Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 13 November 2018 to Question 188815 on Legal Aid Scheme: Slavery, whether the specific legal aid provision for victims of modern slavery and human trafficking for immigration advice and representation, including assistance with applications for leave to enter or remain, subject to means and merits testing, applies to applications for (a) permanent residence and (b) pre-settled status.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
An application for a residence is not an application for leave to enter or remain and legal aid to assist with such an application is outside the scope of the legal aid scheme.
The EU Settlement Scheme will be a streamlined, user-friendly process, in line with the draft Withdrawal Agreement with the European Union published on 19 March 2018, for resident EU citizens and their family members to obtain the UK immigration status which they will require in order to remain in the UK beyond the end of the planned implementation period on 31 December 2020. For those EU citizens who might need additional help when applying under the scheme, the Home Office has announced a grant scheme for the voluntary and community sector which will help to ensure support is available.
An individual will not need to apply to the scheme if they hold either indefinite leave to remain in the UK or indefinite leave to enter. There is specific legal aid provision for victims of modern slavery and human trafficking for immigration advice and representation, including assistance with an application for these forms of leave.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Home Office's news story entitled New fund to support vulnerable EU citizens apply for settled status, published on 25 October 2018, for what reasons that fund has been set up rather than his Department extending provision of legal aid to cover vulnerable EU citizens applying for pre-settled and settled status.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
The EU Settlement Scheme will provide a streamlined, user-friendly process, in line with the draft Withdrawal Agreement with the European Union published on 19 March 2018. This scheme will allow resident EU citizens and their family members to apply to obtain the UK immigration status which they will require in order to remain in the UK beyond the end of the planned implementation period on 31 December 2020.
For those EU citizens who might need additional help when applying under the scheme, the Home Office have announced a grant scheme for the voluntary and community sector which will help ensure support is available.
Legal aid may be available through Exceptional Case Funding, where there is a breach, or risk of a breach, of enforceable EU law or ECHR rights.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 1 November 2018 to Question 185051 on Legal Aid Scheme: Slavery, whether the specific legal aid provision for victims of modern slavery and human trafficking for immigration advice and representation, including assistance with applications for leave to enter or remain, subject to means and merits, applies to applications for (a) permanent residence, (b) pre-settled status and (c) settled status; and if he will make a statement.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
There is specific legal aid provision for victims of modern slavery and human trafficking for immigration advice and representation, including assistance with applications for leave to enter or remain, subject to means and merits testing. This provision will apply to applications made under the EU Settlement Scheme.
For those EU citizens who might need additional help when applying under the scheme, the Home Office has announced a grant scheme for the voluntary and community sector which will help ensure support is available.
The Secretary of State for Justice has no plans to make a statement on this issue.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether EEA nationals who (a) have a positive reasonable grounds decision as a potential victim in the National Referral Mechanism and (b) have a positive conclusive grounds decision as a victim of trafficking or modern slavery, will be entitled to legal aid for immigration advice under paragraphs 32 and 32A of Schedule 1 Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to make an application to (i) confirm their EU law rights and (ii) for Settled Status.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
There is specific legal aid provision for victims of modern slavery and human trafficking for immigration advice and representation, including assistance with applications for leave to enter or remain, subject to means and merits.
The EU Settlement Scheme will provide a streamlined, user-friendly process, in line with the draft Withdrawal Agreement with the European Union published on 19 March 2018, for resident EU citizens and their family members to obtain the UK immigration status which they will require in order to remain in the UK beyond the end of the planned implementation period on 31 December 2020. For those EU citizens who might need additional help when applying under the scheme, the Home Office has announced a grant scheme for the voluntary and community sector which will help to ensure support is available.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether for the purpose of legal aid eligibility (a) an application for a derivative rights of residence card and (b) a residence or permanent residence card or confirmation of settled status or pre settled status, are equivalent to an application for leave to enter or remain; and if he will make a statement.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
The EU Settlement Scheme will provide a streamlined, user-friendly process, in line with the draft Withdrawal Agreement with the European Union published on 19 March 2018, for resident EU citizens and their family members to obtain the UK immigration status which they will require in order to remain in the UK beyond the end of the planned implementation period on 31 December 2020. An application for a residence card is not an application for leave to enter or remain and legal aid to assist with such an application is outside the scope of the legal aid scheme. Exceptional case funding may be available where there is a breach, or risk of a breach, of EU law or ECHR rights
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 8 March 2018 to Question 131686 on Undocumented Workers, how many people have been convicted of the offence of illegal working since the introduction of that offence.
Answered by Rory Stewart
The Home Office is responsible for policy and legislation on immigration, including the offence of illegal working under section 24B of the Immigration Act 1971 which was inserted by section 34 of the Immigration Act 2016.
Centrally held court data shows no cases where offenders have been convicted of that offence.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many claims by migrants working undocumented in the UK were taken up by employment tribunals in each of the last five years.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
The Employment Tribunal does not record information on the number of claims submitted by migrants working undocumented in the UK.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people have been convicted of the offence of illegal working since the introduction of that offence.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
Centrally held court proceedings data indicates that no offenders were found guilty of illegal working up to the end of 2016. Court proceedings data for 2017 will be available in May 2018.
It is not possible to identify how much has been collected in fines from persons convicted of this, or any other, offence as our systems enable us to capture the total amount of financial imposition but do not allow that to be broken down by offence type. To extract information on financial imposition by offence type we would need to conduct a manual search of all current financial penalty accounts within our fine database.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justcie, how much money has been obtained in fines from people found guilty of an offence of illegal working since the introduction of that offence.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
Centrally held court proceedings data indicates that no offenders were found guilty of illegal working up to the end of 2016. Court proceedings data for 2017 will be available in May 2018.
It is not possible to identify how much has been collected in fines from persons convicted of this, or any other, offence as our systems enable us to capture the total amount of financial imposition but do not allow that to be broken down by offence type. To extract information on financial imposition by offence type we would need to conduct a manual search of all current financial penalty accounts within our fine database.