Immigration Rules: Paragraph 322(5)

Stephen Timms Excerpts

Wednesday 13th June 2018 Westminster Hall

[Alison Thewliss]

I thank the hon. Gentleman for that intervention. I had cause to meet his constituent, and I was so concerned about his situation that I wrote to the Cabinet Secretary for Health and Sport in Scotland to ensure that all GP practices in Scotland understand that they cannot just take people off their lists in such circumstances. Certainly, women who are eight months pregnant need medical care and should not lose it due to Home Office errors.

[Stephen Timms (East Ham) (Lab)]

Will the hon. Lady give way?

[Alison Thewliss]

If the right hon. Gentleman lets me make a wee bit of progress, I will appreciate it.

It seems extremely odd to me that HMRC could be satisfied, but that the Home Office should treat the same behaviour as akin to deception at best and terrorism at worst. If I, the Minister or anybody in the Chamber made a legitimate, in-time correction to our tax return our lives would not be turned upside down—as the hon. Member for Strangford (Jim Shannon) said—and we would not have the threat of removal hanging over our heads. It is said that half a million British citizens amend their tax records every year within the one-year grace period that HMRC allows. Others, of course, do it outside that period. None of those people is treated as a criminal under paragraph 322(5). The only reason highly skilled migrants are treated in that way is their nationality. As far as I am concerned, that is discrimination under article 8.

In one case that was reported to the press, an individual who had come to the UK via the tier 1 route went through this process. He presented a letter from his accountant detailing that the error was the accountant’s fault, and a letter from HMRC explaining that it was satisfied that the individual was not acting dishonestly, but the Home Office refused to exercise any discretion or change its original decision. In another case, after an individual’s tax information was scrutinised by three different appeal courts, no evidence of irregularities was found. The individual’s lawyer noted that the Home Office had made a basic accounting error by confusing his gross income with his net income.

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[Stephen Timms (East Ham) (Lab)]

I, too, congratulate the hon. Member for Glasgow Central (Alison Thewliss) on all her work on this issue and on her speech.

A large group of my constituents are affected in exactly the same way as others, but let me first say this. I was a Minister with tax responsibilities on four separate occasions. It is an important principle of our tax system that, once a mistake has been identified and any additional tax due has been paid, the authorities do not come back with further recriminations unless new information subsequently comes to light. It has to be like that, otherwise there would not be an incentive for people to own up to mistakes and pay the additional tax due.

In the cases we are talking about, people have owned up to mistakes, tax has been paid and HMRC has been completely satisfied, but the Home Office has come back, sometimes years later, with recriminations—it has not just demanded more money but destroyed people’s livelihoods and, in a number of cases, broken up families—in a way that is wholly wrong and unfair. Like others, I have met many people in that situation.

My hon. Friend the Member for Birmingham, Yardley (Jess Phillips) referred to the Health Secretary, who failed to do what he should have done. As she said, he made what he described as an “honest administrative mistake” and received no sanction. I do not complain about the fact that there was no sanction, but we cannot have one rule for Cabinet Ministers and affluent people, and a completely different rule for our constituents. That is not the way things are done in Britain, and the Home Office cannot be allowed to behave in that way. People’s lives are literally being destroyed because they made honest administrative mistakes that have long since been rectified.

For far too many, the Home Office’s hostile environment has become an oppressive nightmare. This must end, and we need the Minister to take action today to start to put things right.