Antisocial Behaviour: Hertfordshire

Seema Malhotra Excerpts

Friday 24th January 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

I congratulate my hon. Friend the Member for Hemel Hempstead (David Taylor) on securing this important debate and on the work he is doing in his constituency. He has very clearly set out the impact of antisocial behaviour in the cases and stories he has narrated. He has also set out how, when antisocial behaviour is not dealt with, it can be an attraction for other types of crime, creating fear in our communities. The story of how children can pick that up was also well highlighted. He went on to highlight the Conservatives’ record over the past 14 years and the impact it has had on our neighbourhood policing.

I am responding in today’s debate on behalf of my colleague, the Minister for Policing, Fire and Crime Prevention, my right hon. Friend the Member for Kingston upon Hull North and Cottingham (Dame Diana Johnson), who I am sure will be willing to pick up further on any issues with our hon. Friend. I know he has had a productive conversation with her very recently in which he raised these matters.

My hon. Friend rightly referred to the lamentable record of the previous Government on these matters. Even after the previous Government belatedly sought to deal with and respond to the reduction in the overall number of officers that they presided over, policing has still not returned to our streets. There are still fewer police officers in neighbourhood teams. The proportion of the public who say they never see an officer on the beat has doubled, and the number of police community support officers has halved. It is little wonder, then, that the types of crime and conduct that neighbourhood policing used to tackle have soared, as my hon. Friend the Member for Hemel Hempstead highlighted.

Whether it happens in Hemel Hempstead, Hertfordshire or anywhere else, antisocial behaviour is a blight on people and places. As MPs across the House will have seen in their constituencies, it affects communities in different ways and comes in different forms, but fundamentally this is about respect—respect for our laws and our expectations as a society, and respect for our fellow citizens. Those who lack that basic respect and behave antisocially have to be made to face the consequences of their actions. We need to send a message that we will not stand by while decent, law-abiding people suffer as a result of the selfishness of others.

To deliver the change that the country needs, we need to restore a sense of local pride, and give people the confidence that they are safe and secure, whether they are at home, in their neighbourhoods or in public places. That is why the Government’s plan for change includes our safer streets mission, and it is why we have made stronger action to tackle antisocial behaviour a central part of that mission, with a particular emphasis on improving the police response alongside tougher powers to tackle perpetrators.

My hon. Friend laid out some of the specific problems that his constituents have encountered. He will know that I cannot comment on particular cases, but I think it will be helpful for me to share more about the action we are taking more widely. The Government have committed to five core missions, which seek to address some of the fundamental challenges that society is facing over the next 10 years.

The safer streets mission will halve violence against women and girls, halve knife crime, and restore confidence in policing and the criminal justice system. It is focused on addressing harm and confidence in parallel, by taking a whole-system approach. These are long-term aims, but the Government are already taking decisive first steps towards their delivery, including delivering thousands more neighbourhood policing roles and taking steps to tackle antisocial behaviour through new penalties for offenders. These ambitious aims will require a dedicated coalition of Government, public services, the private sector, charities, and the public themselves, to be successful.

Neighbourhood police officers are at the forefront of the fight against antisocial behaviour. However, neighbourhood policing has declined to such an extent in the last decade that many of the bonds of trust and respect between the police and local communities have been lost. We are going to bring back neighbourhood policing and ensure that thousands of additional officers are out patrolling towns and communities as part of our mission to make streets safer.

Neighbourhood policing sits at the heart of the British policing model, and it is a critical building block in helping communities feel safe. We are determined to restore confidence in policing to record levels and restore the vital connection between the police and the communities they serve. That is why we are also working with policing to implement a new neighbourhood policing guarantee, restoring patrols to town centres, recruiting thousands more personnel and ensuring that every community has a named officer to turn to.

We recognise that no single agency can reduce antisocial behaviour alone, and that doing so requires that important partnership. For our part, the Government will ensure that the police, local authorities and other agencies have the powers they need to respond to antisocial behaviour. The powers in the Anti-social Behaviour, Crime and Policing Act 2014 do not go far enough. We will put that right by introducing the respect order. Under the new measures, persistent adult perpetrators of antisocial behaviour will face tough restrictions, including bans on entering areas where they have behaved antisocially, such as town centres or other public places. Anyone found breaching a respect order, which my hon. Friend the Member for Hemel Hempstead referred to, will face being arrested and could end up behind bars. We will pilot these measures initially, to ensure that they are as effective as possible, before rolling them out across England and Wales. These changes are long overdue.

My hon. Friend mentioned the harm that drugs can do to communities. Tackling illegal drugs is key to delivering the Government’s mission. We know from the crime survey for England and Wales that people using or dealing drugs is commonly among the top three antisocial behaviour issues for people in their area. The police have a critical role to play in cracking down on drugs misuse and antisocial behaviour. We are working with the police to support and increase voluntary referrals into treatment. Diverting those who use illegal drugs into interventions such as drug treatment services is key to reducing drug misuse, drug-related crime and reoffending. We support the use of drug testing on arrest and out-of-court resolutions to ensure that individuals who commit drug and related offences are given the opportunity to change their behaviour by diverting them to meaningful and appropriate interventions.

The hon. Member for South West Hertfordshire (Mr Mohindra) asked what is different since the Labour Government came into power. County lines is the most violent model of drugs supply and a harmful form of child criminal exploitation. Gangs exploit children and vulnerable adults to move and store drugs and money, often using coercion, intimidation, violence and weapons. Since July 2024, police activity through the county lines programme has resulted in over 400 county lines being closed and hundreds of arrests. Alongside that, the police have identified and referred over 800 children and vulnerable people for safeguarding and support, while over 200 young people have been supported by our specialist victim support services provided by Catch22. We will continue to provide dedicated support for children and young people to escape county lines and child exploitation. That goes hand in hand with our manifesto commitment to roll out further support through the young futures prevention partnerships, identifying at-risk children and young people and making better use of the existing youth services provision.

The hon. Member for Harpenden and Berkhamsted (Victoria Collins) raised the important issue of retail crime. As the Home Secretary set out in her speech to the Labour party conference, the Government will introduce a new offence of assaulting a retail worker to protect hard-working and dedicated staff. That is long overdue. We will also end the effective immunity for shop theft of goods under £200. Shop theft of any amount is illegal, and by repealing the relevant legislation we will ensure that everyone knows that.

I thank my hon. Friend the Member for Hemel Hempstead and all Members who have contributed to this important debate. Antisocial behaviour is clearly an issue of substantial concern in his constituency, as it is all over the country. We have to grip it and, through our safer streets mission, that is precisely what the Government intend to do.

Question put and agreed to.

Certificate of Common Sponsorship

Seema Malhotra Excerpts

Wednesday 22nd January 2025 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

It is a pleasure to serve under your chairship, Dr Huq. I thank my hon. Friend the Member for Poole (Neil Duncan-Jordan) for securing this very important debate and thank those who have spoken from the Back Benches, including my hon. Friends the Members for Congleton (Mrs Russell), for Montgomeryshire and Glyndŵr (Steve Witherden), and for Truro and Falmouth (Jayne Kirkham), and the hon. Members for Strangford (Jim Shannon) and for Bristol Central (Carla Denyer). Before I make any further comments, I assure the hon. Member for Strangford that I am very happy to meet him, as always, and indeed I will be visiting Scotland to talk about a number of the issues he has raised today.

The shadow Minister, the hon. Member for Weald of Kent (Katie Lam), made very similar comments to her speech in the last debate that we were in. I think we can all agree that the immigration system needs to be fair, controlled and managed—much better managed that the chaos that we inherited. Many issues in the design of the health and care visa system contribute to the problems we see today. It is important that that is understood and acknowledged in this debate.

I want to make a broad point: although I will hopefully address a number of the issues raised today, perhaps with some more positive input than may have been understood from some of the recent changes we have made, we understand that our net migration does need to come down from the record highs that we saw under the last Government. We have supported some of the rule changes brought in, including the stopping of dependants, which hon. Members will know.

In that spirit, it is important to say that the Government recognise the vital contribution that care professionals from overseas make to our social care sector. We do share my hon. Friend the Member for Poole’s concerns about the treatment of international workers in the care sector. A number of the issues they face are also faced by others from within the UK who are working in the same sector, and I will highlight some of the work we are doing to enact reforms that will be in the interests of all in this very important sector for our country.

My hon. Friend secured this debate in support of a proposal by Unison, as he outlined. I thank Unison for the considerable research and work it does in this area. I look forward to meeting the organisation to discuss not just these issues and its proposal, but its wider insights on issues facing workers. I hope that in this debate I can address some of the concerns raised and set out both what we are already doing, which I think goes quite a long way to addressing those concerns, and why addressing those concerns continues to be a high priority for this Government.

Hon. Members will be aware that in 2020 the previous Government introduced the health and care visa, which recognises the crucial contribution made by our international health and care workers. Those visas involve significantly reduced visa fees, as well as a quicker processing time and a dedicated Home Office team to process applications. Since February 2020, UK employers have been able to use this route to recruit people from overseas to work as carers. Under the previous Government, the number of carers recruited grew beyond expectations, and it is for that reason as well that this Government have maintained the measures the previous Government introduced in the spring of 2024.

The changes brought in by these new visas were stood up at pace by the previous Government to address what had become acute shortages in the adult social care sector. The issues the sector was facing had not been addressed and became a crisis—not unlike other workforce challenges—and they were then worsened by the covid-19 pandemic. The safeguards that should have been put in place when setting up these visas were not as effective as they could have been, and we have seen a range of abusive and exploitative practices in the sector. These have ranged from employers not having the work to fulfil workers’ contracts to abhorrent practices such as the housing issues that have been talked about, unfair shifts, pay and documents being withheld, and modern slavery. Hon. Members have also spoken about a lack of dignity, and a fear of taking holiday or sick leave or of speaking up when issues are faced. These are serious concerns and must be addressed.

That is why, in the autumn, I met colleagues in the Department of Health. At that meeting, I discussed these issues and the progress of actions that have already been taken, looking at where we might see longer-term plans for the care sector. As has been referenced in today’s debate, the recently introduced Employment Rights Bill establishes a framework for fair pay agreements, through which an agreement for the adult social care sector can be negotiated and reached in partnership by employers, worker representatives and others. That is yet another example of the Government taking steps and actions to address the serious issues that have been outlined. The Minister for Care and I will be discussing these issues further with our counterpart at the Ministry of Housing, Communities and Local Government, recognising local government’s stake in these issues, to understand how our Departments can come together and work more collaboratively.

Although the motion moved by my hon. Friend the Member for Poole focuses on health and care workers, it is worth mentioning that these issues seem to be particularly prevalent in lower-paying sectors such as care. In other areas of the health sector, the sponsorship system seems to be working well, with little need for significant Home Office intervention. However, I want to set out the steps we are taking to assist affected workers and the action that is already being implemented to tackle rogue employers.

First, we have seen that jobs in the care sector often do not have enough hours to support the workers who have been recruited to come to the UK. It is in no one’s interest to grant care worker visas when there is no guaranteed care work for visa holders to come to; that does not support care needs or our constituents, and it can also leave visa holders unable to support themselves in the UK without access to public funds. UK Visas and Immigration is applying the genuine vacancy test with a clearer understanding of the care sector’s recruitment processes and practices, to make sure that sponsors prove that the job is required and that they have enough work to ensure that the person will be doing the proposed job and paid the required salary. That is vital, given that international recruits on those contracts do not have recourse to public funds.

In the case of care workers who have come to this country in good faith to support these sectors and our constituents, but who have been left without a licensed sponsor, the Department for Health and Social Care has been working closely with the Home Office to design a process that will support those displaced care workers into new roles within the adult social care sector. Government officials, alongside 15 regional hubs in England made up of local authorities and directors of adult social services, are working together to support displaced workers into new roles. These regional partnerships have received £16 million this financial year to support them to prevent and respond to unethical practices in the sector. That includes providing funding support to help international recruits understand their rights. It also includes establishing operational processes with regional partnerships to support individuals to switch employers and remain working in the care sector in which they have been impacted when, for example, their sponsor’s licence has been revoked. We need to build on the progress that has already been made.

It is important to note that, as part of that process, workers in adult social care roles receive a bespoke letter direct from the Home Office that notifies them if their sponsor’s licence has been revoked. It also gives them the directions and contacts, so that they can get in contact with their regional partnership hub if they want to secure new employment and new sponsorship. The letter is sent before the visa cancellation process starts and is designed to give workers in adult social care the time to access assistance. I am keen to see the process made quicker, and I will work with ministerial colleagues to ensure that that is the case and that the process is as effective as it can be.

Where a worker believes that they are being exploited, but their sponsor is not yet subject to Home Office compliance action, the Government encourage them to come forward to regional hubs. Although the service is primarily for care workers whose employer’s sponsor licence has been revoked, we would expect support to be offered to other care workers who approach those hubs. I understand that some workers will be fearful, but I would encourage them and send them this message: they should come forward to report their experiences and secure help. For care workers specifically, the Home Office will waive priority service fees for applications supported by regional hubs.

Those who have come to the UK legitimately to support our care sector should be given the best opportunity to do so and be treated with fairness and respect. That is why the Government are also stepping up action against rogue employers. The Government have made clear our intention to crack down on those employers who are abusing the immigration system, and we will prevent them from sponsoring overseas workers. That will benefit all workers across our points-based system.

Let me turn specifically to the issue of employers passing on sponsorship costs to their workers, which has been raised by a number of hon. Members and is an outrageous practice. It has always been the intention that those benefiting from the recruitment of overseas workers should bear the costs of that sponsorship, and the Government believe that to be typical of most good employers. However, there are a small number of employers who have sought to load their sponsorship costs on to lower-paid international workers, and that must be stopped.

I am pleased to confirm that the Home Office has implemented policy changes to address that practice by skilled worker sponsors, including in the health and care sector. Those sponsors are now prevented from passing on the costs of acquiring a sponsor licence or of assigning the certificate of sponsorship, as well as any administrative and legal costs associated with having and using a licence. It is our intention to go further and implement that more broadly across all sponsored work routes.

As we set out before Christmas, the Government intend to go further and ban any employer who flouts employment laws from engaging with the immigration system. Visa and employment laws will be brought into closer alignment. Our sponsorship system will also reflect measures being driven and delivered by our Employment Rights Bill, which is currently going through Parliament. The Home Office will ensure that new protections set out in the Bill and the work of the flagship fair work agency are integrated into the sponsorship framework, strengthening the existing measures designed to prevent the mistreatment and exploitation of sponsored workers.

Although a key objective of the sponsorship system is to ensure that international workers are protected against modern slavery and other labour abuses, the Government recognise that the requirement to be sponsored and the worker’s reliance on their sponsor can, in some circumstances, make it more difficult for sponsored workers to change their employer. Those who wish to seek alternative employment can do so if they have a job offer from a Home Office-approved sponsor and make a new application. They are able to do that at any time, and do not need to wait until their sponsor is no longer able to employ them. Individuals have different options, depending on their circumstances, and can seek advice from an accredited immigration adviser.

If a sponsored care worker has lost their job because the sponsor’s licence has been revoked, they should, again, contact their regional support hub for assistance, as people who have been the victim of exploitation. The most important thing is that these individuals are supported to use the process and are able to make an application, which will enable them to regularise their stay. Anything short of that risks leaving them in a more vulnerable position, and we want to do everything we can to ensure that that is prevented.

Finally, we are deeply concerned by reports of unethical practices relating to international recruits in the care sector. That is why we are taking decisive steps to address the issue, and why UK Visas and Immigration continues to investigate and take action alongside partners where evidence of abuse is found. It is engaging with the Gangmasters and Labour Abuse Authority and other relevant agencies to hold employers to account, and working with the Department for Health and Social Care to support impacted workers.

In conclusion, we continue to look at the best approaches for the immigration system, but it is important to note that the sponsorship compliance regime has exposed widespread abuse and stripped hundreds of rogue employers of their ability to recruit internationally. The system is therefore key to ensuring that future workers receive the pay and conditions promised when they applied for their visa. Although we recognise the issues raised today, there is also much more work to do urgently to improve the system. We are utterly committed to doing that and to working with colleagues across the House to make those changes and improvements a reality.

Family Visas: Income Requirement

Seema Malhotra Excerpts

Monday 20th January 2025 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

It is a pleasure to serve under your chairship, Mr Pritchard. I thank all those from across the Chamber who have contributed to this important debate, and I thank my hon. Friend the Member for North Ayrshire and Arran (Irene Campbell) for moving the motion on behalf of the Petitions Committee. I also thank Shannon who started the petition and the over 100,000 people who signed it. The petition was concluded before the general election, but it has been brought forward for debate in the House.

It is important to address the point raised by the hon. Member for Bradford East (Imran Hussain) about the delays in Home Office cases. That is a separate matter from the one we are discussing. However, I will say that we inherited a Home Office with utterly chaotic systems. The huge amount—£700 million—spent on the Rwanda scheme and the diversion of caseworkers have partly contributed to the chaos that we have seen across a number of visa routes. I hope that we are starting to bring that under some control, so that applications can be processed more swiftly and people are not left waiting as long as they have been.

It is also important to make the point that migration has always been a part of our nation’s history. For generations, people have travelled here from all over the world to contribute to our economy, study in our universities, work in our public services and be part of our communities. Indeed, British citizens also continue to travel across the world and may choose to make their home abroad. We recognise and value the contribution that legal migration makes to our country, but as the shadow Minister, the hon. Member for Weald of Kent (Katie Lam), and all those across the House will be aware, we have said that net migration, which reached record highs under the last Government—over 900,000 in the year ending June 2023—is unsustainable. It needs to come down, and we have made that commitment. However, there has been a broader conversation in the contributions from Members across the House. I will endeavour to respond to the specific points raised, but first I want to set out the background to the minimum income requirement, or the MIR. I will set out how it came about and what our position is now.

As we know, appendix FM was brought into the immigration rules in 2012 to set out the requirements for family members wishing to come to or stay in the UK on the basis of their relationship with a family member who is British or settled here. It also brought the MIR into the immigration rules, with the aim of ensuring that family migrants could be supported at a reasonable level by their sponsoring family member so that, as has been raised, there was no unreasonable burden on the British taxpayer and to help to ensure that they had the independence and means to participate sufficiently in everyday life, to support themselves and to facilitate integration into Britain.

The right to family life is a qualified right, and the family immigration rules, including the MIR, carefully balance that right against the legitimate aim of protecting the economic wellbeing of the UK. Expecting family migrants and their sponsors to be financially independent is reasonable to both them and the taxpayer. In 2017, the Supreme Court agreed that this principle strikes a fair balance between the interests of those wishing to sponsor a partner to settle in the UK and the community in general.

When the MIR was introduced as part of the changes to the immigration rules, it was set at £18,600, following advice from the Migration Advisory Committee. At that time, the figure represented the level of income that a family could receive at which point they would cease to be eligible for income support. Between its introduction and April 2024, it was not increased in line with inflation or real wages or adjusted in the light of rising numbers of migrants using the route. The previous Government then decided to raise the MIR to bring it in line with the median income for skilled workers, which is currently £38,700. The decision was made without consultation and without the benefit of advice from the Migration Advisory Committee.

Shortly afterwards, the Conservative Government decided to implement the rise incrementally. The first increase, to £29,000, took place in April 2024, and no further changes have yet taken place. It is our view that any change must be underpinned by a solid evidence base and form part of a system that is fair, clear and consistent. To achieve that, as has been mentioned, the Home Secretary has commissioned the Migration Advisory Committee to review the financial requirements in the family immigration rules. That includes the level of the MIR and how it can be met.

[Ben Lake (Ceredigion Preseli) (PC)]

A number of Members have raised concerns about the discrepancies in incomes and average earnings across different regions and nations of the UK. Can the Minister give us an assurance that the Migration Advisory Committee will look at those?

[Seema Malhotra]

Indeed, that is what we would expect.

The Migration Advisory Committee has already completed a call for evidence. It may be of interest to the House that that call for evidence, which gathered the views of stakeholders and those affected by changes to family rules and closed on 11 December, saw more than 2,000 responses—a record for a Migration Advisory Committee consultation. The comments received will inform the review being conducted by the Migration Advisory Committee. I am sure that many interested Members and their constituents will have taken part in that opportunity to provide views, because, as has been mentioned, a rich evidence base is essential to ensure that effective recommendations can be made.

The Migration Advisory Committee has also commissioned two pieces of research to independent research contractors: a survey with a sample of applicants to the family visa, and qualitative reviews with people who applied and those who were not able to apply. Fieldwork will start in the next few weeks, and further information can be found on gov.uk. The Migration Advisory Committee is an independent body, and I know that the review will be robust and transparent, considering the impact on family life, children, equalities and regional variations in income. It is expected that the MAC will issue its report in the summer, and we will carefully consider its recommendations before making any further changes.

I will address a few of the points raised by hon. Members from across the House. Some hon. Members called for us to scrap the MIR altogether. However, as I said, it is a long-established principle that family life in the UK must be on a basis that balances the needs of the family and those of the UK taxpayer, and that also enables family migrants to integrate into British life. The family immigration rules are flexible and contain safeguards to protect the right to family life.

It is worth highlighting a few of the safeguards that are currently in the rules, because that will inform some of the hon. Members who made contributions today. Those who cannot meet the core requirements of the rules, including the MIR, may still be granted leave if they have exceptional circumstances that mean refusing their application would be unjustifiably harsh. That takes into account the impact on children and considers their best interests. It is in accordance with our obligations under article 8 of the European convention on human rights. Where someone is granted leave on the basis of exceptional circumstances, they are placed on a longer, 10-year route to settlement, which is granted in four tranches of 30-month periods, with a fifth application for indefinite leave to remain.

The rules recognise that some sponsors will have reduced earning capacity as a result of disability or caring for someone with a disability. Therefore, an applicant whose sponsor is in receipt of certain specified disability-related benefits or allowances is exempt from meeting the MIR. Instead, they must meet a requirement for adequate maintenance, demonstrating that they can support themselves and their family without relying on public funds.

[Tom Gordon]

The Conservative spokesperson, the hon. Member for Weald of Kent (Katie Lam), mentioned the point about personal independence payments. Obviously, not everybody who has a disability is eligible for every benefit; there are certain thresholds and requirements in order to get those statuses, and the conditions of people with disabilities might vary and change. How does that factor into what the Minister is saying?

[Seema Malhotra]

I am sure that those issues will have been raised in the responses that have come to the Migration Advisory Committee. It is right that the MAC is reviewing how the current financial requirements are operating, including looking at the impact on family units. It is important to mention that both the immigration fees and the immigration health surcharge may be waived based on what the applicant can afford.

I will briefly mention those who work for His Majesty’s armed forces in relation to the immigration rules. I note that the previous Government laid immigration rules in March 2024 that brought the MIR for His Majesty’s armed forces, including the Brigade of Gurkhas and the Royal Air Force partner route, in line with the armed forces salary threshold on completion of training, which was £23,496 for the 2023-24 financial year. That no longer includes an additional income requirement to sponsor a child. Tethering the MIR to the armed forces salary threshold takes into account the unique nature of their service, the armed forces covenant and the recruitment and retention of the armed forces in order to maintain national security.

[Nick Timothy (West Suffolk) (Con)]

Will the Minister give way?

[Seema Malhotra]

I do not think that the hon. Gentleman was in the Chamber at the start of the debate.

[Mark Pritchard (in the Chair)]

Order. The hon. Gentleman came in quite late.

[Seema Malhotra]

As always, the hon. Gentleman is welcome to catch me after the debate.

In relation to impact assessments, the previous Government published some initial analysis, which was referenced in the debate, on the volume impacts of the first stage of the minimum income requirement increase in December 2023, when the decision was announced. They committed to publishing the full analysis in the impact assessment, but that was not done when the rules changed or when the general election took place.

Impact assessments are important to enable scrutiny of the impact of the increase of the MIR. That is why we published the regulatory and equalities impact assessments for net migration measures under the previous Government in September and paused any further increases while the Migration Advisory Committee reviews the financial requirements in the family immigration rules. Once the MAC report has been received, a further equalities impact assessment will be completed to inform any further changes that are made.

To conclude, I thank hon. Members who have contributed to the debate. The Government’s position is clear: we support the right to family life and value the contribution that those from overseas make to our economy, public services and civic life. We recognise that that needs to be balanced as part of a fair, managed and controlled migration system.

[Seamus Logan]

The hon. Member for Weald of Kent (Katie Lam), speaking for the Opposition, described the public’s perception of these rules as being of great concern, as if there were a homogeneous view across the country. We know that is not the case: there is a different view in Scotland. During my speech I asked the Minister to confirm whether the leader of the Labour party in Scotland was in discussions with the Government regarding a bespoke Scottish visa. She has not answered that question yet, but I hope she will. Perhaps she can also confirm whether that might extend to partner visas as well.

[Seema Malhotra]

The hon. Member is right that views vary, but, in line with how the public see immigration, it is important that there should be a fair system that is controlled and well managed. It is extremely important for us to ensure we have controls around our system and not the utter chaos we saw under the last Government. Frankly, to say one thing and be doing almost the opposite is exactly what drives cynicism with politics and with control over immigration and our public services.

On the questions that the hon. Member for Aberdeenshire North and Moray East (Seamus Logan) has raised, I should say that I am in contact with a number of Members of the Scottish Parliament and other colleagues in the Scottish Parliament. The hon. Member will know our position because it is his colleagues who have raised the issue there. We will not be devolving immigration policy, because the issues that Scotland faces are the same issues faced in other areas. They also relate to labour market issues, whether that be pay, controls or conditions. It is important that we understand the issues, which is why I will visit Scotland in the near future. It is important to hear at first hand from those around the country, as we must have an immigration system that works for all parts of the United Kingdom.

The migration system and the MIR is an important issue. I recognise the concerns raised by hon. Members on different sides today and in the many pieces of correspondence I have received on this topic from Members, many of whom are here today. We must understand the impact of any potential further changes and ensure that policy in this area has a firm evidence base. I look forward to receiving the Migration Advisory Committee’s recommendations in the summer, which I am sure will inform the next steps we take and the debate in Parliament and across the country.

eVisa Consultation Response

Seema Malhotra Excerpts

Monday 20th January 2025 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

The transition to eVisas is a key element of our move to a digital, streamlined UK border and immigration system, replacing physical immigration documents with digital proof of immigration status.

Most physical biometric immigration documents (BIDs), in the form of biometric residence permits (BRPs), expired on 31 December 2024. We are encouraging all foreign national status holders to register for a UK Visas and Immigration (UKVI) account to access their eVisa. This transition began with the EU settlement scheme and many foreign nationals now coming to the UK will already have an eVisa. The transition to digital BIDs (eVisas) needs to be reflected in the “Code of Practice about the sanctions for non-compliance with the biometric registration regulations”, which was last updated in 2015.

Holders of eVisas will be able to evidence their identity and status by creating a UKVI account “share-code” which they can provide to third parties, such as employers. At times, key account information such as facial images and name changes will need to be updated. Keeping this information up to date is a requirement set out in the Immigration (Biometric Registration) Regulations 2008. Failing to comply with these requirements may result in the Secretary of State imposing sanctions on the individual. These requirements and the way sanctions will operate are outlined in the code of practice.

We have revised the existing code of practice and consulted on the changes through a 12-week public consultation exercise between July and October 2023. This consultation included an online survey, two in-person engagement events and two virtual events. We also conducted a further round of engagement in November 2024 with a variety of stakeholders to ensure that the code of practice does not disproportionately impact vulnerable individuals and there are enough support mechanisms in place. Feedback from the consultation exercise and further engagement has been reflected in the revised code of practice. We are now ready to publish the Government’s response to the consultation. A copy of the consultation response and the revised code of practice will be placed in the Libraries of both Houses and published on www.gov.uk.

[HCWS370]

Workplace Pay Gaps

Seema Malhotra Excerpts

Tuesday 7th January 2025 Westminster Hall

[The Minister for Equalities (Seema Malhotra)]

It is a pleasure to serve under your chairship, Sir Roger. I congratulate my hon. Friend the Member for Brent East (Dawn Butler) on securing this important debate. I thank her, as other hon. Members have, for her long-standing advocacy and campaigning on the issues, which she demonstrated deeply in her speech today. I am proud to have worked with her on them. I also acknowledge the contributions made by hon. Members on both sides of the House, which were summarised well by the Opposition spokesperson, the hon. Member for Huntingdon (Ben Obese-Jecty). I am pleased to see the support for our direction of travel, and I see that we need to go further and faster.

I hope to comment on as many of the issues as possible that colleagues have raised. I thank the Opposition spokesperson for his comments, but I will say that if there had been as much passion for and commitment to some of these issues over the past 14 years, and such a focus on the Conservative party’s record, there would have been greater change than there was. I hope that he will continue to be a strong voice on these issues, not just in Parliament but in his party.

Today’s debate is a welcome opportunity to reaffirm and highlight the Government’s commitment to workplace fairness. I am incredibly proud that the work we are taking forward in this Parliament comes on the back of a long history of commitment to equalities legislation, whether that is the Equal Pay Act, the Race Relations Act 1965, the Sex Discrimination Act 1975 or the Equality Act.

One of the key ways that we can measure fairness in the pay that workers receive is by looking at pay gaps. Pay gaps look at the differences in the average pay between groups—for example, the average earnings of women compared with men—while equal pay is a direct comparison of the pay of individuals doing the same or similar work. We have had a number of contributions today on the ranges of and differences in pay gaps.

Pay gaps do not necessarily mean that pay discrimination has taken place, but frankly, they often do. They can point to opportunities not provided and processes that lock people out. Those are issues of fairness and workplace security. Pay gaps can also mean that employers are missing out on the talents and skills of a diverse workforce and all the benefits that come with that. Closing pay gaps of all kinds is in everyone’s interest, which is why we want to go further and faster in this Parliament to reach that ambition. It makes sense for business, society, employers and our economy.

The timing of this debate is welcome, given that—as my hon. Friend the Member for Brent East said—Ethnicity Pay Gap Day falls tomorrow, on 8 January. I acknowledge the work of Dianne Greyson and other campaigners. Since 2018, the campaign has highlighted the need for decisive action to tackle ethnicity pay gaps. Like Disability Pay Gap Day, which was marked on 7 November, and Equal Pay Day on 20 November, the date serves as a reminder of just how far we have to go. We know that ONS data shows that black, African, Caribbean and black British employees have consistently earned less than white employees, when looking at median gross hourly pay. In 2023, the pay gap between disabled and non-disabled employees was 12.7%, and in 2024, the gender pay gap still stood at 13.1%.

A number of issues have been raised—not just by my hon. Friend—in relation to accountability, enforcement, regional variation, the right to know, and so on. I will make a few remarks before addressing those points, although I recognise that there may be a shortage of time to address all the points that have been raised today, so I will also be happy to pick them up with hon. Members afterwards.

I am proud that in the King’s Speech in July, we strengthened our plans to introduce legislation to root out inequalities and strengthen protections against discrimination. As part of the King’s Speech, we announced the equality (race and disability) Bill, through which we will introduce mandatory ethnicity and disability pay gap reporting for employers with 250 or more employees, building on the requirement to publish gender pay gap data. That is a major next step in equalities legislation.

The debate on the publication of an ethnicity pay gap report has had the engagement of a range of key stakeholders, including the Runnymede Trust, the Chartered Institute of Personnel and Development, Business in the Community, ShareAction, Unison and many others. We also know that many ethnic minority workers still face barriers to progression in the workplace. For example, in March 2023, over 26% of the workforce across NHS trusts in England, but only 11% of those at senior manager level, were from an ethnic minority background.

Similarly, although there has been growth in employment rates for disabled people in recent years, there are still significant gaps, as my hon. Friend the Member for Ealing Southall (Deirdre Costigan) laid out. As we know, disabled people have, on average, lower incomes than non-disabled people, and I want to make a couple of comments about the disability pay gap and employment issues. I know that my hon. Friend, who has expertise in this area, has met the Minister with responsibility for disabled people, my right hon. Friend the Member for East Ham (Sir Stephen Timms), to discuss the disability employment charter. We are taking those comments into account in our response to the Public Services Committee that I hope will be coming shortly. We also remain committed to publishing the findings of the disability workforce reporting consultation 2021-22.

[Jim Shannon]

Will the Minister give way?

[Seema Malhotra]

I am conscious of time.

[Sir Roger Gale (in the Chair)]

Order. This is entirely my fault. I imposed a time limit on speeches earlier, but two Members then dropped out, which has left us, perversely, slightly under-running. I should have indicated to the Front Benchers at the start of the Front-Bench contributions that we had a little more time than we might need. It is probably in the interests of the House that we hear what the Minister has to say, so I am going to allow the Minister to run over very slightly; if she wishes to take the intervention, she may do so.

[Seema Malhotra]

Thank you, Sir Roger. I will give way.

[Jim Shannon]

I thank the Minister for her contribution; she will know that my questions to her will never be adversarial. She has referred to disability action. Has she had an opportunity to discuss these matters with the equivalent Minister in the Northern Ireland Assembly? That was the thrust of my contribution, as it is really important that we in Northern Ireland follow the same line of thought as happens here.

[Seema Malhotra]

I understand that we are engaging with our colleagues in the devolved Governments, and across the country in relation to mayors playing a part, and I am very happy to pick that point up with the Minister for Disability. It is a priority for this Government to engage much more with our devolved Governments and work together to ensure that the voice of the whole UK is heard in the legislation that we are bringing forward.

I want to make a couple of comments about parental and shared leave and employment rights. Our plan to make work pay included a commitment to review the parental leave system alongside our wider plans to boost family friendly rights, so that workers and employers can benefit from improvements in productivity and wellbeing. The Employment Rights Bill will make existing entitlements to paternity leave and unpaid parental leave available from day one of employment, and will enable parents to take their parental leave and pay after their shared parental leave and pay.

We are improving access to flexible working, which will be extremely important in how we move forward further in this space.

[Ms Creasy]

I absolutely welcome the commitment to look at these issues, but I want to put on record that many of us believe that shared parental leave has set us back in terms of equality between the genders. It has been a disaster in terms of who has taken it up, because it asks women to give up their maternity leave and men do not pick it up. We need to give men leave that is paid and protected in its own right if we are ever to have equality between the sexes. I put that on the Minister’s table as something we need to look at, because shared parental leave is not the answer here.

[Seema Malhotra]

I thank my hon. Friend for making that point; her views and her voice are very much heard in this place. A number of these issues go across Government Departments, and I encourage her to continue to engage with other Ministers on this.

Hon. Members have raised issues relating to pregnant women and new mothers. Pregnant women and new mothers deserve to know that the law is on their side. We will put in place legislation that makes it unlawful to dismiss pregnant women, mothers on maternity leave and mothers who return to work for a six-month period after they return, except in specific circumstances. Strengthening the legislation in this area is an important part of how we are continuing to take our programmes forward in a way that is good for our economy, society and families.

Returning to ethnicity and disability in relation to employment and pay gaps, introducing mandatory ethnicity and disability pay gap reporting will provide transparency and the vital data to help businesses to identify and address pay gaps within their workforces and identify and remove barriers to progression. It will shine a light on the businesses taking welcome steps to promote the talents of ethnic minority and disabled workers while holding to account those who neglect to do so and make progress. The equality (race and disability) Bill will enshrine in law the full right to equal pay for ethnic minority and disabled people, and we will seek to remove barriers to redress for claimants.

These measures are not just about diversity and inclusion, as hon. Members have commented: they make good economic sense. Evidence shows that the adoption of such policies leads to improved productivity, improved rates of progression and retention, and profitability. Our analysis in opposition indicated that closing the employment gap faced by ethnic minority people could add almost £36 billion to our economy.

Anyone who is familiar with pay gap reporting knows, however, that the changes that we are making are not simple. These are complex matters with numerous challenges, whether it be disclosure rates, for which we will be producing more guidance, or the granularity of reporting. That is why we have listened to stakeholders when it comes to introducing the measures, and we continue to listen about how we will make this work in practice. That will be part of an important set of consultations that we are to undertake this year, including roundtable discussions over the next few months. I look forward to attending my first one, in collaboration with ShareAction, early in March.

As for when we will introduce legislation, we have committed to publishing the draft legislation in this parliamentary Session. As I said to my hon. Friend the Member for Brent East, we will bring forward the consultation shortly. That will be an opportunity for many of the issues to be raised in wider dialogue as we move forward with our plans.

On closing the employment gap and on best or good practice in workplaces, the “Get Britain Working” White Paper was published by the Department for Work and Pensions in November last year. It was a groundbreaking piece of cross-Government work. It sets out the details of reform to employment support to help tackle rising economic inactivity levels and to support people into good work, creating an inclusive labour market, all of which is part of the backdrop for how we make legislation more impactful in workplaces. That includes a new service to support more people to get into work and to help them get on in work.

Local “Get Britain Working” plans across England will be led by mayors and local areas and will include a youth guarantee—for all people aged 18 to 21 in England—for education, training or help to find work. I encourage Members to engage in such activity as we take it forward.

We are also making changes to existing reporting requirements further to ensure that employers are taking the steps we need to narrow their gender pay gaps. It is absolutely right to say that progress on reducing the UK gender pay gap has stagnated, and we need employers to take action to change that.

Organisations have been reporting data since 2017, but with employers encouraged to publish action plans voluntarily. Analysis in 2019, however, found that only half of employers had produced details of the actions that they had developed or implemented to address their gender pay gap. As part of the Employment Rights Bill introduced to Parliament in October last year, action plans will become a requirement. They will ensure that organisations are taking effective steps to improve gender equality in their workplace, and we continue to engage on how we will make them most effective. This will also focus minds on steps, for example, to support employees during the menopause and will introduce much-needed accountability into reporting.

Finally, the Government are acting in a number of ways to act on the drivers of pay gaps and to secure fairness more broadly in our workplaces. The landmark Employment Rights Bill contains robust measures to safeguard working people, including protections from sexual harassment and enhanced rights for pregnant workers, as well as measures that have the potential to change workplace culture for the better, with the elements I mentioned to do with flexible working and expanded day one rights.

We have an ambitious agenda to ensure that workplace rights are fit for a modern economy, and will empower working people and deliver economic growth. That is why we are working at pace across Government to make this agenda a reality. Over 50 years after the Equal Pay Act 1970 and almost 15 years after the Equality Act 2010, I am proud that we are now taking action at pace. In closing, I again thank all hon. Members for their contributions this morning.

Immigration and Nationality Statistics

Seema Malhotra Excerpts

Wednesday 18th December 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

It is a pleasure to serve under your chairship, Mr Mundell. I thank the hon. Member for West Suffolk (Nick Timothy) and congratulate him on securing this important debate. I also thank my colleagues from across the House who have contributed.

There has been an important focus today on statistics, which I welcome because this Government believe in making good use of facts and evidence when delivering policy. Various points have been raised, and I want to come back to all of them, but, if I do miss any, I hope that Members will allow me to respond to some of their points in writing. I also recognise that the Minister for Border Security and Asylum, my hon. Friend the Member for Wallasey (Dame Angela Eagle), is unable to be here today.

Before I address Members’ points, I want to make a few remarks reflecting on the immigration system that the Government inherited. The hon. Member for West Suffolk alluded to the situation that we found, and it is worth reflecting on what the latest official figures show because they shocked us all. Under the previous Government, net migration grew almost five times higher in four years—and is still four times higher—-than it was before the pandemic, driven heavily by an increase in overseas recruitment. The Home Secretary and the Prime Minister have both been extremely clear that net migration needs to come down. We are, therefore, continuing with visa controls, which we supported when they were introduced by the previous Government. However, we are also clear that much more needs to be done to restore order and credibility to the system. That is why—

[Julia Lopez]

Will the Minister give way?

[Seema Malhotra]

I will make some remarks; I know the hon. Lady has already contributed.

That is why we are pursuing a new approach to end the overreliance on international recruitment by ensuring that the immigration, skills and training systems are properly aligned in a way they have not previously been. Further details of our plans to reduce net migration will be set out in the forthcoming White Paper. I am sure the hon. Member for West Suffolk will want to contribute and bring his own experience in government, which I do respect. I am sure he will also want to engage on how we build the solutions and the architecture that we need for a new part of how Government works, working across the Home Office, skills and our future needs, as well as on how we ensure that we are supporting migrants into work, which is also part of the role of the DWP.

Let me turn to some of the issues raised in the debate. It is worth saying that the issue of dangerous small boat crossings has been a phenomenon of the last five or six years. There has been an increase from 300 people coming in 2018 to an average of over 36,000 a year in the last three years—a 120-fold increase. We cannot deny that, in a few short years, an entire criminal smuggler industry has been built around boat crossings, and that has also been allowed to take hold across the UK border. The cost of the asylum system also increased by more than five times to £5.4 billion between 2019-20 and last year. Returns of those with no right to be here are 30% lower than they were in 2010, and asylum-related returns were down by 20% compared with 14 years ago. That was the legacy we inherited from the previous Government, and former Ministers themselves have admitted it was shameful.

On the calls for more data, the Home Office and the Office for National Statistics publish a very wide range of statistical information on a regular basis. Our country’s statisticians, and those working in my Department and other Departments, are in fact world leaders in the production of statistics and analysis on the topic of migration. I am sure that the hon. Member for West Suffolk will know that the UK publishes, I believe, more statistics on migration than any other country. The content and presentation of official statistics is kept under review and that regular oversight allows us to balance the production of regular statistics with the need to develop new statistics and statistical products for future release. We remain committed to the issues of transparency and ensuring that public and parliamentary debates are informed by robust and accurate statistics, and to keeping statistics under review.

The hon. Member for West Suffolk raised a few comments on some of his correspondence and it would be helpful to refer to some of that. I assure him that the Home Office has received his letter of 1 September and is due to respond in due course. The breakdown of £700 million in costs, which the hon. Member inquired about, has been published on gov.uk and sets out the cost of the Rwanda partnership and the Illegal Migration Act 2023, which were inseparable. The purpose of the IMA was to prevent individuals arriving in the UK from remaining here, and Rwanda was intended to be a vehicle for enabling that. To try and separate them is deliberately misrepresenting the true cost of what was clearly a failed policy.

[Nick Timothy]

Will the Minister give way?

[Seema Malhotra]

The hon. Gentleman can come back in a moment.

The proposal to send asylum applicants to Rwanda was impractical, costly and would not have worked to reduce irregular migration. We believe in dealing with these issues with common sense in the work we have been undertaking: making sure we have a new Border Security Command and Border Security Commander, working upstream, building new partnerships with other countries and doing that in order to also disrupt the supply chains of criminal gangs, who the hon. Member for West Suffolk knows are undermining our border security and putting lives at risk. We will continue to spend taxpayer money on real solutions such as breaking the business models of those criminal gangs. In fact, when we made it clear that the Rwanda partnership would come to an end, we saw, for example, the repurposing of two flights provisionally booked for Rwanda, which were used to return a number of individuals to their home countries instead.

[Nick Timothy]

I thank the Minister for giving way and I appreciate that she has been given a hospital pass by the immigration Minister, who really ought to be the person here, but last time she was, she did not give a very good account of herself, and has been avoiding writing letters or giving any of the numbers that the Opposition have been asking for.

The statement—which was obviously pre-prepared, and I understand how these things work—does not address any of the questions that I raised in my speech. It is not true that we are world leaders in the collection of statistics that relate to immigration. Anyway, the questions related not to overall levels of net migration from particular countries and so on, but to things such as the nationality and immigration status of criminals and imprisoned criminals, or people living in social housing or in receipt of benefits. We do not have any information on that, and if we are compared to some European countries such as Denmark or the Netherlands, a study from which shows that the average asylum migrant costs something like £400,000 net over their lifetimes, we are nowhere. Can the Minister give us a quick answer on that?

[Seema Malhotra]

I thank the hon. Gentleman for his intervention. As I said, we do keep our statistics under review. He will also know that a lot of research on the cost and benefit of migration has been done by the Migration Advisory Committee, and its annual report, published this week, is another example of the work it is doing, with its capacity expanding to help us address some of the challenges of bringing net migration down alongside having a more coherent policy for how we do that across Government. Indeed, the recent estimate of the average contribution of skilled workers is also demonstrated in the report.

I will make this point before I finish: the hon. Member for West Suffolk will know that the Ministry of Justice does publish data on foreign national offenders in the UK in its official statistics. He will also know that we have seen a 21% increase in foreign criminals being removed from the UK, compared to the same period last year. That sends a clear message to foreign criminals that if they break the law, they will not be allowed to stay in the UK.

I recognise the importance of the debate and the issues that have been raised today. I thank the hon. Member for raising them and we will respond to him in due course.

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

eVisas

Seema Malhotra Excerpts

Wednesday 4th December 2024 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

The Home Office is developing a border and immigration system that is more digital and streamlined. E-visas—which over 6 million people have been successfully using for several years—are a key part of this transformation and will enhance people’s experience and increase the immigration system’s security and efficiency. We understand that the move away from physical documents represents a change and that this will be a significant adjustment for many. For this reason, e-visas have been, and continue to be, rolled out incrementally and with support available to help customers use the e-visa and online services. The majority of biometric residence permit cards are due to expire on 31 December 2024 and customers are being supported to move to e-visas. We welcome feedback on how we can improve our services and continue to support customers through the roll-out.

Benefits of e-visas

It is important to recognise that there are significant benefits from e-visas. Creating a UK visas and immigration account is free and straightforward, and it does not change or remove a customer’s underlying immigration status. For example, if someone has leave to remain until September 2025 but their biometric residence card expires on 31 December 2024, their leave until September 2025 is unaffected. E-visas are secure and cannot be lost, stolen or tampered with, unlike a physical document. They can be accessed anywhere and in real time.

Using their UK Visas and Immigration account, customers can share relevant information about their status securely with third parties, such as employers, landlords, travel operators or private service providers. Customers will also benefit from the secure automated access that Government Departments and partners, including the Department for Work and Pensions, the NHS, Border Force and carriers, will have to their immigration status, streamlining processes and access to key services.

An e-visa is like an electronic version of a BRP and is used to view and prove status, for example to work or to rent a home. The e-visa is created by the Home Office for each customer accurately to reflect their immigration status, in line with their physical document. The e-visa is then accessed by the customer setting up a UKVI account with their own log-in—a process which has been shown to be very straightforward in the vast majority of cases.

New statistics we are publishing today have shown that over 3.1 million people, mostly with BRPs, have successfully made the transition to e-visas from March to November this year. There are still a proportion of customers who have not yet signed up, and we would strongly encourage them to do so. We also encourage all parents or carers to create accounts for their children.

This account creation process has been more difficult for a small proportion of customers, for example where they have lost their BRP and have no other form of identity document. We have already made changes to improve the process for these customers, including creating UKVI accounts automatically for newly recognised refugees since 1 November. But we remain concerned that some of the risks of the roll-out, particularly for those making the transition from BRPs and legacy documents, were not clearly identified and managed under the previous Administration, and we have been consulting stakeholders on other issues raised by them, along with the wider concern that this change could lead to another Windrush. For these reasons, we have been working intensively since the summer to understand the challenges being experienced, to listen and respond to the issues raised, and to adjust the roll-out plans accordingly.

That is why today I am updating the House on changes we have made to the roll-out to address some of the areas of concern, and on how we will continue to engage with stakeholders and communities through the transition.

Legacy document holders

We have streamlined the process for legacy document holders making the transition to e-visas. The updated “no time limit” application process was further streamlined in October, building on enhancements delivered to the old version of the form in September, and addressing concerns about the evidential burden placed on applicants. This new form, which went live at the end of October, also creates a UKVI account as part of the process, removing the need for NTL customers to take the additional step to create their account and access their e-visa. Any customers who continue to have to use the old process because they have no valid ID document will have an account created manually for them by caseworkers. This is a big step forward in smoothing the journey for legacy document holders.

Those holders of legacy documents (such as passports containing ink stamps or a vignette sticker) will still be able to prove their rights as they do today, where their legacy documents currently permit them to do so, including the right to rent or to travel to the UK. It should be noted that stamps in expired passports have not been acceptable to prove the right to work since 2014. The position for legacy document holders does not change at the end of the year, but we encourage them to transition to e-visas by making a NTL application, to access the significant benefits that e-visas bring to customers. More information on this process is available at: https://www.gov.uk/guidance/online-immigration-status-evisa

Working with carriers

The Home Office has developed technology to enable carriers to check immigration status automatically via systems checks. Over the course of the last three years, the Home Office has engaged extensively with carriers about the roll-out of ETA and e-visas to travel, to ensure they are fully prepared for the coming changes. This engagement has included direct communications with carriers on an individual basis, regular carrier forums, and direct training sessions for carrier staff. As we get closer to the end of the year, we have enhanced our engagement with airlines to ensure their understanding of e-visas and automated checking of status. We are training staff across the world on the options available to them to check immigration permissions, including use of direct digital checks, the online view-and-prove service, and the 24/7 carrier support hub, which they can contact to confirm a passenger’s immigration status where necessary.

We are committed to delivering an approach which enables people to demonstrate their status and access the services in the simplest and most secure way possible. We will continue engaging extensively with our stakeholders to ensure that there is a strong understanding of all changes to our border and legal migration system, and a clear messaging campaign to spread public awareness about our move to e-visas.

Extending use of expiring BRPs

While we encourage all BRP holders to switch to using their e-visa via their UKVI account before their BRP expires, if a customer has not created a UKVI account by 1 January 2025 and their BRP has expired, they will be able to do so quickly and easily next year, using their expired BRP if needed.

However, we have also listened to concerns about the risk to customers who are travelling after 31 December, where their underlying status has not expired. In order to smooth the transition to e-visas, we have decided to allow carriers to accept a BRP or EU settlement scheme BRC expiring on or after 31 December 2024 as valid evidence of permission to travel until at least 31 March, and this date will be kept under review. Customers travelling in the early part of the year are therefore advised to continue carrying their expired BRP, as this will add to the range of checking options already available to carriers.

While this will not affect the way that Border Force conducts its passenger checks, it will provide confidence and reassurance to travellers that they will not face unnecessary delays when proving their travel status with airlines and other carriers, and it reflects our strong desire to act on the concerns that have been raised with us and ensure a smooth transition with minimal disruption for travellers at a busy time of the year.

Increasing support for vulnerable people

We have a number of support services in place to help vulnerable customers to transition to e-visas. There are several national grant-funded bodies and community-based organisations spread across the UK ready to offer immediate, free and specialist support for vulnerable individuals in their transition to an e-visa throughout the rest of 2024 and beyond. Further information about the four national grant-funded organisations and the support that they can provide is available here: https://www.gov.uk/government/publications/evisa-community-support-for-vulnerable-people

Customers can contact the resolution centre, which provides support via email and webchat to those creating their UKVI account, and telephone support to those using the online immigration status services. Individuals can also nominate a helper and give them limited access to their account, so that they can assist with creating a UKVI account, with completing details to access an e-visa, and with submitting any immigration application. Where a person is unable to manage their own affairs due to, for example, age or disability, a proxy, who is authorised, can create and manage the account on behalf of the person.

We recognise that some customers may need further assistance with IT-related aspects of creating a UKVI account. Assisted Digital (in-country only) is a free service provided by UKVI to support digitally excluded customers in creating a UKVI account. More information is available here: https://www.gov.uk/assisted-digital-help-online-applications

Printed documents

Successful visa applicants receive written confirmation by email or letter that they have been granted permission, which they can keep for their personal records. Where this document cannot be used as evidence of their status, these printed documents can be used when interacting with the Home Office, should any subsequent issues be encountered with their e-visa. Customers may also wish to print out their e-visa profile page, if they would like a physical version for their own records.

We have been recording immigration status information digitally since the turn of the century, and if someone encounters an issue with their e-visa, we can search those records to find their information and confirm their status. BRP holders are also able to retain their expired BRPs for their own records, and legacy document holders who make the switch to an e-visa will also still have their physical documents as evidence of their immigration status.

Customers can continue to use the online right to work and rent services, which have been used by millions of people for over two years to prove their rights. This includes using an expired BRP to access these services, provided the person has valid immigration status.

Technical issues

We have designed our digital services to be highly resilient, rigorously tested, and deployed across multiple data centres. Services are proactively monitored for failures, which will highlight any potential problems to allow support teams to resolve them as quickly as possible where they occur. We recognise that a small number of customers have experienced issues with their e-visas, which we are working hard to address. This includes a customer’s status not being visible or showing incorrectly.

We encourage any users experiencing issues to contact the Home Office to enable these to be investigated and resolved. Where necessary, the resolution centre can enable individuals’ status to be verified through alternative means. Customers can contact the resolution centre using an online webchat service or by phone.

Windrush

We are conscious of the lessons learned from Wendy Williams’s extensive review on the Windrush scandal. This Government are committed to ensuring that all customers, including the most vulnerable, are properly supported as we transform our immigration system. We understand that individuals may have concerns about proving their status in the absence of a physical document.

Many Windrush individuals had an immigration status that was automatically conferred on them by an Act of Parliament, so in some cases they had no physical proof. The transition to e-visas is in part designed to address that situation by ensuring that everyone with a right to stay in the UK has an e-visa which provides secure and permanent evidence of their status, as well as giving them access to online services which enable them to share evidence of their immigration status with third parties, such as an employer or a landlord.

We hope that these announcements demonstrate how seriously this Government take the need to ensure that everyone has a smooth transition to e-visas, and that any potential problems are anticipated in advance, as far as we are able to, or dealt with as quickly and smoothly as possible where not. Above all, we recognise the concerns that people have raised with us, and the issues that have needed to be resolved, and we are both taking action to address them, and committing to maintaining an ongoing dialogue with all customers and stakeholders to continue that process in the weeks to come. A copy of the e-visa partner pack will be placed in the Libraries of both Houses.

[HCWS283]

Visa Sponsorship

Seema Malhotra Excerpts

Thursday 28th November 2024 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

The Home Office is committed to minimising abuse of the visa and immigration system by unscrupulous employers. We are now setting out our first steps to deliver on our manifesto commitment to ban rogue employers from sponsoring overseas workers. We are setting out stronger controls to prevent employers who flout UK employment laws from sponsoring overseas workers, alongside going after those who show signs of non-compliance. No organisation is above the law or too big to fail.

For the first time, visa and employment laws will be brought into close alignment, to ensure strong protections for those who come to work in the UK, especially in important areas of our economy such as adult social care.

The Government will deliver legislation for the flagship Fair Work Agency, ensuring fair and strong employment rights for all. Through this legislation, we will ensure that any business found guilty of serious employment law breaches, such as failing to comply with the national minimum wage, will have robust action taken against them—up to and including having their visa sponsorship licences refused or revoked. Alongside this, we are strengthening powers to ensure the compliance of those on the register of licensed sponsors.

Over the last two years, there have been a growing number of allegations about sponsors seeking to charge workers for sponsoring them, particularly in the care sector. Where these charges are inappropriate, individuals can fall into work-related debt and experience a significant amount of harm. To combat this, we are now taking action to ensure that if a business wishes to recruit internationally, they will be required to pay for certificates of sponsorship, sponsor licences and the associated administration themselves. This will end the intolerable practice of recovering these costs from workers, which has led to the exploitation and unfair treatment of staff, particularly care workers who have been left in debt to their employers. These rules will apply to the skilled worker route first and will be in force by the end of the year. We intend to build on this in due course, widening it to other sponsored employment routes.

This Government are also taking robust action against businesses that show signs of non-compliance such as committing minor visa rule breaches. Current rules impose action plans on businesses for only three months, but today we are committing to extending this to up to 12 months. While these longer action plans are in place, employers will be restricted in how they can use their licence, including limiting or removing the ability to sponsor overseas workers. If they do not comply with the action plan, fail to pay for the plan or make the necessary improvements by the end of their action plan, their sponsorship licence will be revoked.

We will take strong action against employers who do not comply with the rules, where necessary revoking their sponsor licence. We will strengthen this by making it harder for those with a long-term record of non-compliance to return to the sponsor register. The current penalties for breaking visa rules are too weak, with all revoked businesses facing only 12 months of sanctions—regardless of their track record. That is why we will be introducing longer cooling-off periods for businesses that repeatedly flout these rules or commit serious immigration breaches, barring them from applying for a sponsorship licence over this period and therefore hiring overseas workers.

This set of new measures shows how seriously the Government take maintaining the integrity of the visa and immigration system, ensuring that those who would seek to abuse the system face strong consequences. These measures are part of wider efforts to tackle the root causes behind the UK’s long-term reliance on international workers and wider action to link migration policy with skills and wider labour market policy. All those who work in the UK deserve decent employment with decent employers—this Government are working to ensure that happens.

[HCWS263]

Immigration Rules Change

Seema Malhotra Excerpts

Tuesday 26th November 2024 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

My right hon. Friend the Home Secretary is today laying before the House a statement of changes in immigration rules.

Introduction of a visa requirement on Colombia

We are today introducing a visa requirement on all visitors from Colombia. Nationals of Colombia will also be required to obtain a direct airside transit visa if they intend to transit via the UK, having booked travel to another country. The visa requirement comes into force at 15:00 GMT today.

Consequently, the planned change to allow nationals of Colombia to apply for an electronic travel authorisation from 27 November 2024 for travel to the UK from 8 January 2025 will no longer be introduced.

There will be a four-week, visa-free transition period for those who already hold confirmed bookings to the UK obtained on or before 15:00 GMT 26 November 2024, where arrival in the UK is no later than 15:00 GMT, 24 December 2024. Arrangements are in place so that Colombian nationals can apply for visas. We are publicising the changes so that travellers are aware and can plan accordingly.

We are taking this action due to an increase in the number of Colombian nationals travelling to the UK for purposes other than those permitted under visitor rules since the visa requirement was lifted in November 2022. This has included a significant and sustained increase in asylum claims, and high rates of refusals at the border, due to people travelling without the intention of visiting for a permitted purpose. This increase in asylum claims and refusals has added significantly to operational pressures at the border, resulting in frontline resource being diverted from other operational priorities.

The decision to introduce a visa requirement has been taken solely for migration and border security reasons. Our relationship with Colombia remains a strong and friendly one. Any decision to change a visa status is not taken lightly, and we keep the border and immigration system under regular review to ensure it continues to work in the UK national interest.

Changes relating to the Ukraine schemes

Almost three years on from the start of the conflict, we continue to stand firm with the people of Ukraine, and to show that those who need our help are still warmly welcomed in the UK. We have extended that welcome to nearly 250,000 people who have come to the UK (or had their existing permission in the UK extended) under the Ukraine schemes. To provide future certainty, in February, the UK Government announced that Ukrainians with permission under one of the Ukraine schemes would be able to extend their permission for a further 18 months through the creation of a new Ukraine permission extension scheme. Applications are due to open in early 2025, and the immigration rules we lay today will provide people with further certainty about their future by outlining the requirements of the new scheme.

The bespoke scheme will provide the same rights and entitlements to access work, benefits, healthcare, and education that Ukrainians have enjoyed under the existing schemes. The scheme will also be fee-free, with applications being accepted within the last 28 days of their current permission—in line with most other visas routes—to ensure Ukrainians have sufficient time to apply to the scheme.

Ukraine permission extension scheme opening

The overarching principle of UPE is to provide continued sanctuary in the UK for those who still need it while the war in Ukraine continues. Under the principles of the Ukraine schemes, UPE will continue our generous offer to those Ukrainians, and their eligible family members, who are already here. It is open to those who have previously been granted permission in the UK under the Ukraine schemes (or leave outside the rules on the same basis) who meet the criteria for applying. Applicants will also be required to have been resident in the UK (and islands) and/or Ukraine since holding permission under the Ukraine schemes.

Individuals should apply before their current permission expires. This is important, because as is the case with all other visa routes, those who allow their permission to lapse will lose their rights to receive benefits and healthcare, and to work and rent. Work is under way to mitigate any risks associated with this, and my Department will continue to work closely with other Departments, and in particular with my right hon. Friend the Secretary of State for Works and Pensions, to ensure that people make an application in time.

Under UPE, there will need to be adequate care and accommodation arrangements in place for children, in order to meet our safeguarding obligations. Where a child is not in the UK with their parent, we will seek parental consent to confirm their current living situation. In some cases, referral to the local authority where the child is living will be necessary. We are also aware that different members of some family units under the Ukraine schemes will currently have differing periods of permission, as they may have applied to come to the UK at different times due to their personal circumstances. Due to this, where a Ukrainian child is resident in the UK with their parent and both hold permission under the Ukraine schemes, the child’s period of permission granted to them under UPE will be aligned with that of their parent. We believe there is merit in aligning with the parent in the best interests of the child.

Ukraine extension scheme closure

In May this year, we closed the Ukraine extension scheme to all individuals, except to UK-born children with a parent who has, or has had, Ukraine scheme permission; they have still been able to apply under UES to regularise their permission in the UK. Upon the opening of the UPE scheme in early 2025, we will close the UES route completely, and UK-born children will instead apply through UPE, though they will not need to have had prior permission. This will streamline the visa routes by channelling all in-country applications through UPE, removing any confusion that might otherwise be created by having two “extension” schemes open at the same time. There is no change to the eligibility requirements for UK-born children in this regard.

Ending use of open-ended permission to travel letters

Additionally, we are ending the use of permission to travel letters in the Ukraine schemes. PTT letters were issued as part of an exceptional biometric deferral application process, implemented in response to the full-scale invasion of Ukraine, to allow those fleeing war to quickly reach sanctuary in the UK. However, this process closed to new applicants on 7 December 2023, and all Ukraine scheme applicants are now required to attend a visa application centre to provide their biometrics before travelling.

We have provided advanced notice to applicants who have been issued with a PTT letter but not yet travelled to the UK, to ensure that any individual who wishes to use it has the opportunity to do so before restrictions take effect. Any applicants who have not travelled to the UK when the restrictions take effect will be informed that their PTT letters can no longer be used. The Homes for Ukraine scheme will remain open and uncapped for those who wish to reapply for sanctuary in the UK. This change is therefore not a reduction of support for Ukraine, and the UK Government remain steadfast in their support for Ukraine and the Ukrainian people.

Changes to long residence route

We have always been clear that the Ukraine schemes provide temporary sanctuary in the UK only while the war in Ukraine remains ongoing, and that they are not a route to settlement in the UK. This is in line with the express wishes of the Ukrainian Government, who will need their nationals to return to help rebuild the country when it is safe to do so. To reflect this, we are making a minor change to the eligibility requirements for the long residence route, to make it clear that permission to stay in the UK under the Ukraine schemes, including the new UPE, cannot be used to qualify for permission to stay or settlement under the long residence route. This change brings the rules in step with the already established policy position.

These changes to the immigration rules are being laid on 26 November 2024. On the changes that introduce a visa requirement on Colombia, due to the need to safeguard the operation of the UK’s immigration system, those changes will come into effect at 15:00 GMT on 26 November 2024.

The changes regarding the long residence route will come into effect on 18 December 2024; the changes to open the Ukraine permission extension scheme and close the Ukraine extension scheme will come into effect on 4 February 2025; and the changes to end the use of open-ended permission to travel letters will come into effect on 13 February 2025.

[HCWS250]

Indefinite Leave to Remain: Healthcare Workers

Seema Malhotra Excerpts

Monday 18th November 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

It is a pleasure to serve under your chairmanship, Sir Edward. I thank and congratulate my hon. Friend the Member for Folkestone and Hythe (Tony Vaughan), for securing this important and informative debate, and indeed for the work that he and colleagues across the House are now doing in the Petitions Committee. I am grateful to him and to colleagues for taking part today.

I want to start by saying that I totally agree with the sentiment underlying so many of the contributions—that everyone should be able to work free from fear and exploitation, and that there should be absolutely no place for hate crime or sentiments from anybody, anywhere in the country. I am sure that all hon. Members across this House take those issues extremely seriously.

I will address several of the issues raised—including tackling the exploitation that we see regarding this route, taking a preventive approach, ensuring trust, making sure that there are escape routes for people if they feel locked in with their employers, and many others—in my remarks this afternoon. I thank my hon. Friends the Members for Ashford (Sojan Joseph), for Southampton Test (Satvir Kaur), for Bournemouth East (Tom Hayes) and for Congleton (Mrs Russell), as well as the Liberal Democrat spokesperson, the hon. Member for Hazel Grove (Lisa Smart), and the Conservative shadow Minister, the hon. Member for Rutland and Stamford (Alicia Kearns), for their contributions today.

The Government do recognise the vital contribution that health and care professionals from overseas make to our NHS and in social care, and indeed to the wider health and wellbeing of the United Kingdom. Indeed, my hon. Friend the Member for Ashford speaks with great personal experience, having worked as a nurse. I know that he, like me, will want to congratulate our mutual friend, Bejoy Sebastian, a critical care nurse, who was recently elected as president of the Royal College of Nursing. Bejoy is a true example of the incredibly important contribution that is made to our wider health sector.

Hon. Members will be aware that in 2020 the previous Government introduced the health and care worker visa, which recognises the crucial contribution that international healthcare workers make, and this Government have kept that offer. The health and care worker visa provides significantly reduced visa fees, as well as a dedicated Home Office team to process applications. Most applicants can expect a decision within three weeks of enrolling biometrics. Applicants are also exempt from having to pay the immigration health surcharge. Those benefits apply to not only the main applicants but their dependants, which I hope is a sign of how much we value the role that those coming here play in our health and care services.

The United Kingdom’s offer to health and care professionals continues to be strong, competing with those of other countries in attracting health and care professionals who may want to work overseas. However, as several hon. Members have said, it is important in that context that we look at net migration overall. Under the previous Government, net migration trebled in five years, driven by a big increase in overseas recruitment.

Our Government are clear that net migration must come down, and we are committed to tackling skills shortages and labour market failures here in the UK to support that effort. That is why the Government’s approach is to link migration policy and visa controls to skills and labour market policies, so that immigration is not used as an alternative to training or tackling workforce problems in the UK. That will be important in ensuring that people have opportunities to gain new skills and access these important jobs, as part of enabling the Government’s broader agenda.

Although I appreciate the arguments about granting health and care workers settlement after two years, the system must be fair to all users. That is why it would not be right to allow health and care workers to qualify after two years, when skilled workers, including those in other much-needed sectors with global demand, would need to wait until they had completed five years on a work route before they were eligible to apply for settlement.

Settlement in the UK is a privilege and not an automatic entitlement. In determining the qualifying period, the Government have to balance what is fair to all applicants with ensuring that individual applicants are able to continue the skilled work they have been issued a visa for, which often aligns so much with their passions and, in this case, with the deep compassion that so many will bring. We must ensure that the period is of a reasonable length, while also recognising the potential impact on public funds of granting settlement sooner.

On balance, the Government consider that five years is the right length of time for people to demonstrate a reasonable contribution to their sector, as well as their commitment to the UK. That is why we have no plans to reduce the length of time that health and care workers, or other skilled workers, need to complete in the UK in order to apply for settlement.

In terms of examples elsewhere, France offered frontline workers fast-track citizenship in 2020 during the covid-19 pandemic, and other countries have offered short-term visas for roles in high-demand sectors. The French offer appeared to go wider than those just in health and social care, but the scheme appears no longer to be operating. So there are examples where there can be short-term changes, but those changes may also come to an end.

However, it is right that we tackle the issues underlying the sentiment behind the petition, which my hon. Friend the Member for Folkestone and Hythe powerfully outlined. In my remaining remarks, I want to tackle some of those issues, and particularly those related to displaced workers and exploitation.

I was asked what the Government are doing to more effectively tackle some of the exploitation we have seen, and it is worth laying out some of the protections that are now in place. In March 2024, there was rightly a change to sponsor guidance so that sponsors would need to be carrying out regulated activity and be registered with the Care Quality Commission. The Home Office has continued to act against unscrupulous sponsors and has highlighted bad practices to the sector. It continues to share concerns and intelligence related to bad practice, and since July 2022 has revoked 452 sponsor licences in the care sector, for reasons including underpayment of salary and failing to provide workers with enough hours to maintain salary levels.

For those individuals whose employer’s licence has been revoked, the Home Office has established a joint venture with the Department of Health and Social Care and with directors of social care operating in regional hubs in England, whereby the Department has funded a process allowing the hubs to find alternative employment for those in that position. Further information can be found on the Government website. The scheme has been implemented on an exceptional basis because of the exploitative practices that have been identified in the sector, and to provide protections to victims of those practices. Concerns regarding potentially unethical and illegal employment practices should be reported to the Gangmasters and Labour Abuse Authority, which will investigate fully. Information on reporting those issues can also be found on the GLAA website.

Colleagues on both sides of the House raised the important issue of having a single enforcement body. In their plan to make work pay, the Government set out a significant and ambitious agenda to ensure that workplace rights are fit for a modern economy, that they empower working people and that they deliver economicgrowth. The Government also introduced the Employment Rights Bill on 10 October 2024. It is important that we talk about this issue in the context of improving rights and protections for all workers.

It is also important to recognise that workers may want to change employer because of exploitation, even though their sponsor may not have lost its sponsor licence. Any worker on the health and care worker visa is able to seek alternative employment, provided they have a job offer from a Home Office-approved sponsor, and to make a new application. They are free to do that at any time, and they do not need their employer’s permission to move jobs. We strongly encourage health and care worker visa holders who think they are being exploited—whether they have concerns about pay, working rights or working hours—to come forward and report those concerns to us using the pay and work rights complaints section on the Government website. First and foremost, any worker who believes that they may be in danger should also contact the police.

If a migrant working in care has left their job because of exploitation, they should contact their regional support officer, so that they can help them try to find alternative employment. That includes people who have yet to have their visa cancelled.

In the context of some of the protections we have in place and the ability to move employer, the Government have no plans to extend the period allowed to workers who have lost their jobs, as that could leave them unable to work and support themselves for longer, increasing the risk of destitution or of becoming trapped in illegal working situations.

It is also important to recognise the point raised by my hon. Friends the Members for Congleton and for Bournemouth East, among others, that staff retention in the care sector remains a long-standing issue that the sector needs to address. That is why we are committed to ending long-term reliance on overseas recruitment by linking our migration, skills and labour market policies, as I mentioned. That includes improving working conditions and bringing in workforce and training plans for sectors such as health and care. That is why it is important that we have introduced the Employment Rights Bill and are looking at the fair work agency becoming a single enforcement body. However, I recognise that there is still much more to do.

The Government will continue to monitor care worker access to the immigration system and act to stop exploitation in the care sector. We do not plan to make any changes to the immigration system at this time, but we will act if needed.

In closing, I thank my hon. Friend the Member for Folkestone and Hythe for securing this valuable debate, and all those who have spoken. There is no doubt about the important role that health and care staff, and the sector in which they work, play in all our constituencies in supporting communities. This is a matter about which Members on both sides of the House care passionately, as has been demonstrated today. I assure Members that we will reflect carefully on this debate and on the points that have been raised. We will continue to do all we can to support those in our health and care sector and to ensure their safety.