Immigration and Nationality Application Fees

Meg Hillier Excerpts

Thursday 25th March 2021 Westminster Hall

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

I beg to move,

That this House has considered immigration and nationality application fees.

It is a pleasure to serve under your chairmanship, Mr McCabe. I have an important issue to highlight today about an injustice that has long been a concern of mine in my constituency. I am pleased to see so many Members in attendance. Many more offered support for the debate, which I thank the Backbench Business Committee for granting.

This issue has a big impact on a relatively small number of people. There is a wider issue about the fees for immigration and citizenship, but I will focus on particular on young people who were not born in the UK but arrived as children and for whom this is their only home. I am aware of the interest in the debate and know that cross-party colleagues from around the House will have more specific issues to raise, so I will not take too much of their time.

We have seen a pattern in the increase in fees and the route to citizenship that is having a detrimental effect on many of my constituents. It affects adults and young people who arrive in the UK and seek to become citizens. Whatever our politics or our party, I think we all agree that we should be proud that people want to become citizens of the United Kingdom and seek to get a British passport, but for young people in particular the route to citizenship is having a big impact and depriving them of fulfilling their full role in British society.

Let me give a bit of history. I have been the Member for Hackney South and Shoreditch for nearly 16 years, and when I was first elected somebody could apply for one leave to remain application that would last for five years, and after five years they could apply for citizenship, so they would pay two fees. It moved to applying for three years at a time, so two applications were needed to get to the five years. Now, people have to apply at least three times: that would get them to five years, but those on the 10-year route to citizenship must apply multiple times.

The fees have also gone up individually. For a registration of a child as a British citizen, in April 2011—six years after I was elected—it was £540 and this year it is expected to be £1,012. For indefinite leave to remain for main applicants and children, in 2011 it was £972 for the main applicant—typically the head of the household—and in 2021 it is £2,389 for the main applicant and for dependents, too. Dependents used to be about half the price of a main applicant. When we look at the combined impact of the fees, we see it is incredibly expensive. It adds up typically to more than £10,000 for somebody to apply.

It is important to touch on the implications for the Government vision for a global Britain as part of an international community where we attract talent. We know in the past we have had challenges attracting people to universities in this country. English-speaking countries such as Canada and Australia advertised in other countries’ newspapers for people to apply to them, saying that their fees are cheaper. So there is a direct impact on the Government’s own policies.

It is impossible to compare fees completely across countries, but I will give a couple of examples. In Ireland, the naturalisation fees for adults or children is €175, or roughly £150. Denmark has a standard naturalisation fee of 3,800 krone, or roughly £438—forgive me if my exchange rates are a few days out. In Canada, the fee for adult citizenship applications is roughly £306. We are looking at a very different scale, and that is alongside the hoops that people have to go through.

Let me just do a little bit of maths for the Minister and add up some of the costs. Let us not forget that we have to add the immigration surcharge, now £400 per person per year. For an application for two and a half years’ leave to remain, that adds £1,000 on top. That increased in October last year to £624 per person per year, or £470 for applicants under 18. That is £1,560 for an adult applying for two and a half years’ leave to remain. We have to remember that two and a half years’ leave to remain gets someone just two and a half years’ leave to remain. Before that ends, they have to be putting in the fees and the application for the next process. Barely has a household got over the cost of paying these fees than it has to start saving up for the next application.

Over a 10-year period of qualifying residence, if the fees do not change, the overall cost would be, for a single adult, £10,372 and for a family of four, £38,408. I highlight the family of four figure, because I am talking particularly of people in my constituency who are affected, who arrived here as children and for whom this is the country they know, the country in which they have been to school and the country that they love.

The Greater London Authority estimates that around 330,000 children and young people have precarious citizenship status. That does not mean that they are all on the route to citizenship. Relative to the Minister’s overall workload, only a small number of people are affected, if we look at just young people—because it will be a subset of that group—but it is a very significant group in terms of what they could deliver to the UK.

We have had some recent announcements on the Government’s proposals on entrepreneurial visas. I represent Shoreditch, so I know all about the tech visas and the entrepreneurial visas. For the global talent visa, for example, the application fee is £152 for the main applicant, though it can rise to £456 in certain circumstances. Even an extension of that is only £608. An innovator visa is just over £1,000 and a 10-year private family grounds visa is £1,033 per person for the main applicant or a dependant.

The difference is extraordinary; it is tenfold. That makes it very unfair, because the people I am talking about have grown up in the UK, they have been educated in the UK and they want to stay in the UK. They have no other country that is home. They may have parents who come from another country and they may have been born in another country, but that is not their home. They feel part of British society. We are making them a second-class part of British society by putting these fee barriers in their path.

For many families, if they have the choice between having the main breadwinner become a citizen, or the rest of the family, the choice will be straightforward. They make just one member of the family a citizen and the others do not qualify for it without paying the fees. For the young people I am talking about, they often do not realise until they are 18 and they would like to go to university—I pay tribute to We Belong, an organisation that is partly the brainchild of my constituent, Chrisann Jarrett. Suddenly, on top of those fees that they have not been able to pay, they are faced with international student fees. They want to be full, contributing members of British society; in fact, they want to be British citizens, but they are priced out. At the same time as we are encouraging entrepreneurs and innovators to come in on cheaper visas to contribute to the wealth of our country, we have a wealth of talent already here that is keen, willing and able to contribute. For these children and young people, the UK is home. They are not going to go anywhere else and they want to contribute.

As the Children’s Society recognises, about half of children with foreign-born parents live in poverty. These are not wealthy families necessarily; I will say clearly, though, that in my experience there is no poverty of ambition. These are working households, but the fees are out of reach of anyone on a low, average or even rather good wage, so I think it is time that the Home Office looked at this.

The Government have made great play of leaving the European Union. They have made announcements recently about Britain’s place in the world and global Britain. They need now to follow up with actions and support these young world citizens who want to become British citizens; they are living in our communities now and are keen to contribute. I hope that the Minister will give us a full answer on the justification for these citizenship fees, and a hint that the Government are considering a change of direction.

[Steve McCabe (in the Chair)]

To accommodate everyone on the call list, I am imposing a four-and-a-half-minute limit on Back-Bench contributions.

--- Later in debate ---

[Kevin Foster]

It is not that far distant. We are already allowing people to reuse biometrics, and we are looking to lay some regulations fairly soon. In fact, we had a briefing the other day. I would be very happy to arrange a briefing for the right hon. Member on where we are taking this work. I would say that it builds on the EU settlement scheme, to which, as he will be aware, the vast majority have applied from the comfort of their own home, using a smartphone for about 15 to 20 minutes. We are building on that. It is already with us today and it will be being expanded. We are hoping, for example, all EEA nationals applying into economic migration and study routes will soon be doing so, if they need to, from home. Again, this builds on what we have done with the EU settlement scheme. It is happening.

I appreciate that there is inconvenience for those having to still use the existing system, but it is one that we are looking to quite rapidly roll out over the coming years, ahead of making all status digital by the end of 2024. This is something that, hopefully, the right hon. Member’s constituents will start seeing the benefit of, particularly because biometric readers do not present some of the challenges that he will appreciate come with capturing biometrics for the first time in a global context.

Let me move onto the issue of child citizenship, which I am conscious that a number of Members raised today. I am aware of the great strength of feeling on this issue across the House. As some Members referenced, the Court of Appeal upheld the High Court’s judgment that the Home Office had not demonstrated compliance with its duties under section 55 of the Borders, Citizenship and Immigration Act 2009 in setting the child registration fee—although, to be clear, the court did not strike down the regulations. We are currently carrying out a section 55 assessment to inform a review of the fee. While it would not be appropriate for me to speculate on or predict the outcome of that assessment, including whether the fee currently charged will change, we are taking prompt steps in the light of that judgment to complete the assessment.

It is important to emphasise that becoming a UK citizen is not a specific requirement to enable individuals to live, study and work in the UK and to benefit from many of the public services appropriate to a child or a young adult, most of which come with indefinite leave to remain.

The Home Office ensures that an application can be made for the fee to be waived for certain human rights-based claims for leave to remain, including where the fee is unaffordable or where an individual or family could be rendered destitute on paying the fee. That ensures that the appropriate status can be secured to access any public services required.

[Meg Hillier]

The Minister talked about prompt steps on the section 55 assessment, but what is his definition of “prompt” and when might we expect a result? Waivers are still very complex, as my hon. Friend the Member for Edmonton (Kate Osamor) highlighted, and the process needs a lot of legal support. Many people do not want to go through that regime for fear of failure and in case it jeopardises their wider applications. Is the Minister also looking at the whole approach to fee waivers?

[Kevin Foster]

I appreciate that, as a former Home Office Minister, the hon. Lady might think that “soon”, “nearly” and “shortly” can have different meanings—I can see you smiling as well, Mr McCabe. We are concerned about this, and the hon. Lady will appreciate that we need to make sure we do it correctly and properly, so we will not simply chuck out a timetable from the Dispatch Box today. However, as I say, we are progressing and looking to promptly respond to the court judgment.

It might be helpful if I come on to fees and exceptions, the process of which was raised by numerous hon. Members. To be clear, the Home Office has always provided for exceptions to the need to pay application fees for leave to remain in specific circumstances. The exceptions ensure that the Home Office’s immigration and nationality fees structure complies with our international obligations, such as in relation to refugees, and wider Government policy, such as the protection of spouses from domestic abuse and the protection of vulnerable children.

The hon. Member for Hackney South and Shoreditch asked whether we have looked at fee waivers in recent times, and we have. We recently broadened the fee waiver policy to ensure that considerations of affordability and prospect of destitution are taken into account when assessing applications. The overseas fee waiver policy is also being revised to include an assessment of the criterion of affordability for specified applications under the article 8/human rights route. The revised policy is expected to be in place from August this year. In the meantime, we will consider urgent applications for an overseas fee waiver, although I am sure the hon. Lady will appreciate that with the strong limits on international travel at the moment, the number of people potentially travelling is much lower, for reasons beyond immigration.

In addition, we have also introduced a waiver that will allow for fees to be waived in exceptional circumstances, providing the Department with more flexibility in circumstances where a number of individuals have been significantly impacted by circumstances beyond their control, rather than having to assess each case individually for the fee waiver where there is a group that needs to be accommodated.

Various Members raised the immigration health surcharge. We were clear in our manifesto that it is right that all who may benefit from NHS healthcare have made a contribution to it in line with their immigration status. We recognise that although some who migrate to the UK will pay tax and national insurance contributions from arrival, they will not on average have made the same contribution to the NHS that most UK nationals and permanent residents have made or will make over their working lives. It is therefore fair to require them to make an up-front and proportionate contribution to the NHS, the cost of which compares quite favourably with the type of medical insurance or healthcare charges that those migrating to other countries may face.

The hon. Lady rightly said it is hard to make a direct comparison. For example, many countries, including in Europe, do not provide the comprehensive level of free-at-the-point-of-need healthcare that the national health service here in the UK provides, including to those who have what we deem as a temporary migration status.

We can make a quick comparison. For example, New Zealand requires international students to take out a form of health insurance. Ireland charges for visits to A&E where attendance is without a referral letter from a doctor—of course, there are no charges for urgent and emergency care here in the UK—or charges to see a family doctor and has some hospital charges. Non-EU international students in Ireland are not covered for free medical attention off campus and must have their own private health insurance. And that is to leave aside examples such as the United States of America, where, as all of us recognise, the cost of health insurance to obtain provision that is not even close to what the NHS provides is extreme.

Again, we believe that it is appropriate that this system is in place, although we of course have, with the introduction of the health and care visa and the refunds policy, looked to exempt those who work on the frontline of health and social care, in recognition that their contribution is made through working in such roles.

The Government remain committed to maintaining support for the vulnerable who come into contact with the immigration system and ensuring that they are treated fairly and humanely. By setting fees at the level at which we do and by putting the onus to pay on those who benefit from our services, we reduce the burden on the Exchequer and the wider taxpayers of this country. To be clear, the Home Office does not make a profit from application fees. Fees account for about 70% of the cost of operating the border, immigration and citizenship system, with funding still required from the taxpayer more widely to support the system. Decisions on how the system is funded are complex and require several factors to be carefully balanced to ensure that we can maintain an effective immigration system. In making those decisions, we must also, of course, be mindful of the lessons learned from the Windrush scandal.

Immigration fees have, in the main, remained static now for some time; the last increases were in April 2019. In addition, the Government have introduced comprehensive measures to support people and businesses, including wide-ranging financial support, throughout the global pandemic. Many were available to people working in the country, even with their migration status, given that they were not classed as public funds. For example, the furlough scheme could be used to support someone working on, for example, a skilled worker visa.

As we go forward, the Home Office is committed to playing its part as the world recovers from the devastation of the global coronavirus pandemic. As I touched on earlier, we have introduced the health and care visa. We have also introduced changes to the minimum income and adequate maintenance requirement for those applying to enter or remain in the UK on the basis of their family or private life, so they are not disadvantaged if their income has been affected by the impact of the coronavirus. For example, with those on furlough, we consider them, for immigration assessment purposes, as if they were on 100% of their salary, even if they are receiving only 80% under the furlough scheme. In addition, we have introduced a new points-based system, which we believe is firmer, fairer and works in the interests of the UK, alongside the benefits that simplification of the rules can bring, as I outlined earlier.

We recognise that immigration fees will always be a subject for debate, but they play a vital role in ensuring that we have an effective border and immigration system. We are committed to keeping fees for visa, immigration and nationality services under review, including by taking account of the issues raised in this and previous debates on this matter.

[Meg Hillier]

I thank you, Mr McCabe, for chairing the debate today and all hon. Members who have highlighted how key workers, NHS staff and young people in this country are caught in a trap not of their own making. I pay particular tribute to my hon. Friend the Member for Edmonton (Kate Osamor), who raised the issue of the fee waiver application cost and its complications, with people being pushed into debt; my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes); and the hon. Member for Ruislip, Northwood and Pinner (David Simmonds), who highlighted issues in the context of Britain’s position in the world—global Britain—which is where the Government should be and where they say they are coming from.

The fees are too high and the process is overly complex, but I take some comfort from the tone of the Minister and the fact that he is engaging with those in We Belong, who are the best advocates, particularly for young people, about looking at simplification of the process, looking at how to deal with this, change the rules of settlement and try to do away with the need for the repeated involvement of lawyers, which we have not even discussed today, in terms of fees, because that adds a lot as well.

I will just say, though, that the Minister let the cat out of the bag, rather, when he talked about the rationale behind the fees being the benefits likely to accrue to the applicant. I would say we should also think about the benefit of the applicant to the UK, which has been ably highlighted by, among others, my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh). The Minister also talked about paying for the costs of other parts of the immigration system, so this does cross-subsidise, and I think we need to look very carefully at that principle.

However, I appreciate the Minister’s tone. He has a ginger group of MPs here who would welcome working with him to change policy and practice to ensure that we can welcome people who wish to contribute and to become full citizens and that it is affordable for them to do so and they are not saddled with the debt that the current system leaves upon them.

Motion lapsed (Standing Order No. 10(6)).