Tier 5 Religious Worker Visas

Patrick Grady Excerpts

Thursday 4th July 2019 Westminster Hall

[Patrick Grady (Glasgow North) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Gapes.

Since we have just heard from the hon. Member for Henley (John Howell) about women priests, I take this opportunity to place on record my congratulations to the Reverend Rose Hudson-Wilkin on her appointment as Bishop of Dover—our loss but most definitely the Church of England’s gain down in Dover.

I congratulate my hon. Friend the Member for Glasgow East (David Linden) on securing this debate. I was happy to support his bid at the Backbench Business Committee. I also thank the various different campaign groups and constituents who have been raising awareness of the issue for several months now, especially those from the Catholic community who are in effect being penalised by the Government’s policy decision to change the criteria for visas for religious workers and ministers of religion.

My simple first question to the Minister is this: what is the Government’s message to the parishioners of the Immaculate Conception church on Maryhill Road in my constituency? Throughout the month of August, they will not be able to worship at their church at the usual Sunday evening mass, because the usual arrangements for cover and supply priests are no longer possible, thanks to the change of policy. Why are the UK Government, led by a professed Christian who forever speaks about the importance of faith to our culture and society, going out of their way to deny our Christian communities the right to worship? That is the direct effect of the policy change.

I will look briefly at the background, the deeper roots, specific examples—some of which we have already heard—and some possible solutions. Ministers have heard several times in recent weeks, not least from SNP Members, that despite all the rhetoric to the contrary, the evidence is clear that the hostile environment is still alive and well in the Home Office and UK Visas and Immigration. Whatever consultation the Government claim to have carried out and whatever notice they claim to have given to faith communities, it clearly was not enough, as the extent of the difficulties caused by the change has only become clear in recent months as parishes made plans for the summer.

The rationale for the changes introduced in December last year, whereby ministers of religion may no longer apply for temporary religious worker visas under tier 5 of the immigration rules, seems to be largely based on proficiency in the English language, which leads to my second question to the Minister. This was not really about Christian or Catholic ministers, was it? Looking at the detail of the policy in the explanatory notes, written statement HCWS1159 dated 6 December 2018 states that the rules are to prevent

“religious workers to perform roles, that include preaching and leading a congregation, without first being required to demonstrate that they speak English to an acceptable standard.”

It is pretty clear that the change is targeted at religions—one in particular, I suspect—that do not usually conduct their forms of worship in English. It stands to reason that faith communities that conduct services primarily in English would not have much to gain by bringing in preachers who are not fluent in that language.

The second aspect of the change is the 12-month cooling-off period, which clearly smacks of security concerns far more than the risk of visitors simply overstaying their permit for a few weeks or months. If the Government chose to introduce that change for security reasons, they should have the guts to make that clear. Whether or not the consequences are unintended, as my hon. Friend the Member for Glasgow East said, they are real.

We heard some specific examples; I mentioned one in my constituency and I am aware of many more across the archdiocese of Glasgow. The decision puts massive pressure on our own priests and ministers, who may miss out on the opportunity for rest, retreat or physical recuperation if they are unwell. They have to choose between their own long-term wellbeing and the provision of often vital services in their parishes, many of which reach out beyond the immediate faith or worshipping community that they serve.

I have a personal connection with three very good Malawian priest friends who are studying in Rome, Fathers Dan, Isaac and Kondwani. They first had to complete their seminary training in Malawi in English; they are probably proficient in at least than one vernacular language; they will probably have proficiency in Latin and, because they live in Rome, they will be proficient in Italian, too. They have been unable to acquire tier 5 visas this year that, in previous years, would have been routine at a cost of around £200. One of the sponsoring parishes is in the constituency of my hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands)—St Conval’s in Linwood. It reckons that to bring those priests over under the new process would have cost well over £1,000, between the visas and the various test and proofs required. That is totally prohibitive and leaves parishes across that diocese struggling to cope.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

I am grateful that my hon. Friend raises that point; it is not the first time that he has assisted with issues relating to Linwood, particularly in connection with Malawi. Not only did Father Michael McMahon of St Conval’s get in touch with me but the Bishop of Paisley, Bishop John Keenan. Father Michael has just come back from a trip to Malawi with St Benedict’s High School; he said that not only can the parish not afford those elevated costs; the wider diocese cannot absorb them at all. Simply put, there are no winners from the policy change at all.

[Patrick Grady]

The complete opposite is the case: the change is having a detrimental effect. In the past, visiting priests would have come for two or three months perhaps, spending a couple of weeks in each parish. They would have built warm and supportive relationships and they would have come back on a regular basis. Now, those parishes have to strip back their worship schedules and many other support services that run alongside them. That is repeated across Scotland and the United Kingdom, as we hear.

The Bishops’ Conference of Scotland has said that in all the years it has sponsored priests through the tier 5 process, it has not been aware of any abuses of the system. Visiting priests are tied by religious vows to return to their home diocese at the request of their bishop, to say nothing of their own personal and family ties. Once again, the base assumption of the Home Office’s immigration rules is that the streets of mother Britannia are so paved with gold that the only reason anyone would want come here is to abscond while on their visa and sponge off the NHS and the welfare state. That is simply not the case, and it is insulting to those visitors to suggest otherwise.

What are the solutions? The simple solution would be simply to undo the change and revert to the previous system. At the very least, the Home Office, at ministerial level, must be prepare to continue to engage directly with all the stakeholders across the UK who are interested in this issue. As my hon. Friend the Member for Glasgow East said, I believe a meeting is taking place with the Bishops’ Conference of England and Wales, but Ministers should be willing also to meet the Bishops’ Conference of Scotland and its representatives. I am sure that Ministers know the Catholic Church in Scotland has its own history and governance, which is distinct from that south of the border.

What is really needed is a deeper, more fundamental review of the overall immigration rules and the hostile environment. The Vote Office kindly produced an extract of the immigration rules for me, which are vast. The document comes with an erratum. With the greatest respect to the drafting officials, it is so complicated; no one could keep track of it. One correction, to the

“Statement of Changes in Immigration Rules, presented to Parliament pursuant to section 3(2) of the Immigration Act 1971, Ordered by the House of Commons to be printed on 11 December 2018, HC1779”,

states:

“On page 8, for change 6A.13 where it reads, ‘… paragraph 245ZP (f)(2) …’ it should instead read as, ‘… paragraph 245ZP(f)(iii)(2) …’.”

I tracked that down on page 41 of a document that runs to hundreds of pages. This is what small Catholic parishes are being asked to get to grips with when trying to bring over their priests. That is why the whole system needs to be fundamentally reviewed. Other Members have touched on wider issues in the immigration and visa system. The all-party parliamentary group for Africa and the all-party parliamentary group on Malawi are to publish a report on that in a couple of weeks. I hope the Minister will confirm that his colleague the Minister for Immigration plans to attend that launch on 16 July.

As I said at the start, the experience of anyone navigating this system is that it is designed with deliberate hostility, suspicion and to minimise the chances of a successful application. That is seriously beginning to harm the global reputation of a Government who at the same time are spending millions on a campaign to say that we are open for business and that Britain is great. For a middle eastern academic trying to come to a university conference, an author from Belarus trying to get to the Edinburgh book festival or a west African roots band wanting to play at Celtic Connections, it is not great and we are not open for business. Now, it is not great for a simple priest who wants to come and help communities pray for a few months over the summer. Those are all real, verifiable examples.

All Ministers will be wondering over the next few weeks what their legacies will be. Here is an opportunity for the Home Office to reverse this policy and launch a wider review of the overall visa system. Otherwise, the legacy will be one of shutting the door, in pursuit of an ideological and arbitrary net migration target, perpetuating a hostile environment that has done nothing but damage this country’s economy, culture, society and global reputation.

--- Later in debate ---

[Mr Hurd]

I am not sure that the Government agree with that position, but it is clearly one held by the hon. Gentleman and other Members of Parliament, so it is clearly something that needs to be discussed and tabled at the roundtable next week with the Minister for Immigration and in subsequent follow-up. That is the nature of this place: we change rules; we make laws. We do that, believe it or not, with good intentions, although conspiracy theories have been articulated this afternoon. We do impact assessments. Then—as in this case—after a few months, issues begin to arise and concerns need to be dealt with. In the democracy that we live in, it is incumbent on the Government and the Minister at the time to listen very carefully, engage with those who have a problem and, in a democratic process, work through that. And I am absolutely sure that the Minister for Immigration will do that.

[Patrick Grady]

The Minister is being generous with the time available, and I appreciate that this is not his specific brief, but he is talking about the reasons for the Government’s decisions and he has mentioned conspiracy theories. I think that, when I said that I think there are security reasons behind this change, I saw the Minister shaking his head, so is he prepared to say that it has not been introduced because of security concerns and because of particular religions where the visiting ministers of religion would not necessarily have proficiency in English?

[Mr Hurd]

I certainly do not think that is the case. If I understand the hon. Gentleman’s line of thinking—it has not been made explicit—he needs to recognise that the original instinct came from the previous Secretary of State for Housing, Communities and Local Government, in terms of the integrated communities strategy. That might possibly undermine the hon. Gentleman’s point.

With your permission, Mr Gapes, I shall try to answer directly the fundamental question of the what and the why for the policy. I have set out that the new requirement is for individuals seeking to enter the UK as a minister of religion to use tier 2, demonstrating their command of the English language. We are also introducing, as has been noted, cooling-off periods for the tier 5 religious worker and charity worker routes. Applicants who have held a visa in one of those categories will not be permitted to hold another visa in the same category for 12 months after expiry of their leave. The immigration rules had previously permitted tier 5 religious workers to fill roles that may include preaching, pastoral work and non-pastoral work. That allowed an applicant to come to the UK and fill a role as a minister of religion without demonstrating an ability to speak English. That is no longer possible and, as we have discussed, applicants must use tier 2 to accommodate that.

The cooling-off period for the tier 5 religious and charity worker categories was introduced because we had become aware of a small but increasing number of religious and charity workers who were living in the UK on a near permanent basis, returning overseas for only a brief period to renew their visa. On the point that was made, I do not detect in the change and I am certainly not aware that underlying that are concerns about security. It is more concerns, as I said, about people using the system to live in the UK on a near permanent basis, which was not the original intention.

The shadow Home Secretary, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), and others asked about the process of consultation. There is a sense that people have been bounced into this and that the ground was not prepared, so let me restate that the changes were included in the “Integrated Communities Strategy Green Paper”, which was published on 14 March 2018. Stakeholders were invited to respond. The Minister for Immigration chose to write directly to faith leaders in December 2018, before the rules took effect. That letter set out the detail and explained the rationale behind the changes. As I have said, the Minister for Immigration is extremely clear about her wish to hear directly from religious leaders themselves, and that is the context of the meeting that she is chairing next week. She wants to listen to concerns and discuss the future system.

The Government therefore feel that there was consultation and communication. To what degree the messages have been absorbed and people have focused on them is obviously open to debate. It is quite possible that people have started to focus on them only as we have got closer to the time when applications are made and positions need to be filled. We understand that, but the Government’s view is that we did engage, communicate and consult, and if people have problems, we need to see the evidence; the process needs to be evidence-led. My hon. Friend the Member for Henley (John Howell) stirred the debate up, but he also made the important point that in the Anglican community, there does not seem to be an issue. The Government must listen to evidence, but those with problems and concerns must present evidence in those discussions.