Student Visas

Mark Lazarowicz Excerpts

Thursday 16th June 2011 Westminster Hall

[Paul Blomfield]

I thank the Minister for that contribution, but there is still some need for clarity. As my hon. Friend the Member for Nottingham South (Lilian Greenwood) has indicated, there is still a great deal of uncertainty. A lot of activity is currently under way in our universities to re-verify the offers that have been made.

[Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)]

I congratulate my hon. Friend on securing this debate. Did he, like me, hear the Minister say that the position was the same for those students who had received an unconditional offer and an acceptance? I am not sure whether I heard the Minister clearly. If that is the case, it does not deal with the many students who had conditional offers, which is one of the problems that the universities and colleges are facing.

[Paul Blomfield]

That is a helpful observation from my hon. Friend. Will the Minister cover that point in his later remarks?

May I raise another transitional problem that was mentioned to me by the academic director of Sheffield international college regarding its preparatory programmes for the university? Sheffield international college provides pathways programmes. About 600 of its students each year go on to one of our universities in Sheffield. These students came to the UK with a conditional offer to proceed to the university of Sheffield if they succeeded with their language course at Sheffield international college.

They arrived in good faith but now face a change that has required a small number of them to sit additional English exams in their final term so that they can renew their visa. The new regulations require minimum levels of achievement in elements of the English language test that were not required on the students’ entry to the UK. Consequently, they find themselves in the final term of their programme working hard to try to stay in the UK to complete it rather than working hard to achieve their conditional requirements.

In addition, the new requirements came into force on 21 April, during the Easter break, and that has reduced the amount of time that some students have had to fulfil them. Earlier this week, I was contacted by Sheffield international college about four Chinese students in my constituency whose visas expired yesterday. For the past seven weeks, the college has been trying frantically to arrange for the students to sit the new tests, in different places across the country, before their visas expired. The students understand that they have to pass these new tests so that they can apply to extend their visas, but it has not been possible for them to sit the tests because the UKBA testing system has been unable to offer a sufficient number of tests. The system simply cannot match the demand that has been created by the chaos caused by the revisions of the visa requirements. In turn, that has led to three of the students at the college deciding to return to China this weekend. They have been unable to complete their course, their year of study has been wasted and potentially they will be unable to progress on to their degree programmes. How many other students are there across the country in a similar situation and what reputational damage does all that do to UK education internationally?

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[Mr Jackson]

I am touched that the hon. Lady calls me her hon. Friend, and I am happy to accept that sobriquet. I would direct her to the recent comments by Nicola Dandridge of Universities UK, who said that the Government’s proposals

“take into account many of the concerns expressed by Universities UK and will allow British universities to remain at the forefront of international student recruitment.”

That was said after an exhaustive, detailed and comprehensive consultation with key stakeholders, including language schools, universities, colleges of further education and others intimately involved in the system.

[Mark Lazarowicz]

If I am called to speak, I hope to refer to a letter that I have had from the principal of Edinburgh university, Professor Sir Timothy O’Shea. The university was founded in the middle of the 16th century, and its chancellery recently passed a humble address on the occasion of the Duke of Edinburgh’s 90th birthday. Is the hon. Gentleman saying that it is not a reputable institution and that the concerns raised by the principal are not real?

[Mr Jackson]

The former Prime Minister was an alumnus of Edinburgh university. However, none of us is in any doubt that we live in an age of globalisation and that we must be competitive. The Government’s template and watchword is that we will be open for business and geared to growth across a number of areas, including manufacturing, services, finance and higher education. We all understand that that approach is based, in the higher education sector, on the reputation, kudos and prestige of the institutions involved, and none of us has any argument with that. I truly and sincerely believe that the Government and my hon. Friend the Minister would not hastily introduce proposals that damaged that reputation.

The onus is on those taking the Government to task to demonstrate that the proposals will damage the reputation of the higher education sector and that they are not—as I believe, and as the Chairman of the Home Affairs Committee would surely concede, given the views expressed to his Committee—about dealing with bogus institutions, bogus students and overstayers. I will talk later about the financial impact, which I mentioned in my intervention on the hon. Member for Sheffield Central.

The wider issue is that if we do nothing about net migration, we will have a population of 70 million in 20 years and one of perhaps 80 million in 50 years. Under the Labour Government, net migration quadrupled to 237,000 per annum between 1997 and 2007. With the exception of Malta, England is now the most overcrowded country in Europe, along with the Netherlands. Under the former Government, 5.2 million people came into this country as foreign migrants, while 2 million left.

As I said, senior parliamentarians have noted that significant mistakes have been made. I draw hon. Members’ attention to the projections made about European Union migration before the free movement directive came into force in 2004. Officials at the then Home Office told us that about 13,000 to 15,000 EU migrants would seek temporary work under the worker registration scheme, but they were out by a factor of 25, if not more.

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[Keith Vaz (Leicester East) (Lab)]

It is a pleasure to follow the hon. Member for Peterborough (Mr Jackson). He is right to widen the debate from student visas, because the Government’s intention in trying to limit the number of students coming into this country is based on their view that over the next four years—by the end of this Parliament—they can reduce net migration from hundreds of thousands to tens of thousands.

However, I am sure that other Members, like me, are surprised that the Government have already revised their statistics and calculations. As the Select Committee on Home Affairs concluded, it will be difficult for the Government to meet that target. When the Home Secretary made her statement to the House, she said that she hoped to reduce student numbers by 80,000 each year until 2015, but on 13 June, the Home Office revised its figures and told us that curbing student visas will reduce total numbers by only 46,000 annually. Some could say that that is because the Government have listened and recognised the importance of the student route, but I think it relates to a fundamental point made by the hon. Member for Peterborough and—dare I say it?—the chairman of Migrationwatch UK: we cannot discuss immigration openly, honestly and transparently unless we know what the figures are, and we do not know what the figures are, because we still do not count people in and out of this country.

Part of the blame must lie with the previous Government. They signed the e-Borders contract and agreed to pay the company concerned £188 million, and, in my view, they failed to monitor how that private sector contract operated. This Government, of course, have decided to end the contract with Raytheon. Sadly, it took them more than nine months to appoint a successor, and they have now agreed to spend another £30 million or so, asking Serco and IBM to provide the same service as was provided in the past.

The reason why I raise the issue, and why the Select Committee keeps raising it in every report that we produce, is that we are all for having a good debate on immigration—it is important and healthy to do so here rather than on the streets of West Bromwich, Leicester or anywhere else—but if we are to have that debate, let us have some figures on which we can all agree. At the moment, we still do not have those figures.

On the completion of the e-Borders programme and the Minister for Immigration’s focus on it, he was keen to ensure when he was in opposition that the previous Government counted figures, although I am glad that the Government have abandoned their original plans for asylum seekers to be dealt with on that famous offshore island before coming into this country. It is important that we ensure that the e-Borders programme works, for the reasons outlined by the hon. Member for Peterborough, which I think we all believe are extremely important in any discussion of this kind.

Everyone here today who has spoken on behalf of the great university towns and cities of this country has spoken for genuine colleges and institutions. Of course there are some in our constituencies that are not genuine, but by and large, what has driven my right hon. Friend the Member for Oxford East (Mr Smith) and my hon. Friend the Member for Manchester Central (Tony Lloyd) to come here—as well as the hon. Member representing University Centre Peterborough, and me with my two great universities, De Montfort and Leicester—is our belief that the Government’s proposals will affect those genuine institutions. We should be cautious about damaging them and the reputation of our colleges.

The figures are coming from India already. The number of applications to this country has decreased by 40%, even before the proposals have been implemented. If that damage starts—it started in America when the Americans changed their system, and in Australia when the Australians decided to do the same—it is difficult to recover once people believe that they cannot come to study in a country. That is why we must be tough on bogus colleges.

[Mark Lazarowicz]

My right hon. Friend is right to say that most of us here have come because of deep concerns about universities and colleges in our constituencies, but we also have concerns about the many reputable, high-quality English language schools that are being affected even more seriously by the changes, in some ways. The Government must change their proposals if those schools are to survive.

[Keith Vaz]

My hon. Friend is absolutely right. The Home Affairs Committee held a big meeting in Brighton with local MPs from various parties, including the Green party, the Conservative party and the Liberal Democrats, and they were all against the Government’s proposals due to the damage that they will cause to English language colleges. In many cases, such colleges are the pathway to full-time degrees. It is extremely important that we focus on them as well.

However, we must be absolutely tough on bogus colleges. We have suggested two ways for that to happen. Unannounced inspections by the UK Border Agency are necessary. In the past, the UK Border Agency rang up colleges and told them that inspectors were coming. By the time they arrived, all of a sudden—like “Mission: Impossible”, for those who are old enough to remember it—a whole lot of students and teachers had been brought in for the inspectors to see. How crazy is it to tell a bogus college that it is about to be inspected?

I had a call from a Conservative councillor in a London borough who preferred to ring up the Home Affairs Committee rather than the UK Border Agency to tell us that a new bogus college was operating in her ward. On Monday, I sent my research assistant to the college. She rang up and said that she was a student and wished to enrol on the course. They said, “Right, come along at 10 o’clock and we’ll give you a brochure.” She arrived, and there was absolutely nobody in the college. She stood outside and rang them again. They said that they were not open yet, but would be in September, and that they had applied to the Home Office. I have a letter for the Minister. I hope that he will check whether that is in fact the case, so that I can tell the hard-working local councillor whether that college is bogus.

We need proper inspections. Nobody in the Chamber has a tolerance of bogus colleges. We want to ensure that they are closed down, because they are bad for the students who go there. The second point on bogus colleges and abuse relates to the points-based system that the previous Government introduced. The system gives no discretion to entry clearance officers and immigration officers at Heathrow airport. It is left to whistleblowers to go to the Daily Mail and say that we let in all these people who had student visas who do not actually speak any English, but are doing computer courses—I think that was the last claim that we saw in one of the newspapers. We need to give discretion to our professionals. The points-based system is absolute and clear, but that extra discretion is necessary to enable the entry clearance officers to say yes and no, even if people qualify under the points-based system, and to give immigration officers the authority to make those decisions.

My final point is one that I raised with my hon. Friend the Member for Sheffield Central (Paul Blomfield), and I join other hon. Members in congratulating him on securing the debate. I know that he has been trying to do so for many months. He was offered a shorter slot. He said that many people were interested in the issue, hung on and we can see the number of hon. Members who are here today. I congratulate him on hanging on long enough to secure a good three-hour debate. I will not speak for long because other hon. Members wish to speak.

The Home Affairs Committee report concluded that students were not migrants, and should not be part of the figures. They are not migrants because they come to study, not to settle. Of course, the Minister will come out with his figures and say that he finds that some settle in the end, because they keep applying to change their courses. Well, I for one have no problem with non-switching. I am not a great fan of people who come on the basis of one set of visas and want to switch to another.

I do not know whether it happened during the term of office of my right hon. Friend the Member for Sheffield, Brightside and Hillsborough (Mr Blunkett), but the previous Labour Government stopped the switching from visitors to spouses. I therefore have to tell my constituents that, if people come here on holiday and fall in love with a British citizen, I am afraid that they have to go back and apply again. The previous Labour Government provided for that. I have no major problem with switching, but we need to be very clear. It is more of a systemic problem than one of intention. If there is a problem of intention, we can deal with it by preventing switching.

We should not, however, damage our university and English language sector by accusing all students of wanting to come here, study and stay. That is why what my hon. Friend the Member for Sheffield Central said about post-work study is so important. When they choose to come here, they also choose to work for that year, and that is essential to their studies. If they do not come here, they will go to the United States of America, Australia or France.

The Minister of State, Foreign and Commonwealth Office, the hon. Member for Taunton Deane (Mr Browne), gave evidence to us, as I think he did to the Committee chaired by my hon. Friend the Member for West Bromwich West (Mr Bailey). He talked about Britain being the centre of world for education. He told us about Nottingham university and how he personally, because of his interest in Malaysia, had gone to Malaysia and got thousands of Malaysian students to study in Nottingham. Indeed, there is a campus just for Malaysian students. He was very proud of that. We cannot have one Minister saying that we are open to the world and then have other Ministers trying to prevent that from happening.

I hope that the Minister will not say that the UN tells him that the students are migrants, and so they have to be migrants. If they are not migrants and they wish just to study and then leave, they should not be counted as migrants. If they are working illegally or there is any abuse, I say to the Minister for Immigration—I know that he will take this seriously, and has taken this seriously—out they go. There is no tolerance of people who abuse the system. I have just come back from a visit to the Greek-Turkish border, where I saw people who are trying to come into this country, crossing over at an enormous rate. I, for one, am very happy to work with the Government and others to try to stop illegal immigration.

When we are dealing with people who genuinely want to come to study, the Government should stop, consider and reflect, because of the potential damage to our reputation as the greatest country in the world for education. That reputation was the reason why my family chose to come here when I was nine years of age. They chose to come here because of this country’s reputation for valuing education. Let us not damage our reputation. Let us make sure that our rules and policies are clear and transparent, but fair.

[Richard Fuller (Bedford) (Con)]

It is a great pleasure to serve under your chairmanship, Mr Benton, and to speak in the debate secured by the hon. Member for Sheffield Central (Paul Blomfield). He made an articulate speech that raised a number of points, which I am sure the Minister will consider. I think that he will find support across the House on some points. Other points might be a little more contentious, but we look forward to hearing his comments.

Mr Benton, I must ask for your forgiveness and that of other hon. Members, as I will not be able to stay for the closing remarks from the Minister. I have a good reason, which allows me to highlight what is perhaps a contrarian point. I am meeting representatives from the Taiwanese embassy equivalent to talk about a visit by Taiwanese students to the university of Bedfordshire in my constituency of Bedford, which includes Kempston. Some Opposition Members talked about the importance of having people come from mainland China. We all have to make our choice of Chinas. I tend to prefer those that have elections and do not lock up Nobel prize winners. The issue with Taiwan that is important to mention is that we have simplified immigration rules for Taiwanese students to come to study here. It is precisely because the controls and understandings that Taiwan has in sending students overseas are so well administered that we have confidence in the country that is sending, as well as the country—the UK—that is receiving. It will be a great pleasure to welcome them.

We have a responsibility to weigh up two major factors, which have come through the different contributions: restoring people’s confidence in our immigration system and controls; and ensuring that we are optimising and maximising the opportunity to enhance the economic well-being of our universities, and the role that our open educational system can play to spread freedom, democracy, belief in the rule of law, understanding of free markets, and the belief that every citizen’s rights have to be recognised in all parts of the world. That is an important and critical role that our universities play. As I am leaving shortly, I will address those two areas quickly.

My hon. Friend the Member for Peterborough (Mr Jackson) said that immigration control is a significant responsibility for the Government. If we do not believe that, then I do not think that any of us can have knocked on doors at the general election. It was raised as a concern by many residents. There was exasperation at how the system had got out of control under the previous Government. Both the previous Government and this Government sought to bring in controls. We are still dealing with an issue where people’s confidence has not yet been restored. I urge the Minister, in response to all the hon. Members he will hear from today, not to lose sight of the fact that he has a significant responsibility to ensure that people’s confidence in our immigration system is restored. He and his colleagues in the Home Office have made a very good start, but he has to see it through to the end. That sometimes requires very tough decisions. I urge him strongly to continue all the way through this period of office, and I congratulate him on the steps that he has taken.

[Mark Lazarowicz]

Does the hon. Gentleman accept that confidence in the immigration system will be even more jeopardised if the Government make announcements that claim that they will sort out the problem, but then find that the immigration figures are still increasing and that, for example, the measures for overseas students will do nothing whatever about EU students? Will that confusion lead to even less confidence in the immigration system?

[Richard Fuller]

The hon. Gentleman urges some very good caution. The worst thing to do is to ignore the immigration issue, pretend it is not there and destroy people’s confidence in the system, as his Government did. However, as the right hon. Member for Leicester East (Keith Vaz) said, there is an issue about trying to ensure that we have the numbers, so that we are dealing with the facts. Facts help people to gain confidence. If people do not have the facts, it is harder to gain their confidence. However, the measures this Government are taking on that have been a significant step forward on behalf of the country.

The United Kingdom—what a wonderful country we live in, and how proud we can be of our values and our society. We have these great debates in this fantastic mother of Parliaments. We are a beacon for educated people around the world. We should be really, really proud of what is now called the soft power that countries such as ours have. The fact we have a vibrant series of educational institutions is a critical part of ensuring that the United Kingdom continues, in the words of a former Foreign Secretary, to punch above its weight. There is no doubt that hon. Members from all parties think that that is an important thing for us to accomplish.

However, we must recognise that our higher education institutions are going through some substantial changes and challenges. I would like to praise Professor Marilyn Leask, who is the dean of the Bedford campus of the university of Bedfordshire. There is a Luton campus, but I shall not speak for that one. I will speak for the campus in Bedford. Professor Leask is considering with energy and vitality how to deal with the challenges faced by our higher education system in terms of the changes to student fees. She is based in a teaching training institution for physical education and is considering new ways to accommodate those changes. We must recognise that our universities are going through substantial changes. This issue is one part of a much bigger picture that they are trying to piece together, as they put together a more sustainable long-term funding basis for their future operations. It is probably not the most important part of our universities’ business model, but it is an important issue.

I ask the Minister—again, apologies that I will not be here to listen to his response, but I shall read it with great interest—to explain how the relationship between the Home Office and the Department for Business, Innovation and Skills is operating, so that we can get a sense of whether we have an integrated strategy. Million+ is asking for an integrated higher education strategy, which is a very good thing. If we have all these advantages from being this wonderful country and if we want to educate the world, we must have a coherent strategy to achieve that. That does not necessarily mean that some of the issues raised today have to be acceded to, because I do not think that all of them are right, but it does give a context for where we are heading. As these institutions and universities are building their new business models, we need to give them a context in which they can plan for the long term more coherently.

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[Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship today, Mr Benton. I am glad to have the opportunity to speak in this debate on student visas, which is an issue of importance not only to the ancient university of Edinburgh but to the other three universities in my city, Heriot-Watt, Napier and Queen Margaret. There are also implications for many of the city’s colleges, in particular Telford college with its new headquarters, which has a long history of welcoming international students and, indeed, only recently received an award as the best college in the UK for international student support. For the record, I congratulate the college on that award. Student visas are also of concern to many of the high-quality and reputable language schools in my constituency and elsewhere in Edinburgh.

As other Opposition Members have said, no one disputes that it is important to crack down on bogus students and colleges and on low-quality colleges. In common with many other Members, I have had people at my surgery who have been the victims of applying to colleges that then did not come up to standard. No one is under any illusion that we must tackle that issue, or the wider one of immigration, but they must be discussed in the right place and at the right time. We must not, however, allow the pursuits of a Government wanting to fulfil an arguably unfulfillable promise on immigration to have a detrimental effect on bona fide students and bona fide universities and colleges, which make a vital contribution to the economy of the UK and of many of our communities. I take issue with the hon. Member for Peterborough (Mr Jackson) who talked about the “vested interest” being defended by Members; we are not only talking about the professors, principals and numerous staff of universities but about institutions that affect the wider economy. Universities and colleges are important in themselves and for the wider economic benefits in our communities.

Many Members, in all parts of the Chamber, made points with which I associate myself, but I will concentrate on a number of specific issues, raised directly with me by some of the universities and colleges in Edinburgh. First, as mentioned by my hon. Friend the Member for Sheffield Central (Paul Blomfield), who commenced the debate, in many Scottish universities it is still the norm for the undergraduate degree to be over four years and not three. Clearly, the five-year limit will have consequences for those who wish to study at postgraduate level as part of the wider education offer in England, but it will have much more serious consequences for someone who might have only one year after the completion of the undergraduate course in which to consider taking a postgraduate course.

The implications are wider still. Professor Steve Chapman, the principal of Heriot-Watt university, has pointed out to me that a number of degrees include an integrated year abroad or industrial placement as part of the undergraduate course, so people will use up their five years even without going to postgraduate level. The five-year limit also means that there is absolutely no flexibility at the end of the course, for resits possibly or for delays caused by other legitimate extensions. I hope that the Government will reconsider and change the proposal to take account of the four-year undergraduate course that is still standard in much of Scotland.

In addition, Professor Chapman said that five-year integrated undergraduate and masters programmes are common, again allowing for no flexibility at the end of the five years. He points out that the school of engineering at Edinburgh university has 19 separate master of engineering, five-year, integrated undergraduate and masters degree programmes, with other courses available elsewhere in Scotland. I hope that the Minister will consider the consequences of the five-year limit for the Scottish education system, in which a four-year undergraduate degree is the norm.

My second point was made by a number of colleagues: the shortness of the notice given to universities about the changes. As I indicated in my earlier intervention, I received a copy of a letter that the principal of Edinburgh university, Professor Sir Tim O’Shea, sent to the Minister at the beginning of May:

“I write to express alarm at the changes to English language requirements as part of the Tier 4 student migration system. The changes will impact on a third of our expected international intake this year and present a serious impediment to the successful recruitment of high quality international students.”

He goes on to say:

“The changes to English language requirements for Highly Trusted Sponsors have been introduced without any dialogue, part way through our admissions cycle and with no transition phase to enable effective planning. The changes will almost certainly result in legal challenges to our admissions process given that it will necessitate amendments to offers of admission already made to over 800 international applicants seeking to enter the University of Edinburgh this year.”

He then makes an important point:

“The benefits of having ‘Highly Trusted Sponsor’ status remain unclear if sponsors who achieve the highest levels of compliance are to be obstructed from admitting the highest calibre of international students.”

Professor O’Shea urges the Government to postpone changing the English language requirement in this admissions cycle, and asks the UK Border Agency to consult on changes for the next cycle. I endorse his comments, and I hope that the Minister will take on board the concerns expressed by Professor O’Shea and many other university principals and organisations with an interest in this debate.

There may be some misunderstandings about the implications. As my right hon. Friend the Member for Sheffield, Brightside and Hillsborough (Mr Blunkett) said, there are particular issues for those who have received conditional offers or have not completed the process of accepting a firm offer by 21 April. The fact that clarification is needed is a reason for, at least, postponing the changes to the next cycle so that universities can fully take on board the changes that the Government are introducing.

I could make many other points about issues that my hon. Friends have raised, including the effect on language schools, which I mentioned briefly, and restrictions on dependants, which will have an effect on some students. Concern about the post-study period was raised at length by colleagues. I will not raise those matters again today.

In statements elsewhere, the Government have recognised the need for the UK to maintain its position with our global competitors in many respects. The ability of high-quality, qualified students to come to the UK is one way of ensuring that we are globally competitive. As my right hon. Friends the Members for Leicester East (Keith Vaz) and for Sheffield, Brightside and Hillsborough said, the consequences for our reputation and standing abroad will be long standing. If the message gets out that Britain is not open for business and is not welcoming to international students, it will have an effect not only on students who do not come here but go elsewhere, but on future business contacts if students do not have a positive experience in the UK, on future cultural contacts, and on general good will towards the UK. There will be short-term and long-term economic consequences.

As the hon. Member for Bedford (Richard Fuller) made clear, there are many other reasons for welcoming international students to this country. It is not a question just of a narrow economic interest; there is the wider interest of Britain’s standing as a whole. However, the economic interest is important. In Scotland alone, the income raised from international student fees in 2009-10 was worth some £260 million. Of every £100 earned by Scottish universities from teaching grants and contracts, international students accounted for £16. Economic interest is not the only reason why the changes should be reconsidered, but it is important, and I hope that the Minister recognises that. Those of us who raise the concerns of universities in our constituencies are raising immediate concerns, but also concerns about our ability to compete on the world stage. I urge the Government to reconsider the way in which these proposals are being introduced, particularly with reference to the implications for those who want to come to Scotland to take a four-year degree course and thereafter to consider postgraduate study as part of the overall package that attracts them to our country.

[Several hon. Members]

rose—