Ukraine: Urgent Refugee Applications

Debate between Kevin Foster and Alistair Carmichael

Tuesday 8th March 2022 Commons Chamber

[Kevin Foster]

We do have visa application centres in the countries bordering Ukraine, and we have stepped up capacity there, particularly in countries that are in the European economic area. Normally a very small number of EEA nationals need to go to a visa application centre, so we have been bringing in resources from other areas to bolster those centres. There is, in fact, a centre in Moldova. I understand that it has moved to seven-day working, although obviously demand will be very high, and people can apply from any visa application centre where they can get an appointment; they do not need to be in a country immediately bordering Ukraine. As I have said, we continue to expand capacity, and we are considering the position relating to those under 18 and whether they need to provide biometrics.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I think the House would be more impressed by the Minister’s security concerns had his initial response not been to tweet, “Let them pick fruit.” He speaks about complex scenarios. Is he not even a little embarrassed that the United Kingdom, uniquely in Europe, seems to be finding it too difficult to tackle those complex scenarios?

[Kevin Foster]

Again, I would make the point that we have stepped up a system that will grant three years of leave, giving people more permanent status here in the UK and the security to move forward. As we have always said, there is a range of routes available. It should come as no surprise that those countries that are least popular with the Putin regime—ourselves, the US, Canada and Australia—are taking similar approaches.

TOEIC English Language Tests

Debate between Kevin Foster and Alistair Carmichael

Wednesday 9th February 2022 Commons Chamber

[Kevin Foster]

Again, once we have the tribunal determination, we will set out more fully what our response is, rather than speculating today on what that response may be. As I have said, other people are making applications under the status of their private and family life. We have changed our guidance to make it clear that that status is not a block to the application being granted. Obviously, decision makers in the Home Office will now appropriately balance matters of eight years ago with what someone’s private or family life may be today, and look at the proportionate outcome in a case.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

It is pretty clear that today’s urgent question—I congratulate the right hon. Member for East Ham (Stephen Timms) on obtaining it—will not be the last word on this matter. I wonder whether, when we return to this in the fullness of time, the Minister’s answers will look quite as robust as the delivery with which he offers them to the House today. Instead of doubling down on the history of the Home Office’s dealings with ETS, would it not have been better to bring in somebody independent of the Home Office to restore a bit of trust in the system, which is so manifestly lacking?

[Kevin Foster]

We are talking about actions taken during the time of the coalition Government. Obviously, we were grateful for the support of the right hon. Gentleman’s party at that time.

On bringing in independent systems, we have touched on that. There is an ability to appeal decisions to the courts, and we encourage the courts, where there is a case before them, to make a determination, and we have been doing that for some time. Again, we await the tribunal. The right hon. Gentleman is speculating on the outcome. We will see what the outcome actually is and then bring forward what we believe should be the next steps.

EU Settlement Scheme

Debate between Kevin Foster and Alistair Carmichael

Tuesday 29th June 2021 Commons Chamber

[Kevin Foster]

What it shows is that we can deliver a scheme that secures the rights here in the United Kingdom of millions of our neighbours, friends and colleagues, and it also shows how we can deliver using better technology. The vast majority of people have applied literally from the comfort of their own home and have not had to go off to a visa application centre, for example, to prove their identity. With simple rules and criteria—for example, residence, not exercising free movement rights—we could grant a large number of applications fairly quickly. It not only welcomes EU nationals who came in the time of free movement, but it gives some strong lessons that we can take over into the reform and simplification of the rest of our immigration system. We have applied many of the lessons from the EUSS to the start of the British nationals overseas visa route that we created earlier this year, such as online application from home, simple criteria and a digital status that is quickly and easily issued.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

May I say to the Minister that I did exactly what he has enjoined others to do? Some weeks ago, I wrote to all the EU nationals I could identify in my constituency. We publicised the looming deadline in the press, and I have to tell him that it turned up a disturbing number of glitches in the system, not least one involving the inadequacy of certain mobile smartphones for uploading documents. I would have hoped that by this stage of things, those sorts of bugs would have been ironed out of the system, but my experience is very much that they have not.

On the figures that the Minister has given the House today, there remain something in the region of 400,000 unprocessed applications. Making allowance for the fact that there is bound to be a late surge, we might anticipate that there will be some half a million by the time of the close of the deadline. He will be aware that only once an application has been granted is the applicant entitled to the right to healthcare, to work and to rent. They could be liable to charges within the NHS. What does he intend to do for these possibly half a million people while we are waiting for the applications to be processed?

[Kevin Foster]

I am afraid that the right hon. Gentleman is not correct. Those who have an application—[Interruption.] I am not sure why we have Wimbledon on the screens, but anyway—

Immigration and Nationality Application Fees

Debate between Kevin Foster and Alistair Carmichael

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.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Kevin Foster and Alistair Carmichael

Consideration of Lords amendments
Wednesday 4th November 2020 Commons Chamber

[Kevin Foster]

Lords amendment 4B relates to family reunion and unaccompanied asylum-seeking children. I am sure that hon. Members will have in mind the tragic events in the channel last week. Let me reiterate very firmly that the Government are determined to end these dangerous, illegal and unnecessary crossings to ensure that lives are not lost and that ruthless criminal gangs no longer profit from this criminal activity.

As my right hon. Friend the Home Secretary recently announced at the Conservative party conference, we intend to reform our broken asylum system to make it firm but fair. We intend to bring forward legislation next year to deliver this, allowing for a wider debate on the subject. Our reformed system will be fair and compassionate towards those who need our help by welcoming people through safe and legal routes. It will also be firm and stand up for the law-abiding majority by stopping the abuse of the system by those who raise no founded claims through protected routes but do so purely to frustrate the implementation of our immigration law and procedure.

Let me reassure hon. Members that the Government remain committed to the principle of family unity and to supporting vulnerable children. We have a very proud record of providing safety to those who need it through our asylum system and world-leading resettlement schemes, and we are determined that that continues. We have granted protection and other leave to more than 44,000 children seeking protection since 2010. The UK continues to be one of the highest recipients of asylum claims from unaccompanied children across Europe, receiving more claims than any EU member state in 2019, and 20% of all claims made in the EU are in the UK.

The Government understand the importance of this issue, and it is right that we continue to debate it. Lords amendment 4B is well-intentioned in seeking to ensure that adequate protection is in place for vulnerable asylum-seeking children. However, we have made a credible and serious offer to the EU on new arrangements for the family reunion of unaccompanied asylum-seeking children. It remains our goal to negotiate such an agreement. As my noble Friend Baroness Williams announced in the other place on 21 October, in the event of no negotiated outcome, we will pursue bilateral negotiations on post-transition migration issues with mutual interest countries, including on family reunion for unaccompanied asylum-seeking children. Government policy has not changed on this matter.

However, it is worth noting that the UK already provides safe and legal routes for people to join family members in the UK through our existing immigration rules, all of which are unaffected by our exit from the EU, as they apply globally. In the year ending June 2020, the Government issued 6,320 refugee family reunion visas and have issued more than 29,000 in the last five years. This shows that our existing refugee family reunion routes are working well, and these routes will continue to apply, including to people in the EU, after the transition period. Our resettlement schemes were the largest in Europe over the last five years, directly resettling more than 25,000 people from regions of conflict and instability, half of whom were children. During the debate in the other place on 21 October, the Government committed, as part of this vital work, to conduct a review of safe and legal routes into the UK, including those for unaccompanied asylum-seeking children in EU member states to reunite with family members here in the United Kingdom.

The substantive amendment that the Government have tabled in lieu, amendment (a), makes important statutory commitments, demonstrating the Government’s assurances to review legal routes to the UK for people seeking protection in EU member states or seeking to come to the UK to make a protection claim, including for unaccompanied asylum-seeking children to join their family members here in the United Kingdom; to publicly consult on legal routes for unaccompanied asylum-seeking children in the EU seeking to join family members in the UK; to lay a statement before Parliament providing further details of that review and public consultation within three months of the Bill receiving Royal Assent; and to prepare a report on the outcome of the review, publish it and lay it before Parliament. Amendments (b) and (c) concern commencement of the commitment in amendment (a) to lay a statement before Parliament and specify that it will come into force within three months of Royal Assent.

I trust Members will agree that amendment (a) in lieu is substantial and clearly demonstrates how seriously this Government take the issue of family unity for vulnerable children. It is important that we consider these routes, to discourage vulnerable children from making the dangerous and illegal journeys that can result in the kind of tragedy we saw last week. Due to the scope of the Bill, amendment (a) refers only to legal routes for those who have made an application for international protection in an EU member state or are seeking to come to the UK from a member state to claim protection here. However, I can confirm that the review we conduct will be concerned with legal routes from all countries, not just EU member states. That is in line with our new global approach to the future immigration system and ensures that there is no advantage to making a dangerous journey across the Mediterranean, often organised by criminal trafficking gangs. Those granted permission under these routes can instead travel safely—via scheduled air services, for example—to the United Kingdom.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The Minister tells us that the system is working well and that it would be dangerous to change it, and for that reason, the Government are not going to change it. What purpose is served by a consultation in those circumstances?

[Kevin Foster]

We are happy to look at a proper review of the rules. Our current rules apply alongside Dublin for those who are within the EU. We think it is appropriate to take stock, as we are doing with the rest of our migration system, as our arrangements fundamentally change with the European Union. We are happy to make the commitment to review them for the future; that is part of the general stock-take we are doing. It is not unreasonable to highlight our record on resettlement and this country’s commitments and the actions it has taken, compared with the commentary we sometimes hear. I am sorry to hear that the right hon. Member does not see a review of the rules as the way forward, but I am sure that he and his colleagues will look to proactively and positively engage with the discussion that this amendment and the review will engender.

It is now essential that the Bill receives Royal Assent without further delay if key elements of the Government’s future border and immigration system, including the new skilled workers routes as well as social security co-ordination, are to be implemented as planned. Further delay would put at risk the ending of free movement at the end of the transition period, which means the UK would effectively continue to have free movement, but unreciprocated by the European Union, into 2021. We cannot accept a delay to that key manifesto commitment. I therefore hope that, for all the reasons I have outlined today, the House will now support our amendments (a), (b) and (c) in lieu, and the statutory commitments they contain, and disagree with the Lords in their amendment 4B.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Kevin Foster and Alistair Carmichael

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020 Commons Chamber

[Kevin Foster]

I thank my right hon. Friend for his constructive intervention. We will absolutely keep it under review. I gently say that it is not possible to detain someone indefinitely as such; they can apply for immigration bail, and we have to meet a test that says there is a reasonable prospect of their removal. My right hon. Friend will appreciate that, similarly, there are instances where it is out of the Home Office’s hands, or even this jurisdiction’s hands, and we cannot immediately remove someone by a particular day.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Will the Minister give way?

[Kevin Foster]

Very briefly, because I am conscious of the number of Members waiting to speak.

[Mr Carmichael]

Last year, the Government had to pay out £7 million to 272 people who were wrongfully detained. Was that good value for money?

[Kevin Foster]

I can reassure the hon. Gentleman that the law on detention is very similar to that pre-2015, when he was in the Cabinet. Immigration detention is part of our rules, but we have been reducing its use over recent years; again, it should be a last resort when other methods cannot be used. However, I say again with regret that introducing a 28-day limit would allow people to exploit the system and would actually run contrary to our ability to run an effective system.

I turn to Lords amendment 9. I appreciated the chance today and over the weekend to have significant conversations on this subject with my right hon. Friends the Members for Maidenhead (Mrs May) and for Staffordshire Moorlands (Karen Bradley), who have had a strong passion and commitment to this area over a long period. Lords amendment 9 would require arrangements to be made in the immigration rules for the granting of leave to remain to confirmed victims of modern slavery who are EEA citizens, in specified circumstances. We believe that the amendment is unnecessary, for reasons that I will briefly set out.

Currently, confirmed victims of modern slavery who are foreign nationals from non-EEA countries and who do not already have immigration status are automatically considered for a grant of discretionary leave to remain. By “automatically” I mean they do not have to apply for it. Our national referral mechanism arranges for that consideration if, after a decision has been reached, there are conclusive grounds to believe that someone is a victim of modern slavery. EEA citizens are not automatically considered in that way, as many are likely to be exercising free movement rights and therefore do not require a grant of discretionary leave under UK immigration rules. They may, however, apply for discretionary leave if they wish.

However, to address some of the points that have been made, following the end of free movement, EEA confirmed victims who do not already have permission to stay in the UK, for example though our EU settlement scheme, will be treated in the same way as other foreign national victims and therefore receive automatic consideration for a grant of discretionary leave. The published policy will be amended to make that clear beyond 1 January 2021; the recent publication reflects the guidance that needs to be followed today, with free movement rights still in place.

Draft Immigration (Health Charge) (Amendment) Order 2020

Debate between Kevin Foster and Alistair Carmichael

Tuesday 22nd September 2020 General Committees

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

I beg to move,

That the Committee has considered the draft Immigration (Health Charge) (Amendment) Order 2020.

It is a pleasure to serve under your chairmanship, Mr Robertson. The immigration health charge was introduced in April 2015. Its aim was to ensure that temporary migrants—those with a limited period of leave in the United Kingdom—made a direct contribution to the NHS services available to them during their leave, subject to some specific exemptions.

The charge is currently paid by non-European Economic Area migrants who apply for a visa of more than six months’ duration. It also applies if they wish to extend their stay in the UK for a further defined period, although those who receive indefinite leave to remain do not need to make the payment once they have achieved ILR. The charge is paid up front as part of the immigration application process, and is separate from the visa fee.

From their point of arrival in the UK, a charge payer can access the comprehensive range of services that the NHS provides in broadly the same manner as permanent residents of the UK—that is without having made any prior tax or national insurance contributions. They pay only the charges that a UK resident would pay, such as prescription charges in England. They may also be charged for assisted conception services within England. To date, the charge has raised more than £1.5 billion for the NHS. That income is shared between the health administrations in England, Scotland, Wales and Northern Ireland, using the formula devised by Lord Barnett, with which Members will be familiar.

Under the new points-based system, which comes into force on 1 January 2021, all migrants to the UK will be treated the same. They will pay the charge if staying for longer than six months, unless exemptions, such as being eligible for the health and care visa, apply. The Government recognise the value and importance of migration to the UK. We welcome talented individuals and the contribution they make to our economy, our communities and our public services. However, it is right that migrants contribute to the comprehensive and high-quality NHS services available to them from the moment they arrive.

This draft order amends schedule 1 to the Immigration (Health Charge) Order 2015. In line with the Government’s manifesto commitment, it will increase the annual amount of the charge to a level broadly reflecting the cost of treating those who pay it. The Department of Health and Social Care has estimated that the cost to the NHS of treating charge payers in England is roughly £625 per person, based on analysis carried out in April 2019 using 2017-18 NHS England data. However, to support the administration of the charge, the new level is set at £624 to make it easier to divide.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

In reaching the figure that the Government now bring forward, what account has been taken, especially for those renewing their visas, of the tax and national insurance contribution made by those working in our economy?

[Kevin Foster]

To be clear, the eligibility for the charge is based on the immigration status, rather than what tax or national insurance people have paid. We were clear in our manifesto, which was firmly endorsed in the December general election, that we would base it on the average cost of treating charge payers. Of course, when they come to achieve indefinite leave to remain, they are no longer liable to pay the charge. As I say, it is subject to the £1 discount, because £624 is more divisible than £625.

[Kevin Foster]

My understanding is that that has been published, but I will certainly be happy to write to the hon. Gentleman and the rest of the Committee with more details about how the DHSC arrived at that figure.

Students, dependants of students and youth mobility scheme applicants will continue to pay the discounted rate, which will increase from £300 to £470 per person. The Government are aware that the charge has a greater financial impact on family groups than on individual applicants. To support families, therefore, the charge for children under 18 at the date of application will also be set at £470, in line with the discounted rate set for students and the youth mobility scheme.

In specifying the new amount of the charge, the Government have considered a range of health services available without charge to those given immigration permission to be within the United Kingdom, and, as I have touched on already, have considered the cost to the NHS across the four nations of treating those who pay the charge. Also considered is the valuable contribution that migrants make to our economy and the need to ensure that the UK remains an attractive destination for global talent.

I turn to the exemption for tier 2 health and care visa applicants. On 21 May, the Prime Minister asked the Home Office and the Department of Health and Social Care to work together to exempt NHS and health and care workers from the immigration health charge. Consequently, this order amends schedule 2 to the principal order to provide exemption for tier 2 (general) health and care visa applicants and their dependants.

The tier 2 (general) health and care visa was launched on 4 August, and a large number of applications were received and permissions granted. It is a fast-track visa offer with a reduced application fee for eligible health professionals, including doctors, nurses and allied health workers. It covers not only people working in the NHS directly but those working for organisations commissioned by the NHS to provide essential services and those in the relevant professions who work in the adult social care sector, which is the basis of their application and their visa. Until a formal exemption is in place for that group, the Secretary of State has waived the requirement for them to pay the health charge.

[Mr Carmichael]

The Minister is being generous with his time. Those who are not included in that exemption include people working in the social care sector and non-medical NHS staff such as porters and cleaners. Why is their contribution not valued in the same way?

[Kevin Foster]

It might be helpful to explain how the current system of immigration works in the United Kingdom. At the moment, it is not possible to get a visa under the rest of the world system for some of the jobs that the right hon. Gentleman has mentioned. Those coming to the United Kingdom to work in those roles do so under either the European economic area free movement rights, which continue until 31 December, when immigration permission and the immigration health surcharge will not be relevant, or they will have come to the UK with permission—as a dependant of a skilled worker, for example, although not a health and care worker, who will be covered by the visa offer—and have a more generic right of work in the United Kingdom that is not tied to working within the health and social care sector. Those who come with a specific job offer under the health and care visa, however, go straight into employment. That is why we will look at the refund scheme. Colleagues in the Department of Health and Social Care are working on that.

As we bring in the new system on 1 January, a much wider range of skills will be recognised, including, for example, senior care workers who, at the moment, cannot get a visa under tier 2, but will qualify under the new points-based system from 1 January. Again, we will look to expand who will be eligible in the health and care sector. People will not be tied to a specific job offer. There will be a general permission to work in the United Kingdom’s economy in any role. Again, we need to make sure that we have a route to support the NHS and social care, not a way to avoid an immigration charge.

Tier 2 migrants who have paid the health charge on or after 31 March 2020, but who would have qualified for the new health and care visa had it been in operation, are being refunded. Those who work in the NHS and wider health and care sector and who paid the charge on or after 31 March, but who do not qualify for the health and care visa and have a general ability to work in the UK, which I have just touched on, may also be eligible for reimbursement of the charge that they paid.

On 15 July, the Minister for Health announced that the reimbursement would be paid in arrears of six-month increments, and the scheme will be launched next month. More details on the scheme will be published by the Department of Health and Social Care shortly. Given the queries that have been raised, I am sure it will be read with interest by members of the Committee.

Those who move to a new country expect to pay towards healthcare. In many countries they are required to do so by securing private health insurance or by direct charges when they become unwell or need to access healthcare, yet here in the UK they can access our fantastic NHS, if necessary, from when they arrive.

The health charge is designed to benefit the NHS and support its long-term sustainability. Those NHS and other health and social care workers who are granted visas to work specifically in those roles are doing that through the important contribution that they make in their work. They are exempt from the payment, and those who contribute to the work once they have arrived, but whose right to work in the UK is not tied to the sector, will have the payment reimbursed. However, it is only right and fair that people arriving in the UK to work in non-healthcare roles should pay towards the extensive and high quality range of NHS services available to them in the United Kingdom until they are permanently settled here in the UK.

That is a point that the electorate agreed with in the December general election. When we debated the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, we had the debate that we expected. The Scottish National party set out its principled objection to the charge, and I outlined why the Government believe it is right. We heard from others that they were making their minds up on what the policy should be. In commending the orders to the Committee, I look forward to getting more clarity about whether the approach is the right one—yes or no.