Oral Answers to Questions

Debate between Stephen Timms and Kevin Foster

Monday 28th February 2022 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

14. If she will take steps to resolve the immigration status of overseas students who have been falsely accused of cheating in English language tests.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

As I said recently in the House in response to an urgent question, the Home Office is awaiting the findings of the upper tribunal presidential panel, who are currently considering the case known as RK/DK, which we hope will bring further clarity to the ETS TOEIC issue. Once we have received and digested the judgment we will announce our next steps.

[Stephen Timms]

After 2014, over 30,000 overseas students lost their visas, accused of cheating in English language tests. It is now clear that the great majority of those students were entirely innocent. It is now over 12 months since the Home Secretary rightly told the Home Affairs Committee:

“We need to find a resolution”.

Why wait for the outcome of the court case? There is no need to delay. Why not now bring forward the resolution the Home Secretary has rightly promised?

[Kevin Foster]

Given that the judgment is believed to be fairly imminent, it makes eminent sense to wait for it and then announce our next steps fully taking into account what it says and what it concludes. As the right hon. Gentleman will be aware, given the passage of time we have already amended our guidance to make it clear that where a person’s right to a private and family life in the UK is relevant, the interception of a previous TOEIC test is not an invariable ground for refusal if they make an immigration application.

TOEIC English Language Tests

Debate between Stephen Timms and Kevin Foster

Wednesday 9th February 2022 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

(Urgent Question): To ask the Home Secretary to make a statement about reports of failings in the test of English for international communication, or TOEIC, language tests in 2012.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

I am aware that BBC “Newsnight” is tonight examining the Home Office’s response to systemic fraud that took place in the teaching of English international communication exams prior to 2014. In 2014, the BBC’s “Panorama” programme uncovered examples of organised fraud on a significant scale taking place during TOEIC exams, as they are known, which were at the time required under immigration rules for student and other visas. The Home Office’s subsequent investigation into the abuse of English language testing revealed systemic cheating that was indicative of significant organised fraud. Ministers and Parliament were clear at the time that they expected a robust and speedy response. As such, the Government took a number of steps to fix the broken student visa system that operated before 2014 and to prevent such abuse from happening again.

The actions taken included stopping more than 1,000 colleges bringing bogus or low-quality students into the country who intended to work, not study. Given the scale of the fraud, it is impossible to say that nobody was wrongly affected and a number of appeals have succeeded. However, we continue to believe that there was a large-scale problem with cheating, as the BBC uncovered. Individuals affected have always had the right to challenge Home Office decisions through appeal or judicial review. Many have done that and it is important to note that the courts, up to the Court of Appeal, have consistently found that the evidence of invalid cases was enough for the Home Office to take the action it did.

However, as the Home Secretary set out to the Home Affairs Committee on 2 February and as the right hon. Member for East Ham (Stephen Timms) will be aware, the upper tribunal presidential panel is currently considering the case known RK/DK, which involves many of the issues raised by the BBC in relation to ETS TOIEC. The determination in that case will have a critical bearing on the Home Office’s future approach to ETS TOIEC-related cases, so it would be inappropriate to comment directly on the BBC’s findings ahead of that determination. I can confirm, though, that we will announce the next steps once we have received and considered the judgment.

[Stephen Timms]

In 2011, the Home Office gave a licence to the US firm ETS to operate its TOIEC English language test to establish whether overseas students could speak English well enough to study in the UK. Nearly 60,000 students took the test over three years but, as the Minister said, in 2014 “Panorama” exposed cheating at a number of TOIEC test centres and the ETS licence was withdrawn.

In response, ETS promised to analyse its recordings of all the students who had taken the test. Having done that, ETS told the Home Office later in 2014 that 96.5% of the students had either definitely or probably cheated. The Home Office seems to have failed to ask even the most basic questions about that absurd claim, now discredited, and it went ahead and cancelled the visas of more than 30,000 students. Contrary to what the Minister said, no appeal was available other than for students to go back to their home countries and then appeal, but in reality there was no provision there to make an appeal. Thousands of innocent students had their futures destroyed.

This morning, the original “Panorama” team has reported that ETS knew about the cheating well before the “Panorama” programme but did nothing because it wanted to keep the revenue. The BBC has also reported that the Home Office was told in 2012 by ETS whistleblowers but, instead of cancelling the licence then, allowed ETS to carry on for another two years. Thousands of innocent students were dragged into disaster as a result. Home Office failings have wrecked the lives of thousands of innocent people.

The Home Secretary told the Home Affairs Committee a year ago that too many people had been hurt and that a resolution was needed, but there has been no progress since. Will the Minister now come forward with a straightforward mechanism, as promised by the previous Home Secretary two and half years ago, to enable innocent students to clear their names and rebuild their lives?

[Kevin Foster]

As I have already touched on, I will not be commenting more widely on some of the matters that are currently sub judice, but I point out again that the scale of cheating exposed at the time was endemic. It is a rather bizarre argument that we should have gone earlier and harder on this issue. I made it clear in my statement that the courts up to the Court of Appeal have consistently found that there was enough evidence of invalid cases for the Home Office to take the action it took.

As I pointed out, there are opportunities for appeals. Those who have been here for some time may well be able to make claims based on their private life or human rights claims that would allow them to secure status in this country.

At the core of all this is the need to reflect on what has happened over the past 10 years in respect of what was previously the tier 4 route and is now the student route. We have reformed a system that was wide open to abuse and that brought the name of our education sector into disrepute. We have created a new system, particularly in respect of the new student visa, that works for students and education providers and, crucially, in respect of the Home Office balancing the need for compliance with the wish to facilitate the ambitions of hundreds of thousands of people who wish to study at our world-leading institutions. The student visa system is a world away from where it was in the past.

Finally, I should point out that 20 people have been convicted for their role in the systemic and organised cheating in English tests. That speaks strongly to the actions we took. As I said, there continues to be a process through the courts for those who wish to challenge the decision in their own cases. As the right hon. Gentleman knows, we encourage the courts to make a determination if there is an allegation of dishonesty in relation to TOIEC. As I said, when the final judgment comes from the panel, we will respond more fully.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Stephen Timms and Kevin Foster

Report stage & Report stage: House of Commons
Tuesday 30th June 2020 Commons Chamber

[Kevin Foster]

I very much welcome my hon. Friend’s comments. Certainly, the Government look forward to working with him and my right hon. Friend the Member for Haltemprice and Howden, because this is an area where we want to see better outcomes for everyone—a better outcome for those who end up in the immigration system, and a better outcome for the taxpayer and the public as well.

Moving on to new clause 2, I welcome the opportunity to speak about the important issue of how we best protect the rights of vulnerable children in care and care leavers. Since the full launch of the EU settlement scheme in March last year, we have had agreements and plans in place with local authorities to ensure that relevant children and care leavers receive the support they need in securing their UK immigration status under the scheme. Local authorities and, in Northern Ireland, health and social care trusts are responsible for making an application under the EU settlement scheme on behalf of an eligible looked-after child for whom they have parental responsibility by way of a court order. Their responsibility in other cases to signpost the scheme and support applications has also been agreed.

The Home Office has implemented a range of support services to ensure local authorities and health and social care trusts can access help and advice when they need it. This has involved engaging extensively with relevant stakeholders such as the Department for Education, the Local Government Association, the Ministry of Justice, the Association of Directors of Children’s Services and equivalents in the devolved Administrations. Guidance has been issued to local authorities regarding their role and their responsibilities for making or supporting applications under the scheme.

The Home Office will be conducting a further survey of local authorities across the UK shortly, as part of the support we are offering to them with this important work. This survey will ask local authorities to provide the assurance that they have so far identified all relevant cases. We will share relevant data from the survey with the EU settlement scheme vulnerability user group, comprising experts from the local authority and voluntary sectors, to help it to discuss progress in this important area and to focus our efforts in supporting local authorities with this work.

To be clear, new clause 2 does not facilitate applications to the EU settlement scheme but proposes a declaratory system under which those covered automatically acquire UK immigration status. This would cause confusion and potential difficulties for these vulnerable young people in future years, with their having no evidence of their lawful status here. They will need evidence of their status when they come to seek employment or access the benefits and services that they are actually entitled to access. This is not something we can allow to happen. However, to reassure hon. Members, the withdrawal agreements oblige us to accept late applications indefinitely where there are reasonable grounds for missing the deadline. This and other rights under the agreements now have direct effect in UK law via the European Union (Withdrawal Agreement) Act 2020, so this commitment is already effectively enshrined in primary legislation.

We have therefore repeatedly made it clear that where a person eligible for status under this scheme has reasonable grounds for missing the deadline, they will be given a further opportunity to apply—to give a specific example, where a parent, guardian or local authority does not apply on behalf of a child. This will ensure that individuals who missed the deadline through no fault of their own can still obtain lawful status in the United Kingdom. I am happy to underline this commitment at the Dispatch Box where children in care and care leavers are concerned, and this is not just for a five-year period, as suggested in this new clause.

Some Members have spoken about the Government’s “no recourse to public funds” policy during the covid-19 pandemic, and there are some new clauses relating to this. Let us make it clear that a range of safeguards are in place to ensure that vulnerable migrants who are destitute or at imminent risk of destitution and have community care needs, including issues relating to human rights or the wellbeing of children, can receive support.

We recognise and are immensely grateful for the contributions made by so many migrants, especially during the recent pandemic. We have provided more than £3.2 billion of additional funding in England and further funding in the devolved Administrations to support local authorities to deliver their services, including helping the most vulnerable. We have also made it more straightforward for those here on the basis of family life or human rights to apply to have the “no recourse to public funds” condition lifted, with change of condition decisions being prioritised and dealt with compassionately.

It is worth noting that those with no recourse to public funds have also been able to benefit from the coronavirus job retention scheme, the self-employed income support scheme and other measures introduced by the Government, such as protections for renters and mortgage holidays.

[Stephen Timms]

Will the Minister give way?

[Kevin Foster]

I will not be able to; I just do not have the time.

Moving to new clause 29, I have listened carefully, and I assure all Members that the Government are committed to the principle of family reunion and supporting vulnerable children, as set out in a letter I sent to all Members of Parliament this morning. We recognise that families can become separated because of the nature of conflict and persecution and the speed and manner in which people are often forced to flee their country. However, new clause 29 does not recognise the current routes available for reuniting families or the negotiations we are pursuing with the EU on new reciprocal arrangements for the family reunion of unaccompanied asylum-seeking children in either the UK or the EU, as set out in the draft legal text.

Deportation Flight to Jamaica

Debate between Stephen Timms and Kevin Foster

Monday 10th February 2020 Commons Chamber

[Kevin Foster]

I thank my hon. Friend for that point, and I think many people across many constituencies will be stunned by the attitude that some Labour Members are taking today.

[Stephen Timms (East Ham) (Lab)]

Will the Minister confirm that 50 people are booked on the flight to Jamaica tomorrow, and will he tell us how many of those have been in the UK since childhood?

[Kevin Foster]

I will not get into individual cases or numbers, but I am clear that all those due for deportation meet the legal threshold supported by the House in 2007.

Budget Resolutions and Economic Situation

Debate between Stephen Timms and Kevin Foster

Thursday 9th July 2015 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

The hon. Gentleman makes an interesting point, and many Labour Members agree with him on this issue. However, if one area agrees to extended opening, as many no doubt would, is not the reality that the neighbouring areas will have to do so as well, so the devolution issue is a bit of a red herring?

[Kevin Foster]

I would not necessarily agree with the right hon. Gentleman. There were issues involving local licensing authorities, going back to before the reforms that were brought in a decade ago, which meant that some authorities would permit later closing than others. That had worked for some years. There might be a challenge for local planning authorities, however, in that if slightly later opening were permitted, there could be pressure for development on the edge of their area to get around restrictions in neighbouring communities. I understand the difference that the proposals would make for consumers. At the moment, we all know that large supermarkets tend to open between 10 o’clock and 4 o’clock on Sundays, although some of them exploit the ability to have browsing time beforehand.

This is a positive Budget. It is one that we can take pride in, and it will take the country forward. It is notable that it has been based on policies that were agreed and supported by the electorate. The policies were endorsed by 51 of the 55 MPs in the south-west, and I am pleased to be able to support them today.