Ukraine: Urgent Refugee Applications

Debate between Kevin Foster and Nigel Evans

Tuesday 8th March 2022 Commons Chamber

[Kevin Foster]

I can fully appreciate why asking for bank details and the things that we might normally ask for in the immigration system might be an entirely unreasonable request to somebody who has escaped their home in Ukraine with whatever they could carry. I am very happy to look at that case to see whether our decision makers are acting appropriately in terms of what they are asking for. I do not think that it is appropriate, for example, to be asking for bank details from Ukraine at this time.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. We have to leave that there. We have done eight minutes more than was allocated for the urgent question. Clearly, with this crisis ongoing, there will be other opportunities for urgent questions and statements. More than 20 people were still rising to speak at the end of the urgent question. We will look to ensure that they get prioritised in future.

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

Debate between Kevin Foster and Nigel Evans

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

[Kevin Foster]

This has been an interesting and fascinating debate, which has mostly been reflective and reasonable. I hope colleagues will appreciate though that, in the seven and a half minutes I have, I will not be able to respond to every single point that has been raised.

I will start with the themes, and we have again had a lengthy debate on social care. I was pleased to hear the SNP spokesperson, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), say he agreed with the MAC. He will recall the evidence that Brian Bell gave to the Public Bill Committee that considered this Bill, and I am glad to hear that he now agrees with that. I would say, however, that we are being clear again that the MAC has been free to make its own reviews and commissions, and to produce an annual report that can then be considered by this House. It will be able to do that independently, and it will almost certainly provide commentary on social care. To set up a body that is independent and free to make its own decisions, and then tell it all the reviews it needs to do does not make a great deal of sense. Similarly, we are keen that it is there, and it can be lobbied, including by the shadow Minister, the hon. Member for Enfield, Southgate (Bambos Charalambous), about areas that it may wish to consider of importance. As we keep on saying, if the lesson people have taken from the last few months is that the solution to social care is to give employers an unlimited opportunity to recruit at the minimum wage, they have really taken the wrong lesson.

Moving on to the issues of modern slavery, we have again had some impassioned speeches and some very well-informed ones, particularly from my right hon. Friends the Members for Staffordshire Moorlands (Karen Bradley) and for Chingford and Woodford Green (Sir Iain Duncan Smith). Again, I would say that we have obviously made the changes to guidance. We will bring forward those changes to guidance and have them in place on 1 January. He will appreciate why we will not do it before then, because people will still have free movement rights and we should respect that. But certainly we are happy to engage more widely around the position on what we can do and where we can ensure that the support these victims need is available to them, particularly as we remove the distinction between EEA victims who have free movement rights and non-EEA victims who do not, subject to the caveat that we will of course always look to see if a victim of modern slavery is eligible for the European settlement scheme.

Turning to the issues of family reunion and resettlement, I again point out that there are provisions under the UK’s migration rules that, certainly under part 8, go wider than purely affecting parents with children. We are in negotiations with the European Union, and the Under-Secretary, my hon. Friend the Member for Croydon South (Chris Philp), is actively looking at what we can do. If we can get bilateral arrangements, then fantastic, but does it make sense in future to have a different set of rules for people in EEA countries versus those in the rest of the world? That is the core of this Bill, which is about free movement rights. If there is an agreement—a reciprocal arrangement—in place, then that would go beyond what we have as our baseline rules. Now that we have left the European Union, with the transition period and free movement coming to an end, whatever settlement we have in future—there is a debate to be had in this House about our asylum system, and we will have it at more length in the near future—it does not make sense to have a distinction between someone whose position is in the EEA and someone whose position is, for example, in Turkey, unless there are reciprocal arrangements that justify that difference of treatment.

The issue of children in care has rightly been a subject of some debate. I hear the point that has just been made about identification. Let me be clear: EUSS does not require a passport or an ID card; alternative measures can be used to prove entitlement through documentation. However, that issue is not particularly caused by EUSS because today you would need the same challenge to identify whether someone is a UK national, an EEA national or a rest-of-the-world national, given the impact that that has on free movement rights. However, we are happy to continue working with local authorities to see how we can help them to tackle these issues, and to work with high commissions to ensure that those who deserve their status receive it.

As we have said, there is a range of provisions around late applications and those who should make an application but do not. This is not just about children in care. We also include those under 18. If a parent does not make an application, and, at a later time, the child reaches the age of majority and they have to do a compliant environment check, for example, and discover that it has not been made, we would see that as a reasonable ground for a late application. As touched on, there is no specific time limit to that provision.

On detention, we have outlined our arguments. I am conscious that there are strong feelings on this in the House. We all want to see people swiftly moved out of detention and, if they have no right to be in this country, to be removed from it. We want detention to be used as a last resort. Its use has been declining over the past few years. That is partly because we cannot guarantee that a country in sub-Saharan Africa, for example, will issue us with travel documents for the person to be returned to it within the timeframe. In particular, we have to be clear that there is no ability to put someone in detention for no reason. We have to have a lawful basis for doing so, and that can only be where there is a reasonable prospect of removal or a threat to the public—although I accept that only a very small number of people are serious foreign national offenders.

On physical documentation, we are moving towards more digital statuses. For example, we are looking to see where we can use public services to automatically check status. In recent months, we have seen the advantage of EU citizens who already have EUSS—although they are not yet required to have it—being able to share that online and digitally when doing a range of checks, at a time when a face-to-face meeting to do so may be a lot less desirable. As touched on, it will not just be EEA nationals with status under EUSS who will be using digital status—we also intend the route for British nationals overseas, who will also be moving to digital. As touched on, countries such as Australia have had a system like this in place for some time. It was interesting to hear the hon. Member for Bath (Wera Hobhouse) talk about the idea of digital passports. We are starting to look to the future where people may well travel on their biometrics and with digital identities rather than travelling purely on passports—although that is probably a few years away given that it would require technology being reciprocated in other nations.

I particularly enjoyed some of the speeches. My hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) hit the nail on the head: this Bill is about delivering a manifesto commitment. This Bill is about ending free movement, as voted for in the general election and in the referendum back in 2016. It is not there to have the whole range of debate around immigration, but I respect the fact that people took the chance to do that. This Bill is about delivering a manifesto commitment, and that is why we should remove these amendments, which do not go to that core goal.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Before I put the Question, I would like to say that I am expecting some Divisions this evening, and there is a distinction between “should” and “must”. When I say “should”, it is guidance; when I say “must”, you must do it. If there is a Division, those sitting on the Front Benches must leave by the door in front of me; everybody else must leave by the door behind me. It is not optional. Please keep social distancing throughout; if you can touch the person in front of you, you are standing too close.

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

Debate between Kevin Foster and Nigel Evans

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution & Ways and Means resolution: House of Commons
Monday 18th May 2020 Commons Chamber

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

It is a pleasure to formally welcome the new shadow immigration Minister to her post; I have not had the chance to do so before at the Dispatch Box.

The breadth of views expressed by Members today clearly demonstrates how important an issue this is, not only to our constituents but personally. Given the unusual circumstances in which we meet, I will not have time to give a detailed response to each point raised, but will seek to respond to the broad themes that have been brought out in the debate.

The Bill is before the House not only to deliver on our manifesto pledges, but to lay the framework for our new immigration system, which will be fairer because we will treat people from every part of the world equally, while respecting our historic links with Ireland and the Belfast agreement, and firmer, because we will have control of our own borders from 1 January and all migration policy will be in the hands of this Parliament. It will be skills led, because the system will be based on the skills, talents and qualifications that people can bring to this country, not two radically different systems based on where someone’s passport comes from.

Let us be clear: this is a framework Bill, not an immigration shopping list. In response to some comments, especially from those who wish to build an economic version of Hadrian’s wall, I emphasise that this Bill sets up the framework for a single, global points-based migration system, with the rights of Irish citizens protected and ensuring the ability of Ministers to respond to any agreement on social security co-ordination.

The detail of our migration rules will continue to be set in secondary legislation, to ensure that they remain flexible and able to respond to changing situations but always based on the key policy principles I have outlined. The reaction to the coronavirus emergency shows why that is necessary. Imagine our having to pass primary legislation to amend visa end dates, automatically renew NHS workers’ visas, grant waivers to in-country route-swapping conditions or allow tier 4 sponsors to move courses online. Hence this Bill, in common with those on this subject that came before it, does not replicate the immigration rules in statutory form, and neither should the House regret its not doing so.

We have already moved to create the first part of our new migration system with the creation of our global talent route. I saw at first hand at Glasgow University what this could result in and the strong offer it presents, clearing the path for some of humanity’s most complex problems, such as the fight against malaria, to be solved by teams recruited on a global basis and based here in our United Kingdom. The new graduate route, which will be introduced next summer, will help to retain some of the brightest minds coming out of our universities, giving a simple path to future residence and settlement. As our universities see an increasing number of international students arrive to study here, we know that more will be inspired to make their life and career in vibrant locations such as Glasgow, Belfast, Exeter, Cardiff and Coventry. Our immigration system should allow them to do so.

I hear the frustrations of those who see our migration and humanitarian protection system being abused by those who engage in human trafficking—as highlighted well by my hon. Friends the Members for Dover (Mrs Elphicke) and for Hastings and Rye (Sally-Ann Hart) —and the risks being run by those using small boats to cross the channel. A key part of ensuring a fairer system is to tackle that type of behaviour. My hon. Friend the Minister for Immigration Compliance and the Courts is leading work on that, which is benefiting from the input of my hon. Friends.

The Migration Advisory Committee report earlier this year provided a strong and evidence-based view for our future points-based migration system. We accepted its key recommendations: a reduction in the general salary threshold for the key skilled worker visa from £30,000 to £25,600; moving the skills threshold from degree to A-level, to ensure that we include those with significant skills levels, such as senior carers; and tradable points, with a salary floor of £20,480 for jobs on the shortage occupation list or where significant potential is shown by holding a relevant STEM-based PhD. We are working hard to bring the new system into effect, and I thank the teams in the Home Office who have continued doing this in the extraordinary circumstances we have found ourselves in over recent weeks.

We will continue to work closely with the Migration Advisory Committee and its interim chair, Professor Brian Bell. My right hon. Friend the Home Secretary has already commissioned the Migration Advisory Committee to advise on the future shortage occupation list. Its call for evidence has now been issued, and that will provide an opportunity to look at the skills needs of a range of sectors that Members have highlighted today. I encourage all businesses to take part and have their voice heard; no one should allow themselves to be silenced. Several Members have been keen to highlight groups with whom I can speak about this. For example, I look forward to a video conference with seafood businesses in north-east Scotland arranged by my hon. Friend the Member for Banff and Buchan (David Duguid). I know he shares my passion for ensuring that the new migration system serves our whole Union and the skills needs of Scottish businesses, rather than the political aims of Scotland’s separatists.

Talking of serving the needs of our nation, no organisation has done that more than our NHS and social care services over recent weeks. Our new system will not just allow but actively welcome a range of health professionals to the United Kingdom. This will be via not only the points-based system being based on national salary scales for roles such as doctors, nurses and physiotherapists, but an NHS visa, which includes discounted fees and fast-track application processes for those with a job offer from our NHS or for those providing services to it. This process will build on the dedicated team that the Home Secretary has already established in UKVI to process applications from those with NHS job offers. Our social care sector will benefit from simpler processes to recruit qualified medical staff and key roles such as senior carers on a global basis.

One area that has been regularly queried in the debate is our acceptance of the MAC’s recommendation that there should be no general route for employers to seek to employ temporary or permanent employees on the legal minimum wage with limited training and no requirement to speak a basic level of English. I gently say to Members that if the lesson they have taken from the events of the last two months is that paying the legal minimum to those working in social care who migrate to the UK from low-pay economies is the right approach, they have drawn the wrong conclusion. Similarly, those who think that the migration system is the go-to option for recruitment issues in social care, rather than creating career paths and increasing the value of such roles, should read the MAC’s specific rejection of this.

No one can deny the economic impact that the measures necessary to deal with the coronavirus will have. Many of our friends and neighbours will need to find new employment opportunities, and it is therefore vital that our migration system aligns with this goal, rather than providing an alternative to it. I have welcomed speaking to my hon. Friend the employment Minister about how we can ensure that our goals align and that those seeing migration as their first port of call are instead steered to the efforts being made to get UK-based workers back into employment and to the Disability Confident scheme, which helps to get unique talents into the workplace. There will still be some flexibility. For example, there is provision for the further expansion of our youth mobility schemes, through which 20,000 young people come to the UK for a period of work and travel each year, along with the adult dependants of those who come as skilled workers, who can also access the employment market. However, we will not create a minimum wage general migration route.

Alongside creating our new points-based global migration system, we are also taking the chance to work on a long overdue simplification of the immigration rules. I am grateful to the Law Commission for its thoughts on this area of work, and we will take most of them forward as we create the new system. Many will not be headline-grabbers but changes that will make it easier for those who need to use our immigration system to both understand the requirements and to comply with them. This will sit alongside moves such as the abolition of the resident labour market test, which will make it easier for employers to recruit skilled labour, and will remove some of the bureaucracy and time associated with doing so.

Finally, it was predictable that some would use this debate to re-fight the battles of Brexit, despite the clear result in the recent general election. The Bill delivers one of the key commitments that the Government made: a single global migration system. However, we are also delivering on our pledge to protect those who have moved here and made their life here in good faith under the current arrangements. The European settlement scheme is the largest documentation of immigration status in UK history. More than 3.5 million applications have been received, with more than 3 million decisions made, and only a tiny number of refusals by comparison. I am afraid that those calling for systems where rights are granted but not recorded do not seem to have learned the lessons of the past. The European settlement scheme means those entitled can prove their status easily for the rest of their lifetimes, while also ensuring that those who arrive in years to come cannot abuse the scheme’s provisions.

We recognise that immigration is vital to the social, cultural and economic life of this country. The new system will aim to create global equality of opportunity, giving everyone the same chance to live and work in this country. The Bill is the first step in ending free movement, establishing a fair and equal immigration system and upholding the scientific and commercial excellence of our country. Above all, it will help us to build a better future for this country and its people as we rebuild after the impact of covid-19. I therefore commend the Bill to the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I put the Question, I confirm that my final determination is that the Question on Second Reading should be decided by remote Division. There is therefore no need for me to collect the voices, or for those present in the Chamber to shout Aye or No.

Question put, That the Bill be now read a Second time.

The House proceeded to a remote Division.