Immigration: UK Citizenship and Nationality

Lord Taylor of Holbeach Excerpts

Thursday 10th October 2013 Grand Committee

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con)]

My Lords, I thank my noble friend Lord Roberts of Llandudno for securing this debate, which has been wide-ranging. Indeed, to some extent we have ranged beyond the strict subject of the debate. I hope that noble Lords will forgive me if I focus to some degree on the essence of the debate, which is nationality and citizenship. I assure noble Lords—it is important that the noble Baroness, Lady Smith of Basildon, accepts this—that the core of the Government’s policy is that the UK should continue to welcome individuals coming to work, study or join their family, and to provide a place of safety for refugees.

Reducing net migration is not about encouraging more Brits to leave than foreigners to come; it is about achieving a sustainable level of migration. All political parties are working towards a consensus on this issue. The Government are succeeding, because the levels of non-EU migration are at their lowest for 14 years.

My noble friend Lord Roberts of Llandudno pointed out that today we have published a number of important reforms to the immigration system through the new Immigration Bill, which is going to be a subject to which we will all be returning, I have no doubt. Everyone who has spoken in this debate, I am sure, will be back to talk through that Bill. It is a Commons starter, so we have got a bit of time to limber up for it. I hope noble Lords will not object if I try to answer specifically the questions and points raised on the questions of citizenship and nationality. They are all set out in the British Nationality Act 1981, so it is quite a long-standing Act. It has not been particularly changed. The citizenship test has changed. The one introduced by the previous Government has been brought up to date. Although there has been some criticism, notably from Dr Thom Brooks at Durham, about that test, it has been designed to make it much more real to the people who are sitting the test, and it has been widely welcomed.

The 1981 Act reflects the principle that citizenship should be acquired on the basis of a close and continuing connection with the United Kingdom. Although there are some registration routes for those who already have a link, and we will perhaps discuss areas where they have worked and where they perhaps do not work so well, the majority of those seeking to become citizens will do so through naturalisation. We are rightly proud of our British citizenship. It is a privilege, not a right. We expect those applying to naturalise as British citizens to have demonstrated a commitment to the United Kingdom through a period of lawful residence of five years, coupled with knowledge of the English language and of our culture, history and democratic government. Those living in Wales, as my noble friend will know, being a Welsh speaker, will already be able to demonstrate a knowledge of Welsh or of Scots Gaelic. Additionally, they should be of good character and, in most cases, intend to make the United Kingdom their permanent home. The Government consider that these remain the right criteria, although changes to particular requirements are planned.

First, the Government have looked at the way in which applicants for naturalisation demonstrate the required knowledge of language and life in the UK. If a person wishes to make the United Kingdom his or her permanent home and to become a British citizen, it is reasonable to expect that an individual will show, among other things, that they are committed to learning English and have an understanding of British history, culture and traditions. The ability to speak English and an understanding of the traditions and democratic principles underpinning UK life are essential for successful integration.

The noble Lord, Lord Noon, is nodding. There is no better example than himself of somebody who has done just that and contributed so much to British life. This can be demonstrated by taking the Life in the UK test in English, Welsh or Scottish Gaelic, or by obtaining an English for Speakers of Other Languages qualification, which can be at a very basic level. This means that some individuals have been able to naturalise without sufficient English to communicate and integrate with the wider community. The new Life in the UK test, to which there has been much reference today, places the emphasis on British history, culture and democratic government. Despite what some noble Lords have said, the vast majority of feedback on the new test has been positive. I cannot agree that the questions asked are irrelevant or that the test should concentrate on more practical matters.

The test is being taken by individuals who have been in the UK long enough. They have to be resident here for at least five years to qualify for this test and they should know about day-to-day practical issues. The aim of the test is to help new residents appreciate British traditions and understand how democracy developed in this country. The new test was informed by a user survey of 664 people who had taken the previous test. Most respondents were already aware of the practical aspects of UK life, but wished to have more information about history, government and the legal system. The test was designed to meet that request.

My noble friend Lord Roberts said that it should be made clear in the book which sections should be studied. It is intended that the whole book should be studied, but it is made clear that readers need not remember dates, including birth dates, or things of that nature. It is designed to inform, but the companion publication assists individuals in becoming familiar with the type of test that they are likely to face. With any book of this nature, it is possible for some details to become out of date, but we have deliberately moved away from the inclusion of statistics or similar information that could become irrelevant. As I said, the test is generally taken by people who have been in the UK long enough to know about practical issues. The handbook aims to provide information on British history, culture and democracy in an accessible, interesting way. Questions are no longer asked about dates: for example, “When did it become possible for wives to have the right to divorce?”. Instead, the questions are about principles, such as the principle that men and women have equal rights.

Further changes come into force on 28 October. From that date, applicants will be required both to pass the Life in the UK test and to have a speaking and listening qualification in English that shows that they can communicate at an independent level. Nationals of the majority of English-speaking countries will not be required to show a formal speaking and listening qualification. However, they will still be required to pass the Life in the UK test. This revised knowledge of language and life requirement will apply to all applicants unless they are exempt on the basis of their age or physical or mental condition. I say to the noble Lord, Lord Judd, for whom I have the greatest regard, that the whole point of the test is that it should be fair, reasonable and just, as he asked for it to be.

It may interest your Lordships to hear a few figures about how many people have taken the test and what the pass rate was. In 2012, 201,087 applications were decided. Of these, 97% were successful. Clear guidance limits the number of people for whom the test would be inappropriate. Of the 678 cases that were refused, 103 were refused because the applicant had insufficient knowledge of English or life in the UK. The failure rate is very small. The whole point is that candidates should prepare themselves by reading the publications that are made available for them.

We have a number of proposals coming forward in support of the Citizenship (Armed Forces) Bill, which will amend nationality Acts with respect to those serving in the Armed Forces overseas. I can tell my noble friend Lady Gardner of Parkes that the average processing time for a nationality Act application is nine weeks, and in that time it is possible to get your passport if you choose to do so. They just make a note of the details and return it to you; it is not kept.

I am going to run out of time so I will have to write to my noble friend Lord Avebury. He raised a number of interesting issues on which I would like to inform him, including the question of the children of British mothers, Chagossians and stateless persons. I will make sure that that letter is sent to all Members who participated in the debate. I enjoyed the tribute paid by my noble friend Lord Watson of Richmond to Sir Charles Montgomery. If any man can tackle the problems facing the Border Force, it is Sir Charles, and I have every confidence that he will do so. I thank noble Lords and I am sorry if I have been caught out of time. This debate has raised a lot of issues and I have found it very interesting.

Committee adjourned at 6 pm.