Nationality and Borders Bill

Lord Wallace of Saltaire Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, I noted that in his opening speech the Minister pledged that the Bill is based on fairness, that illegal activities will not be tolerated, that we aim to deprive people of UK citizenship in the event of the most serious crimes and, above all, that access to the UK should be based on need and not on the ability to pay. That is why I want to talk about the visa scheme that enables you to buy access to Britain—the golden visa scheme tier 1 investor visas, which allow wealthy people from dodgy countries to buy the right to live in the UK and, after a period of residence, to qualify for citizenship. It is one law for the rich and another for the poor.

In 2018, after the Salisbury poisonings, Theresa May announced a review of the scheme, which to my awareness has not yet been published. It has been reported that more than 6,000 golden visas, half of those yet issued, are being reviewed for possible national security risks, although those who applied in earlier years will by now have acquired full UK citizenship. Two Court of Appeal judgments in the last year have thrown up questions about the regulation of this scheme and the sources of the finance pledged by applicants. In four of the National Crime Agency’s major cases about illicit finance and unexplained wealth orders in the last two years, those under investigation had originally entered the UK with a golden visa.

Most golden visas have been issued to individuals from countries with a high risk of corruption. Between 2008 and 2020, a third of all golden visas were issued to individuals from mainland China and 20% to people from Russia. Other significant countries of origin included Azerbaijan, Uzbekistan, Kazakhstan, Pakistan, Egypt, Saudi Arabia, Ukraine and Turkey. Between 2008 and 2019, 9% of golden visa applications were refused. By comparison, 42% of asylum applications were refused. The UK has regularly been cited in magazines and other sources that appeal to the wealthy as one of the most popular golden visa regimes in the world, and one of the fastest: applications are turned around within three weeks. For UK asylum applications, the turnaround time is around six months or worse. Whether that is regarded as a fair system is an open question.

Last week, I looked at the Intelligence and Security Committee’s Russia report. I quote paragraph 49:

“the UK has been viewed as a particularly favourable destination for Russian oligarchs and their money. It is widely recognised that the key to London’s appeal was … the UK’s investor visa scheme”.

It goes on to say in paragraph 50:

“What is now clear is that … it offered ideal mechanisms by which illicit finance could be recycled through what has been referred to as the London ‘laundromat’. The money was also invested in extending patronage and building influence across a wide sphere of the British establishment … Russian influence in the UK is ‘the new normal’, and there are a lot of Russians with very close links to Putin who are well integrated into the UK business and social scene”—


and, as we all know, into UK politics, in effect corrupting aspects of British institutions and politics, extending into Parliament and the Conservative Party. The Intelligence and Security Committee’s report goes on to say that “one key measure” to limit the damage that is being caused

“would be an overhaul of the Tier 1 (Investor) visa programme—there needs to be a more robust approach to the approval process for these visas.”

I failed to find this touched on when I read through the Bill. I hope the Government will accept that the Bill provides an opportunity to develop a much more robust approach to this rather shameful visa programme.

Nationality and Borders Bill

Lord Wallace of Saltaire Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 10th February 2022 Lords Chamber

[Lord German (LD)]

My Lords, Amendment 181 seeks an exemption from the immigration health surcharge for international volunteers who come to the UK to work with vulnerable adults and children. International volunteers make a significant contribution to the work of UK charities across the whole of our country, particularly in the health, social care and education sectors.

The decision of international volunteers to travel hundreds and thousands of miles to help vulnerable people in the UK is a huge decision and commitment. Though they might get a subsistence allowance and board and lodge, they receive no salary. Additionally, the volunteers have to pay for their visa, insurance and flights. The additional impact of the immigration health surcharge simply adds to the financial burden on these volunteers and the charities they support, with the net result that the UK will probably attract fewer international volunteers.

Beyond the role they play in our domestic work, helping our society, these volunteers often become friends for life, not just to the individuals they have helped but as friends of the United Kingdom, in much the same way as international alumni of UK universities become friendship ambassadors of this country. They have formed bonds of friendship that can pay big dividends for us as time passes.

This amendment has the support of 55 charities and voluntary sector bodies across Scotland, Northern Ireland, Wales and England. These organisations are feeling the impact of this surcharge and are seeking an exemption for their international volunteers. One of these organisations is Camphill Scotland, which supports more than 600 people with learning difficulties and other support needs. It works in the social care sector and has the support of more than 300 international volunteers. Without them, the charity would have to curtail its work. The Welsh Centre for International Affairs supports international volunteers, many of whom work with young people in disadvantaged areas in the south Wales valleys.

By way of comparison, if the work of international volunteers was undertaken by full-time paid staff, each post would cost the charities more than £17,000 per year. Volunteers cost charities about £600 plus subsistence, board and lodge. But the volunteers have to pay £625 for a visa, plus now another £230 for the immigration health surcharge, plus their air fares, plus their insurance. As an example, this is what international volunteer Constantin Jacobs says of the problem:

“There will be so many people that cannot afford to volunteer abroad any more, it might not sound like a huge difference for everyone but for young people who have just finished their school or their studies, and who do not have a lot of money, this difference can mean the decision to go or not to go to the UK to spend their voluntary year there. The UK would be much less attractive as a host country. I am sure that there would be many people who would actually love to go to the UK, deciding in the end to go to another country because of this change. This would be very bad for the volunteers and even worse for the organisations in health and social care systems that rely on volunteers from abroad!”


International volunteers are unpaid—not because they are worthless but because they are priceless. If they are priceless, I hope the Government will consider removing this charge from this one special group of people to allow us to continue the work being done and to create such good will around the world.

[Lord Wallace of Saltaire (LD)]

My Lords, I will speak to Amendment 183, which I hope the Government may be willing to accept before Report.

Investor visas were introduced in 1994. They became tier 1 investor visas in 2008. Conditions were tightened under the coalition Government in 2011 and further in 2014. Successive Governments, from different parties, have allowed them to continue. Theresa May announced a review of the scheme in 2018, after the Salisbury poisonings raised concerns about the numbers of wealthy Russians resident in the UK, but so far that review has not been published.

The majority of investor visas have been given to wealthy people from Russia, China and central Asia—all countries with high levels of corruption and extreme inequality. Given the FCDO’s recognition that the greatest state threats to the UK come from Russia and China, this does not fit easily with the Prime Minister’s aspirations for “global Britain”. It has been reported that more than 6,000 golden visas—half of those ever issued—are now being reviewed for possible national security risks. Many of those who received them will by now have acquired full UK citizenship.

Two Court of Appeal judgments in the past year have thrown up new questions about the regulation of this scheme and the sources of the finance pledged by applicants. Paragraphs 49 to 52 of the Intelligence and Security Committee’s Russia report, now published over three years ago and to which the Government have been extremely slow to respond, let alone to implement its recommendations, say that

“the UK has been viewed as a particularly favourable destination for Russian oligarchs and their money. It is widely recognised that the key to London’s appeal was the … UK’s investor visa scheme … The UK welcomed Russian money, and few questions—if any—were asked about the provenance of this considerable wealth … What is now clear is that it … offered ideal mechanisms by which illicit finance could be recycled through what has been referred to as the London ‘laundromat’. The money was also invested in extending patronage and building influence across a wide sphere of the British establishment … there are a lot of Russians with very close links to Putin who are well integrated into the UK business and social scene … This level of integration … means that any measures now being taken by the Government are not preventative but rather constitute damage limitation … It is not just the oligarchs either: the arrival of Russian money resulted in a growth industry of enablers—individuals and organisations who manage and lobby for the Russian elite in the UK. Lawyers, accountants, estate agents and PR professionals … To a certain extent, this cannot be untangled and the priority now must be to mitigate the risk”.

After warning about the extent of illicit Russian financial activity in the UK, including extensive donations to political parties, the report states in paragraph 56:

“One key measure would be an overhaul of the Tier 1 (Investor) visa programme—there needs to be a more robust approach to the approval process for these visas.”


So far, the Government’s published response to the ISC report makes no reference to this recommendation. If this has been true for Russians, it has also been true for Kazakhs, Azeris, Malaysians and Chinese. The Government recently made a great fuss about a British citizen with close links to the Chinese state and the funds she had donated to a Labour MP. It is surprising that they have so far made much less fuss about our resident Russian-linked community.

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[Lord Wallace of Saltaire (LD)]

My Lords, I hope the Home Office has consulted the FCDO on this issue. The Minister will be aware of the report from the Center for American Progress in Washington which argues—and this is the conventional wisdom in Washington as far as I can see—that we are the weak link in the West’s relations with Russia, and the reason why we are the weak link is because of this large colony in London with such close links to Putin.

[Baroness Williams of Trafford (Con)]

My Lords, I acknowledge all the points that the noble Lord has made and agree that there is more to be done here. I do not think anyone could deny that. The Criminal Finances Act was a start and there is more to be done in this space, most definitely, but I think I will leave it there. I hope, with what I have said, that the noble Baroness will be happy to withdraw her amendment.

Nationality and Borders Bill

Lord Wallace of Saltaire Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

[The Lord Bishop of Bristol]

My Lords, Amendment 70A is in my name and I am grateful to the noble Baronesses, Lady Lister and Lady Hamwee, for their support, and to Kalayaan for its briefings and assistance. We debated this amendment in Committee but are bringing it back because the Government’s response seemed a little unclear on the situation as it occurs on the ground, and we might push them a little further to take overdue action. I will be interested to hear if there is any progress tonight.

The situation faced by overseas domestic workers is a historic wrong which has been allowed to continue for a decade, despite consistent evidence from the sector on what is happening. We need to reiterate from the start that this amendment looks only to restore the previous status quo, from before 2012. We know from the data collected by Kalayaan that, since then, reported levels of abuse of domestic workers have increased significantly. We also know that the Government recognised this as a legitimate problem, which is why new measures were introduced in 2016, as referenced by the Minister in Committee. These included allowing domestic workers to change employer but not to extend their visa, except in the cases of those officially recognised as a victim of people trafficking or modern slavery. The fact that these measures were felt necessary in 2016 is evidence that the Government concede that the abuse and exploitation is real and needs confronting.

Sadly, the evidence of the last six years from Kalayaan shows that while the problem is real, the 2016 solution has not really succeeded in helping at all. Indeed, its evidence shows that abuse and exploitation have continued in exactly the same way as before. For many of the workers in question, the inability to extend their visas when they change employer in practice leaves them trapped. If workers have only a relatively short time remaining on their visa—weeks or a few months—their visa status makes them unattractive potential employees and so, in practice, makes leaving their abusive employer the only option on paper.

The Government, including the Minister in Committee, have also urged that exploited workers are best dealt with through referral to the NRM. However, the problem here is that while many of the workers in question may have a case under employment law, they often do not meet the criteria of victims of modern slavery. They are, however, by virtue of their status at risk of falling into slavery or other forms of exploitation and abuse, precisely because it is difficult for them to change job or receive support—and because many are simply unaware of their rights or in possession of their passport or visa.

This amendment is really about prevention rather than cure. By restoring the previous ability of domestic workers to change employer and extend their visa we would empower them to report abuse, confident in their ability to attract alternative employment. Instead of waiting for them to become victims of slavery, we would be providing them with their own productive agency to escape their situation and report their exploiters. In the context of the Bill, this is a very modest amendment which would make little difference to the overall migration picture in the UK, but a vast difference to the lives of those impacted. We now have 10 years of data and evidence built up on this issue and I hope that we might be able to right this historic wrong. I beg to move.

[Lord Wallace of Saltaire (LD)]

My Lords, my Amendment 75 is in this group and I wish briefly to speak to it. Things have moved on a little with investor visas since Committee. The Government have at last moved to announce that they intend to suspend, or possibly abolish, the investor visa scheme. They have announced that they will replace it with a new scheme, about which we are not yet very well informed. I hope that, in replying, the Minister will be able to tell us a little more about it.

It is astonishing that the review of the scheme which was promised four years ago has not yet been published. It is difficult not to accept that there must have been some considerable embarrassment within the Government to account for the absence of its publication. I have now been told informally that it is well under way and in the last stages of preparation, and it will indeed be published not just in due course but, possibly, shortly. I would like to have a definite date for its publication if the Minister wishes to persuade us not to divide on this issue.

There are very good reasons for embarrassment here. One of the two chairmen of the Conservative Party at present has made his entire career out of servicing Russian oligarchs, Chinese people and others who have come in on the investor visa scheme. That ought to embarrass the Conservative Party deeply. The Intelligence and Security Committee’s Russia report referred to evidence of foreign interference in British politics. The Government’s response was to say that they knew of no evidence of successful interference in British politics, and they have therefore declined to publish what evidence there is. That also seems improper, and I hope the Minister will be able to say something about reconsidering whether the time has now come for the Government to accept the recommendation of the Intelligence and Security Committee to publish that evidence. There is a stain of potential corruption and foreign interference around investor visas, Russian oligarchs and others that affects this Government and the Conservative Party.

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Moved by

[Lord Wallace of Saltaire]

75: After Clause 78, insert the following new Clause—
“Tier 1 (investor) visas: review report
Any replacement, successor or alternative visa scheme to the Tier 1 (investor) visa scheme must not come into operation until the Secretary of State has published and made publicly available the review of Tier 1 (investor) visas granted between June 2008 and April 2015.”Member’s explanatory statement
This new Clause would require the Government to publish its review into Tier 1 (investor) visas granted between June 2008 and April 2015 before any replacement scheme can be brought into operation.

[Lord Wallace of Saltaire (LD)]

My Lords, I was not satisfied by the answer, and I would like to test the opinion of the House.