No Recourse to Public Funds

Kirsty Blackman Excerpts

Thursday 11th May 2023 Commons Chamber

[Kirsty Blackman (Aberdeen North) (SNP)]

I thank the Backbench Business Committee for granting this debate and the right hon. Member for East Ham (Sir Stephen Timms) for setting out such a great foundation on which to have this conversation. He brought such a lot of information to the table about the number of people, as far as we can tell, who are subject to no recourse to public funds and some of the issues they face.

I do an awful lot of work with the No Recourse North East Partnership in the north-east of Scotland, which was set up because all of us who deal with casework and people with problems were seeing a massive increase in the number of those coming to us with no recourse to public funds. Unlike Glasgow, which has been a dispersal authority for a period, we did not have the legal or charitable support in place in our city to provide people with that level of legal immigration advice. We saw a massive increase in numbers in the last few years, and that is why the group began.

During that time, we have struggled so hard to find out how many individuals are subject to no recourse to public funds, so that we can make the case for there being more specialised support for people in our city. In Aberdeen we have the highest percentage of non-UK born citizens outside London. We have a significant amount of immigration in our city, and that is a good thing to be celebrated, but it brings with it the problem we are seeing of an increase in the level of destitution as a result of people having no recourse to public funds.

The hon. Member for Harrow East (Bob Blackman) mentioned the consistency in applying guidance under section 17 of the Children Act. I can tell him that it is not being applied consistently across councils. That is partly because the guidance from Government is not as good as it could be in directing local authorities as to what they can and cannot do and is leaving it up to them. If local authorities have legal departments that are particularly scared of litigation, for example, they might be less keen to support people. If individuals have “no recourse to public funds” stamped on their immigration documents, they might be less keen to seek support because they are terrified that it might impact their future immigration status. They are terrified that they might not eventually be able to apply for leave to remain if they claim something. That guidance is not as consistent as it could be.

The right hon. Member for East Ham mentioned domestic abuse. I tabled a ten-minute rule Bill a number of years ago about extending the destitution domestic violence concession. There is still a gap. We still see local women’s organisations up and down these islands struggling because they cannot apply for housing benefit for people who have no recourse to public funds unless they get the destitution domestic violence concession, which is not applicable across the board and is not a guarantee. We cannot see women’s aid organisations go under, but it means that individuals are in a situation where they might have to stay in abusive relationships or go back to abusive partners simply in order to feed their children. We should not be doing this. As has been made clear, in so many of these cases, these are children who were born here and will live here their entire lives, and they are being directly discriminated against by these policies just because of where their parents were born—not because of anything to do with the way they have lived their lives.

What are the other options for people who have no recourse for public funds? We have heard various arguments from Ministers in the past. They have said, “Well, people can just go back to the country they have come from.” Some people with no recourse to public funds are stateless. How can someone who is stateless go back to the country they came from? The country might not even exist anymore. Ministers have suggested, “That person could just go back to Nigeria,” but the person has never been to Nigeria in their entire life. We are asking them to go back to a country in which they have no home and no support and that their family has shunned them from. They are living here and contributing to our economy.

Imagine if everybody with no recourse to public funds decided to go off to another country—we would have so few people working in the caring professions, on the frontline of our NHS and as hospital porters, in those jobs that we desperately need people to do. If the Government are so desperate to crack down on illegal migration, they need to make the legal migration routes slightly more pleasant at least, because at the moment they are deeply discriminatory.

We are seeing children being put into hunger and poverty as a result of this—children who are at no fault and are entirely innocent. If it were up to me, I would not have “no recourse to public funds” as a status at all. If we are looking for an interim measure, the measures on child benefit that have been put forward by the Work and Pensions Committee are incredibly positive. The Government also need to give serious consideration to the rules around housing benefit, particularly in cases that involve domestic abuse, because we cannot have women’s aid organisations struggling with this issue in a way that means they cannot support women, resulting in women having to stay in abusive relationships. We cannot see that happen.

Lastly, on the point about the 30 months payment that was mentioned by the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier), what are people getting for the money that they are putting in? They are certainly not getting a good service. I am aware that the Minister is doing his best to improve it, but the Home Office service is not great. People are being asked to pay that money for the pleasure of staying in a country where they cannot even afford to feed their children because of the lack of support. It is absolutely shameful, and it really needs to improve.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

--- Later in debate ---

[The Minister for Immigration (Robert Jenrick)]

I congratulate both the Backbench Business Committee and in particular the right hon. Member for East Ham (Sir Stephen Timms) on securing the debate and his characteristically thoughtful and intelligent approach which raised some very important questions, and it is right that the Government and indeed the whole House carefully consider them. I thank Members from all parts of the House for their contributions and the tone and thoughtful nature of this discussion. As my hon. Friend the Member for Harrow East (Bob Blackman) noted, as a former Local Government Secretary I have been interested in this issue for some time and in fact took the decision not only to create the Everyone In programme but to ensure that, as the name suggested, it included those who had no recourse to public funds. I appreciate the difficulties some of those individuals have found themselves in, particularly during the unique circumstances of the pandemic, which put huge pressure on both them and, as the right hon. Member for East Ham reminded me before the debate, their families back home in their countries of origin, some of whom might have been sending them help in times of straitened circumstances but were not able to do so during that particularly difficult period.

The right hon. Gentleman and others across the House are clearly aware of the context of NRPF policy, which has evolved over decades, but it might be helpful to set that out again. It is a well-established principle that migrants coming to the UK should be able to maintain and support themselves and their families without posing a burden on the welfare system. Successive Governments have taken the view that access to benefits and other publicly funded services should in general reflect the strength of a migrant’s connections to the UK and, in the main, only become available to migrants when they have become settled here with indefinite leave to remain.

We operate a comparatively permissive legal migration system in this country, enabling people to come here particularly for work and study purposes, and with respect to work at a relatively low salary threshold of approximately £26,000 per year plus other conditions. In order to maintain a relatively permissive legal migration system, it is important that we have regard for the taxpayer and encourage people to come who are able to look after themselves and their families. The alternative would be to tighten the legal migration system, and, for example, as some argue, to increase the salary threshold considerably. There are pros and cons to either approach, but I think there is broad consensus across the House that NRPF is required although we must manage it carefully to ensure that people who are in this country, particularly for a sustained period of time, can live appropriately and decently and we look after those in the most challenging situations. The position the Government therefore take is to ensure that those seeking to establish a life in the UK must do so on a basis that prevents burden on the taxpayer and promotes integration, and the vast majority of temporary migrants coming to visit, study or work here are subject to NRPF as a result.

It is recognised that some migrants will find themselves at risk of destitution, as I have said, and a response to that would be to say they can return home to their own country, but I appreciate that that is challenging in some circumstances and we do not want people to be in periods of sustained destitution in the United Kingdom. Appropriate safeguards have been introduced for circumstances whereby an individual is destitute or at risk of imminent destitution. Migrants with permission under the family or private life routes, permission outside the rules on the basis of article 8 of the European convention on human rights or the Hong Kong British national overseas route, can apply for free to have the NRPF condition lifted by making a “change of conditions” application. The latest data published in February, for quarter 4 of 2022, shows that 68% of the decisions taken on “change of conditions” applications were granted and that the Home Office and its associated organisations have now restored that process to pre-pandemic levels, which is the right thing to do. We have provided flexibility around the immediate impact on immigration status for accessing public funds. Families are no longer automatically moved from the five-year to the 10-year route to settlement when their NRPF condition is lifted; their circumstances are reassessed when they next apply for permission to stay, and they can remain on the five-year route only if they continue to meet all the requirements.

To give proper effect to the Government’s schemes in response to the cost of living crisis, the Home Office ensured that those with NRPF could access the measures as intended: for example, the energy bills support scheme, which has delivered £400 non-repayable Government discounts on electricity bills to help households in Great Britain, as well as the council tax rebate for those living in certain council tax bands. Subject to the relevant income thresholds, those with NRPF can access free school meals and early years education for two-year-olds. I am grateful to the right hon. Gentleman both for welcoming that and for having played a part in encouraging the Government to do so.

Statutory benefits including statutory sick pay, statutory maternity pay and contribution-based jobseeker’s allowance are accessible to all those who have made sufficient tax contributions, including those with NRPF. Local authorities can provide basic safety-net support regardless of immigration status. I take the points made by a number of hon. Members about the variable application of that by local authorities and the guidance that the Home Office provides. We have a responsibility to improve those things.

[Kirsty Blackman]

May I check whether the Minister is making a commitment from the Dispatch Box to have a look at the guidance and ensure that it is as clear as it can be and applied consistently by local authorities?

[Robert Jenrick]

I am happy to do so, because that is a valid point that has been raised.

In the limited time that I have available, I would like to address the important question raised about the quality of data. As the right hon. Gentleman noted, data in this area will always be imprecise because, by its nature, it is hard for the Home Office to accurately assess the number of individuals in the UK in these circumstances, and particularly the cohort who have entered the UK illegally. However, it is right that we understand the number of people to whom we are granting leave in the UK who are part of the NRPF cohort.

In answer to the right hon. Gentleman, we have previously said that the right time to do that will be when we have completed the migration from the case information database to the new Atlas system, which is expected to be in the coming months. I am happy to commit to him today that, as soon as that is in place, we should publish statistics on the number of individuals subject to NRPF to whom the Home Office is granting leave. If I may, I will revert to him with a more precise date and our current estimate of when we will be able to do that. I hope that that is at least one useful outcome for him from his investigations and from the debate.

With that, I will bring my remarks to a close and thank him once again for organising the debate.