(2 years, 4 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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I beg to move,
That this House has considered the impact of the UK’s departure from the EU on language schools in the UK.
It is a pleasure to serve under your chairship, Ms Nokes. It is that time of year again when in seaside towns or big cities, the traditional sight of be-rucksacked groups dressed in fashionable attire—often pastel colours—descending on the streets is common.
There are loads in Torbay.
There are loads in Ealing as well, although a lot less than there used to be. Local householders—as the Minister will know as a local—also get leaflets through the door asking for a spare room or two, saying there are posts going as host families and promising pretty decent money. The reason for all that is English language teaching and English language schools. It is a phenomenon that peaks in the summer months. They offer an all-round experience, typically to teenagers, for a number of weeks. Students get the full immersion: an English breakfast with a typical English family, English lessons during the day, perhaps a spot of early evening work as a barista or pulling pints before dinner en famille and then a bit of sightseeing and cultural programme built in as well—maybe visiting London, Oxford and Southend.
Either side of the weekend I have had an insight into that subculture. I visited two English language schools in Ealing: Edwards Language School and West London English School. They tell me that the two weeks from now are set to be the busiest of the year for them. However, the story is mixed. At WLES, where I was yesterday, I saw multiple classes. It has outgrown the couple of rooms it takes in an office block on Uxbridge Road. Edwards Language School is in a large Victorian house on the same road—although the road is called something else at that point. It used to span two houses, but it is in one now. It has halved in size. The school was set up by lecturers from the University of West London, which is also in my constituency, 30 years ago. It then got swallowed up by a chain, and that chain’s operations in Brighton have not survived.
I keep saying what used to be because although in 2019, the sector’s last normal year of trading, there were 550,000 students, half of them under 18, contributing £1.4 billion into the UK economy, supporting 35,000 jobs and underpinning the wider £20 billion education market, it feels dangerously at risk of decline because of the end of freedom of movement and visa changes. After I spoke to the trade body English UK, and exchanged emails with the Association of British Travel Agents, the Tourism Alliance and the British Educational Travel Association—they have all been falling over themselves to brief me for this short debate—some startling figures emerged.
The BETA says that between 2019 and 2022 the number of student groups coming from the EU dropped by 84%. In Ealing, not that long ago, I would have had a choice of five different schools to visit and sample, but two of them—one had been there since 1980—have completely bitten the dust. A third exists on paper as an online operation, leaving only its Wimbledon branch; the Ealing branch has gone.
For context, while West London College, which has an Ealing campus, offers some English language teaching, and some universities offer it too, the bulk of the provision locally and across the country comes from private businesses. That means they have sometimes been viewed with suspicion, although the British Council accreditation—the regulatory framework that they have to go through—is among the most stringent in the world. To attain trusted status is not cheap either; it weighs in at £20,000.
It is an absolute pleasure to serve under your chairmanship, Ms Nokes. I thank the hon. Member for Ealing Central and Acton (Dr Huq) for securing the debate. This is a subject that I have a strong personal interest in, as my Torbay constituency is home to several excellent English language schools. The Government and I therefore fully appreciate the important contribution they make to the economy and the cultural value of all educational visits and exchanges between the UK and other nations.
I suggest from my own experiences that simply focusing on language schools and the issues raised today misses the range of factors that affect the sector. I noticed that the hon. Member referred in her opening speech to institutions that have closed in my constituency. I am not sure whether she is a regular reader of our newspaper Herald Express. Sadly, one language school closed down following a significant fraud involving one of its employees, which has been well publicised, and another building is hosting a local state school. Looking at things in isolation and then drawing conclusions from them may not be the best approach to this type of debate, without the local knowledge that a constituency Member of Parliament has.
There may be bad apples out there, but that does not detract from the fact that during the votes my hon. Friends the Members for Plymouth, Sutton and Devonport (Luke Pollard) and for Canterbury (Rosie Duffield) were saying there has been a contraction in numbers. There is a problem—let us not ignore that.
Again, when we cite specific examples, we perhaps need to check them out first.
In terms of understanding the pressure on the visitor economy, we have ambitious plans for the improvement and digitalisation of our future border and immigration system, alongside its simplification to make the UK an increasingly attractive destination for visitors from around the world and to support our tourism and language teaching sectors. Reference was made to processing passports, but those coming to the UK to study on a language course—the hon. Member focused mostly on EEA nationals—would not be applying for a UK passport, so those would not have any impact either.
Ending the use of EU/EEA national identity cards was touched on several times, and we have moved to end their use at the border. It is worth noting, however, that some EU identity cards were among the least secure documents seen at our border, and until this policy was implemented, they absolutely dominated detection figures for document abuse at the border, with just under half of all false documents detected at the border being EEA identity cards. To deal with this oft-abused hole in our border security, since October 2021, EU, EEA and Swiss visitors, like all others entering the United Kingdom, have been required to have an individual passport.
I will not continually give way, given that I have already had the time reduced for my reply as the intro was slightly longer than the normal 15 minutes. I will go through my next arguments, then perhaps I will have the chance to take some more interventions.
We provided a year’s notice for the change to allow people and groups in Europe to plan ahead and obtain passports before they travelled. The indications are that the change has been understood and complied with. I note that before the change, the vast majority of EU, EEA and Swiss citizens arriving in the UK were already using their passports. One of the biggest benefits of using a passport is that it enables people to use the e-passport gates available at many of our ports. To link directly to the debate, we are actively working to change the system to allow the minimum age for their use, which is 12, to be reduced. That has the welcome side effect of reducing queues at immigration desks on arrival by using a more automatic process, rather than people needing to be seen in person by a Border Force officer.
Looking at the issue in isolation misses the chance to look at some of the wider changes we are making to the immigration system, particularly in relation to this sector. I highlight our extension of the electronic visa waiver scheme to Saudi and Bahrani citizens. That simplifies and reduces the cost of the visa process by allowing them to obtain an online visa waiver, rather than going through the full visa application process. Put simply, instead of paying about £100 and going to a visa application centre, they pay £30 and apply from home. I know Saudi nationals have been regular customers of language schools in Torbay, so this measure will help the sector.
In 2021, directly linked to feedback from the language sector and universities, we changed the immigration rules, to allow for most short-term study activities to be included in the general visitor category, under which most tourists arrive in the UK, reflecting that much of this activity is more like tourism than coming to study a degree for three or four years. Now, non-visa national students coming for a course of study of up to six months do not need to apply for a separate short-term study visa, and visa nationals can simply apply for a visitor visa, or if they already hold one, arrive under a long-term visitor visa.
We are introducing a permission to travel requirement, which will eventually require everyone travelling to the UK, except British and Irish citizens, to seek permission in advance of travel. Those permissions will include electronic travel authorisation for passengers visiting the UK who do not need a visa for short stays, or do not have an immigration status prior to travelling. Similar systems are used by the USA, Canada, Australia and New Zealand. The EU is also planning on introducing its own system for the Schengen zone.
We recognise there will be challenges around electronic travel authorisation and a need to engage with sectors about how it will be used, just as many of those sectors already engage with the US electronic system for travel authorisation, but there are also clear benefits. The Government have announced that citizens of the Gulf Co-operation Council nations will, in 2023, be able to obtain an electronic travel authorisation rather than have to use the current electronic visa waiver, simplifying the process and making the UK a more attractive destination for them. To be clear, permission under the electronic travel authorisation will be similar to arriving as a non-visa national now, giving up to six months under the visitor route. That all links to our move towards increased automation.
We are clear that we have a global immigration system. We moved to end the use of the list of travellers system, which is an EU scheme allowing visa nationals to travel to another EU member state. It should be noticed that we provided a slightly longer grace period for people coming to the UK than was allowed for our residents travelling to Europe. That was an EU system and we have now moved towards a single global system.
There was some reference to collective passports. It is probably worth noting that we remain a signatory to the 1961 Council of Europe treaty, which provides for collective passports for young people. The Council of Europe is separate from the European Union. We continue to accept passports from those who have ratified the treaty, although it is worth noting that few countries other than the UK continue to issue them. A number of EU countries have declared that they will no longer accept UK collective passports. It is worth considering, with the EU’s European travel information and authorisation system and our ETA system coming in, how much longer travel documents based on a treaty that is now more than 60 years old will continue. That has to be seen alongside the various issues that can come with issuing collective passports. However, we continue to issue them for now.
I feel this debate was a slightly missed opportunity for a sector that plays a large part in the economy of my constituency and our country. By simply focusing on the Home Office and immigration requirements, we miss the range of factors that drive student choices to study, from the quality of the course to the types and quantity of accommodation available—something that I know is a challenge for language schools in my area. Many families have hosted in the past and more have come forward. It is again about how we move forward, for instance, to having dedicated student accommodation, particularly for those coming for a longer period, who will still use the short-term study visa if they are looking to study a language course of up to 11 months.
We must not send out unhelpful, inaccurate and counter-productive messages of it being hard to come here, when in reality our short-term study rules are some of the most generous globally, allowing up to six months’ study without applying for a separate visa to do that. I contrast that ability to be in the UK for up to 180 days, including doing a short English language course for up to 180 days, with the Schengen area’s 90 out of 180 days applying to non-visa nationals, or the US visa waiver system, which is 90 out of 180 days and a maximum stay of 90 days. Our system is much more generous.
That is driven by the type of open economy we want to have, and as we move forward with ETA, we expect slightly more countries to move to non-visa ETA national status, which will benefit the sector directly. I want to make it very clear that the rules on ID card use at our border will not be changing, but our generous short-term study offer will remain and that is what the focus of future debates should be.
Question put and agreed to.
(2 years, 9 months ago)
General CommitteesI beg to move,
That the Committee has considered the draft Immigration and Nationality (Fees) (Amendment) Order 2022.
It is a pleasure, as always, to serve under your chairmanship, Mr Hollobone.
The Immigration and Nationality (Fees) Order 2016 sets out the immigration and nationality functions for which a fee is to be charged, and the maximum amount that can be charged for each function. Members will have noticed that the draft order is not the longest piece of immigration legislation that we have ever considered in a Delegated Legislation Committee, given that it seeks to make only two changes to the fees order, specifically amendments to the maximum amount that can be charged for two application types: entry clearance as a visitor for a period of up to six months, more commonly known as the short-term visit visa; and entry clearance or leave to remain as a student.
I want to make it clear at the outset that the changes do not alter the fees paid by customers. Specific fee levels are set out in separate legislation, namely the Immigration and Nationality (Fees) Regulations 2018, and those levels are not impacted by the amendments we are debating. The changes in the draft amendment order, however, will serve to increase the flexibility on fees in future.
The maximum amount that can be charged for a short-term visit visa will increase by £35, from £95 to £130. That will align the fee maximum to the published unit cost for that product. The maximum amount for entry clearance or limited leave as a student will be raised by £10, from £480 to £490. That relatively small increase will provide some additional headroom on student fees, in particular those close to the existing maximum.
For background, both changes mark the first time that the maximum amounts will have increased since 2016. They will provide additional flexibility on those fees, allowing the Home Office to consider a balanced approach to fee changes across our visa routes.
The Minister and I have history, and I like him as a person. It is interesting that these amounts are a ceiling, but I wonder whether he has seen the figures from 2019. He talks about student visas, but in the five years to 2019 the fee for limited leave to remain went up by 79% and that for indefinite leave to remain by 119%. At the time, there was an excellent comment in The Times Thunderer page—by me, actually—headlined, “Home Office must be stopped from running fees racket”, because apparently processing costs had gone down in that time, although the fees went up. I am pleased that he is setting a ceiling, but will he bear in mind that fees have been ratcheted up and up in the years until now and will he ensure that it really is a ceiling, to keep the fees down?
I thank the hon. Member for her intervention. As she says, we get on well. It is good to get that totally independent analysis—in quality and method—in the article that she wrote for The Times.
Over recent years, immigration fees have generally risen so that more of the costs of the migration system are borne by those who use it, rather than by the wider taxpayer. Colleagues will have realised that in the past couple of years there has been a big difference in the income from fees because of the pandemic. Inevitably, wider funding from the taxpayer has increased.
The changes we are discussing specifically will be only to the maximums for two routes. They will reflect the current unit costs, in particular for the short-term visit visas, although, as I said, the draft order will not change the fee to be paid by applicants. That would need a separate statutory instrument to alter the fees themselves.
We are conscious that we need to ensure that our routes are competitive and give value to those who apply for them. One of the core rules in the rest of our work is to simplify our immigration system to reduce the amount of times that people need to instruct a lawyer to help them with their application, which in many cases can represent a significant cost that might not be seen as a fee, but affects how much people end up paying to secure their status in this country.
Changes under consideration by the Home Office are about adjustments to simplify the range of fees payable by customers, including removing specific additional charges and consolidating what people are required to pay into one overarching fee. A good example is removing the biometric enrolment fees charged alongside certain applications, with these costs recovered through the main application fees instead, which we believe is a simpler and much more transparent approach to the cost of a visa. We will of course share further details about some of the changes we are looking to make with colleagues and the House when we are in a position to do so.
Colleagues will be aware that migration and borders functions are largely funded by immigration and nationality fees as part of the Home Office spending settlement to reduce the burden on the taxpayer more widely. It is critical that any changes are funded by other changes within the system. It is therefore vital that the maximum amount set out in the fees order allows appropriate choices to be made on individual routes to support a balanced approach overall to the fees we charge. I emphasise again that we are not changing any fee levels through the order. Any changes to specific fees would be subject to cross-Government consultation and further parliamentary clearance and would be implemented through fees regulations, not this order, I therefore hope Committee members see the need for it.
(4 years, 8 months ago)
General CommitteesIt has been an interesting debate, and I appreciate the support of Opposition Members. My remit does not quite extend to the Swedish passport system, so I will have to keep my remarks rather limited on that.
I start by responding to the hon. Member for Garston and Halewood. There have been more than 3 million applications and now just over 3 million determinations, and so far we have had 900 requests for an administrative review. While there is no appeal right, people who disagree with a decision can still request that review. With 900 reviews after 3 million determinations and well over 3.2 million applications—I accept that people would not apply for a review until they had got their decision—we felt the number of appeals was likely to be low. Where people have additional evidence, the logical process for them is to make another free-of-charge application to the settlement scheme. As the deadline is June next year, they have plenty of time to do that and get the status they believe they are entitled to. To be clear, if someone reapplies because they think they should have settled status rather than pre-settled status, that does not prejudice the pre-settled status they have been given. I am conscious that Members might ask whether if someone reapplied, it might prejudice the status they had been granted. The answer is no.
For those who applied before 31 January, the way to gain an appeal right is to make a reapplication to the settlement scheme. That is free of charge for anyone; there is no supplementary charge for making another application. We felt that struck the appropriate balance, because an appeal would have a charge to it, and in most cases, if there is a need to present additional evidence, it is easiest to do that through another application. To be clear, anyone who has a right to apply to the EU settlement scheme, including as a Zambrano carer and in the other examples given, may avail themselves of those appeal rights. On legal representation, the position is similar to that for use of appeal mechanisms in other immigration law.
On the system being engulfed, any member of the Committee or of this House who is interested in how the process is going is welcome to pay a visit to Liverpool. We are happy to arrange for people to visit and see what the teams are doing. Hon. Members would see that, far from being engulfed, the teams are working quickly through the largest documentation of immigration status in UK history, providing many people with certainty and assurance.
(4 years, 9 months ago)
Commons ChamberIt is a pleasure to follow my hon. Friend the Member for West Ham (Ms Brown) and to be the last Back Bencher called in this thoughtful, sometimes passionate and always informative debate today.
The word “Windrush” used to have positive connotations, but in the past couple of years it has become symbolic with fiasco, catastrophe and, above all, scandal. I used to teach courses on post-colonial Britain, and I remember showing monochromatic slides of the SS Empire Windrush docking, with all those faces full of expectation and those people coming to make a positive contribution, with a new life in the motherland, and bursting with pride. These were brave pioneers, who went on to rebuild the nation and its public services from the post-war rubble and ruin, including as NHS nurses; my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) mentioned her own mum. These were people in our city and working on London Transport. I remember that at the height of John Major mania, if there was such a thing, they uncovered the bus conductor, a lady from Lambeth or Camberwell garage—one of the two—who had picked John Major for the post of bus conductor back in the day. So how did we get from all that positivity and expectation to a place where, as my right hon. Friend the Member for Tottenham (Mr Lammy) said, this word is synonymous with national scandal? People who were legally in Britain and had been here for decades were denied basic rights. People were denigrated, detained and deported.
I am proud to be one of the 170 Members who signed a cross-party letter demanding that tomorrow’s forced deportation flight is withdrawn. I will not go into tons of detail on that issue because we had an urgent question on it earlier, but I am still none the wiser about when the lessons learned review will see the light of day. The demands of the letter are fairly modest. We know that, in line with the leaked review, there should be a pause in the process until the lessons are learned, so the sequencing seems all wrong. We still do not know when that review is going to come out. As has been said by my hon. Friends, people with no ties to places are being sent tomorrow to “destination unknown”—people who have families here are being wrenched away from them.
We are addressing the compensation scheme in this debate, so that is what I shall turn to. There are still victims out there who need justice. The process of an 18-page form that needs 44 pages of guidance to complete it is seen as onerous. The Government talk of compensation, but it feels like implementation is a slow, protracted and burdensome process. All the burden is on the claimant, who must often prove the unprovable. People feel unsupported. The “Dear colleagues” letter that the Minister sent around this morning said that Citizens Advice will be the partners in the process. In the London Borough of Ealing we have 360,000 residents—it is the capital of west London—but we do not have a citizens advice bureau. What is the mechanism for somewhere like that?
Many people are just completely unaware of the scheme, or are unwilling to make contact because of the connotations of the hostile-environment climate that the Government have fostered. The Home Office is often seen as a dirty word in immigrant homes. We are all constituency MPs as well, and week in, week out we see at surgeries the Home Office’s incompetence, with a bit of someone else’s case pasted into the letter a constituent has brought before us. People are waiting for years on end and told that it is a “complex case”, a term that I noticed the Home Secretary used in her opening remarks. It seems pretty tawdry for people who have been waiting for years and years to be told it is a complex case. The Home Office is the Department that is meant to administer the scheme and, as many of my colleagues have said, there is a level of mistrust and distrust if that same Department is judge and jury. I welcome the fact that the Minister mentioned in his note this morning that there is to be some independence, with a QC being introduced to the process, but we need finally to disentangle the two.
To be clear, Martin Forde QC, who is the independent adviser, is already in place, but we are looking to go through a recruitment process for the permanent appointment.
I am grateful to the Minister for that and welcome his point. As I say, it looked a little vague, so I am pleased that we have got a bit more vagueness out of him this evening. We await to see the detail and what that turns into. Independence is a good thing in a process such as this one when there is historical distrust between these communities and the Minister’s Department.
Others have cited these figures: of the 1,108 applications —8,000 were expected—only 36 have led to anything. The £64,000 sum sounds very low for people who have had years and years of loss of earnings. Again, there is the issue of proving the unprovable. We have heard today that there are people who served in our armed forces for 10 years, yet that is not sufficient proof for whatever the hoops are that the Home Office wants people to jump through. It just looks like it is being done in a perfunctory way, almost to deter people from applying.
Where is the national media campaign? The Home Secretary talked at the beginning of the debate about doing travelling road shows, which I have yet to encounter in my own borough. Was it before or after the illegal Prorogation that £140 million was spent on the Get Ready for Brexit campaign, to excite people in a politically motivated, partisan, propaganda way? It contravened the civil service code, but all the complaints seemed to get swallowed up in the swirl of the general election. We need some sort of advice campaign for this scheme so that people know about it, because people out there are unaware of it.
As we all know, 60 million Brits woke up the other day without the right to live, work and study in 27 other EU nations as part of the greatest democratically accountable trade zone that the world has ever seen. Currently, record numbers of people with British passports are applying for other passports. The highest number is the 94,000 last year alone who applied to the Republic of Ireland, but people are even applying to other countries to which it used to be unknown for Brits to apply. Some 4,800 French passports have been applied for. That does not instil us with confidence that ours is a gold-standard passport anymore. When the Windrush generation have been waiting for years and years, that just adds insult to injury.
There are worries that other categories of people may be at risk from similar difficulties with the Home Office and the mix of cruelty and ineptitude that we have seen with this particular scheme and policy. The House of Commons Library briefing lists Chagos islanders, EU citizens and a whole load of other people who may fall into this category. A million people have applied for the EU settlement scheme, but we can already see people falling through the cracks, because that scheme is way short of where it should be. The Chair of the Public Accounts Committee, my hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier), said at the beginning of the debate that 160,000 people could be eligible to apply for Windrush compensation.
We should remember that this entire scandal cost the scalp of a Home Secretary. The massive governmental failure we have seen in respect of the relatively small numbers—in the thousands—caught up in the Windrush scandal should be a warning against demonising communities without ID. Additional burdens are now being created just for people to go and put an X in a box every five years—the Government are insisting on extra documentation just for voter ID—but we know that 3.5 million people do not have any sort of photo ID. It all bodes very ill. If we really are learning lessons, we need to take heed, especially as to date there has been only one conviction for election fraud in the 2017 general election. I await to see the figures from the recent general election, but it is all part of a pattern, is it not? It looks more hostile environment than one nation Government, which is what they claim to be.
To compound things, the Windrush generation are the people who faced those “No dogs, no blacks, no Irish” signs when they came to this country. Between the original 492 passengers who set sail on the SS Empire Windrush back in June 1948 and right up to 1971, many other people came from the British empire—I think the number is nearly half a million, including my own parents, who came in 1962 from the former East Pakistan. For all those people, all these things are a great worry. We are talking about compensation, but it looks like it is not forthcoming for a lot of people. The wheels of justice are being extremely slow to turn.
At a time when other London boroughs seem to be doing away with things such as Black History Month, I am proud that in my own, the London Borough of Ealing, we have had a Windrush flowerbed in our flagship park, Walpole Park, since 1998. It was re-consecrated or renewed—whatever is done to parks; it is not religious—in 2014. There is a sense that black history is being belittled by all these things. In the neighbouring Tory boroughs, Hillingdon and Wandsworth, they have done away with black history week and are calling it diversity week, which is not the same thing. All these things are not just for a week; they are about lives and livelihoods. I am incredibly fortunate that in my borough we have on a Friday the Acton Anglo Caribbean lunch club, members of which have been affected by the Windrush scandal, although I will not go into individual cases. We also have their kids, who have formed a group called Descendants, and the WAPPY youth group.
I welcome the extension of the timeframe to 2023 and the element of independence that we have talked about, and Labour is obviously not going to oppose the Bill because it is a money Bill that allows compensation, but the scheme is still woefully inadequate. Only 3% of Windrush claimants have received compensation and the scheme falls pitifully short of all the expectations on it. Even the Home Secretary herself, in her own words, and the Government, in their “Dear colleague” letter this morning, as good as admitted that they are continuing to fail the Windrush generation. That is all wrapped up in this whole hostile environment policy, which has created a climate of fear, so that people do not want to come forward. After all, this is the Government who sent “Go home or face arrest” vans all around the London Borough of Ealing.
The Government will not end the Windrush scandal until they completely do away with the hostile environment policy. That means they must repeal the Immigration Act 2014, which overturned legislation that had been in existence since 1973 and that was relatively liberal on freedom of movement.
Right at the start of this debate, the Home Secretary said that this is about ruling out inaccuracies. Many people do not have tons of confidence in this Government and in this Department, especially as it took people of the press—people such as the journalist Amelia Gentleman and campaigner Patrick Vernon—to shine a light on these murky waters in the first place. As I have said, this matter has already claimed the scalp of one Home Secretary. What we need is a proper restorative justice attitude—not something that is perfunctory. The Government may have achieved a stonking great majority, with dozens of new oven-baked MPs, but I hope that they do take heed of what we have been saying about the principle of restorative justice. They could introduce a flat-rate scheme with room for those who have complicated cases. They need to treat this as what it is—a genuine injustice and scandal—rather than in a deport first, ask questions later, too little, too late, inhumane way, which is what this woefully inadequate scheme appears to do.