Border Security, Asylum and Immigration Bill (Tenth sitting)

Matt Vickers Excerpts

Committee stage
Thursday 13th March 2025 Public Bill Committees

[Pete Wishart]

I trust everybody enjoyed the five-course banquet we had in the 20 minutes available to us. I apologise if I seemed to be unnecessarily detaining the Committee and depriving them of a good and solid lunch; we will make sure that that does not happen again, Dame Siobhain.

It was with a gasp of astonishment that we learned of this Government’s intention to change the nationality good character requirement guidance—it came totally out of the blue. I think we are all still reeling a little bit, thinking about what this involves and what is at stake. It establishes a new standard that individuals who previously entered the UK illegally or without valid entry clearance, particularly in what is described as a “dangerous journey”, will now be refused citizenship. That is a huge departure from previous practice, where illegal entry was typically considered a barrier to citizenship only if it had occurred in the past 10 years. Regardless of how long a person has lived in the UK, their mode of entry could now be used to deny them the right to naturalise.

This policy has been implemented without prior consultation or parliamentary scrutiny—it is going to get a little bit this afternoon, but that is only because we have brought the issue to this Committee—and that raises serious concerns about its fairness and legality. The majority of refugees arrive in the UK through irregular routes; safe and legal pathways remain extremely limited, as we learned in the previous debate. By effectively banning these individuals from citizenship, this policy risks permanently disenfranchising those who have sought protection in the UK and who have built their lives here.

We already heard from the United Nations High Commissioner for Refugees, which wrote to the Committee to say that the decision to deny citizenship based on mode of entry contradicts the UK’s commitment under international law, particularly article 31 of the 1951 refugee convention. This article’s non-penalisation clause states:

“The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.”

The denial of citizenship based on how someone arrived in the UK is a clear penalty, which goes contrary to the convention. The UNHCR notes that it previously highlighted in its legal observation on the Illegal Migration Bill 2023 that restricting access to citizenship under section 31 to 35 of that Act would constitute a

“penalty under Article 31 of the Refugee Convention and be in breach of that provision. It further stated that the provisions ran counter to Article 34 of the Refugee Convention and Article 32 of the 1954 Convention on Statelessness which requires States to ‘as far as possible facilitate the assimilation and naturalization of’ refugees and stateless people”.

Despite the proposed repeal of these provisions, updates to the nationality good character requirement guidance issued in February 2025 appear to reintroduce similar barriers, further restricting pathways to citizenship for those affected. In addition, the policy change is likely to deter many from applying for citizenship altogether, given the high costs involved and the lack of an appeal process in case of refusal. Even if the guidance states that an exception may be made, which I am pretty certain is what the Minister will tell me, those who would be likely to obtain citizenship due to their personal circumstances will be deterred from applying.

Currently, a naturalisation application costs £1,605, with an expected increase of £1,685. That financial burden, combined with the uncertainty surrounding the application process, creates significant barriers for refugees and stateless persons who would otherwise seek to integrate fully into British society.

The application of the policy will go beyond individual applicants. Citizenship is a key factor in social integration, providing security, stability and full participation in civic life, including the right to vote in general elections. Without access to naturalisation, many individuals who have lived and worked in, and contributed to, the UK for years—if not decades—will remain in a precarious status. Although the Home Office guidance allows for some discretion in decision making, it provides no real criteria on how that discretion will be applied. The lack of transparency makes the process unpredictable and risks creating a system where citizenship decisions are inconsistent or arbitrary.

The changes also highlight the broader issue of immigration law being shaped through administrative guidance rather than through democratic scrutiny, which is our role as parliamentarians in this House. By changing the interpretation of the statutory good character requirement without parliamentary oversight, the Home Office has effectively reinstated elements of the Illegal Migration Act 2023 that were meant to be scrapped through this Bill. The lack of accountability is deeply concerning.

Granting citizenship is a key step in ending an individual’s status as a refugee or stateless person. It also benefits the host country by fostering economic, social and cultural integration while promoting social cohesion. Restricting access to citizenship undermines those objectives, and that is why I tabled this new clause.

[Matt Vickers (Stockton West) (Con)]

The new clause would require the Secretary of State to change current Home Office guidance stating that people who entered the UK illegally, regardless of how long ago, will normally be refused citizenship. The new clause states that illegal entry—in other words, breaking into this country—should be disregarded as a factor for the purposes of assessing whether a person applying for British citizenship meets the good character requirement. Effectively, both the Liberal Democrats and the SNP want to ensure that entering this country illegally is not a bar to gaining citizenship.

British citizenship is a huge honour and privilege, and the benefits that come with it have attached costs. Can hon. Members see what a pull factor this measure would create for making dangerous channel crossings in small boats? There is nothing compassionate about allowing small boat crossings to continue, and this new clause would do nothing but encourage more. The Labour Government are already repealing provisions in our Illegal Migration Act that prevented illegal migrants from getting citizenship. It seems that the SNP, the Liberal Democrats and the Labour Government are all in agreement that illegal migrants should get British citizenship. Do the SNP and the Liberal Democrats agree with the Prime Minister that British citizenship is not a pull factor for illegal immigrants?

If people believe that crossing in a small boat will ensure that they can not only stay, but stay for evermore with all the attached benefits of British citizenship, they will continue to come in ever-increasing numbers. Even the Government’s own Border Security Commander has said that we cannot smash the gangs without a deterrent. British citizenship and all its associated benefits would provide an incentive for making that small boat crossing, inducing people to feed the model of the evil people-smuggling gangs. The Conservative party believes that British citizenship is a privilege, not a right, and certainly not a reward for illegally crossing the channel. We do not support the measure.

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[Mr Forster]

I will be relatively brief. The three new clauses concern Europol, and the Liberal Democrats and I think that they are vital to ensuring that the Bill goes further and is more effective. Cross-border co-operation is key to reducing small boat crossings—something that the former Government made it harder for our country to do. However, the Bill misses the opportunity to better tackle them. We believe that this Government should strive for greater cross-border co-operation, including by working with Europol. Including that as part of the Bill seems a sensible step.

[Matt Vickers]

Liberal Democrat new clauses 8, 9 and 10 attempt to establish a joint taskforce with Europol and provide annual reports to Parliament to reduce levels of people smuggling and human trafficking.

Most Governments accept that international partnerships and cross-border co-operation have a role to play in solving the problem, but the new clauses could restrict the Government’s ability to negotiate in this regard while creating a cost by way of the need to provide further adequate resources to enhance that partnership and participation. They would also impose a responsibility to create yet another report. The National Crime Agency has said that no country has ever stopped people trafficking upstream in foreign countries. The Australians have done it, but that was with a deportation scheme. Why do hon. Members not think that a strong deterrent—that people who arrive in this country illegally will not be able to stay—would not be more effective in stopping people smuggling?

I realise that the Lib Dems seem to think that Europe has the answer to all the world’s problems, but surely even they must appreciate the need for a deterrent, rather than an incentive. In fact, as Europe reconsiders its approach to immigration by looking at what it can do to deter illegal entries, it is even more important that we do the same, rather than becoming the soft touch of Europe.

[Katie Lam]

In the light of the comments that Government Members have made on other provisions in the Bill, these new clauses seem to us completely unnecessary. Exactly as my hon. Friend just said, they do not seem to us appropriate for primary legislation and seem more likely to constrain rather than empower the Home Secretary and Ministers in their difficult job of securing the border.

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[Matt Vickers]

Liberal Democrat new clause 11 attempts to remove the restrictions on asylum seekers engaging in employment. It is yet another inducement for making that perilous journey, and another selling point for the people smuggling gangs as they make their pitch with the aim of profiting from the peril of others. New clause 11, coupled with new clause 10, seems to mark out a marketing plan for those evil and immoral people smuggling gangs.

Successive Governments have maintained that easing work restrictions could draw asylum seekers to the UK because they would believe that the reception conditions were more favourable. It creates a huge potential for an increase in applications from economic migrants whose primary motivation for coming to the UK is to benefit from work opportunities rather than to seek safety.

Do the Liberal Democrats not agree that lifting the ban will act as pull factor for migrants all over the world to come to the UK? Do the Liberal Democrats understand the impact that such a policy would have on other Departments, such as the Department for Work and Pensions and His Majesty’s Revenue and Customs? If the Liberal Democrats are worried about skills shortages, what plans do they have to get the 9 million economically inactive people already in the UK into those roles? What thoughts have the Liberal Democrats put into the measure, the legal issues it may introduce with employee rights, and the further challenges it will give the Home Office in swiftly removing those here illegally to their country of origin?

[Katie Lam]

In evidence for the Bill, Professor Brian Bell, who chairs the Migration Advisory Committee, spoke about what he sees as the incentives for people to come over here from France, which is of course a safe country. He spoke of the strong economic incentives to come to the UK and the challenge that poses for any Government because it would not necessarily benefit us to remove those incentives. He said:

“the unemployment rate is 7.8% in France and 4.4% in the UK. The gap is slightly larger for young people than for the population as a whole. I am sure the Government would not want to change that incentive, although the French probably would. If you have a buoyant economy relative to your neighbour, at least in the labour market, that is an incentive.” ––[Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 58, Q89.]

He went on to say that there are some things that we could do that might help, such as better enforcement of our labour laws, making it more difficult for people to work illegally.

What the hon. Member for Woking and the Liberal Democrat party are proposing is exactly the opposite of what Professor Bell was saying that we should do. Allowing asylum seekers to work before their claims are approved would make it easier for people to come here illegally and make money, and so it would increase the economic incentive for people to come, which we have heard is a pull—perhaps the primary pull—for people making those life-threatening journeys across the channel in the hands of organised criminal gangs. We consider it to be deeply wrong and counter to the aim of everything we are trying to achieve in securing the border against illegal migration. It is unfair and immoral.

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[Mr Forster]

I beg to move, That the clause be read a Second time.

This is a minor new clause that would require the publication of a report on the impact of implementing the carers minimum wage on the level of net migration. As MPs, we want to understand the data and facts to enable us to scrutinise the Government. Without the data, we cannot do our job properly—it is as simple as that.

[Matt Vickers]

The Liberal Democrats’ new clause 14 would require the Government to publish a report on the impact of implementing a carers minimum wage on levels of net migration. It requires such publication within 12 months of the passing of the Act.

What outcome are hon. Members seeking to achieve with the new clause? What is the proposed minimum wage for carers that the Liberal Democrats would impose? Our care workers deserve fair pay. We are seeing the impact of the national insurance rise on the care sector and the organisations operating therein, who are now struggling to sustain themselves and deliver good jobs and good pay to the care workers they employ. What assessment has been done of the costs of such a minimum wage and how would the Liberal Democrats seek to ensure that this was fully funded?

[Seema Malhotra]

I am pleased to speak on new clause 14. It is unclear whether its intention is to commission a review of the impact of setting a minimum wage for new entrants or for settled workers in the care sector. I interpreted that its effect would be the Government commissioning a review into implementing a national minimum wage for workers in the social care sector. It is unclear whether it would apply to international workers or the whole labour market.

It is also unclear—I think this was the shadow Minister’s point—what the minimum wage for carers being referred to is; there are no sector-based minimum wage standards. The national living wage is currently £11.44 for people aged 21 or over. It is rising to £12.21 in April. International workers on a health and care visa are currently required to be paid £11.90.

I do not believe that it is necessary to lay a report before Parliament given that the Government publish details on migration on a quarterly basis, which will show the impact of changes in inwards migration. It will not be possible for that data to show the effect of this issue on net migration, as the figures will depend on other factors such as the number of people who choose to leave the UK, which might not be a result of care worker minimum wage requirements.  It is also not clear whether the report would have to look at settled workers and other workers in the labour market as well as those who are on health and care visas.

We have already seen a significant reduction in the number of international care workers recruited for just over a year, and that is because employers have been unable to demonstrate that they have genuine vacancies that would guarantee sufficient hours to meet salary requirements. The most recently published data and statistics show that in the year ending December 2024, the number of international care workers reduced by 91%. The work that the Home Office is doing with the Department of Health and Social Care is increasing the role of regional hubs, with £16 million going into them. Regional hubs play an important role in supporting workers who may have left an employer or lost a licence to find other employment. That reduces the dependency on recruiting from abroad because we are already using those who are here on those visas and wish to work, alongside continuing to recruit home-grown talent.

Perhaps the Liberal Democrats are not fully aware that we are introducing the first fair pay agreement to the adult social care sector, so that care professionals are recognised and rewarded for the important work that they do. The Government will engage all those who draw upon care, as well as those who provide care. We will also consult local authorities, unions and others from across the sector. Fair pay agreements will empower worker representatives, employers and others to negotiate pay, and terms and conditions, in a responsible manner. Crucially, they will help to address the long-standing issues with sustainability of resource, recruitment and retention that we all know exist in the care sector. That will address the workforce crisis in that extremely important sector and so support the delivery of high-quality care. Fair pay agreements are an important first step towards a national care service.

I hope that clarifies the Government’s position and why it will not be necessary to lay a report before Parliament—and that certainly should not be required under this legislation, which is about stopping criminal gangs in their awful trade. I hope that the hon. Member will withdraw his proposed new clause and engage in this debate in other ways.

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[Mr Forster]

I beg to move, That the cause be read a Second time.

I highlighted this proposed new clause in a previous speech. The clause would ensure a three-month service standard for asylum casework, so that the Government can tackle the backlogs that they inherited. It would require UK Visas and Immigration to introduce that three-month service standard for decisions on asylum claims, to benefit both asylum seekers and the British taxpayer. The service standard

“must specify that 98% of initial decisions on all asylum claims should be made before the end of three months after the date of claim.”

That would help the Government as they rectify the mess they inherited. If the Government suggest that the period I have chosen—three months—should be six months, I am happy to talk about that. I think that setting a stretch target—the Government are setting several, such as the 1.5 million homes target—is appropriate.

[Matt Vickers]

The Liberal Democrats’ new clause 15 would require UK Visas and Immigration to reintroduce a three-month service standard for decisions on asylum cases, meaning that

“98% of initial decisions on all asylum claims should be made before the end of three months after the date of claim.”

We agree with the principle that asylum applications should be determined as swiftly as possible, but the raft of new clauses proposed by the Liberal Democrats, including the unfunded proposals to create additional “safe and legal routes”, would surely only increase the queue, and the time required to make initial decisions on claims. The Liberal Democrats do not appear to have any desire to remove those who have entered this country illegally. We can reduce decision times by deterring people, rather than inducing them to enter the country illegally. Is the proposed new clause an attempt to speed up the granting of citizenship, as per Liberal Democrat proposed new clause 13, rather than speeding up decisions so that we can deport those who have entered this country illegally?

[Mike Tapp]

It is worth noting that, prior to February 2019, there was a six-month standard time. That was abandoned by the previous Government around the same time that they decided to open the borders. Home Office Ministers have been looking to speed up processing as much as possible. The new clause would be unhelpful because the Home Office is often waiting on outside checks to be completed. The Home Office is, of course, seeking to speed up decisions, but its control is limited because it is trying to get through such huge backlogs. The second important point is that, if we legislate for this and an international event like the Ukraine situation occurs, we would not be able to speed up processing by putting some of the people already being processed to the back of the queue.

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[Mr Forster]

I beg to move, That the clause be read a Second time.

I am happy to introduce new clause 16, which involves an exemption for NHS workers from the immigration skills charge. This new clause would require the Secretary of State to exempt the NHS as an employer from having to pay the immigration skills charge when sponsoring skilled employees.

[Matt Vickers]

Liberal Democrat new clause 16 would require the Secretary of State to apply an exception to the NHS as an employer from having to pay the immigration skills charge when sponsoring skilled employees. Do the Liberal Democrats not believe that we should be recruiting British workers to work in the NHS before we look to recruit overseas workers? Do the Liberal Democrats understand that this new clause could result in the NHS recruiting more people from overseas, rather than from our domestic population, further driving up those numbers? What assessment has been done of the costs of such a scheme, and how would the Liberal Democrats seek to ensure that it was fully funded?

[Katie Lam]

The hon. Member for Woking has tabled the new clause with a view to the role that migrant health and care workers play in UK health services. We are all deeply grateful to our doctors, nurses and care workers. They do rewarding jobs, but their roles can be difficult and gruelling, too. It is true that many people in the workforce are not British but have come to this country to do that work. We must thank them for helping to keep us and our families healthy and cared for, but it is our role in Westminster to look at the whole picture and be informed but not led by individual cases.

When we look at that picture, we see that the volumes for the health and social care visa are eye watering. Since 2021, more people have come to this country under the health and social care route than live in the city of Manchester—well over half a million, of whom many are dependents. Yes, that is because these jobs are tough, but it is fundamentally because they are underpaid. To quote the independent Migration Advisory Committee,

“the underlying cause of these workforce difficulties is due to the underfunding of the social care sector.”

Immigration alone cannot solve these workforce issues. Underpaying health and social care professionals is financially self-defeating, because the money the Government save in the short term is dwarfed in the medium and long term by the costs to the state. As we have discussed this afternoon, and as the Minister has heard me say in several different settings, after five years a person who has come to this country on a health and social care visa can apply for indefinite leave to remain. If they get it, and 95% of ILR applicants are successful, they will qualify for welfare, social housing, surcharge-free NHS care—everything. That must all be paid for, and the cost is far greater than those on such salaries will ever pay in tax and far more than they save the state with their artificially low wages. Those individual workers are also at risk of exploitation as a result of the poor pay and conditions that have been allowed to endure across the sector because we have brought in workers from abroad who are willing to accept them as the price of coming to Britain.

The next, related issue with the visa is the degree to which it is abused. The MAC describes its misuse as

“a significant problem and greater than in other immigration routes”.

That raises massive concerns about the safety of the patients and vulnerable people whom the system is charged with caring for.

The rules around the health and care visa need to be further tightened, not loosened through an exemption from the immigration skills charge, and they need to be enforced. That is for the good of healthcare workers and, as should be the Committee’s primary concern, for the good of their patients and the country. Exempting NHS workers from the immigration skills charge, or indeed doing anything that makes it relatively cheaper still to hire migrant workers, will make the fundamental problem in the health sector’s labour market even worse.

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[Mr Forster]

We need to understand the impact of our immigration laws on victims of human trafficking and modern slavery. New clause 18 would require the Secretary of State to introduce legislation that incorporates into UK law the Council of Europe convention on action against trafficking in human beings, and to report compliance with the convention. New clause 19 would prevent a public authority, in determining whether a person is a victim of slavery or human trafficking, from sharing information with immigration authorities or other public authorities that might result in deportation or prosecution for an immigration offence.

I hope that the new clauses are taken in the spirit they are intended. If they fail—based on my experience in the last hour, I think they might—I hope that Ministers and their officials will work with their teams on our immigration laws to make sure that no vulnerable person who has been a victim of human trafficking or modern slavery falls through the cracks.

[Matt Vickers]

Liberal Democrat new clause 18 would require the Secretary of State to introduce legislation that incorporates the Council of Europe convention on action against trafficking in human beings into UK law, and to report on compliance with the convention. New clause 19 would prevent a public authority, when determining whether a person is a victim of slavery or human trafficking, from sharing information with immigration authorities and other public authorities that might result in deportation or prosecution for an immigration offence.

We have seen the abuse of human rights legislation by criminals who want to remain in the UK, such as an Albanian criminal who was allowed to stay in Britain partly because his son will not eat foreign chicken nuggets. The judge in the case allowed the father’s appeal against deportation as a breach of his right to family life under the European convention on human rights. Foreign criminals pose a danger to British citizens and must be removed, but so often that is frustrated by spurious legal claims. The human right of our own citizens to be protected from the criminals is routinely ignored. How do the Liberal Democrats plan to stop the abuse of the clauses by people who know that their asylum claim is likely to be rejected, for example?

[Pete Wishart]

I rise in support of the new clauses, particularly new clause 18. There have been a number of references to ECAT throughout our proceedings. New clause 18 would give clarity and ensure that we are properly engaged in all the provisions of ECAT. It is designed to ensure that those caught up in human trafficking are protected, and that Governments do everything they possibly can to ensure that people are cared for and looked after. I fully support this important new clause.

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[Mr Forster]

I beg to move, That the clause be read a Second time.

This is a comprehensive new clause, and I am tempted to be brief in my introduction to it. My Liberal Democrat colleagues would like to suggest the creation of a humanitarian travel permit to counter the gangs that the Government are seeking to attack and undermine through the Bill. We need to support those who genuinely need to travel here safely, and this new clause is an appropriate way forward. As I say, it is long and comprehensive. Hon. Members might want to ask questions about it, or they might want to take it apart, but it is a genuine suggestion about how we undermine the gangs and encourage people to come here safely.

[Matt Vickers]

The Liberal Democrats have tabled new clause 20, which would introduce a so-called humanitarian travel permit. The Conservatives have previously drawn up schemes such as Homes for Ukraine and the Ukraine family scheme for families seeking refuge from the war. We do not need a specific permit for people across the world to use to come to the UK, so we do not support the measure.

[Seema Malhotra]

I will keep my remarks brief, because there is some overlap between this new clause and the debate we had on safe and legal routes. New clause 20 proposes a new humanitarian travel permit. As we have mentioned, the UK has a strong history of protecting those fleeing war and persecution around the world.

I talked about the UK resettlement scheme that we run in partnership with the UNHCR. When people are assessed independently by the UNHCR and accepted as refugees, they may then be allocated to the UK under that scheme; it is then for the UK to provide visas to them in advance of their travelling to the UK, so that they can come here safely.

We previously discussed why there is no provision in the immigration rules for someone to be allowed to travel to the UK to seek asylum, as I think the new clause seeks to provide. There are risks: we may be sympathetic to the international system that I just mentioned, which supports people fleeing very difficult and dangerous situations, but it would be difficult to consider protection claims from large numbers of individuals overseas who might like to come to the UK. It is the case that, as part of how the system works internationally, those who need international protection should claim asylum in the first safe country that they reach. That is the fastest route to safety.