Refugee Family Reunion Routes: Sudan

Debate between Stuart C McDonald and Robert Jenrick

Wednesday 29th November 2023 Commons Chamber

[The Minister for Immigration (Robert Jenrick)]

I thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for securing this Adjournment debate. We share his deep concern about the situation in Sudan and all those affected by it, including those seeking refugee status in the United Kingdom or other safe countries. The Government remain committed to upholding the principle of family reunion by providing a safe and legal route to bring families together through the refugee family reunion policy.

The family reunion route allows individuals with protection status in the UK to sponsor their partner or children to stay with or join them here, provided they formed part of a family unit before the sponsor fled their country of origin to seek protection. While we sympathise greatly with the situation in which many individuals in Sudan find themselves, we do not intend to prioritise refugee family reunion applications from those impacted by the Sudanese conflict, as there are many other individuals in the queue who will be facing broadly comparable situations elsewhere in the world. We want to treat all individuals facing such situations in the same manner and ensure that, where appropriate, they can be supported to a life in the UK in accordance with our rules.

[Stuart C. McDonald]

I would not necessarily say that people seeking to come here from Sudan because they are in danger there should be prioritised ahead of others who face similar risks elsewhere—a point that the Minister fairly makes—but does the Home Office make any consideration or assessment of risk at all? There are people who apply for refugee family reunion, quite rightly and fairly, who do not face any imminent risk because they are in a relatively safe third country. Surely the fact that people are facing real danger is an added reason to give priority to their family reunion applications. That should be something that the Department considers.

[Robert Jenrick]

The hon. Gentleman makes a valid point, which I am happy to take up with my officials. Our policy is one of non-discrimination, so individuals are treated equally, regardless of their country of origin. Obviously, there are a number of places in the world with great danger and we do not choose to rank them in order of priority. However, I can see some merit in what he is saying, so I am happy to give that consideration.

It is important to note that the UK has a very strong record of supporting refugees. Since 2015, we have resettled over half a million people seeking safety, which is among the most generous offerings in our country’s history. The UK ranks highly among other developed countries in that regard. We continue to welcome refugees through our existing global resettlement schemes, including the UK resettlement scheme itself, community sponsorship and the mandate resettlement scheme. Since 2015, we have issued 49,000 family reunion visas to family members of those with protection status, with over half of those visas for children. That figure demonstrates our commitment to refugee family reunion.

We have welcomed Sudanese nationals through both our UK resettlement scheme and the community sponsorship scheme in 2022 and 2023. Between 2015 and 2023, 6,500 Sudanese nationals have been granted visas under refugee family reunion. In the year to September 2023, 618 Sudanese nationals were granted visas under refugee family reunion. The UK is making a significant commitment, although of course the need is very great, as the hon. Gentleman says, due to the situation in Sudan.

We will continue to consider our approach to refugee family reunion in the round rather than on a crisis-by-crisis basis. The UK has no plan at the moment to introduce a designated resettlement scheme for Sudanese refugees. As a general rule, it is important that the UK does not treat migration as the first lever that we pull to try to help people in grave situations in the world.

Generally speaking, the greatest impact that the UK can make, whether that is in Sudan or in other crisis situations, is by using our full diplomatic muscle and our development aid to support people in the region, which is, in fact, the place where the majority of refugees find themselves. Indeed, that happens with respect to the Sudanese situation, where hundreds of thousands of individuals are being supported by the United Nations High Commissioner for Refugees and other organisations in the immediate environs of Sudan. The UK is proud to be supporting those efforts to help those individuals.

I wish to turn more specifically to some of the very valid questions that the hon. Gentleman raised. First, he raised the question of those fleeing conflict zones who find it difficult to provide documents for family reunion purposes. We recognise that this is a challenge for those fleeing their homes and their home countries. Although the onus is on the applicant to show that the relationship is genuine, there are no specific requirements to provide certain types of evidence. We recognise that documentary evidence may not always be available, particularly in countries where there is no functioning administrative authority to issue a passport, a marriage certificate, or a birth certificate. Decision makers should take into consideration evidence from a range of sources, including information provided by their UK family sponsor. Each decision is considered on the balance of probabilities to identify whether there is sufficient evidence to prove that the individuals are related as claimed.

It is important to prevent abuse of the refugee family reunion policy and to safeguard applicants by carefully reviewing their applications where fraudulent documents are submitted, or where there is evidence that the sponsor obtained leave by deception.

With more specific regard to the situation in Sudan, the hon. Gentleman is right to say that the visa application centre in Khartoum is closed until further notice. As a result, any passports remaining there are having to be held in secure storage. We are committed to doing everything we can to support people who find themselves affected by that closure and to reopen the centre as soon as it is safe to do so for our staff and their contractors. There are other visa application centres in the wider vicinity of Sudan. I appreciate that the distances are long, and that the journeys can be arduous and, at times, unsafe. We do have visa centres in Cairo and Jeddah, and many people have made use of those in the time since the crisis began.

[Stuart C. McDonald]

Even among the cases that I spoke about, one or two individuals had made it into a neighbouring country—unfortunately one had made it to South Sudan where there is also not a visa application centre—but surely, particularly in the case of children, it is too much to ask them to make a dangerous journey such as that to supply biometric information. There should be some sort of presumption against the need to provide biometric information, or at least a willingness to consider deferring it before the Home Office even looks at the application.

[Robert Jenrick]

In most cases, unfortunately, individuals will have to make a journey to leave Sudan, as it is very unlikely that they will fly directly from Sudan. Most of the cases that I have been made aware of as Immigration Minister are of individuals who have made the journey to Cairo or to Jeddah or other neighbouring countries.

[Stuart C. McDonald]

rose—

[Robert Jenrick]

Before I give way to the hon. Gentleman, I will reply directly on the biometrics point, which is an important question. Fundamentally, we believe that biometrics are extremely important, because we want to protect the UK’s national security and the safety of our citizens here. Although, of course, we all want to see the best in individuals coming here, particularly in young people and children, there are individuals whom we would not want to enter the United Kingdom. As such, biometrics, in the form of facial image and fingerprints, underpin our immigration system. However, we make exceptions for individuals who find themselves in the most difficult situations.

We published guidance in May 2023, which sets out our approach to handling applicants who claim that it is unsafe to travel from Sudan to a visa application centre in another country to enrol their biometrics—he referred to that situation in his speech. The guidance sets out the circumstances under which UK Visas and Immigration will either predetermine an application or defer the requirement to enrol biometric information until the applicant arrives in the UK, when the applicant has demonstrated their circumstances to be exceptional. In most cases, we require biometrics to be taken as part of the application so that we can conduct the checks on a person’s identity and suitability to come to the UK. It is ultimately the responsibility of the applicant to satisfy the decision maker about their identity.

I hope that the hon. Gentleman can take some comfort from the fact that the guidance gives that flexibility. I hear that he feels that it is being applied too onerously and in a way that is insufficiently sensitive to the situation in Sudan. I am happy to take that away, speak to my officials and, if he has further examples, to put those in front of them so that we can make sure that the guidance is being applied fairly.

[Stuart C. McDonald]

I am grateful that the Minister is open to having a discussion about this issue. He is right that, ultimately, all these kids will probably have to leave for a neighbouring country for onward travel. However, it is one thing to ask them to leave in the certainty that they will be allowed into the United Kingdom; it is another to ask them to leave and provide biometric information on the off-chance that they might be allowed in at some future point.

One compromise might be to consider the family reunion application without the biometric information; if it is granted, then tell them to come to a neighbouring country and provide the biometric information there. Will the Minister take that away and think about it?

[Robert Jenrick]

I will be happy to look into that and come back to the hon. Gentleman. We both agree that biometrics are important. We want to ensure that they are compromised only in the most exceptional circumstances so that we can protect national security, but it is important that we show a degree of discretion when people—young people, in particular—find themselves in the hardest of situations. I will be happy to look into the issue and write to him.

The hon. Gentleman also mentioned processing time for family reunion applications, and I want to address that directly. In general, UKVI is operating well and is meeting its service standards in all, or almost all, visa categories, but there are delays with respect to family reunion—a point that he and other Members have raised in the past. We acknowledge the need to dedicate more resource to support the safe and legal routes and are reviewing processes to streamline decision making to make it more efficient for applicants.

We recognise that the family members of those with protection status in the UK are particularly vulnerable. When the out-of-country decision making team receives a request for prioritisation from an applicant or their representative, that will be assessed to determine whether the application should be prioritised. As I said in answer to the hon. Gentleman’s previous comment, we do not prioritise in a blanket way because of nationality, but we do give priority to cases involving particularly vulnerable individuals.

Examples of grounds for prioritisation may include applicants or sponsors who have serious medical conditions or terminal illnesses. The list of grounds for prioritisation is non-exhaustive; managers undertake a holistic consideration of the applicant’s circumstances when considering a request for prioritisation. The hon. Gentleman also asked about the cost of refugee family reunion. It is free—no fee it levied, although he did raise some of the allied costs that go with it. We make sure that the route is free for obvious reasons.

The hon. Gentleman also asked about child sponsors. The family reunion policy is intended to allow those granted protection status in the UK to sponsor, pre-flight, immediate family members to join them here. We must avoid creating an incentive for people, particularly children, to leave their families and risk very dangerous journeys, hoping that relatives will be able to join them later. We do, unfortunately, come across examples of that, including through the small boats route, which is among the most perilous of journeys that a child could make.

There are other provisions in the immigration rules that cater for extended family members and, where a valid application does not meet the criteria within our rules, including child sponsors, we consider whether there are compelling compassionate factors that warrant a granting outside the rules. We believe that were children allowed to sponsor parents, that would create a real risk of an incentive for more children to be encouraged, or even forced, to leave their family and risk very hazardous journeys to the UK. That plays into the hands of criminal gangs that exploit vulnerable people, and goes against all our safeguarding responsibilities and instincts. Our policy is not designed to keep child refugees apart from their parents, but in considering any policy we have to think carefully about the wider impact to avoid putting more people unnecessarily into harm’s way.

Finally, I will answer the broader question about refugee resettlement. We have a proud record as a country, having offered half a million people a safe and legal route into the UK. We understand that the scale of disruption and situations around the world mean that so many people find themselves in grave need. Our approach has to be considered very carefully, but we want to continue to work with international organisations, such as the ones that the hon. Member referenced. We have a good relationship with the United Nations High Commissioner for Refugees through our global resettlement scheme, and earlier in the year, through the Illegal Migration Act 2023, we legislated so that we can introduce further schemes in the future.

I recently launched a consultation in which we asked every local authority in the whole of the United Kingdom to give us their capacity to take refugees on such schemes over the course of the year to come. That consultation is open and I encourage the hon. Member to talk to his local authority and see whether it is taking part in it. We will carefully consider the responses, and if they suggest that there is further capacity across the UK, that will lead us either to extend existing schemes or to create new ones so that the UK can play an even greater and more generous role in the years ahead in helping more people from places such as Sudan to come to the UK.

I thank the hon. Member for securing the debate, and all our colleagues tonight who have listened or contributed. I fully understand the interest in the subject, given the great concern that everyone feels about the situation in Sudan. I hope that I have set out our record and the work that we are doing, and given him some assurances that he and I can work closely together to learn from his experiences, and his evident sincere concern about the issue, to ensure that the scheme is operating as well as it can.

Question put and agreed to.

Illegal Migration Bill

Debate between Stuart C McDonald and Robert Jenrick

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Robert Jenrick]

I am grateful for those points. Social workers will clearly be at the heart of all this work, as they are today. Every setting in which young people are housed by the Home Office, whether it be an unaccompanied asylum-seeking children hotel, which we mentioned earlier, or another facility, has a strong contingent of qualified social workers who support those young people. I am certain that social workers will be at the heart of developing the policy and then, in time, operationalising it.

Their lordships have attempted but failed to smooth the rough edges of their wrecking amendments on legal proceedings, but we need be in no doubt that they are still wrecking amendments. They would tie every removal up in knots and never-ending legal proceedings. It is still the case that Lords amendment 1B would incorporate the various conventions listed in the amendment into our domestic law. An amendment shoehorned into the Bill is not the right place to make such a significant constitutional change. It is therefore right that we continue to reject it.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Will the Minister give way?

[Robert Jenrick]

I will not, because I need to close my remarks; this is a short debate.

Lords amendment 9B continues to undermine a core component of the Bill: that asylum and relevant human rights claims are declared inadmissible. The Lords amendment would simply encourage illegal migrants to game the system and drag things out for as long as possible, in the hope that they would become eligible for asylum here.

Lords amendment 23B brings us back to the issue of the removal of LGBT people to certain countries. The Government are a strong defender of LGBT rights across the globe. There is no question of sending a national of one of the countries listed in the amendment back to their home country if they fear persecution based on their sexuality. The Bill is equally clear that if an LGBT person were to be issued with a removal notice to a country where they fear persecution on such grounds, or indeed on any other grounds, they could make a serious harm suspensive claim and they would not be removed—

--- Later in debate ---

[Robert Jenrick]

With the leave of the House, let me say a few words to close this short debate.

As I said at the outset, when we met and voted 18 times last week, we supported the Bill time and again. In each of those 18 votes, we in this democratically elected Chamber voted to stop the boats, secure our borders and enable this important Bill to move forward. Now is the time for the other place, which is, at its heart, as a number of colleagues have said—

[Stuart C. McDonald]

Will the Minister give way?

[Robert Jenrick]

I will not—we have heard from the hon. Gentleman a number of times.

The other place is ultimately a revising Chamber, and it is now time for it to support the Bill. Today’s debate has, like some of the others, been short on new arguments and completely short of any credible alternative. I go back to the arguments made in the other place by many distinguished Members of that House and former Members of this House, most notably the noble Lord Clarke, who said clearly that he was not able, having listened to the debate for hour after hour, to discern a single credible alternative to the Government’s plan. It is incumbent on those who want to vote against the Bill to bring forward alternatives, but we have not heard a single one.

I used to say that Labour Members do not have a plan to stop the boats, but that is not true. They do have a plan, but it is one that is so dangerously naive that it is a recipe for even more crossings and even greater misery. They would create a massive pull factor by giving economic migrants crossing the channel from a safe place such as France the ability to work sooner. They would attempt to grant their way out of the problem and sacrifice the remaining integrity of the system. They would create bespoke country-specific routes for every instance of instability in the world, which would impose more and more pressures on local communities.

Is it not the most telling fact in this debate that today, in the shadow Immigration Minister’s own town of Aberavon, there is not a single asylum seeker? If Members want more asylum seekers, they should have the honesty to have them in their own constituency. From the letters I receive from Labour MPs, I assume that they would house asylum seekers even more expensively than we do today, with no regard to the taxpayer. I am not clear how they would remove illegal migrants when their own leader, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), campaigned to close an immigration removal centre, tens of Labour MPs have opposed the reopening of two other centres, and the Labour party’s own membership recently voted to abolish them altogether.

The fact is that as its Members vote against the Bill today, Labour’s message to the law-abiding people of this country—from Stoke to Blackpool to Peterborough—when it comes to illegal migration is quite simply “Put up with it.” Its message to the British families who have to wait longer for social housing or GP appointments is “Tough luck”, and its message to the hard-working taxpayer faced with the ever-rising costs of the system is “Cough up.” It is only the Conservative party that can see the fundamental injustice of illegal migration—that it ultimately affects the poorest people in society the most—and has the determination to fix it. That is why the Bill is so important, and it is why the Lords now need to back it.

Question put, That this House disagrees with Lords amendments 1B, 7B and 90D.

Illegal Migration Bill

Debate between Stuart C McDonald and Robert Jenrick

Consideration of Lords amendments
Tuesday 11th July 2023 Commons Chamber

[Robert Jenrick]

I would be pleased to meet my hon. Friend, as I have in the past. She knows that I have met local authority leaders in Kent on a number of occasions. I want to do everything I can to support them. Historically, they have borne a high burden as a result of their location adjacent to the points of entry, and that has placed some public services in Kent under a great deal of pressure. In the past 12 months, we have created the national scheme to ensure that unaccompanied children are moved across the country and that all local authorities play an equitable part in supporting them. We have also provided substantial financial incentives to local authorities to help them play their fair part.

I appreciate that nothing is ever as simple as that. Developing further capacity with local authority children’s homes or foster carers takes time, but I hope that the measures we have put in place will make a noticeable difference. Prior to the recent seasonal increase in individuals crossing the channel, we had successfully managed to clear all the UASC—unaccompanied asylum-seeking children—hotels that the Home Office had utilised, and I hope we can keep reliance upon them to an absolute minimum this summer and autumn.

In the case of unaccompanied children, the change I have just described will apply where an unaccompanied child is detained for the purpose of removal, and it aligns with the eight-day period for making a suspensive claim. That approach will ensure that we can continue to detain a person whom we suspect to be an adult, but who claims to be a child, pending the outcome of an age assessment.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It is important for the Chamber to note that this is not really a concession; it is not even a time limit on the detention of children. It is the ability to apply for bail, as I understand it, after eight days. The person has to be aware of their rights and have access to the ability to challenge detention. It also applies only to a small cohort of children; the vast majority of children detained under the Bill will not have access to this process at all.

[Robert Jenrick]

Respectfully, the hon. Gentleman has misunderstood what we are proposing. If a child who is a genuine child and not subject to age assessment arrives unaccompanied in the United Kingdom, they will be swiftly processed. They will then be sent out into the local authority care system as quickly as possible, until they turn 18. We will seek to remove unaccompanied children in two circumstances, as I set out when we last debated this in the House. The first is where we, the Home Office, manage to reunite them with parents in other countries, as we do in a small number of cases today. The second is where we, the Home Office, manage to return them to their home country, which is a safe country, and in most cases into the care of social services immediately upon arrival. Again, that happens already in a small number of cases. There is no intention to change present practice. We are taking the power to detain, if required, a young person in that situation for up to eight days, housed in age-appropriate accommodation to enable us to make that removal effective.

--- Later in debate ---

[Robert Jenrick]

My right hon. Friend is right. We take age assessment extremely seriously. As he knows, there are some young adults and individuals who abuse the system. Indeed, some are not so young—as I understand it, the oldest individual we have encountered who posed as a child was subsequently found to be 41 years of age. That is wrong as a matter of principle, and it is also a serious safeguarding risk to genuine children and all the caring people who are involved in supporting them, whether they be foster carers, teachers or members of the general public. We therefore have to take the issue seriously. That is why the Bill retains the power to detain an individual who is subject to age assessment for up to 28 days. During that period, the Home Office or local authorities would conduct age assessment. Today, that is done through the Merton system, which is proving to take longer than we would like, but which we want to be conducted within 28 days.

We are now taking advantage of the powers taken through the Nationality and Borders Act 2022 to begin to roll out scientific forms of age assessment. That will happen over the course of this year. Initially, it will happen concurrently with the Merton assessment. We want to ensure that that system is demonstrated to be robust and as swift as possible. I hope that hon. Members on both sides of the House will unite in common agreement that it is important that we weed out cases of abuse, because they pose such a risk. I am afraid that we have seen some very tragic instances such as the murder that occurred in Bournemouth at the behest of somebody who had posed as a child. The state has to do everything in its power to prevent that from happening again.

[Stuart C. McDonald]

Will the Minister give way?

[Robert Jenrick]

If I may make some more progress, I will happily come to the hon. Gentleman later. I want to conclude the point that I was making to my right hon. Friend the Member for Chelmsford (Vicky Ford) on the detention periods and standard of accommodation, because that is important. I assure her, and indeed my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who has also taken an interest in the issue, that we will seek to detain unaccompanied children for the shortest possible period. Where there is no dispute that someone is under 18, they will be transferred to the local authority accommodation estate as quickly as possible. Where there is doubt about whether a person is indeed under 18 as they claim to be, they will be treated as a child while an age assessment is undertaken. Such a person will be detained in age-appropriate accommodation, as the law already provides. That is set out in the Detention Centre Rules 2001 made under section 153 of the Immigration and Asylum Act 1999. Rule 11 provides that:

“Detained persons aged under 18 and families will be provided with accommodation suitable to their needs.”

If no such accommodation is available, they will not be detained and instead will be transferred to a local authority as soon as possible. I hope that provides my right hon. Friend with the assurance she seeks.

Illegal Migration Update

Debate between Stuart C McDonald and Robert Jenrick

Wednesday 29th March 2023 Commons Chamber

[Robert Jenrick]

I share my hon. Friend’s desire to close that hotel as soon as possible; I know how hard he has been representing his constituents in that regard. Today is the critical first step. Once we have the sites up and running, a combination of new arrivals and those currently in hotels will be moved on to those sites, and the backlog clearance will of course free up places in hotels and enable us to close them, but the fundamental point is that the only sustainable answer is to stop the boats coming in the first place.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

What assessment has the Department made of the increased risk of self-harm, and indeed suicide, among vulnerable asylum seekers placed in precisely the type of institutional accommodation for which the Minister is advocating today? Has the policy been subject to a risk assessment—perhaps even one that MPs are allowed to see?

[Robert Jenrick]

We of course take the wellbeing of the illegal immigrants—the residents of these new sites—seriously. I think they will be better cared for in this bespoke accommodation than in an ad hoc network of hotels that have been taken in emergency circumstances. The new sites will be run by well-trained individuals and have their own healthcare facilities, and we will be able to have Home Office personnel on site to process their claims swiftly so that they can either be granted asylum, remain in the UK and begin to pay taxes and make a contribution to our country, or be removed.

Illegal Migration Bill

Debate between Stuart C McDonald and Robert Jenrick

Committee stage
Monday 27th March 2023 Commons Chamber

[Robert Jenrick]

I will not give way to the hon. Lady.

I do not want to detain the Committee for too long, so let me turn to the key points that have been raised tonight. First, with respect to the powerful speeches from my hon. Friend the Member for Devizes (Danny Kruger), my right hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke), my hon. Friend the Member for Stone (Sir William Cash), my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) and others relating to the important question of injunctive relief, rule 39, and how we as a sovereign Parliament handle ourselves and ensure that we secure our borders, I thank my right hon. and hon. Friends for their contributions and I recognise the positive intention of the amendments they have tabled. I am keen to give them an undertaking that I will engage with them and other colleagues who are interested in these points ahead of Report.

We are united in our determination that the Bill will be robust, that it will be able to survive the kind of egregious and vexatious legal challenges we have seen in the past, and that it will enable us to do the job and remove illegal immigrants to safe third countries such as Rwanda. I would add that the Bill has been carefully drafted in collaboration with some of the finest legal minds, and we do believe that it enables us to do the job while complying with our international law obligations. However, we are going to engage closely with colleagues and ensure that the final Bill meets the requirements of all those on our side of the Chamber.

[Stuart C. McDonald]

rose—

Immigration Fees for Healthcare Workers

Debate between Stuart C McDonald and Robert Jenrick

Monday 30th January 2023 Westminster Hall

[Robert Jenrick]

The hon. Gentleman makes an emotive point, but the reality is that we must fund our immigration and borders system somehow. We can either do that through general taxation, the fees that we levy through all the points of entry into the UK and our visa system, or we can find it through other means undetermined. We have chosen to do a combination of general taxation and the fees that we charge for our visas and immigration services. That is right, because we do not want to put further unsustainable pressure on the general taxpayer.

In a moment, I will come to the specific support that we have provided to health and social care workers, and how that sets them apart from almost all other recipients of our system. We have to fund this substantial cost one way or another, and it is right that a significant proportion comes from those who benefit from it. It is also important that we fund it appropriately, because it is in all our interests that the system operates efficiently. We have seen in recent years—as we have been in the long shadow of covid—how challenging it is when we are not processing visas and immigration applications appropriately. We also see every day how important it is to have a safe and secure border and a well-resourced Border Force and Immigration Enforcement system.

[Stuart C. McDonald]

At the crux of the matter are the figures produced by the Petition Committee’s survey, which suggested that significant numbers are deciding not to apply for ILR—that healthcare workers and others are putting off applications. Is that a problem that the Home Office recognises? If not, on what basis is it refusing to recognise that as a problem? If it does recognise that as a problem, surely it has to think again about the fee and its implications.

[Robert Jenrick]

I will come to that point in a moment, because I would like to answer it directly. We have given it careful thought and responded to it in recent years.

The petition rightly notes that the Government have taken significant measures to ensure that health and care staff are supported. Those measures have included automatically extending visas at no cost, refunding fees to those who have already paid to extend their visa, and a bereavement scheme that allowed relevant family members of NHS care workers who passed away as a result of contracting covid-19 to be granted ILR free of charge. As with any other visa or immigration product, we also provide a route for those in exceptional circumstances who cannot meet the costs.

Further to that, the Government introduced the health and care visa itself—the subject of the debate—back in August 2020, and extended the commitment in January 2021. It is a successful visa route in its own terms. The most recently published statistics say that 61,414 visa applications were made, which account for around half of all skilled worker visa applications to the UK in that period. The package of support we have built up since we introduced the route has made it substantially quicker and easier for eligible people working in health and social care to come to the UK with their families and, in time, to extend their leave.

The Home Office has worked closely with the Department of Health and Social Care to ensure that this support is as flexible as it can be. In my previous role—by happy coincidence—as the Health Minister responsible for the recruitment of nurses, care workers and clinicians to the NHS, I saw that at first hand when we met representatives of organisations from the UK and other countries with whom we were transacting. On that point, I would simply say that we take seriously our responsibility to avoid depleting of those individuals countries with most need of healthcare professionals, and have focused our efforts on countries that are able—where we can verify that—to export trained individuals to the UK.

A previous debate, which has been referenced, on barriers to the visa process focused particularly on GPs and smaller GP practices, which might struggle to navigate the system. My officials have followed up on these issues and are now working with the Department of Health, the BMA and others to explore whether there is demand for and practicality in pursuing an umbrella route for that area of the health service.

The application fee for a health and care visa is significantly cheaper than for wider skilled worker routes, with a visa for up to three years costing £247 and one for more than three years costing £479 for both the main applicant and their dependants. That amounts to around a 50% reduction on the equivalent skilled worker fees. There is also no requirement to pay the immigration health surcharge. The subject of dependants was raised earlier; the same reduced fee and faster processing times apply for dependants of health and social care visa holders, and dependants have access to all the other benefits as well. The offer was further improved when we added care workers to the list of eligible occupations in February 2022, based on a recommendation from the Migration Advisory Committee. I refer hon. Members to the delivery plan for recovering urgent and emergency care services, which was published today, and the work that the Home Secretary and I have been doing with the Health Secretary to deliver that.

The hon. Member for Gower referenced those who have sadly left the country in part because they could not afford the fees for ILR, which the hon. Member for Delyn restated in his intervention. When we introduced the points-based system, we removed the limit on time that an individual could spend on the skilled worker route. Under the old system, a person needed to be able to apply for settlement after six years, or they had to leave the UK. Under the current system, if a person is unable to apply for settlement for any reason—including, potentially, that they cannot afford to apply—they have the option to continue being sponsored until they are able to meet the requirements for settlement. There is absolutely no reason why an individual should feel compelled to leave the UK if they are not yet able, for whatever reason, to begin an ILR application.

[Robert Jenrick]

Although I appreciate the hon. Gentleman’s point, I do think it is an important to clarify that no one listening to or reading this debate should feel that they will need to leave the UK at any point; they can continue to remain here for as long as they are able to be sponsored, and should demand for health and social care services remain as high as it is today, it is very likely that they will be able to do so. However, I appreciate the wider point that those who come here for a sustained period of time and feel committed to the United Kingdom will want to progress to indefinite leave to remain and, indeed, citizenship. We in this Government and, I think, Members across the House do not take a passive view of ILR or citizenship; we want to encourage people to ultimately commit to the UK to the extent that they choose to become permanent residents and, indeed, citizens.

The proposal to waive fees for ILR, which is the substance of the debate, would clearly have a significant impact on the funding of the migration and borders system. As I said, we have in recent months been able to negotiate funding from the Treasury for a significant reduction in the initial visa fee, but any further reduction in income would have to be reconciled with additional taxpayer funding, reductions in funding for public services such as the NHS, or increases in other visa fees. Therefore, as much as one would want to do so, I am afraid that it would be very challenging for the Government to progress that proposal.

[Stuart C. McDonald]

The hon. Member for Delyn (Rob Roberts) made a very valid point: we have to look at the wider picture. As I mentioned, £3 billion is being spent on bank nurses to backfill vacancies, so by losing some money from the Home Office budget, we could be saving money for the NHS. We should not just look at this in isolation. There should be a cross-Government review of the implications for taxpayers.

[Robert Jenrick]

It was for that reason that we took the decision to apply a 50% discount to the initial visa fee, taking into account the broader benefits for the public sector and the taxpayer of bringing more people into the country through a faster, simpler route. I have not seen evidence that individuals are leaving the country because they cannot access ILR at the present time, but if the hon. Gentleman has research suggesting there is a material issue, I strongly encourage him to bring it to my attention or that of the Department of Health and Social Care.

EU Settlement Scheme

Debate between Stuart C McDonald and Robert Jenrick

Friday 20th January 2023 Commons Chamber

[The Minister for Immigration (Robert Jenrick)]

I am grateful to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for securing the debate, and for the constructive way in which he posed his series of questions to me and to my Department.

First and foremost, it is important to recognise that the EU settlement scheme has been a significant success, as indeed the hon. Member did. We have gone above and beyond our obligations under the withdrawal agreement, and other separation agreements, to protect the rights of EEA and Swiss citizens and their family members, and to give them a route towards settlement in the UK. As a result, I am pleased to say that through the scheme, which is the UK’s largest ever immigration scheme, we have delivered more than 6 million grants of status.

Let me now answer the specific questions that the hon. Member raised on behalf of those involved in this process. With regard to the so-called pre-settled status, we take our obligations on citizens’ rights very seriously, and have implemented the arrangements that we agreed in the withdrawal agreement in good faith, but it is true that the Independent Monitoring Authority has challenged the Government’s requirement for those with pre-settled status to apply for settled status in order to maintain rights under the withdrawal agreement. The High Court found against the Government in its judgment at the end of last year. We do not agree with the Court’s interpretation of the withdrawal agreement, and we are considering whether to appeal against its judgment. It therefore would not be appropriate for me to comment further at this stage, but as soon as we reach a decision on how to proceed, I shall be happy to update the hon. Member and others on both sides of the House. In the meantime, while the first grants of settled status will not expire until August this year, pre-settled status holders are encouraged to apply for settled status as soon as they are eligible, and as of the end of September last year, nearly 438,000 people had done just that.

With regard to the volume of applications and the time it is taking to process them, according to the latest published statistics, as of the end of September last year we had received nearly 6.9 million applications, of which 6.7 million had been concluded. Of those whose applications were concluded, 90% were granted status, with 50% granted settled status and 40% pre-settled status. The remaining 10% received other outcomes, with 6% of cases refused. The remainder were either invalid or, indeed, withdrawn.

The hon. Member asked what happens to individuals who are not successful in the process. They are then irregular migrants and either have to regularise their status or leave the country in the usual way.

As of the end of September 2022, a decision was pending on approximately 188,000 applications, about 3% of the total received. Over half of those were less than three months old, so I think it fair to say that the system is operating well, but of course with any system on such a scale, some cases will take longer than they should. Applications take longer to process if they are incomplete or require the applicant to furnish more information before a decision can be made. Where applications have been pending for long periods, in the majority of cases this is a result of suitability or criminality concerns.

Approximately 1,500 Home Office staff continue to work on the scheme, including 300 staff in the resolution centre that exists to provide applicants with reassurance and assistance and answer their questions about the scheme. I hope that that gives a sense of the scale of the operation that we run at the Home Office and the effort that the Government are making to deliver the scheme as expeditiously and as fairly as possible.

The hon. Member asked about late applications. Although the deadline for applications was 30 June 2021, the Government have rightly chosen to operate a pragmatic approach. We have continued to encourage those who are eligible to apply as quickly as possible. This has been set out in very clear, non-exhaustive published guidance since 2021.

We have also made it clear that a person’s rights will be temporarily protected from the point at which a valid application to the scheme is made until they receive a decision on their application or the outcome of any administrative review or appeal. While the application is with the Home Office, there is no reason for any applicant to be concerned or for their rights to be affected.

The hon. Member asked a question about healthcare and sickness. It is true that the Independent Monitoring Authority has raised concerns about the scheme’s applicants with pending applications and questioned whether it is appropriate retrospectively to charge for healthcare if an application is ultimately refused. The Department of Health and Social Care, which leads on that aspect, is assessing its policy on the issue and is taking steps to clarify the position on charging late applicants if their application is ultimately unsuccessful. DHSC has already amended its guidance and communicated the change to the NHS via its communications channels, and I understand that it has committed to further liaison with the Independent Monitoring Authority on the issue. I hope that that provides the hon. Member with some reassurance.

[Stuart C. McDonald]

I am following quite a lot of what the Minister says. I think the issue that I raised in relation to health is very slightly different, because it is about charges incurred between the deadline and the submission of the application. The person I was speaking about has a good excuse, and it seems very strange that they will not be reimbursed any fees that they paid or will be pursued for any medical charges that they incurred at the time. Could the Minister encourage the Department of Health and Social Care to rethink that?

Secondly, the Minister has not really addressed the issue of transparency on how many late applications have been refused because they did not have a reasonable excuse, and how many applications for which a reasonable excuse was accepted have been refused because the criteria were not met. Is there any transparency on that?

[Robert Jenrick]

I will happily take up the hon. Member’s first point with the Department of Health and Social Care and revert to him. On his second point, I did give some guide as to the likely reasons why an application has been declined, but I will provide him with further statistics if it would be helpful.

The headline is that the vast majority of people who are rejected should not be here in the UK, for good reason, and their status is that of an irregular migrant to the UK. The hon. Member is right to say that that is a significant number of individuals; we will now need to work through it to ensure that those people either regularise their status or leave the UK as soon as possible.

On support and assistance for vulnerable groups, throughout the process we have been aware of the need to support those who may find this process more challenging. For that reason, we have set up a broad range of communications for minorities such as, for example, Roma and Traveller communities across the UK. The Home Office has also committed significant funding to support outreach to those communities, and that funding is ongoing. The resolution centre, which I mentioned earlier, is also available and fully staffed to support individuals by telephone or email seven days a week. We take that issue very seriously.

Oral Answers to Questions

Debate between Stuart C McDonald and Robert Jenrick

Monday 19th December 2022 Commons Chamber

[Robert Jenrick]

As ever, my right hon. Friend is absolutely right. Those claiming asylum should do so in the first safe country they pass through, and France is demonstrably a safe country. The system that my right hon. and learned Friend the Home Secretary and I want to build is one whereby those who come here illegally have no route to a life in the UK and are taken for their claims to be heard in third countries such as Rwanda, and we focus our resources as a country on targeted resettlement schemes and safe routes, like those that we have done so well in recent years in respect of Ukraine, Afghanistan and Syria.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

9. What steps she is taking to help improve (a) access to visas and (b) support for Ukrainian nationals.

[The Minister for Immigration (Robert Jenrick)]

Applications for the UK’s three bespoke Ukraine schemes are online, have no fee and no salary or language requirements. Nearly 150,000 visas have been issued to Ukrainians since the start of Vladimir Putin’s illegal invasion. The UK Visas and Immigration service aims to decide those applications within five days, unless there are exceptional circumstances. Generally, we are now meeting that standard.

[Stuart C. McDonald]

Ukrainian MPs who have met colleagues here have repeatedly asked for improvements to UK visit visa processes. Visitors from Ukraine must either go to Poland twice—first for biometrics and then to collect the visa—or wait there for several weeks. Will the Minister look at what can be done to make it simpler for those brave politicians and other Ukrainian citizens visiting their families here to access the necessary visa?

[Robert Jenrick]

I am in contact with a number of Ukrainian politicians who have raised exactly that point with me and, indeed, the issue of those serving in the Ukrainian armed forces who might wish to visit relatives here while on a short period of leave. I am giving that further consideration.

Manston Update

Debate between Stuart C McDonald and Robert Jenrick

Monday 28th November 2022 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I thank the Minister for bringing his statement to the House, but it is another day and another very disturbing development. Our thoughts and condolences must go to the family and friends of the man who died at Manston.

The Minister is right that it is important to emphasise that there is a very small risk to the UK population, but the converse is that, to those from nationalities that do not have an extensive vaccination programme, this is a very dangerous and contagious infection that can be fatal, as we have just seen.

On the rate of the response, the Home Office seems again to be in crisis mode, having waited until we are in a really serious crisis. Were there no indications from colleagues on the continent that there were rising cases of diphtheria there? It was only a matter of time before cases arrived on these shores, so we should have had plans in place much further in advance. I welcome the work to improve the medical facilities at Manston, which we saw when we visited it as the Home Affairs Committee. The Association of Directors of Public Health has accused the Government of putting

“asylum seekers and potentially hotel workers at avoidable and preventable risk”.

Its president says that an offer to help Ministers cope was rebuffed, making the situation

“far worse than it could have been.”

Does the Minister want to comment on those assertions? He spoke of robust screening but, as far as I can tell, it is still only of people presenting with symptoms. Is there not a case for at least some degree of asymptomatic testing, so that the Home Office has an indication of whether a boat-load would be worth further investigation before onward movement?

Finally, the Minister has spoken about procedures being put in place today, but does that mean that people were moved to new accommodation even though they were known to have diphtheria, or to have been awaiting test results, and how was that managed? What notification was there for health authorities in places of dispersal? Have people with diphtheria been sent to hotels without anyone being told? What protocols are in place to ensure that public health leaders have the information they require, because some have been complaining that there is zero information coming from the Home Office?

[Robert Jenrick]

I thank the hon. Gentleman for those important questions. The most important point to stress is that the advice of the UKHSA has been followed throughout. With any emerging health issue, the response has to be dictated by medical advice and the response has to increase along with the issue and the challenge. That is exactly the approach we have taken. When there were a very small number of cases, the approach of the UKHSA was that we screened individuals, that we provided medication and support for those who had symptoms, and that we ensured that the directors of public health in the community knew how to treat those people who responded later on with symptoms. Now that the number of cases is somewhat higher, it is clear that we have to up the response, which is why we are now ensuring that no one with symptoms leaves our care at Manston or at the accompanying secure hotel. It does mean that we need to ensure that the right data flows with the individuals—I think that is the point he was making—so that, if migrants arrive in a particular location, the directors of public health and the local NHS know as much as is possible about their pre-existing medical conditions, given the cohort of people.

Now that we are operating Manston in the way that I would wish, meaning that individuals flow through it within a matter of hours, fewer people will be detected at Manston because they will be there for far shorter periods. It is important that we work with directors of public health to put in place the correct procedures in the community so that they can identify people, get them the treatment they need, vaccinate them where appropriate and ensure they are properly isolated.

Finally, the hon. Gentleman asked a valid question that I too have asked of our advisers: is there a simple test we can apply to all those with diphtheria? It is the advice of Dame Jenny and UKHSA that there is not a lateral flow-style test that could be applied to all individuals while they are at Manston that would provide any degree of accuracy. However, we will be screening people thoroughly and, if there are any symptoms, they will be put into this new procedure.

Oral Answers to Questions

Debate between Stuart C McDonald and Robert Jenrick

Monday 14th November 2022 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

On Friday, a commission established by Refugees for Justice and led by Helena Kennedy KC concluded that the 2020 stabbings and shooting at asylum accommodation in Glasgow’s Park Inn could have been avoided, and recommended important asylum reforms. Will the Home Secretary or the Minister for Immigration agree to meet Baroness Kennedy—with whom I spoke this morning—and Refugees for Justice to discuss that important report?

[The Minister for Immigration (Robert Jenrick)]

I would be happy to meet the hon. Gentleman and the Baroness to discuss her report. We take safety at immigration removal centres extremely seriously. If I may, I take this opportunity to pay tribute to the immigration enforcement officers and others who responded to the recent disturbance at Harmondsworth in London. Their hard work in difficult circumstances was much appreciated by all of us.

Asylum Seekers Accommodation and Safeguarding

Debate between Stuart C McDonald and Robert Jenrick

Monday 7th November 2022 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I, too, congratulate the right hon. Member for North Thanet (Sir Roger Gale) on securing this urgent question and on his persistent scrutiny of these issues. Surely we have now reached the point where the Home Office can no longer be left responsible for the safety of those children. Hundreds are missing and thousands more are stuck in hotels outside the child protection system. Children are reportedly pressurised to claim to be adults and are increasingly misidentified as adults. There have been harrowing accounts of assault and rape; there is general evidence of fear and depression; and adults are not even being properly disclosure checked. Can we have a cross-Government taskforce, headed by the Prime Minister, to get children into local authority care instead of into more hotels?

Progress in moving people out of Manston is welcome, but it massively begs the question why that was not possible last month. To help the Minister to free up accommodation, will he prioritise the outstanding claims of the 15,000 or so Syrians and Afghans, who should be comparatively easy to identify as refugees and to award their status? Will he suspend the pointless process that saw staff identify just 83 inadmissible claims out of 16,000 cases? For goodness’ sake, instead of wasting their time on that, they should be looking at asylum claims and the backlog.

[Robert Jenrick]

The hon. Gentleman is wrong to suggest that the UK Government pressurise any individual to falsely identify as a child. It is the people smugglers who do that; we are doing everything we can to clamp down on it. I have been to Western Jet Foil at Dover to meet the Border Force staff who try to make those assessments. At times, up to 20% of the adult males who arrive at Western Jet Foil claim to be under 18, when clearly the number is substantially less than that. We have already changed the law, which I think the SNP voted against, to change the way in which those tests are administered, and if we need to make further legal changes, we will.

The hon. Gentleman is right to say that it is wrong that many children, in particular unaccompanied children, are in hotel accommodation. I want to change that. The way to do that is to encourage more local authorities throughout the United Kingdom to accept those individuals and to help them into private or state foster parenting arrangements. We have put in place a significant financial package of about £52,000 a year per foster carer per child to ensure that can happen, plus a £6,000 up-front payment to the local authority to help to accommodate that. The financing is available, so I want to ensure that more local authorities step up. If he can encourage those run by his SNP colleagues in Scotland to do so, I would be happy to support him.

International Doctors: Visas

Debate between Stuart C McDonald and Robert Jenrick

Wednesday 2nd November 2022 Westminster Hall

[Robert Jenrick]

The hon. Gentleman raises an important point. It really is a matter for the Department of Health and Social Care. I do not want to stray too far into policy questions that are rightly its domain, but clearly the UK benefits from retaining as many doctors who train here as possible. Staying will not always be the intention of those coming to the UK—many clearly want to make use of our world-class medical education and then return to their country of origin, or other countries that, for lifestyle reasons, they want to live in—but we benefit from encouraging more to stay.

[Stuart C. McDonald]

I have one final thought. I appreciate that the Minister will go away and task officials with looking at a possible umbrella sponsor—that is very positive news. The other issue is the length of visa for IMGs. From the Health and Social Care Committee inquiry, it appeared that there is a severe pressure between finishing up and being able to find a job. Extending the grace period a little might allow more people to stay.

[Robert Jenrick]

I will happily add that to the list of homework for my officials after the debate.

I thank my hon. Friend the Member for Boston and Skegness for securing this important debate, and the many colleagues on both sides of the House who have attended to register their interest in the topic. I assure them all that we will reflect carefully on the points raised, and in particular that I will task my Home Office officials to work with stakeholders in the sector to give greater consideration to the central question of whether there is a simpler way in which GP practices can apply for relevant visas. If that can be delivered by appropriate umbrella bodies, we would be pleased to see whether it can be taken forward.

Antisemitic Attacks

Debate between Stuart C McDonald and Robert Jenrick

Monday 17th May 2021 Commons Chamber

[Robert Jenrick]

I completely agree with my hon. Friend. It is crucial that we ensure that young people uphold the values of this country and understand antisemitism. That is one of the reasons why we were the first country in the world to sign up to the International Holocaust Remembrance Alliance definition, which makes it abundantly clear that anti-Zionism is antisemitism. It is one of the reasons why we fund the Holocaust Educational Trust, and why we have now expended its remit from going into schools to going into universities as well. We also fund a range of other organisations.

It is also important to underline the point that my hon. Friend made: Hamas is a proscribed terrorist organisation, and those considering its activities or reporting upon them should make very clear the kind of organisation it is and the relationship that the UK has with it, which is that we do not engage with a terrorist organisation.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP) [V]]

I, too, thank the right hon. Member for Harlow (Robert Halfon) for having secured this urgent question, which offers us an opportunity to unite in unequivocal opposition to, and condemnation of, antisemitism. There is never any excuse or justification for it, and hatred expressed here helps absolutely nobody, anywhere. The events that have already been described were absolutely horrendous—vile, targeted antisemitism and misogyny—and our solidarity goes out to the Jewish communities directly targeted and to everyone across the country who has suffered such hatred. We support all steps to bring the perpetrators to justice and all initiatives to tackle antisemitism.

Finally, can I suggest that we also take this opportunity to condemn all forms of racism and religious hatred, whether it is antisemitism, Islamophobia, or the atrocious anti-Catholic bigotry witnessed this weekend during disgraceful disorder by Rangers fans in Glasgow city centre? It has absolutely no place, and there is absolutely no excuse for it. I am sure that Members across the House will agree that we all have a duty to call it out and condemn it.

[Robert Jenrick]

I thank the hon. Gentleman for those remarks. Like him, this Government have zero tolerance for all forms of racism, including antisemitism. We must do everything we can to ensure that where individuals do perpetrate these crimes, they are brought to justice.

Oral Answers to Questions

Debate between Stuart C McDonald and Robert Jenrick

Monday 11th January 2021 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP) [V]]

  Can the Secretary of State confirm that his new Everyone In policy announced last week includes people with no recourse to public funds, without exceptions or caveats? And will he listen to calls from the Local Government Association and others for no recourse to public funds conditions to be suspended so that everyone who is vulnerable can access help?

[Robert Jenrick]

We have been very clear that the further work that we are doing now, building on the hugely successful Everyone In scheme, will be available to all individuals. Councils need to apply the law and that means making an individual assessment, but the unique circumstances of winter and the pandemic will mean that councils will use that to support more people off the streets and, importantly, to view this as a moment not just to support them now, but to get them GP-registered so that, in due course, they can be vaccinated, so we lead the world in supporting this vulnerable group and ensuring that they are fully vaccinated.

Oral Answers to Questions

Debate between Stuart C McDonald and Robert Jenrick

Monday 20th July 2020 Commons Chamber

[Robert Jenrick]

I am extremely pleased that leisure centres will be able to open shortly, in a safe and socially distanced manner. The income guarantee scheme that we have already announced will reimburse local councils for 75p in the pound for lost income, including for the leisure centres that they own and operate themselves. I appreciate that many leisure centres are not owned and operated by local councils; I am working with my right hon. Friend the Culture Secretary to see what further package of support we might be able to bring forward to assist.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP) [V]]

Waiting until autumn for details of the shared prosperity fund means huge uncertainty for recipients of structural funds, loss of staff and expertise, and near impossible transition planning. So I ask again: why not just guarantee, as a minimum, existing EU funding allocations for next year—and do it now?

[Robert Jenrick]

As my hon. Friend the Minister for Regional Growth and Local Government said in his earlier remarks, we made a manifesto commitment to ensure that, at a minimum, each of the nations of the United Kingdom will continue to receive the same amount of funding as they did from within the EU. We intend to keep that commitment.