Immigration Bill

Lord Stevenson of Balmacara Excerpts

Monday 10th February 2014 Lords Chamber

[Lord Stevenson of Balmacara (Lab)]

My Lords, the introduction to the recent BIS publication International Education: Global Growth and Prosperity says:

“There are few sectors of the UK economy with the capacity to grow and generate export earnings as impressive as education … Overseas students who come to Britain to study make a huge contribution to our economy”.

As we have heard, BIS estimates that in 2011-12 overseas students in higher education in the UK paid £10.2 billion in tuition fees and living expenses. It says that they boost the local economy where they study, as well as enhancing our cultural life and broadening the educational experience of the UK students that they study alongside. Bravo to that.

The conclusion of the BIS report is that it is realistic for numbers of international students in higher education to grow by 15% to 20% over the next five years. However, the report warns that for this to happen,

“we must show that the UK values international students, will provide a warm welcome and support while they are here and will keep in touch after they go home”.

That all sounds pretty good. It is a pity that the reality is somewhat different. Even the report admits that there are some problems. It says, somewhat euphemistically at this point:

“There remain some misunderstandings about visa rules and post study opportunities to work. We must signal clearly that there is no cap on the number of students who can come to study in the UK and no intention to introduce one. Nor is there any cap on the number of former students who can stay on to work as long as they have a graduate job”.

It is one thing to say that we are open to international students but quite another to take responsibility for the service that students are receiving—one for which they are going to have to pay an even higher premium price.

As I say, there are a number of areas where the Bill needs close scrutiny. Clause 11 restricts appeal rights to cases involving a human rights, asylum or humanitarian protection claim. International students lost their right of appeal for initial entry clearance by means of the Immigration, Asylum and Nationality Act 2006, but these new provisions will remove the remaining rights to appeal against a refusal of leave to remain. Applicants will instead be able to request an administrative review. Universities UK has suggested that the Government should retain appeal rights for applications for Tier 4 leave to remain and PhD-level jobs. Does the Minister agree that this proposal has some considerable merit?

Other noble Lords have already spoken about Clause 15 on residential tenancies. It is clear that international students already face difficulties in securing accommodation and are often made to pay large fees and advance rent payments. The Bill may result in landlords or agents refusing to even consider international students as tenants, or charging additional fees to cover the extra administration costs. In the student sector, tenancies are entered into often months in advance of the actual tenancy start date but that is something that international students may not be able to do, particularly if they have to prove their immigration status so far in advance.

While, as we have heard, the Explanatory Notes suggest that some student accommodation will be exempt—we will have to see the detail of that—there is concern that these measures will discourage private landlords from letting accommodation to international students and to university staff, particularly at peak times when they are under pressure to make decisions quickly. Given that many international students are young and living away from home for the first time, does the Minister not agree that this clause could cause considerable anxiety and add to the perception that the UK is unwelcoming?

Several noble Lords have expressed concern about Clause 33 on NHS charges and we, too, have some concerns about their introduction. As several noble Lords have said, there are concerns about public health. Universal primary care allows potentially serious health problems to be identified early, when they are preventable or easily and cheaply treated. This applies equally to long-term conditions as well as to infectious diseases. On an individual level, the proposals will make another change: international students already make a significant contribution to the UK economy, bringing in, as we have heard, more than £10 billion a year, while international academic staff, critical to our position as a world-leading university sector, pay taxes and national insurance while they are here. Why are they being asked to pay more? To add more trouble, the charge will have to be paid up front for the full duration of the visa.

Taken as a whole, the requirements for students who wish to study in the UK are in many cases more stringent than in competitor countries, particularly in relation to language requirements, academic progression, limits on study time, the ability to bring in dependants and police registration. Introducing a surcharge for access to the NHS will, ironically, remove one area of relative advantage that the UK can currently offer. In combination, these measures may create the impression that it is now harder to secure a visa to study in the UK than anywhere else in the world. It will of course add significant up-front costs that will make us even more different from our competitors.

It is difficult to see how the aspirations of international education, global growth and prosperity can ever be realised if the Bill is not improved while it is in this House.