We are starting to reform some of our rules to look at the wider impacts.

A particularly interesting one, which I am quite keen on, is looking towards the reuse of biometrics and how we capture biometrics. The right hon. Member for Orkney and Shetland set out quite well exactly what a biometrics appointment can mean, and not just for those looking to make a reapplication for leave to remain here in the UK, but sometimes for those looking to get secure entry clearance. An example highlighted to me was of a couple of cultural performers who were Aboriginal Australians. Thankfully, they came within our generous visitor route provisions for the performance they were going to make. Had they been coming for slightly longer, the most expensive part of their visa application would have been the trip from the outback to their nearest visa application centre to give us their fingerprints and facial biometrics.

To reassure Members, we are looking to make a change. The first step is to look at increasing the amount of biometric reuse in our system. That means people can reapply using the fingerprints and facial images they gave in a previous application. The second part is looking at how we can remotely capture biometrics from those who are making applications for the first time. The right hon. Member for Orkney and Shetland may wish to know that, for example, the vast majority of EEA nationals applying to our skilled worker route will be able to supply the biometrics using an app on their smartphone to check the chip on their passport without visiting a visa application centre.

As some may have picked up, last month we launched an enhancement to the settlement route for British nationals overseas and their households ordinarily resident in Hong Kong by allowing a fully digital application route. This is the first time we have done that for non-EEA nationals, and it allows many Hong Kong special administrative region and, we believe, virtually all British national overseas passport holders the ability to apply from home if they qualify for that route.

[Mr Carmichael]

I am enormously encouraged to hear what the Minister says, and it does sound like common sense. But it does all sound distant. In the meantime, can we not just get machines for enrolment and biometrics in Kirkwall and Lerwick?

[Kevin Foster]

It is not that far distant. We are already allowing people to reuse biometrics, and we are looking to lay some regulations fairly soon. In fact, we had a briefing the other day. I would be very happy to arrange a briefing for the right hon. Member on where we are taking this work. I would say that it builds on the EU settlement scheme, to which, as he will be aware, the vast majority have applied from the comfort of their own home, using a smartphone for about 15 to 20 minutes. We are building on that. It is already with us today and it will be being expanded. We are hoping, for example, all EEA nationals applying into economic migration and study routes will soon be doing so, if they need to, from home. Again, this builds on what we have done with the EU settlement scheme. It is happening.

I appreciate that there is inconvenience for those having to still use the existing system, but it is one that we are looking to quite rapidly roll out over the coming years, ahead of making all status digital by the end of 2024. This is something that, hopefully, the right hon. Member’s constituents will start seeing the benefit of, particularly because biometric readers do not present some of the challenges that he will appreciate come with capturing biometrics for the first time in a global context.

Let me move onto the issue of child citizenship, which I am conscious that a number of Members raised today. I am aware of the great strength of feeling on this issue across the House. As some Members referenced, the Court of Appeal upheld the High Court’s judgment that the Home Office had not demonstrated compliance with its duties under section 55 of the Borders, Citizenship and Immigration Act 2009 in setting the child registration fee—although, to be clear, the court did not strike down the regulations. We are currently carrying out a section 55 assessment to inform a review of the fee. While it would not be appropriate for me to speculate on or predict the outcome of that assessment, including whether the fee currently charged will change, we are taking prompt steps in the light of that judgment to complete the assessment.

It is important to emphasise that becoming a UK citizen is not a specific requirement to enable individuals to live, study and work in the UK and to benefit from many of the public services appropriate to a child or a young adult, most of which come with indefinite leave to remain.

The Home Office ensures that an application can be made for the fee to be waived for certain human rights-based claims for leave to remain, including where the fee is unaffordable or where an individual or family could be rendered destitute on paying the fee. That ensures that the appropriate status can be secured to access any public services required.

[Meg Hillier]

The Minister talked about prompt steps on the section 55 assessment, but what is his definition of “prompt” and when might we expect a result? Waivers are still very complex, as my hon. Friend the Member for Edmonton (Kate Osamor) highlighted, and the process needs a lot of legal support. Many people do not want to go through that regime for fear of failure and in case it jeopardises their wider applications. Is the Minister also looking at the whole approach to fee waivers?

[Kevin Foster]

I appreciate that, as a former Home Office Minister, the hon. Lady might think that “soon”, “nearly” and “shortly” can have different meanings—I can see you smiling as well, Mr McCabe. We are concerned about this, and the hon. Lady will appreciate that we need to make sure we do it correctly and properly, so we will not simply chuck out a timetable from the Dispatch Box today. However, as I say, we are progressing and looking to promptly respond to the court judgment.

It might be helpful if I come on to fees and exceptions, the process of which was raised by numerous hon. Members. To be clear, the Home Office has always provided for exceptions to the need to pay application fees for leave to remain in specific circumstances. The exceptions ensure that the Home Office’s immigration and nationality fees structure complies with our international obligations, such as in relation to refugees, and wider Government policy, such as the protection of spouses from domestic abuse and the protection of vulnerable children.

The hon. Member for Hackney South and Shoreditch asked whether we have looked at fee waivers in recent times, and we have. We recently broadened the fee waiver policy to ensure that considerations of affordability and prospect of destitution are taken into account when assessing applications. The overseas fee waiver policy is also being revised to include an assessment of the criterion of affordability for specified applications under the article 8/human rights route. The revised policy is expected to be in place from August this year. In the meantime, we will consider urgent applications for an overseas fee waiver, although I am sure the hon. Lady will appreciate that with the strong limits on international travel at the moment, the number of people potentially travelling is much lower, for reasons beyond immigration.

In addition, we have also introduced a waiver that will allow for fees to be waived in exceptional circumstances, providing the Department with more flexibility in circumstances where a number of individuals have been significantly impacted by circumstances beyond their control, rather than having to assess each case individually for the fee waiver where there is a group that needs to be accommodated.

Various Members raised the immigration health surcharge. We were clear in our manifesto that it is right that all who may benefit from NHS healthcare have made a contribution to it in line with their immigration status. We recognise that although some who migrate to the UK will pay tax and national insurance contributions from arrival, they will not on average have made the same contribution to the NHS that most UK nationals and permanent residents have made or will make over their working lives. It is therefore fair to require them to make an up-front and proportionate contribution to the NHS, the cost of which compares quite favourably with the type of medical insurance or healthcare charges that those migrating to other countries may face.

The hon. Lady rightly said it is hard to make a direct comparison. For example, many countries, including in Europe, do not provide the comprehensive level of free-at-the-point-of-need healthcare that the national health service here in the UK provides, including to those who have what we deem as a temporary migration status.

We can make a quick comparison. For example, New Zealand requires international students to take out a form of health insurance. Ireland charges for visits to A&E where attendance is without a referral letter from a doctor—of course, there are no charges for urgent and emergency care here in the UK—or charges to see a family doctor and has some hospital charges. Non-EU international students in Ireland are not covered for free medical attention off campus and must have their own private health insurance. And that is to leave aside examples such as the United States of America, where, as all of us recognise, the cost of health insurance to obtain provision that is not even close to what the NHS provides is extreme.

Again, we believe that it is appropriate that this system is in place, although we of course have, with the introduction of the health and care visa and the refunds policy, looked to exempt those who work on the frontline of health and social care, in recognition that their contribution is made through working in such roles.

The Government remain committed to maintaining support for the vulnerable who come into contact with the immigration system and ensuring that they are treated fairly and humanely. By setting fees at the level at which we do and by putting the onus to pay on those who benefit from our services, we reduce the burden on the Exchequer and the wider taxpayers of this country. To be clear, the Home Office does not make a profit from application fees. Fees account for about 70% of the cost of operating the border, immigration and citizenship system, with funding still required from the taxpayer more widely to support the system. Decisions on how the system is funded are complex and require several factors to be carefully balanced to ensure that we can maintain an effective immigration system. In making those decisions, we must also, of course, be mindful of the lessons learned from the Windrush scandal.

Immigration fees have, in the main, remained static now for some time; the last increases were in April 2019. In addition, the Government have introduced comprehensive measures to support people and businesses, including wide-ranging financial support, throughout the global pandemic. Many were available to people working in the country, even with their migration status, given that they were not classed as public funds. For example, the furlough scheme could be used to support someone working on, for example, a skilled worker visa.

As we go forward, the Home Office is committed to playing its part as the world recovers from the devastation of the global coronavirus pandemic. As I touched on earlier, we have introduced the health and care visa. We have also introduced changes to the minimum income and adequate maintenance requirement for those applying to enter or remain in the UK on the basis of their family or private life, so they are not disadvantaged if their income has been affected by the impact of the coronavirus. For example, with those on furlough, we consider them, for immigration assessment purposes, as if they were on 100% of their salary, even if they are receiving only 80% under the furlough scheme. In addition, we have introduced a new points-based system, which we believe is firmer, fairer and works in the interests of the UK, alongside the benefits that simplification of the rules can bring, as I outlined earlier.

We recognise that immigration fees will always be a subject for debate, but they play a vital role in ensuring that we have an effective border and immigration system. We are committed to keeping fees for visa, immigration and nationality services under review, including by taking account of the issues raised in this and previous debates on this matter.