(1 year, 1 month ago)
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It is a pleasure to serve under your chairmanship, Sir Christopher. I congratulate the hon. Member for North East Fife (Wendy Chamberlain) on securing the debate. I would like to say at the start that I cannot comment on an individual case, but I know that the Home Office will be happy to look directly into the circumstances that she has outlined in relation to her constituent. I urge her not to conflate the issues that have been experienced by her constituent, which do sound irregular, with an indication that the system as a whole is failing.
Since 2003, successive Governments have been clear that all those seeking to make the UK their permanent home should be prepared to integrate successfully in the UK, with both an appropriate level of spoken English and a sufficient understanding of life in the United Kingdom. Indeed, the guidance book that is published to go with the “Life in the UK” test makes repeated reference to respect and commitment to British values. Many citizens would recognise and agree that that should be a fundamental requirement for anyone looking for permanent settlement.
Adult applicants between the ages of 18 and 65 are required to demonstrate that they have sufficient knowledge of the UK—not just our current political systems, but our history. I listened carefully to what the hon. Lady was saying; she was a bit critical about that, but I gently remind her that the past does inform the present. Here we are in Westminster Hall, a building that has gone through the centuries and has told the story of what this great nation really means. I have to say, with respect, that I think it is important that people are cognisant of our great history before they secure permanent leave to remain in the United Kingdom. Citizenship of this country is a privilege, and it is absolutely right that we have mechanisms in place that emphasise the importance of integration.
I want to contextualise some of what the hon. Lady was saying about her constituent. She made two points that I think are worth referring to. She talked about how her constituent has profound dyslexia, possibly veering into what would meet the statutory definition of disability under the Equality Act 2010. We will certainly look at why that somewhat higher threshold for medical evidence was required.
The hon. Lady also made the point that it was somehow surprising that the application had to be made by her constituent herself. I remind her very gently that it is likely that this case would be covered by section 20 of the Equality Act, “Duty to make adjustments”. In any case of this nature, where someone is dealing with a service provider that would be covered by that Act, it is for the person complaining to identify the “provision, criterion or practice”—here, it might be the circumstances of the test—and say why that puts them at a “substantial disadvantage”, before the service provider decides what action, if any, it is going to take. That is the statutory language that applies and it is therefore consistent with that language that the Home Office requires applications to be made on an individual basis.
To give a little bit of context, since 2013 over 1.7 million attempts have been made to pass the test, with 1.2 million people—70% of applicants—passing it the first time. Applicants do not have to get 100%, thank God. If we look even further into that data, we see that the vast majority of people pass the test by the third attempt. Although the test is quite comprehensive and, yes, it goes into history, it is not so onerous that people cannot pass it or that they do not have the right to citizenship because they fail. They are able to do it. There are 24 questions. It is computer-based and multiple choice. It requires those who wish to make their home in the United Kingdom to demonstrate a knowledge of the history, culture and government of the United Kingdom, and of the principles that sit at the core of British democracy.
Those who are taking the test will already have been living here for at least five years. The test therefore focuses on the more in-depth knowledge that is expected of someone who has presumably already sought to integrate within UK society and is committing to the next step by applying for permanent residence or citizenship. I hope that that answers, to a degree, the point that the hon. Lady made about those who are applying for asylum under the auspices of the refugee convention.
We can have a disagreement about whether those who are at the application stage should or should not have the right to work, but I will simply make three points. It is consistent with all our immigration practices that those who are applying do not yet have the same rights as somebody whose application, whether it is for a work permit or for asylum, has been granted; that is one of the reasons why they are treated differently. It is not irregular that people who are given refugee status are not required to take an equivalent test or are not given the opportunity to learn for it, because usually a grant of asylum is finite; it is not the same as getting indefinite leave to remain, so it is right that we treat those two categories of applicant differently. Somebody could get asylum, remain in the United Kingdom for an extended period, make the application for indefinite leave to remain and then have to take the test in the usual way. There is not differential treatment between those two categories; they are fundamentally different categories.
The hon. Lady talked about a review of the test. I am certainly aware of the House of Lords Committee’s report. I am also aware that the test has been in circulation for some time. It, or at least the guidance for it, is published by the Stationery Office on behalf of the Home Office and is available in paperback, audiobook, e-book and other digital formats. In other words, the training materials certainly are available in accessible formats that somebody with dyslexia or another kind of special educational need would be able to access.
The Home Office’s contract with the Stationery Office includes a commitment to enhance current digital learning materials and develop a new online platform, and the Home Office continues to work with the Stationery Office to ensure that materials are available in a digital format to meet customer demand and support candidates. The release of a new e-learning platform in 2020, in addition to a continued improvement process for the mobile apps based on customer feedback, has helped to drive a shift towards sales in digital format, from 23% in 2018 to 60% last year. The Home Office will continue to work with the Stationery Office to offer innovative digital products that meet customer needs and value for money.
In relation to the House of Lords report, I am aware that the UK handbook was first published over 10 years ago. Although much of the material, particularly the historical aspect, remains pertinent, the Home Office is aware of the need for the content to remain up to date, above and beyond minor amendments and perhaps the improving digitalisation of the training programme.
I recognise that there are strong views on how a review should be conducted, particularly in relation to the scope of the review, who should conduct it and what consultation should be undertaken.
Will the Minister undertake, in discussion with colleagues, to ensure that the review that is going to be forthcoming will be wide-ranging and comprehensive, to take account of some of the concerns that have been raised today? Then, hopefully, we can see some improvement for the future.
I thank the hon. Gentleman for his intervention; I was coming to that point. I think it is appropriate that I write to the hon. Member for North East Fife once the scope and timeframe for the review is known, so that she is aware. Of course, we will be listening carefully to the points that she has made.
Overall, it is right to say that the “Life in the UK” test is an important element of gauging commitment to integrating and to a permanent life in the United Kingdom. I hope that the irregularities that the hon. Lady has described in respect of her own constituent can be resolved. I do not believe that they are indicative of an overall weakness in the test, which by and large has proved highly successful and which nearly all applicants, in the end, do manage to access.