Statement of Changes in Immigration Rules

Seema Malhotra Excerpts

Wednesday 12th March 2025 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 visit visa requirement on Trinidad and Tobago

We are today introducing a visa requirement on all visitors from Trinidad and Tobago. Nationals of Trinidad and Tobago 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.

Consequential to this, nationals of Trinidad and Tobago will no longer be eligible to apply for an electronic travel authorisation for travel to the UK.

There will be a six-week, visa-free transition period for those who already hold an electronic travel authorisation and confirmed bookings to the UK obtained on or before 15:00 GMT on 12 March 2025 where arrival in the UK is no later than 15:00 BST on 23 April 2025.

Arrangements are in place so that nationals of Trinidad and Tobago can apply for visas. We are publicising the changes so travellers are aware and can plan accordingly.

We are taking this action due to an increase in the number of Trinidad and Tobago nationals travelling to the UK for purposes other than those permitted under visitor rules. This has included a significant and sustained increase in asylum claims, which has added significantly to operational pressures at the border and resulted 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 our Commonwealth partner Trinidad and Tobago 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 to the Ukraine scheme

The Ukraine permission extension scheme (UPE) opened on 4 February 2025, and allows Ukrainians, and their eligible family members, who have been living in the UK with permission under one of the existing routes within Appendix Ukraine scheme, or outside the immigration rules in specified circumstances, to apply for a further period of 18 months’ permission to stay in the UK. The launch of UPE reflects our commitment to providing further support for Ukrainians in the UK while the conflict with Russia continues.

We are making some minor changes to UPE to extend the validity requirements further. This will include bringing in scope children under 18 who were granted leave to enter the UK outside the immigration rules so they could join or stay with their parents who already held Ukraine scheme permission. Going forward, a change to the Homes for Ukraine scheme guidance that was published on 31 January will enable eligible parents to sponsor their children to come to the UK under the Homes for Ukraine route. However, making this change to the UPE requirements now will enable children who have already been granted leave outside the rules in these circumstances to align their status with their parents by enabling them to apply to UPE when their current permission is due to expire. This will provide further reassurance and certainty about their status in the UK.

There will also be some minor drafting changes to the eligibility rules for UPE to better reflect the existing policy intention.

We are also making changes to the Homes for Ukraine (HfU) scheme, to include the “approved sponsor” requirements for eligible minors in both validity and eligibility sections of the rules. This will enable decision makers to determine applications which do not have an approved sponsor. We will also align the definition of parent across HfU and UPE, so it is consistent with the wider immigration system. In order to preserve the integrity of the broader immigration system, we will also introduce a requirement that parents who wish to be joined by their children in the UK under the HfU scheme must be lawfully resident in the UK.

Finally, changes to the immigration rules were laid in November 2024 (HC 334) to end the use of “permission to travel” (PTT) letters on the Ukraine schemes from 13 February onwards. The rules currently allow PTT arrivals to vary their permission in country within six months of their arrival. As there will be no further PTT arrivals from 13 February, no one will be able to vary their permission in this way from 13 August onwards. We are consequently making a change to the rules to remove this provision from that date, as it will no longer be required.

These changes to Appendix Ukraine scheme do not constitute a reduction of support for Ukraine and the UK Government remain steadfast in their commitment to Ukraine and the Ukrainian people.

Changes relating to the EU settlement scheme (EUSS)

The EUSS enables EU, other European Economic Area (EEA) and Swiss citizens living in the UK before the end of the post-EU exit transition period at 11 pm on 31 December 2020, and their family members, to obtain the immigration status they need to continue living in the UK, consistently with the citizens’ rights agreements.

The main changes enable a non-EEA national applicant to use a UK-issued biometric residence card or permit which has expired by up to 18 months as proof of their identity and nationality; confirm that a person with a pending administrative review of an EUSS decision, who has not left the UK or has been granted entry into the UK—except on immigration bail—will not be removed from the UK; and enable an application to be refused on suitability grounds, without a deportation or exclusion order being in place, where the applicant’s conduct before the end of the transition period meets the relevant EU law public policy test applicable under the agreements.

Changes relating to care workers in the skilled worker route

The Government value the important contribution care workers from overseas make to social care services. However, too many providers have recruited care workers to the UK and failed to provide them with the work they were promised, or have subjected them to appalling exploitation. We have a duty to protect people against destitution, exploitation and modern slavery, and the best way to do so is through secure, properly paid work and employment conditions.

We are therefore making changes to address the growing pool of care workers and senior care workers in this route who no longer have sponsorship, because their sponsors have been unable to offer sufficient work and or have lost their sponsor licences.

The changes require providers to try to recruit from this pool of workers who are seeking new employment, before seeking to sponsor new recruits from other immigration routes or from overseas.

The changes do not apply to workers outside England, or where providers are seeking to sponsor someone switching from another immigration route who has already been working for them for at least three months. We will keep the geographic coverage of this requirement under close review.

Changes to the minimum salary for skilled worker visas

A routine change is being made to update the minimum salary floor from £23,200 per year, or £11.90 per hour, to £25,000 per year, or £12.82 per hour. It is standard practice to update this and other salary requirements across work visa routes each year, using the latest annual survey of hours and earnings (ASHE) data from the Office for National Statistics (ONS). This ensures these salary requirements continue to reflect the latest pay situation for UK workers. As the Government intend to shortly publish an immigration White Paper, the changes are being limited to only updating the minimum salary floor. This is to ensure it reflects the latest ASHE data and remains significantly above the national living wage, which is also increasing in April 2025.

Appendix ETA—exemption for British nationals (overseas)

We are removing British nationals (overseas) from the list of nationalities requiring an electronic travel authorisation (ETA) for travel to the UK.

This means that holders of a BN(O) passport will be able to travel to or transit via the UK without requiring an ETA. We will keep this exemption under review.

These changes to the immigration rules are being laid on 12 March 2025. For the changes that introduce a visa requirement on Trinidad and Tobago, due to safeguarding the operation of the UK’s immigration system, those changes will come into effect at 15:00 GMT on 12 March 2025. For the changes relating to the Ukraine scheme, those changes will come into effect on various dates from 2 April 2025, as detailed in the statement of changes. All other changes will come into effect on 9 April 2025.

[HCWS515]

Draft Immigration (Biometric Information etc.) (Amendment) Regulations 2025 Draft Immigration and Nationality (Fees) (Amendment) Order 2025

Seema Malhotra Excerpts

Monday 3rd March 2025 General Committees

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

I beg to move,

That the Committee has considered the draft Immigration (Biometric Information etc.) (Amendment) Regulations 2025.

[The Chair]

With this it will be convenient to discuss the draft Immigration and Nationality (Fees) (Amendment) Order 2025.

[Seema Malhotra]

It is a pleasure to serve under your chairship, Sir Roger. The legislation we are debating concerns two elements of our immigration system: the fees for immigration and nationality applications, and the use of biometric information. I will take each instrument in turn.

The draft Immigration and Nationality (Fees) (Amendment) Order sets out immigration and nationality functions for which a fee is to be charged, and the maximum amount, or maxima, that can be charged in relation to each of those functions. I am sure Members will agree that it is prudent to keep maximas under review to ensure that the order continues to support our fees and funding objectives. The order will make several changes to the maximum fee payable, including for the electronic travel authorisation, sponsorship on work routes, naturalisation as a British citizen or a British overseas territories citizen, and certain nationality services.

The electronic travel authorisation maxima will increase from £15 to £16. The fee maxima that applies to sponsor a worker and for certificates of sponsorship will increase from £300 to £525. The fee maxima that applies to adult applications made to naturalise as a British citizen or a British overseas territories citizen will increase from £1,500 to £1,605. We are also making a number of changes to maximas for nationality-related products and services. The fees order will also remove the fee provision related to the electronic visa waiver and make a consequential amendment to the Immigration and Nationality (Fees) Regulations 2018 to remove the fee.

The changes we propose, which are accompanied by an economic impact assessment, will facilitate subsequent increases to relevant fees to the new maxima level, as outlined in the explanatory memorandum, which are necessary to ensure the sustainability of the migration and borders system.

The impact assessment for the fees order considered a range of economic costs and benefits of the proposed changes, of which the indirect impact on the Exchequer was one. However, this was considered alongside the estimated benefits, including the estimated revenue generated from the changes. The overall impact of the changes, if made in subsequent regulations, is uncertain, and a range of impacts has been presented. However, in the central case, the impact assessment estimates a positive overall economic impact of £203.5 million over the five-year period.

The central scenario in the impact assessment represents the best estimation of the potential policy impact if fees were to be raised to the relevant maxima. In this scenario, the direct benefits have been assessed as outweighing the more uncertain indirect costs. Further potential revenue of between £105 million and £120 million per year accruing to the Home Office from increases to the certificate of sponsorship fee are captured separately in the document as a transfer between business and the Government.

I want to make it clear that no fee levels will be changed through this order. Fee levels are amended through the Immigration and Nationality (Fees) Regulations 2018 and will be subject to approval by Parliament and accompanied by a full economic impact assessment. However, in laying this order before the House, we have sought to provide clarity to Parliament and to the public on our intention to increase certain fees when parliamentary time allows.

Let me turn to the Immigration (Biometric Information etc.) (Amendment) Regulations 2025. The use of biometric information, in the form of facial images and fingerprints, continues to play a crucial role in our immigration system by enabling us to check and confirm the identities and immigration status of foreign nationals coming to and living in the UK. The regulations form part of the Government’s commitment to harness the power of technology to deliver several significant improvements to our immigration and border system and support our transition to a digital passenger journey from application to arrival.

The regulations provide measures to support the transition away from physical biometric immigration documents towards digital immigration status in the form of an e-visa for everyone who applies for a visa to come to the UK, including visitors; the ability to retain biometric information from people who abscond from immigration bail and become uncontactable; changes to prevent abuse of the stateless person route; and a power to enrol biometrics from all people arriving at the border and retain that information for everyone who is not a British citizen.

The roll-out of e-visas started in 2018 as part of the EU settlement scheme and has been incrementally widened to other foreign nationals coming to and staying in the UK. As of 27 February 2025, over 4 million people have successfully created a UK Visas and Immigration account to access their e-visa up to the end of January, with many more creating an account every day. In November 2024, the Home Office stopped issuing biometric residence permits and intends to stop issuing passport vignettes, or stickers, later this year. Instead, people granted permission to come and stay in the UK need to create a UKVI account to access their e-visa, which they can use to prove their status and identity in the UK.

To ensure the integrity of the e-visa system, the regulations will also require e-visa holders to maintain accurate information about themselves, including by updating their facial image. That will ensure that employers and other organisations conduct accurate checks when establishing a person’s status and identity, which helps to prevent illegal working and identity-enabled criminality. That is because, while e-visas issued to people who are settled in the UK do not expire, we still need the person to periodically update their facial image, as with UK passports and photo driving licences, which are valid for up to 10 years. The person will need to be reminded to update their facial image ahead of needing to do so. For adults, the period of time will be similar to that for passports or UK driving licences.

We need to ensure that foreign nationals who are staying in our country comply with our rules. Therefore, to reflect the new digital status, we are introducing a new, but proportionate, sanction that may be imposed on a person who refuses to adhere to any requirements in the regulations to encourage compliance. If an e-visa holder fails to update their photo in the required time, the regulations allow us to prevent them from sharing their status for third-party checks until they comply with the regulations. That will reduce the need to impose more stringent existing sanctions, such as civil penalties or curtailing or varying their immigration permission. I stress that these sanctions will apply only to those who will not comply with our requirements, not to those who cannot.

We have taken lessons from the experiences of the Windrush generation and are committed to avoiding undue burdens being placed on elderly people. We will not require people aged over 70 to update their facial image or to create an account where they hold an expired biometric residence permit but will encourage them to do so for their convenience. The proposed regulations also enable us to extend the standard fingerprint retention period beyond 15 years for those who abscond from immigration bail and seek to avoid contact with the Home Office or the police.

Statelessness presents significant challenges, which we have managed through legal frameworks and international co-operation. The previous instrument enabled some people to avoid providing their biometrics for the purposes of the biometric immigration document without any consequences. This instrument closes that gap and ensures that anyone who applies to stay in the UK because they are stateless needs to enrol their biometric information as required, or face having their application disregarded or refused.

Moving to our plan to transform the UK border, we are looking to harness innovative technologies to improve how people move through the UK’s border. Biometric information is an effective way of establishing and verifying a person’s identity. We want to build upon existing identity verification capabilities to ensure that we are building a border that can withstand future pressures efficiently, while maintaining our border security. To achieve that, we need legislation that will enable us to enrol and retain the biometric information captured at the UK border. By retaining this data, we will have a record of up-to-date facial images to support a smoother passage through the border each time the person arrives in the UK.

The instrument ensures that robust action can be taken by Border Force officers against those non-British or non-Irish citizens who wish to consciously circumvent requirements to provide biometric information at the border, by allowing Border Force to refuse or cancel permission to enter the UK. We know that some of our Five Eyes partners, such as the USA and Australia, are developing automated border systems based on biometric information to improve passenger flow and maintain security. This instrument will allow us to keep pace.

The enhanced facial comparison capability provided through these regulations will also allow us to develop further new identity verification technologies. That includes trialling contactless travel at the UK border, which would enable a person to enter the UK without routinely producing their passport—something you might enjoy doing, Sir Roger—at the border, but without compromising our security. We aim to do that by using the information we have from our universal permission to travel, e-visa and electronic travel authorisation, coupled with advance passenger information, which will allow us to know more about who is travelling to the UK prior to their departure. That will enable us to conduct more checks prior to their arrival at the border. We will be able to match the facial image of a person arriving at the UK border with the biometric information we already hold from either their passport or immigration application. To reassure the Committee, these regulations do not change the requirement for all arrivals to the UK to travel on a valid passport.

Our future vision for the UK border is rightly ambitious. Equally, it is important that we proceed cautiously with any new technology introduced at the border. We must make sure that we get this right. That is why our first step will be to test contactless travel on British citizens only later this year. We will only move to further implementation if that is a success. I can also reassure the Committee that this instrument does not commit the Government to introduce any new technology; instead, it bolsters our ability to enrol and retain biometric information at the border and paves the way for trialling of contactless travel.

I realise that these are both somewhat technical areas. I thank Members for their consideration of our fees order, which will ensure that our migration and borders system is sustainably funded, and our biometrics regulations, which will help to facilitate our ambitious journey towards a biometrically enabled digital immigration system. I commend the order and the regulations to the Committee.

--- Later in debate ---

[Seema Malhotra]

I thank the shadow Ministers for their contributions, as well their overall support for the measures in these statutory instruments. They ensure the robustness, efficiency and security of our systems, while future-proofing them and keeping us in line with our competitors. I had an experience last year in Australia where I ended up walking straight through immigration without anyone checking my passport, and I had no idea what had happened. Having gone through, I was out the other side hunting for someone to give my documents to, but I then realised that I had come through an automated system, so my face must have passed the test.

That was an example of how we can both improve the customer experience and maintain our border security. Given the increasing number of visitors to our country that we expect in future from some of our forecasts, we want to ensure that people are not coming to our border and being held unnecessarily. We also want to ensure that we update both our technology and our systems, while being welcoming to those coming to Britain.

I want to respond to a few of the points that were raised. I recognise the point made by the shadow Minister, the hon. Member for Stockton West, about ensuring that we reduce abuse of our routes. He quoted from the Border Force’s 2025 strategy; that was written five years ago, so it will obviously need updating to be in line with future provisions. Some of its programmes began, but others were not quite seen through over the last five years for various reasons.

I think the broad direction of travel, as well as the importance of investment in the border, is recognised in all parts of the House. We want to ensure that we have advanced passenger information, which gives information on who may be coming ahead their arrival at the UK border. ETAs are all about trying to ensure that we stop those who might pose a risk from actually travelling to the UK in the first place. The shadow Minister is right to raise that issue, and we want to ensure that we are looking at a border transformation that continues to keep our country as safe as we can.

In my remarks, I outlined the four main areas involved in that: the transition away from physical documents; the retention of biometrics; the prevention of abuse; and the powers to enrol biometrics at the border. The transition away from physical documents was raised by the Liberal Democrat spokesperson, the hon. Member for Hazel Grove, and I want to respond to her point about supporting those who are vulnerable in that transition. When working on the e-visa process, we looked very closely at reducing any risks to those who are more vulnerable in the transition. It was also important to recognise the need for people to have something physical to show to demonstrate status, which is why we have allowed for the printing of an individual’s e-visa account. It does not mean that that is their e-visa account, but it means that they have something physical to refer to in subsequent discussions with the Home Office. It can be used as evidence of having an e-visa account. This is one of the challenges that came out of the Windrush scandal—how someone can prove what their status is and what their records are with the Government. It is important that people are able to prove their status and records.

That print-out can be kept, travelled with and used in discussions with the Home Office. It could be used as a supporting document if someone were to have issues coming back from travelling. If the carrier they were travelling was not calling the carrier hub or there were an issue with their electronic status, there would be a document they could have in their hand. I want to make sure that the message is out there that people will be able to use the document for that.

In relation to vulnerable persons, we recognise that the transition to e-visas has an impact on those who are more digitally excluded. That is why we continue to work closely with a range of stakeholders. Before Christmas I did an interview with Age UK, which shared the video on its Facebook page about how we meet stakeholders who are raising concerns with us to reassure them and explain the mitigations we have in place.

We provide a free assisted digital service for those who may be digitally excluded. We work collaboratively with a range of third-party stakeholders who are funded to provide support services to vulnerable customers with the most complex needs. Users can also contact UK Visas and Immigration’s resolution centre, which provides telephone and email support to those using the online immigration status services. The centre can assist users experiencing technical difficulties with their online immigration status. Where necessary, the resolution centre will enable an individual’s status to be verified through alternative means as well.

In addition, individuals can nominate a helper and give them limited access to their account. That is extremely important. Where a person is unable to manage their own affairs—due to age or disability, for example—they can appoint a proxy who can be authorised to create and manage the account on their behalf. With a digitalised system, we can send multiple notifications to remind people and their proxies what they are required to do. That is similar to when my sister was able to be a proxy for my mother for medical records; the same email that went to my mother also went to my sister, who could have a conversation with her about what it contained.

The changes in the instrument will ensure that the right legal framework is in place to support the ongoing transition to e-visas. We will not require people over the age of 70 to update their facial image or make them create an account if they hold an expired biometric residence permit, but we will encourage them to update it for their own convenience. We are looking at a range of methodologies to monitor the performance of the e-visa system. That includes reviewing feedback and complaints and having continued engagement with interested groups that represent vulnerable users. In fact, we do this on an ongoing basis. We will also monitor levels of usage.

Finally, on ETAs and tourism, it is important to note the research done on this. There has not been much evidence that fees increases to date have affected volumes on tourism routes. The assessment published alongside the fees order suggests that any increase to the fee within the limit set by the new maximum will be unlikely to have a significant impact on demand, estimating a 0.5% fall in ETA applications in a central cost scenario, and an impact on tourism of £42 million in the next financial year. It is worth saying that in the 11 or so years that the UK has had the electronic system for travel authorisation, there has actually been an increase in the number of visitors to the US.

I will just mention Northern Ireland, because it has been raised with me before in the House. We understand the concerns about the potential impact of ETAs on tourism in Northern Ireland. We have worked closely with the Northern Ireland Executive since the inception of the ETA policy, and we will continue to work with partners to understand the impact of ETAs in Northern Ireland. It is important that we are able to have those who are crossing the land border into Northern Ireland complete an ETA, and that we have a better understanding of all those who are seeking to come to the UK.

I will make a final comment on sponsorship. The hon. Member for Hazel Grove raised the question of health and care visas, and she will also understand, I am sure, that it is important that we provide all the support we can for those already in the UK who may be in between employers, so that they can be employed by services that are still looking to recruit from overseas. That is one reason why the Home Office has been working with the regional hubs and the Department of Health and Social Care on this, with £60 million of funding having gone into it. For those who have come here on health and care visas—for whatever reason, whether a sponsorship licence has been withdrawn, or there have been issues of abuse or poor conditions with their employer—we are more easily able to match them with areas and regions within the UK where there is recruitment happening. It is different in each region, but it is extremely important to make sure that the system works effectively. We continue to work with employers in all sectors to understand where there is demand and need for recruitment from abroad. That is a key area that we continue to keep under review with the Migration Advisory Committee, which is looking at where we have particular dependence on skilled worker recruitment from abroad, and what more we can do through the new systems we are putting in place to better predict demand and to upskill at home.

In conclusion, the changes in the order will ensure that our fees are set at a level that supports our fees and funding objectives. I emphasise again that these changes will not amend specific fees, and any future fee changes will be subject to approval by Parliament. Throughout the lifespan of the fees order, immigration fees will continue to be reviewed and updated where necessary, and all existing Government oversight arrangements will remain in place. The modernised immigration and border system will allow foreign nationals to view their status information in real time on digital platforms in the form of an e-visa, and update their details or documentation more readily. The regulations will simplify the process for gathering biometrics, standardise the way we use them and retain them, and allow us to take a significant step forward in delivering a border and immigration system that is a modern, digital service. As such, I commend the order and the regulations to the Committee.

Resolved,

That the Committee has considered the draft Immigration (Biometric Information etc.) (Amendment) Regulations 2025.

Draft Immigration and Nationality (Fees) (Amendment) Order 2025

Resolved,

That the Committee has considered the draft Immigration and Nationality (Fees) (Amendment) Order 2025.—(Seema Malhotra.)

eVisas

Seema Malhotra Excerpts

Thursday 27th February 2025 Written Statements

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

The Home Office is continuing to develop a border and immigration system that is more digital and streamlined, which includes the roll-out of digital evidence of immigration status, in the form of eVisas. eVisas bring significant benefits. They cannot be lost, stolen, or tampered with, unlike a physical document, and also increase the UK immigration system’s security and efficiency.

We are committed to ensuring a smooth transition to eVisas for all status holders. On 4 December we published the first eVisa statistics, showing the number of people who had created a UK Visas and Immigration account to access an eVisa. Since that time, we have continued to see steady take up of UKVI account creations and our outreach is continuing to ensure awareness of the transition for those who have not yet set up their UKVI account, to encourage them to do so as soon as possible. While the eVisa is created by the Home Office for each person to reflect their immigration status, creating a UKVI account offers a number of benefits, including people being able to update personal details and being able to view and share evidence of immigration status with third parties, such as an employer or a landlord.

Since the first eVisa statistics publication in December 2024, we have further analysed the eVisa data to provide additional quality assurance and enhance our understanding of who has not yet acted. Our analysis has shown that a number of people who opted to create a UKVI account during this period already had one in place as part of their visa application. While this should not usually present any issues for these individuals, it does mean that the published data includes a number of duplicate accounts. If people experience problems, they can contact the resolution centre using online webchat or by phone. In order to maintain consistency in the data, we are continuing to publish the total number of eVisa account creations, recognising that this contains duplicates. However, we are also clarifying our revised estimate of the numbers of immigration status holders who still need to take action and set up an account to access their eVisa.

We had previously estimated the number of biometric residence permit holders who needed to create an account to access their eVisa at over 4 million but have always been clear that this number is hard to establish accurately given the daily fluctuations in this data, with people’s leave expiring, people leaving the country before their leave expires or leave being cancelled or curtailed. Further analysis has shown that the overall number of people with a BRP was in fact lower than we had estimated, because of how duplicate BRP cards were handled in the data. We have also confirmed that some BRP holders who have not yet created a UKVI account had permission which expired during January 2025, and will either have left the UK already or will have the opportunity to create an account as part of their application for further permission (e.g. students making applications for graduate study.)

Today we have published the latest eVisa statistics on gov.uk which show that just over 4 million people have successfully created a UKVI account to access their eVisa up to the end of January 2025. We therefore now estimate that around 600,000 immigration status holders who need to take action to access their eVisa are currently still waiting to do so.

This means that a significant majority of the immigration status holders who needed to take action have done so, but we continue to encourage and support those who have not yet made the switch to follow suit. We are conducting further analysis of the data to inform our approach to reaching those yet to access their eVisa, and to help make their transition as smooth as possible.

We have also kept under review the use of BRPs and EU settlement scheme biometric residence cards which expire on or after 31 December 2024 but which were permitted for continued travel to the end of March 2025. In line with our ongoing commitment to ensure a smooth roll-out, we are announcing today that this measure will be extended for a further two months, up to and including 1 June 2025. We advise people with valid immigration permission, but with a BRP or EUSS BRC that expired on or after 31 December 2024, to carry the document when travelling up to and including the 1 June 2025. From the 2 June 2025, expired BRPs and EUSS BRCs will no longer be acceptable for evidencing immigration status when travelling to the UK. This measure relates to travel only.

We encourage people to ensure that they have checked that their current passport or travel document is linked to their eVisa before they travel internationally. If people no longer have a BRP or EUSS BRC, or were not issued with one, their permission to travel to the UK will be checked through other means. People may also wish to get a share code in advance of travel, which is valid for 90 days. This can be done by signing in to the view and prove service— https://www.gov.uk/view-prove-immigration-status —and choosing the option to prove their immigration status for “anything else”. They can then print, write down or store the share code to provide it when needed. Other people with valid, genuine, physical proof of immigration status can continue to use these documents to evidence permission to travel to the UK. Carriers can also contact the 24/7 UK Border Force carrier support hub if needed.

We highly value the input and perspectives from stakeholders operating in this space or representing visa users, recognising their diverse experience and insights are essential to shaping the successful roll-out of a new digital border and we would like to pay tribute to those stakeholders who continue to work with the Home Office to provide valuable feedback. Their assistance has already played a pivotal role in shaping our approach, ensuring the visa system is responsive to the communities it serves.

We hope this announcement demonstrates the importance the Government place on ensuring a seamless shift to eVisas. We remain committed to an open dialogue and fostering collaboration to ensure sustainable and equitable outcomes for all. Finally, we will continue to engage with stakeholders, to help identify areas for continuous improvement and implement changes that enhance fairness, efficiency, and a beneficial experience for users.

[HCWS482]

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]