No Recourse to Public Funds

Debate between Stephen Timms and Caroline Nokes

Thursday 8th October 2020 Westminster Hall

[Caroline Nokes (in the Chair)]

I would like to remind hon. Members that there have been some changes to normal practice in order to support the new call list system and to ensure that social distancing can be respected. Members should sanitise their microphones before they use them, and please respect the one-way system around the room as you leave. Members should speak only from the horseshoe, and they can speak only if they are on the call list. This applies even if debates are undersubscribed. Members cannot join the debate if they are not on the call list. Members are not expected to remain for the wind-ups. I remind hon. Members that there is less of an expectation that they stay for the next two speeches once they have spoken; this is to help manage attendance in the room. Members may wish to stay beyond their speech, but they should be aware that doing so might prevent Members in seats in the Public Gallery—there are none there today, so fret not on that front—from moving to a seat on the horseshoe.

[Stephen Timms (East Ham) (Lab)]

I beg to move,

That this House has considered No Recourse to Public Funds.

I begin by thanking the Backbench Business Committee for facilitating the debate in our first week back in Westminster Hall. It is great to be back, and it is very good to see you in the chair, Ms Nokes. I am very pleased to see the Members who have come to take part in the debate, and I am pleased to see the Minister in his place as well. I particularly want to thank the hon. Members for Ruislip, Northwood and Pinner (David Simmonds) and for Glasgow South West (Chris Stephens) for their help in applying for the debate.

In a Liaison Committee hearing on 27 May, I told the Prime Minister about a couple in my constituency. Both of them work and they have two children, both born in the UK and holding British passports. The husband’s employer did not put him on the job retention scheme, so he had no income. His wife was still working, but her income was less than their rent. They have leave to remain in the UK but no recourse to public funds, so they could not get any help at all—a hard-working, law- abiding family being forced into destitution. I explained that to the Prime Minister, and he responded:

“Clearly people who have worked hard for this country, who live and work here, should have support of one kind or another”.

In my view, the Prime Minister is absolutely right: they should have support of some kind. Unfortunately, however, the Prime Minister’s view is not the policy of the Government.

--- Later in debate ---

[Stephen Timms]

My hon. Friend is absolutely right. Any London MP who has done an advice surgery in the recent past would be very familiar with this issue. Under the “no recourse to public funds” policy, the family I spoke of and thousands of others were getting no help at all.

Last Friday I visited the Deptford warehouse of the remarkable charity FareShare, which gathers surplus food from farms and supermarkets and distributes it to food banks and other charities. Before the pandemic, they were sending 1 tonne of food to my borough, Newham, every week. Now, they are sending 20 tonnes every week. Around a third of that increase, from 1 tonne to 20, is about no recourse to public funds. A large number of hard-working, law-abiding families have no income, cannot afford to buy food and are therefore dependent on those charities.

I am full of admiration for all the organisations in our borough that have risen to the enormous challenge, including Bonny Downs Baptist church, Bonny Downs community association, City chapel, Ibrahim mosque in Plaistow, Mana Park Christian centre, Highway Vineyard church, Newham Community Project, the Magpie Project and Alternatives Trust East London—all of them supported extremely ably by Andy Gold and the Newham public health team.

Some people in Government have done the right thing. The Ministry of Housing, Communities and Local Government agreed at the start to accommodate street homeless people at public expense on public health grounds, although it is being reported now that they are starting to receive eviction notices. The Department for Education agreed that children in families with no recourse to public funds would be eligible for free school meals, contrary to previous policy. That has been a lifeline, especially since, thanks to Marcus Rashford, those families received meal vouchers for their children throughout the summer holiday. I commend that Department for doing the right thing.

The Home Office, however, has not done the right thing. The Home Affairs Committee and the Work and Pensions Committee, which I chair, both unanimously called for the no recourse to public funds restriction to be suspended for the duration of the pandemic, but the Home Office has not budged. It insists that families must be facing destitution before they can apply for an exemption from the restriction. Previously, families had to be actually destitute, rather than facing destitution. A Court of Appeal case about an eight-year-old boy who had been sleeping rough because of the “no recourse to public funds” policy forced the Home Office, greatly against its wishes, to make the policy less draconian than it previously was, although it remains pretty draconian. Those who apply for an exemption have to wait for a month on average for the Home Office to get around to granting it. I spoke to a family that the Home Office had kept waiting for four months. The whole set-up is a disgrace.

In May, the Prime Minister said to me:

“I will find out how many there are in that position”.

That was a helpful offer. Unfortunately, he has not been able to keep that promise because the Home Office will not tell him. There is extraordinary unwillingness on the part of the Home Office to answer straightforward parliamentary questions on no recourse to public funds. I always thought, perhaps naively, that Departments have an obligation to answer straightforward parliamentary questions. That is clearly not the Home Office view.

The Home Office says that it does not know how many people have leave to remain with no recourse to public funds. I understand that it does not know how many people have left the country after having that condition attached to their status. Hon. Members might think that the Home Office could produce an estimate, but it is not willing to do so. Fortunately, others have. Based on work by the Migration Observatory at the University of Oxford, Citizens Advice recently estimated that 1.4 million people in the UK have leave to remain but no recourse to public funds, including families and 175,000 children.

Of course, the Home Office does know how many people it applies no recourse to public funds to each year. I asked a series of questions before summer about that, but the Minister refused to provide a substantive answer to any of them. His colleague, the Immigration Minister, answered a whole series of questions with a single meaningless answer. On 20 May, I asked:

“how many people were given leave to remain in the UK subject to the no recourse to public funds condition in 2019.”

I asked for a number. On 2 June, the Minister’s colleague replied:

“The information you have requested is not assured to the standard required by ONS for publication and as it would be too costly to do so, we are unable to provide it.”

In other words, “We’re not interested in answering your question.”

I complained about that answer to the UK Statistics Authority, and it upheld my complaint. The correspondence is on its website. The Home Office head of statistics responded on 3 July. His letter accepted that that answer was inadequate, and he said that the reason that it was inadequate because no statistician had cleared it. Well, I suppose that clears the statisticians of guilt, but the Immigration Minister saw it and put his name to it. How on earth was he prepared to put his name to such a hopeless answer to a straightforward parliamentary question?

I say this to the Minister: Ministers have constitutional responsibilities to Parliament. It is not good enough for a Minister of the Crown to sign off a completely hopeless answer like that simply because—I don’t know—somebody answering to Dominic Cummings has instructed him to do so. Ministers in the Home Office need to start fulfilling their responsibilities and providing answers to straightforward questions.

The letter from the Home Office head of statistics said they could not answer how many people were given leave to remain in the UK subject to NRPF in 2019, because

“Home Office administrative data only captures information on whether visas are subject to NRPF conditions for in-country extensions.”

I have since asked twice in how many in-country extensions in 2019 people were given leave to remain with no recourse to public funds. From the head of statistics who had the information, answer came there none.

In response to the Windrush scandal, the Home Office has just published its comprehensive improvement plan. Theme number four of five is openness to scrutiny— that will be the day. Can we at least dare to hope that Home Office Ministers might at least stop refusing to answer basic, straightforward parliamentary questions? On how many people were in such a situation, the Prime Minister eventually said that the Home Secretary would write to the Liaison Committee with an answer. She did so but provided no useful information. As such, I am grateful to the Chair of the Liaison Committee, the hon. Member for Harwich and North Essex (Sir Bernard Jenkin), for writing the Home Secretary a letter yesterday, also signed by myself as Chair of the Select Committee on Work and Pensions, the Chair of the Select Committee on Home Affairs, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and the Chair of the Public Accounts Committee, my hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier), who I am delighted to see in her place this afternoon. In it, we asked to meet the Home Secretary to discuss her failure to provide basic information that the Home Office head of statistics has confirmed the Department holds, but that for some completely unknown reason Ministers are unwilling to provide. Not having the data means not being able to evaluate the policy. That is, as the Windrush lessons learned review pointed out, a large part of the problem of why the Windrush scandal occurred. Now, we are heading down exactly the same tracks with this.

I will make two final points. Among 1.4 million or so people with leave to remain but no recourse to public funds is a large group of overseas students. Many among them were working to support themselves through their studies. The pandemic has ended their work, or their families back home have also been affected by the pandemic, so support from them has dried up. People from overseas studying in the UK do not expect to claim benefits. However, I do not believe it is in Britain’s long-term interests to force into utter destitution such a large number of those who have chosen Britain of all the countries they could have chosen in which to study, often investing their family life savings to do so. Certainly, we need the universities to be flexible and supportive to students struggling to pay fees in this academic year. We want those students to be friends of Britain for life in their own countries. The way we support or fail to support them now will be key. At the moment, we are giving them no support at all.

The Government line over the past six months has been that no recourse to public funds is okay because people could apply to the job retention scheme or the self-employed income support scheme. Of course, millions of UK citizens have been ineligible for those two schemes, which is why 3 million people have had to apply for universal credit in the past six months. People with no recourse to public funds are barred from doing that. There is no safety net for them at all. It is true, though, that some with no recourse to public funds have been supported by one of the Government pandemic schemes. In fact, the family I told the Prime Minister about in May was eventually able to benefit from the job retention scheme. However, those schemes finish at the end of this month. A whole new cohort of working people will have no job, and if no recourse to public funds is attached to their immigration status, there will be no safety net for those hard-working, law-abiding families. Banned from universal credit, foodbanks will be their only option to survive. If they do find work, they cannot claim the £500 track and trace support payment, so if they get covid they will be forced to carry on working and will be a risk to public health.

Now, more than ever, the Government need to deliver what the Prime Minister said. Those hard-working, law-abiding families who have been contributing to the UK should have support of one kind or another. Suspend no recourse to public funds.

[Caroline Nokes (in the Chair)]

I am not proposing a formal time limit, but you all have the beauty of a published call list, so you will know that a number of speakers want to speak. If Members could stick to about six minutes that would be appreciated.

TOEIC: Overseas Students

Debate between Stephen Timms and Caroline Nokes

Wednesday 24th July 2019 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department if he will announce his decisions on the cases of overseas students falsely accused of cheating in ETS TOEIC—test of English for international communication—English language tests.

[The Minister for Immigration (Caroline Nokes)]

Five years ago, “Panorama” uncovered the shocking scale of fraud within the English language testing system. ETS, the company that ran the centres, analysed all the tests taken in the UK between 2011 and 2014—more than 58,000 in all. It identified more than 33,000 invalid results where, in its view, there was direct evidence that somebody had cheated, and a further 22,000 were considered questionable because of irregularities. This fraud was serious and systematic, and 25 people who were involved have been convicted and sentenced to more than 70 years in prison. Further criminal investigations are ongoing, with a further 14 due in court next month. These crimes did not happen in isolation. The student visa system we inherited in 2010 was wide open to abuse. The National Audit Office found that as many as 50,000 people may have fraudulently entered the UK to work using the tier 4 student route in 2009-10 alone.

Following the revelations, the Home Office took prompt action against some of those who were found to have cheated, and that action was endorsed by the courts. Those whose results were questionable were offered the chance to resit the test. Despite this, there are understandable concerns that some people who did not cheat might have been caught up, and that some have found it hard to challenge the accusations against them. So earlier this year my right hon. Friend the Home Secretary commissioned advice from officials. Yesterday he lodged a written ministerial statement updating the House on our next steps. He announced that the Department would change existing guidance to ensure that the belief that a deception had taken place was balanced against other factors, which would normally lead to leave being granted, especially where children are involved.

Furthermore, we will ensure that no further action is taken in cases where there is no evidence that an ETS certificate was used in an immigration application. We will also drop the automatic requirement to interview those linked to a questionable certificate. We continue to look at other options, including whether there is a need for those who feel they have been wronged to be able to ask for their case to be reviewed. It is right that we show concern for those who have chosen to study or make a life in this country, but we cannot allow our concern to undermine the action we must take to tackle what was a widespread criminal fraud. We will keep the House fully informed as our response to this issue develops.

[Stephen Timms]

By 2017, more than 35,000 refusal, curtailment and removal decisions had been made in ETS alleged cheating cases. Thousands of those accused and denied visas remain in the UK protesting their innocence. The Home Secretary, who I am delighted to see in his place, told the House three months ago:

“We had a further meeting to make some final decisions just last week”.—[Official Report, 1 April 2019; Vol. 657, c. 799.]

However, there has still been no announcement. He said on Monday last week:

“I am planning to come to the House with a statement to say much more before the summer recess.”—[Official Report, 15 July 2019; Vol. 663, c. 586.]

He has come to the House today, but we have not heard that statement. Thousands of students who have been falsely accused now face grave hardship and need this to be resolved urgently.

ETS’s records are confused, incomplete and often plain wrong. The professor of digital forensics at Birmingham City University told the all-party parliamentary group on TOEIC last month that it was

“unsafe for anyone to rely upon computer files created by ETS…as a sole means of making a decision”,

but those files are the only basis for the cheating allegations. Appeals were not allowed in the UK, but a growing number have convinced a court that they did not cheat. Immigration judge Lucas, dismissing the Home Office’s case of TOEIC cheating against one of my constituents, wrote last month that

“the reality is that there is no specific evidence in relation to this Appellant at all.”

This is a grave injustice that must be brought to an end.

At the Home Affairs Committee on Monday, the Home Secretary suggested a new reconsideration system for TOEIC cases, although yesterday’s inadequate written statement did not even go as far as that. Does the Minister envisage a reconsideration system for those wrongly accused? When will it be set up? How will it operate? When will full details of it be announced? Would it not be better and easier just to allow students to take another secure English language test, and if they pass, to allow them to regain their visa status?

[Caroline Nokes]

I commend the right hon. Gentleman for his diligence in pursuing this issue. He certainly brought it to my attention very early on in my tenure as Immigration Minister. It is important to reflect on the fact that the courts have said, in separate cases, that the evidence was enough to take the action that we did and that people had cheated for a variety of reasons. My right hon. Friend the Home Secretary did indeed publish a written ministerial statement yesterday, which gave an indication of the changes so far, but it is important that we continue to work on the issue and find a mechanism to allow people, where necessary, to have some form of review. Unfortunately, I cannot set things out in the detail that the right hon. Gentleman has requested at this time, but I reassure him that I am conscious that we have a new Prime Minister and, should I remain in this post, I will seek to raise the TOEIC issue with him as a matter of urgency, because it is important that we work as a Government to ensure that we find a mechanism for redress for the few cases in which a wrong decision may have been made.

Overseas Students: English Language Tests

Debate between Stephen Timms and Caroline Nokes

Tuesday 30th April 2019 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department if he will make a statement on his review of the cases of overseas students falsely accused of cheating in Test of English for International Communication English language tests.

[The Minister for Immigration (Caroline Nokes)]

Test centres operated on behalf of the Educational Testing Service were the subject of a BBC “Panorama” programme in February 2014 that aired footage of the systematic cheating in English language tests at a number of its UK test centres. Further investigation demonstrated just how widespread this was, and the scale is shown by the fact that 25 people involved in organising and facilitating language test fraud have received criminal convictions. They have been sentenced to a total of over 70 years’ imprisonment, and further criminal investigations are ongoing.

There was also a strong link to wider abuse of the student visa route. A National Audit Office report in 2012 made it clear that abuse of that route was rife and estimated that in 2009—its first year of operation—up to 50,000 people used the tier 4 student route to work, not study. Most students who were linked to this fraud were sponsored by private colleges, many of which the Home Office had significant concerns about before the BBC investigation. Indeed, 400 colleges that had sponsored students linked to the ETS had already had their licences revoked before 2014.

Over the course of 2014, the ETS systematically analysed all tests taken in the UK dating back to 2011—more than 58,000 tests. Analysis of the test results identified 33,725 invalid results and 22,694 questionable results. Those with questionable results were given the chance to re-sit a test or attend an interview before any action was taken. People who used invalid ETS certificates to obtain immigration leave have had action taken against them.

The courts have consistently found that the evidence for invalid cases created a reasonable suspicion of fraud and was enough for the Home Office to act upon. It is then up to individuals to refute this, either through appeals or judicial reviews. Despite this, concerns have been expressed about whether innocent people could have been caught up in this. The Home Secretary has listened to the apprehensions of some Members, including the right hon. Member for East Ham (Stephen Timms), and has asked officials for further advice. The National Audit Office is also currently in the process of concluding an investigation into the handling of these issues, and this is expected to be published next month. Obviously, the Home Secretary has taken a close interest in the issue and will be reviewing the conclusions of the National Audit Office, and he will make a statement to the House once he has had time to consider the matter in full.

[Stephen Timms]

I thank the Minister for her answer, and I am pleased to see the Home Secretary in his place. I congratulate him on achieving one year in his role today. On his first day in the post, I asked him to take a careful look at this issue, and he said that he would. On 1 April this year, I asked him for an update. He said:

“We had a further meeting to make some final decisions just last week, and I will be in touch with him shortly.”—[Official Report, 1 April 2019; Vol. 657, c. 799.]

But in the month since, nothing has been announced. Many students face desperate hardship and need urgently to know the decision, because their future depends on it.

As the Minister said, the Home Office cancelled the visas of those who ETS claimed, from its analysis, had definitely cheated. The claim by ETS that almost 97% of those who sat their test had cheated seems completely implausible, but we will let that pass. Colleges had to expel those who had their visas cancelled. By the end of 2016, there had been more than 35,870 refusal, curtailment and removal decisions in ETS cases and more than 4,600 removals and departures. One estimate is that at least 2,000 of those denied visas are still in the UK.

In-country appeals were not allowed, but some have got cases to court. A growing number have convinced the courts that they did not cheat. One showed that he never actually took a TOEIC test, yet he had his visa cancelled because it was alleged that he had cheated in one. It has proved extraordinarily hard for students to obtain from ETS the recordings said to be of them taking the test. One computer expert told the Appeal Court that ETS’s evidence is worthless. The Appeal Court has criticised the Home Office’s evidence and said in 2017 that it was unlawful to force students to leave the country in order to appeal. Many of those affected speak excellent English so had no motive at all to pay someone else to take the test for them.

Thrown off their courses and denied any refund of their fees, the students cannot study or work. Some invested their families’ life savings to obtain a British degree. The savings have gone. They have no qualification and no income. They depend on kindly friends but say they could not endure the shame of going home with nothing, having apparently been convicted of cheating in the UK. Understandably, mental health problems are rife. Does the Minister agree that those who lost their visas on TOEIC grounds but remain in the UK should have the opportunity to sit a new test and, if they pass, obtain a visa in order to complete their studies and clear their names?

[Caroline Nokes]

I thank the right hon. Gentleman for his question. I will return at the outset to the comments I made about the National Audit Office report, which is expected to be published next month. The Home Office has been working closely with the NAO to provide information and evidence, and it is right that the Home Secretary has the opportunity to reflect on the report, consider its findings and come back to the House with a statement.

The right hon. Gentleman spoke about the court cases that have happened. Under the appeals framework, which is set by Parliament, and the Immigration Act 2014, there are no in-country appeals in the student route, through which these visas were issued, but the Home Office is taking a pragmatic approach. It is important to reflect that we are talking about fraud perpetrated back in 2014, and many people who have ongoing ETS litigation will potentially now have the right to bring a human rights claim. If they are refused under the human rights route, they will then generally have an in-country right of appeal.

There were an enormous number of cases where fraud was found, and matching showed that a number of individuals had taken repeat tests on behalf of thousands of people. There was a criminal trial at the start of this month, which saw a further five convictions. While I appreciate the strongly held beliefs of the right hon. Gentleman, it is important that we reflect that this was fraud on an industrial scale, and we should react responsibly.

Draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019

Debate between Stephen Timms and Caroline Nokes

Monday 18th March 2019 General Committees

[Caroline Nokes]

I fear that I will not make a speech-ette, but there will certainly be no ploughing on regardless either. I am grateful for the Committee’s contributions to the debate and I will address some of the issues raised.

The hon. Member for Manchester, Gorton asked why we are not using the immigration Bill for these provisions. Of course, these provisions are very much in preparation for no deal, which is an eventuality that I do not want. The Government continue to work hard to secure a deal, but unless alternative arrangements are made, it is the default legal option. As he pointed out, the immigration Bill has just completed its Committee stage in the Commons and, to be frank, we do not expect it to have Royal Assent by 29 March, which is when these measures might be needed.

The use of secondary legislation and the immigration rules, as the hon. Gentleman mentioned, is a long-established method that we have used to make changes to the immigration system. Under those well-established procedures, such changes are still subject to proper parliamentary oversight and debate, including through Committees such as this. The hon. Gentleman will know, as we discussed at the Committee stage of the immigration Bill, that the Law Commission is currently conducting a public consultation on the simplification of the immigration rules, commissioned by the Government. We look forward to receiving its response and considering its report in due course. As he knows, I am on record as having said that such simplification is much needed.

The right hon. Member for East Ham and the shadow Minister mentioned the Dublin III regulation, which is arguably the most significant regulation revoked by this instrument. As Members will be aware, the Dublin regulation contains rules for establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in a member state by a third-country national or a stateless person, and the legal framework for returning asylum seekers to, and accepting them from, the EU. This instrument ensures that the statute book will continue to function effectively for asylum in a no-deal scenario and provide transitional arrangements. Should the UK leave the EU with no deal, those Dublin requests relating to family reunification that are still pending resolution will continue to be considered under existing provisions. That would apply to any take-charge requests that we have received before exit.

[Stephen Timms]

I am grateful to the Minister for that reassurance that applications that are already in the system will continue to go forward. However, given that the Government have committed to seeking to extend the Dublin III arrangements for good if we get a deal, should this SI not provide for us to continue those arrangements in the event of no deal as well? I cannot think of any reason why leaving the EU without a deal should prove disadvantageous to families seeking reunion under the existing asylum arrangements.

Immigration: Pausing the Hostile Environment

Debate between Stephen Timms and Caroline Nokes

Thursday 12th July 2018 Commons Chamber

[Caroline Nokes]

The compliant environment provides some important policies that enable us to distinguish between those who are here legally and those who are not. As I said in response to an earlier question, this was something that commenced many years ago, under a different Government, and it is absolutely right that we should be able to check that those who are accessing benefits and services have the right to do so.

[Stephen Timms (East Ham) (Lab)]

In 2014-15, more than 40,000 overseas students lost their leave to remain in the UK because an American testing firm alleged that they had cheated in their English language test. Many of them were plunged into great hardship. It is now becoming clear that a significant proportion of those allegations were without foundation. Will the Minister now offer those students who, remarkably, have managed to stay here, a large group of whom were in the House yesterday, a new secure English test to establish fairly whether they can now resume their studies?

[Caroline Nokes]

I thank the right hon. Gentleman for that question. It is, of course, an issue that we are considering very carefully.

Jobcentre Plus Offices: Closure

Debate between Stephen Timms and Caroline Nokes

Monday 30th January 2017 Commons Chamber

[Caroline Nokes]

I reassure my hon. Friend that the DWP is doing exactly that. Outreach is an important part of our suite of products to enable claimants to be get back into work. We will continue to look at the best ways to deliver that in the best locations across the country.

[Stephen Timms (East Ham) (Lab)]

Closure of the last jobcentre in my constituency will require those who sign on fortnightly to pay an extra £6 a month in bus fares to get to a more distant jobcentre. Can the Minister reassure me that Jobcentre Plus will reimburse claimants with those additional costs?

[Caroline Nokes]

Where claimants are required to sign on more frequently than fortnightly we will look to reimburse costs, but I remind the right hon. Gentleman that across London the claimant count is down 24.6% since 2010. There are fewer people claiming and we are trying to work with them more intensively.