Seema Malhotra MP: speeches
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Speeches
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source
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I am grateful for the opportunity to speak in response to the debate on new clauses 5 and 13. I want to clarify a few points. There are already rules that can prevent those arriving illegally from gaining citizenship. In February, the Home Secretary further strengthened measures to make it clear that anyone who enters the UK illegally, including small boat arrivals, faces having a British citizenship application refused. This change applies to anyone who entered the UK illegally, or those who arrived without a required, valid entry clearance or valid electronic authorisation, having made a dangerous journey, regardless of the time that has passed since they entered the UK.
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Tenth sitting) · Hansard source
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I thank the hon. Member for Woking for tabling new clause 16, which would exempt the NHS from paying the immigration skills charge when recruiting skilled workers. I recognise that the intention is to protect the NHS and reduce the cost of recruiting those vital health and care professionals. As we all know, they do a fantastic and important job for all our constituents and families in looking after the wellbeing of people across the UK. It is worth recognising, however, that the new clause would run contrary to the Government’s position that we should reduce our reliance on international workers in all sectors of the UK economy, including the NHS. The clue to what the immigration skills charge is for and why we have it is in the word “skills”, so removing it would send the wrong message. We would be removing an important tool to encourage employers to look first at the domestic labour market and at what more could be done to train and improve the skills of people already in the UK, rather than looking outside it and continuing our reliance on overseas trained workers to support our public services. In the light of what the immigration skills charge is for—to help and support the development of skills and, therefore, to support the growth of our skills and talent in the UK—I hope that the hon. Gentleman will reconsider and withdraw the new clause.
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source
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I thank hon. Members for those comments. I can clarify the numbers that I have; if there is anything that we have not covered, I can make sure that Members are written to. I mentioned that 5.7 million people now have status, but 4.1 million have settled status and have met the requirements for that. On why the change has happened now, the main point is that the issue has been ongoing and we had to work out the best time to bring it forward. We have now been able to bring it forward as a new clause in the Bill.
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source
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It is a pleasure to serve under your chairship today, Dame Siobhain, and to contribute to Bill Committee proceedings on this important piece of legislation. I will briefly state the purpose and effect of the clause before I make some more detailed remarks. The purpose of the clause is to ensure retrospective power for the charging of fees currently provided on behalf of the Home Office and the Department for Education in relation to the comparability, recognition or assessment of qualifications obtained in and outside of the UK from any time to the point at which the Bill comes into force. The effect of the clause is that fees charged by, or under, arrangements with the Secretary of State in relation to the comparability, recognition or assessment of qualifications obtained in and outside of the UK will have been charged lawfully. I will now lay out how this situation came about. In spring 2024, under the previous Administration, an issue was identified with the legal arrangements to charge fees for three services provided by a third-party supplier on behalf of the Home Office and the DFE. Those are the Home Office’s visas and nationality service, the Department for Education’s UK European network of information centres services, and the Department for Education’s non-UK early years qualifications recognition service. A statutory basis for those fees has not been in place for a part, or the whole, of the period of their being charged. Although we do not have an exact date from which that may have run, the estimate is from around 2008 to the present day. Regulations have been made for the charging of services recently for the Home Office’s visas and nationality service, and are being made for the Department for Education’s UK ENIC services. The fee for the non-UK early years qualifications recognition service was removed. We are bringing forward the clause to ensure that fees charged before the Bill comes into force are lawful. We recognise that retrospective legislation should be used with caution, however, we consider that there are important reasons for it in this case, and indeed, that it was assumed that there was a legal basis for those fees in the past. In considering whether retrospective legislation is the right approach, it is important to be clear that customers who paid a fee received a service that they were able to use as part of, for example, a visa or nationality application, or to understand the comparability of qualifications to support access to education or work. Other options, such as repaying fees, would require placing a considerable and unfair financial burden on UK taxpayers, who have not, on the whole, directly benefited financially from income generated by these services. That is why we believe that this measure is the right course of action to ensure that there is no doubt about the charges being lawful while protecting taxpayer money and Government resource. I repeat the fundamental point that a service was received for the fee that was paid. It is important to make sure that we learn lessons and ensure that that situation does not happen again. Both Departments now have robust guidance and processes in place to support policy leads where legislative powers are needed to support the charging of fees in relation to the provision of public services.
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source
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I will just make this point first. In a sense, the new clause will have a very limited impact on access to benefits for those with pre-settled status, or limited leave, under the EUSS. To access income-related benefits such as universal credit, they would be required to evidence relevant qualifying activity, such as current or recent employment or self-employment. Those with settled status, or indefinite leave, under the EUSS already have full access to benefits where eligible. On the question asked by the hon. Member for Weald of Kent, I know there is broader research, and there is some data but not other data, and there are different estimates, but I am sure that she will know and appreciate that the vast majority will be working. Her question is also relevant to a more general question about those who are here and have settled status: how many are working? We know that there is different research, but the vast majority are self-sufficient.
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source
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Indeed, it is important to have data that can inform policymaking and public debate. This is a separate matter to the one of those who come to work, settle and contribute to our economy and society, which I know we all want to see—that is indeed what we see in our constituencies—but it is also important that those who come through humanitarian routes are supported to access employability skills and employment, so that they can support themselves and their families. It is important that we look at how joined-up we are and to what extent that support is in place. Amendment 22 agreed to. Amendments made: 23, in clause 55, page 56, line 29, after “to” insert “any of the Channel Islands or”. This amendment enables certain provisions of the Bill to be extended by Order in Council to any of the Channel Islands. Amendment 24, in clause 55, page 56, line 31, after second “to” insert “any of the Channel Islands or”.— (Dame Angela Eagle.) This amendment enables certain amendments and repeals by the Bill to be extended by Order in Council to any of the Channel Islands. Clause 55, as amended, ordered to stand part of the Bill. Clause 56 Commencement Amendment made: 25, in clause 56, page 57, line 15, after “35” insert “, (EU Settlement Scheme: rights of entry and residence etc)”.— (Dame Angela Eagle.) This amendment to the commencement clause has the effect of bringing NC31 into force 2 months after Royal Assent. Clause 56, as amended, ordered to stand part of the Bill. Clause 57 ordered to stand part of the Bill. New Clause 30 Conditions on limited leave to enter or remain and immigration bail “(1) The Immigration Act 1971 is amended in accordance with subsections (2) and (3). (2) In section 3(1)(c) (conditions which may be applied to limited leave to enter or remain in the United Kingdom)— (a) omit the ‘and’ at the end of sub-paragraph (iv), and (b) at the end of sub-paragraph (v) insert— ‘(vi) an electronic monitoring condition (see Schedule 1A); (vii) a condition requiring the person to be at a particular place between particular times, either on particular days or on any day; (viii) a condition requiring the person to remain within a particular area; (ix) a condition prohibiting the person from being in a particular area; (x) such other conditions as the Secretary of State thinks fit.’ (3) Before Schedule 2 insert— ‘Schedule 1A Electronic monitoring conditions 1 For the purposes of section 3(1)(c)(vi), an “electronic monitoring condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following— (a) P’s location at specified times, during specified periods of time or while the arrangements are in place; (b) P’s presence in a location at specified times, during specified periods of time or while the arrangements are in place; (c) P’s absence from a location at specified times, during specified periods of time or while the arrangements are in place. 2 The arrangements may in particular— (a) require P to wear a device; (b) require P to make specified use of a device; (c) require P to communicate in a specified manner and at specified times or during specified periods; (d) involve the exercise of functions by persons other than the Secretary of State. 3 If the arrangements require P to wear, or make specified use of, a device they must— (a) prohibit P from causing or permitting damage to, or interference with, the device, and (b) prohibit P from taking or permitting action that would or might prevent the effective operation of the device. 4 An electronic monitoring condition may not be imposed on a person unless the person is at least 18 years old. 5 In this Schedule “specified” means specified in the arrangements.’ (4) In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 2(1) (conditions of bail), after paragraph (e) insert— ‘(ea) a condition requiring the person to be at a particular place between particular times, either on particular days or on any day; (eb) a condition requiring the person to remain within a particular area; (ec) a condition prohibiting the person from being in a particular area;’”.— (Dame Angela Eagle.) This new clause makes provision about the conditions which can be imposed on a grant of leave to enter or remain in the United Kingdom or a grant of immigration bail. Brought up, and read the First time .
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source
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The hon. Lady asks a good question. The extra cohort is a minority in that. There are estimates. I am not sure whether I have here the estimate of the specific number of the extra cohort, which it is quite difficult to have an exact number on. But I will make sure that she is written to about the best estimate or the best way in which we can consider it. The extra cohort is a minority, but it is important that we clarify that their rights, too, are derived from the withdrawal agreement.
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source
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The hon. Gentleman mentions the Fresh Talent scheme, which allowed graduates of Scottish universities to remain and work for two years after graduation without needing a sponsoring employer. In practice, many Fresh Talent participants did not remain in Scotland and took up employment elsewhere in the UK. That is precisely the challenge we are talking about.
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source
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I thank my hon. Friend for his question. I would probably put it slightly differently. This is an example of where we are being fair and generous—going beyond what was technically within the withdrawal agreement—because that is right for EU citizens who were here. In line with the approach that we took across the whole of Government, we should make sure that there is a smooth transition and security for EU residents here in the UK and also for British citizens in the EU. I spent four years on the Committee on the Future Relationship with the European Union—I was a veteran, from the first meeting to the last. Early on, citizens’ rights were important and central. Policy has sometimes become a bit more difficult because of case law—we cannot always predict where that ends up—so it is right that we look at where we can make the position clear in law, which is what we are doing today.
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source
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It is a pleasure to serve under your chairship for this important debate, Dame Siobhain. It is probably the fourth time we have discussed this matter. I want to acknowledge the persistence of the hon. Member for Perth and Kinross-shire. He will be aware—perhaps this is one point I can acknowledge that he would have predicted my response—that we will not be introducing a Scottish visa scheme or devolving control of immigration policy. This has also been a discussion that we have had, and a point that we have made to the Scottish Government. In my remarks, I will perhaps make a few points that will be useful for his ongoing deliberations on this issue, and suggest how he may direct them towards working with the Scottish Government on some matters that it may be useful for him to be aware of. The key point is that we must work together to address the underlying causes of skills shortages and overseas recruitment in different parts of the UK, and that is what we are seeking to do. The hon. Gentleman also knows that we believe net migration must come down—under the last Government, it more than trebled and reached a record high of over 900,000 in the year to June 2023. Immigration is a reserved matter, on which we work in the interest of the whole of the UK. The previous schemes that we have talked about have succeeded only in restricting movement and rights, and creating internal UK borders. Adding different rules for different locations will also increase complexity and create friction when workers move locations.
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source
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I beg to move amendment 22, in clause 55, page 56, line 28, after “39” insert “ and ( EU Settlement Scheme: rights of entry and residence etc )”. This amendment to the extent clause is consequential on NC31.
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source
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I turn first to new clause 31, which is on EU citizens’ rights. It will confirm in law what the UK has in practice sought to do since the EU settlement scheme was established: to ensure that all EU citizens and their family members with status under the scheme have equal rights in the UK. Part of this is quite complicated, so it may be useful to try to simplify it. In order to meet free movement rules, those who were here as residents from the European Union before the end of the transition period, which was the end of December 2020, needed to have been financially self-sufficient, studying or working for the previous five years. That meant that they had the rights of permanent residence in the UK. If their family members, who may have been partners or children under the age of 21, were also here before the end of December 2020, then at that point—it was a bit like census day—it did not matter whether they were outside the UK; under permitted absence rules, they could have been abroad for whatever reason but coming back. The point is about the definition of meeting free movement rules. They were resident here and effectively living under EU law, so they would be eligible for rights under the EU withdrawal agreement. The issue is a technical one. There is a cohort described as the extra cohort, rather than the true cohort. The true cohort is those who were self-sufficient, studying or working, and therefore ticked all the boxes of meeting free movement rules. But those who, for example, were not in work on 31 December—they might have lost their job, or there was some other reason why they were not technically meeting the rules—are described as the extra cohort. While they were not technically meeting those free movement rules at that moment, we moved forward with citizens’ rights after we left the European Union at the end of the transition period by treating those two cohorts as the same, as if it had been census day. Those technicalities have meant that the withdrawal agreement rights apply completely to the true cohort, but arguably, given case law, have sometimes become a bit more complicated when applied to the extra cohort—who, as far as the UK is concerned, should be treated the same. It is important that we clarify in law that we treat the cohorts the same. At the end of December 2020 they might technically not have met all the definitions under the free movement rules, and therefore technically not have been complying with EU law, but for all intents and purposes they should still have their citizens’ rights. The source of those rights is the withdrawal agreement. New clause 31 clarifies that so that we do not have case law challenging it or defining it differently. It was always the UK’s intention to treat those cohorts the same, but as case law has evolved it has become more difficult in practice. I thank other parliamentarians, including those in the other place, and stakeholders who have raised this issue. We want to ensure that there is clarity in law and that what we intend is actually the case. It is better all round to make the position clear. New clause 31 will mean that all EU citizens and their family members with status under the EUSS who were resident in the UK before the end of the transition period on 31 December 2020—I remind the Committee that we left the EU at the end of January 2020, but had the transition period until December 2020—will be considered beneficiaries of the withdrawal agreement and accordingly have rights in UK law. That is regardless of whether they belong to what I have described as the true cohort—the vast majority, who were compliant with all aspects of the free movement rules—or whether they technically did not and fell within what we have called the extra cohort. The new clause means that they all be able to rely directly on the rights in the withdrawal agreement for as long as they hold EUSS status. I am sure that, like all of us, Dame Siobhain, you consider it important for your constituents to have clarity about their rights in law. The Government take citizens’ rights very seriously, and we continue to work constructively with the EU to ensure that citizens’ rights provisions in the withdrawal agreement are properly implemented in the UK and the EU. The EUSS opened on 30 March 2019, when the withdrawal agreement was still in draft; some of us still remember those slightly heady days and late nights. From the start, the UK’s approach has been that, as the withdrawal agreement requires, all EU citizens resident in the UK before the cut-off date, which proved in the end to be the end of the transition period on 31 December 2020, are eligible for the EUSS, irrespective of whether they resided in the UK in accordance with EU law at the end of 2020. The EUSS, our scheme in the UK, does not therefore assess whether, at the end of the transition period, the EU citizen was exercising treaty rights in the UK by being a worker, self-employed, a student or self-sufficient, or whether they had an EU law right of permanent residence here, possibly on the basis of having spent five years working here. The approach we took was fair and ensured a smooth transition. It was a priority for the whole of Parliament during that time that EU citizens with a right to be in the UK and British citizens in the EU did not have their lives disrupted by the consequences of Brexit. That approach has greatly simplified the operation of the EUSS, under which 5.7 million people now have status. It also simplified it for applicants and caseworkers. That is important, because we want consistency and accuracy in the processing of cases. Just by virtue of these technicalities, two cohorts of EU citizens and their family members have status under the EUSS: the true cohort, who derived their rights from the withdrawal agreement, and the extra cohort, who were not within scope of the withdrawal agreement for technical reasons and derived their rights from domestic legislation. The UK has sought as a matter of practice to treat those cohorts the same in how we have interpreted and treated those cases in relation to their status in the UK, but as case law has evolved, very small technical points have had consequences where rights have been derived technically from the withdrawal agreement or domestic legislation. The new clause will make the position clear in law. It removes the distinction in UK law between true and extra cohorts, making it clear that both are to be treated as if they were in scope of the withdrawal agreement at the end of the transition period in December 2020, meaning that they benefit from the rights contained in part 2 of the agreement.
- 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source
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Thank you, Dame Siobhain. It is a pleasure to speak to these new clauses, and to acknowledge the genuine questions and important aspects that have been raised in the debate so far. In particular, I thank the hon. Members for Perth and Kinross-shire and for Woking for tabling the amendments. Contributions also came from my hon. Friends the Members for Edinburgh East and Musselburgh and for Dover and Deal and from the Opposition. The point I want to make on this subject is in response to both new clauses, although I recognise the slight differences. New clause 1 seeks to require a strategy, laid before Parliament, for the development of safe and managed routes for people to seek asylum in the UK, and new clause 6 seeks to require the Secretary of State to “make regulations specifying additional safe and legal routes”. The hon. Member for Perth and Kinross-shire said that he was pretty good at predicting the responses from colleagues. I gently suggest that I might say some things that he may not expect about certain aspects of the subject. That is because some parts of what we currently do have not been raised at all in the debate. They are in relation to safe and legal routes, and how they are working, outside the Afghan, Ukrainian and Hong Kong schemes. I want to go through those points because they are important. I also make a broad point in relation to, in particular, the comments and the question from the hon. Member for Woking about consideration and having a conversation. The Government will, as he knows, shortly set out our approach to immigration as part of considering how we bring down net migration, tackle abuse and put more controls in the system. The system has lost public confidence. I think we all know—the Conservatives themselves have acknowledged it—that we lost control of immigration. The system was and is chaotic. It is not just a problem in relation to how people feel about an immigration system that is not fair, controlled or managed; it is about the consequences for individuals, such as asylum seekers caught up in backlogs. Their lives are on hold until their claim is considered. It is important to return to the subject of the utter chaos that the whole system has been in, and why the Bill is important to what we are looking to do to strengthen our borders and go after the smuggling gangs, which hon. Members have mentioned. Those gangs do so much damage to the lives of migrants. They also undermine our border security and make money—millions—from putting lives at risk. It is important that we look at how we are tackling the demand. Several hon. Members made that important point. I was surprised that the hon. Member for Perth and Kinross-shire did not talk about going even further with what he is suggesting.
- 3 Mar 2025 · Draft Immigration (Biometric Information etc.) (Amendment) Regulations 2025 Draft Immigration and Nationality (Fees) (Amendment) Order 2025 · Hansard source
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It is a pleasure to serve under your chairship, Sir Roger. The legislation we are debating concerns two elements of our immigration system: the fees for immigration and nationality applications, and the use of biometric information. I will take each instrument in turn. The draft Immigration and Nationality (Fees) (Amendment) Order sets out immigration and nationality functions for which a fee is to be charged, and the maximum amount, or maxima, that can be charged in relation to each of those functions. I am sure Members will agree that it is prudent to keep maximas under review to ensure that the order continues to support our fees and funding objectives. The order will make several changes to the maximum fee payable, including for the electronic travel authorisation, sponsorship on work routes, naturalisation as a British citizen or a British overseas territories citizen, and certain nationality services. The electronic travel authorisation maxima will increase from £15 to £16. The fee maxima that applies to sponsor a worker and for certificates of sponsorship will increase from £300 to £525. The fee maxima that applies to adult applications made to naturalise as a British citizen or a British overseas territories citizen will increase from £1,500 to £1,605. We are also making a number of changes to maximas for nationality-related products and services. The fees order will also remove the fee provision related to the electronic visa waiver and make a consequential amendment to the Immigration and Nationality (Fees) Regulations 2018 to remove the fee. The changes we propose, which are accompanied by an economic impact assessment, will facilitate subsequent increases to relevant fees to the new maxima level, as outlined in the explanatory memorandum, which are necessary to ensure the sustainability of the migration and borders system. The impact assessment for the fees order considered a range of economic costs and benefits of the proposed changes, of which the indirect impact on the Exchequer was one. However, this was considered alongside the estimated benefits, including the estimated revenue generated from the changes. The overall impact of the changes, if made in subsequent regulations, is uncertain, and a range of impacts has been presented. However, in the central case, the impact assessment estimates a positive overall economic impact of £203.5 million over the five-year period. The central scenario in the impact assessment represents the best estimation of the potential policy impact if fees were to be raised to the relevant maxima. In this scenario, the direct benefits have been assessed as outweighing the more uncertain indirect costs. Further potential revenue of between £105 million and £120 million per year accruing to the Home Office from increases to the certificate of sponsorship fee are captured separately in the document as a transfer between business and the Government. I want to make it clear that no fee levels will be changed through this order. Fee levels are amended through the Immigration and Nationality (Fees) Regulations 2018 and will be subject to approval by Parliament and accompanied by a full economic impact assessment. However, in laying this order before the House, we have sought to provide clarity to Parliament and to the public on our intention to increase certain fees when parliamentary time allows. Let me turn to the Immigration (Biometric Information etc.) (Amendment) Regulations 2025. The use of biometric information, in the form of facial images and fingerprints, continues to play a crucial role in our immigration system by enabling us to check and confirm the identities and immigration status of foreign nationals coming to and living in the UK. The regulations form part of the Government’s commitment to harness the power of technology to deliver several significant improvements to our immigration and border system and support our transition to a digital passenger journey from application to arrival. The regulations provide measures to support the transition away from physical biometric immigration documents towards digital immigration status in the form of an e-visa for everyone who applies for a visa to come to the UK, including visitors; the ability to retain biometric information from people who abscond from immigration bail and become uncontactable; changes to prevent abuse of the stateless person route; and a power to enrol biometrics from all people arriving at the border and retain that information for everyone who is not a British citizen. The roll-out of e-visas started in 2018 as part of the EU settlement scheme and has been incrementally widened to other foreign nationals coming to and staying in the UK. As of 27 February 2025, over 4 million people have successfully created a UK Visas and Immigration account to access their e-visa up to the end of January, with many more creating an account every day. In November 2024, the Home Office stopped issuing biometric residence permits and intends to stop issuing passport vignettes, or stickers, later this year. Instead, people granted permission to come and stay in the UK need to create a UKVI account to access their e-visa, which they can use to prove their status and identity in the UK. To ensure the integrity of the e-visa system, the regulations will also require e-visa holders to maintain accurate information about themselves, including by updating their facial image. That will ensure that employers and other organisations conduct accurate checks when establishing a person’s status and identity, which helps to prevent illegal working and identity-enabled criminality. That is because, while e-visas issued to people who are settled in the UK do not expire, we still need the person to periodically update their facial image, as with UK passports and photo driving licences, which are valid for up to 10 years. The person will need to be reminded to update their facial image ahead of needing to do so. For adults, the period of time will be similar to that for passports or UK driving licences. We need to ensure that foreign nationals who are staying in our country comply with our rules. Therefore, to reflect the new digital status, we are introducing a new, but proportionate, sanction that may be imposed on a person who refuses to adhere to any requirements in the regulations to encourage compliance. If an e-visa holder fails to update their photo in the required time, the regulations allow us to prevent them from sharing their status for third-party checks until they comply with the regulations. That will reduce the need to impose more stringent existing sanctions, such as civil penalties or curtailing or varying their immigration permission. I stress that these sanctions will apply only to those who will not comply with our requirements, not to those who cannot. We have taken lessons from the experiences of the Windrush generation and are committed to avoiding undue burdens being placed on elderly people. We will not require people aged over 70 to update their facial image or to create an account where they hold an expired biometric residence permit but will encourage them to do so for their convenience. The proposed regulations also enable us to extend the standard fingerprint retention period beyond 15 years for those who abscond from immigration bail and seek to avoid contact with the Home Office or the police. Statelessness presents significant challenges, which we have managed through legal frameworks and international co-operation. The previous instrument enabled some people to avoid providing their biometrics for the purposes of the biometric immigration document without any consequences. This instrument closes that gap and ensures that anyone who applies to stay in the UK because they are stateless needs to enrol their biometric information as required, or face having their application disregarded or refused. Moving to our plan to transform the UK border, we are looking to harness innovative technologies to improve how people move through the UK’s border. Biometric information is an effective way of establishing and verifying a person’s identity. We want to build upon existing identity verification capabilities to ensure that we are building a border that can withstand future pressures efficiently, while maintaining our border security. To achieve that, we need legislation that will enable us to enrol and retain the biometric information captured at the UK border. By retaining this data, we will have a record of up-to-date facial images to support a smoother passage through the border each time the person arrives in the UK. The instrument ensures that robust action can be taken by Border Force officers against those non-British or non-Irish citizens who wish to consciously circumvent requirements to provide biometric information at the border, by allowing Border Force to refuse or cancel permission to enter the UK. We know that some of our Five Eyes partners, such as the USA and Australia, are developing automated border systems based on biometric information to improve passenger flow and maintain security. This instrument will allow us to keep pace. The enhanced facial comparison capability provided through these regulations will also allow us to develop further new identity verification technologies. That includes trialling contactless travel at the UK border, which would enable a person to enter the UK without routinely producing their passport—something you might enjoy doing, Sir Roger—at the border, but without compromising our security. We aim to do that by using the information we have from our universal permission to travel, e-visa and electronic travel authorisation, coupled with advance passenger information, which will allow us to know more about who is travelling to the UK prior to their departure. That will enable us to conduct more checks prior to their arrival at the border. We will be able to match the facial image of a person arriving at the UK border with the biometric information we already hold from either their passport or immigration application. To reassure the Committee, these regulations do not change the requirement for all arrivals to the UK to travel on a valid passport. Our future vision for the UK border is rightly ambitious. Equally, it is important that we proceed cautiously with any new technology introduced at the border. We must make sure that we get this right. That is why our first step will be to test contactless travel on British citizens only later this year. We will only move to further implementation if that is a success. I can also reassure the Committee that this instrument does not commit the Government to introduce any new technology; instead, it bolsters our ability to enrol and retain biometric information at the border and paves the way for trialling of contactless travel. I realise that these are both somewhat technical areas. I thank Members for their consideration of our fees order, which will ensure that our migration and borders system is sustainably funded, and our biometrics regulations, which will help to facilitate our ambitious journey towards a biometrically enabled digital immigration system. I commend the order and the regulations to the Committee.
- 3 Mar 2025 · Draft Immigration (Biometric Information etc.) (Amendment) Regulations 2025 Draft Immigration and Nationality (Fees) (Amendment) Order 2025 · Hansard source
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I thank the shadow Ministers for their contributions, as well their overall support for the measures in these statutory instruments. They ensure the robustness, efficiency and security of our systems, while future-proofing them and keeping us in line with our competitors. I had an experience last year in Australia where I ended up walking straight through immigration without anyone checking my passport, and I had no idea what had happened. Having gone through, I was out the other side hunting for someone to give my documents to, but I then realised that I had come through an automated system, so my face must have passed the test. That was an example of how we can both improve the customer experience and maintain our border security. Given the increasing number of visitors to our country that we expect in future from some of our forecasts, we want to ensure that people are not coming to our border and being held unnecessarily. We also want to ensure that we update both our technology and our systems, while being welcoming to those coming to Britain. I want to respond to a few of the points that were raised. I recognise the point made by the shadow Minister, the hon. Member for Stockton West, about ensuring that we reduce abuse of our routes. He quoted from the Border Force’s 2025 strategy; that was written five years ago, so it will obviously need updating to be in line with future provisions. Some of its programmes began, but others were not quite seen through over the last five years for various reasons. I think the broad direction of travel, as well as the importance of investment in the border, is recognised in all parts of the House. We want to ensure that we have advanced passenger information, which gives information on who may be coming ahead their arrival at the UK border. ETAs are all about trying to ensure that we stop those who might pose a risk from actually travelling to the UK in the first place. The shadow Minister is right to raise that issue, and we want to ensure that we are looking at a border transformation that continues to keep our country as safe as we can. In my remarks, I outlined the four main areas involved in that: the transition away from physical documents; the retention of biometrics; the prevention of abuse; and the powers to enrol biometrics at the border. The transition away from physical documents was raised by the Liberal Democrat spokesperson, the hon. Member for Hazel Grove, and I want to respond to her point about supporting those who are vulnerable in that transition. When working on the e-visa process, we looked very closely at reducing any risks to those who are more vulnerable in the transition. It was also important to recognise the need for people to have something physical to show to demonstrate status, which is why we have allowed for the printing of an individual’s e-visa account. It does not mean that that is their e-visa account, but it means that they have something physical to refer to in subsequent discussions with the Home Office. It can be used as evidence of having an e-visa account. This is one of the challenges that came out of the Windrush scandal—how someone can prove what their status is and what their records are with the Government. It is important that people are able to prove their status and records. That print-out can be kept, travelled with and used in discussions with the Home Office. It could be used as a supporting document if someone were to have issues coming back from travelling. If the carrier they were travelling was not calling the carrier hub or there were an issue with their electronic status, there would be a document they could have in their hand. I want to make sure that the message is out there that people will be able to use the document for that. In relation to vulnerable persons, we recognise that the transition to e-visas has an impact on those who are more digitally excluded. That is why we continue to work closely with a range of stakeholders. Before Christmas I did an interview with Age UK, which shared the video on its Facebook page about how we meet stakeholders who are raising concerns with us to reassure them and explain the mitigations we have in place. We provide a free assisted digital service for those who may be digitally excluded. We work collaboratively with a range of third-party stakeholders who are funded to provide support services to vulnerable customers with the most complex needs. Users can also contact UK Visas and Immigration’s resolution centre, which provides telephone and email support to those using the online immigration status services. The centre can assist users experiencing technical difficulties with their online immigration status. Where necessary, the resolution centre will enable an individual’s status to be verified through alternative means as well. In addition, individuals can nominate a helper and give them limited access to their account. That is extremely important. Where a person is unable to manage their own affairs—due to age or disability, for example—they can appoint a proxy who can be authorised to create and manage the account on their behalf. With a digitalised system, we can send multiple notifications to remind people and their proxies what they are required to do. That is similar to when my sister was able to be a proxy for my mother for medical records; the same email that went to my mother also went to my sister, who could have a conversation with her about what it contained. The changes in the instrument will ensure that the right legal framework is in place to support the ongoing transition to e-visas. We will not require people over the age of 70 to update their facial image or make them create an account if they hold an expired biometric residence permit, but we will encourage them to update it for their own convenience. We are looking at a range of methodologies to monitor the performance of the e-visa system. That includes reviewing feedback and complaints and having continued engagement with interested groups that represent vulnerable users. In fact, we do this on an ongoing basis. We will also monitor levels of usage. Finally, on ETAs and tourism, it is important to note the research done on this. There has not been much evidence that fees increases to date have affected volumes on tourism routes. The assessment published alongside the fees order suggests that any increase to the fee within the limit set by the new maximum will be unlikely to have a significant impact on demand, estimating a 0.5% fall in ETA applications in a central cost scenario, and an impact on tourism of £42 million in the next financial year. It is worth saying that in the 11 or so years that the UK has had the electronic system for travel authorisation, there has actually been an increase in the number of visitors to the US. I will just mention Northern Ireland, because it has been raised with me before in the House. We understand the concerns about the potential impact of ETAs on tourism in Northern Ireland. We have worked closely with the Northern Ireland Executive since the inception of the ETA policy, and we will continue to work with partners to understand the impact of ETAs in Northern Ireland. It is important that we are able to have those who are crossing the land border into Northern Ireland complete an ETA, and that we have a better understanding of all those who are seeking to come to the UK. I will make a final comment on sponsorship. The hon. Member for Hazel Grove raised the question of health and care visas, and she will also understand, I am sure, that it is important that we provide all the support we can for those already in the UK who may be in between employers, so that they can be employed by services that are still looking to recruit from overseas. That is one reason why the Home Office has been working with the regional hubs and the Department of Health and Social Care on this, with £60 million of funding having gone into it. For those who have come here on health and care visas—for whatever reason, whether a sponsorship licence has been withdrawn, or there have been issues of abuse or poor conditions with their employer—we are more easily able to match them with areas and regions within the UK where there is recruitment happening. It is different in each region, but it is extremely important to make sure that the system works effectively. We continue to work with employers in all sectors to understand where there is demand and need for recruitment from abroad. That is a key area that we continue to keep under review with the Migration Advisory Committee, which is looking at where we have particular dependence on skilled worker recruitment from abroad, and what more we can do through the new systems we are putting in place to better predict demand and to upskill at home. In conclusion, the changes in the order will ensure that our fees are set at a level that supports our fees and funding objectives. I emphasise again that these changes will not amend specific fees, and any future fee changes will be subject to approval by Parliament. Throughout the lifespan of the fees order, immigration fees will continue to be reviewed and updated where necessary, and all existing Government oversight arrangements will remain in place. The modernised immigration and border system will allow foreign nationals to view their status information in real time on digital platforms in the form of an e-visa, and update their details or documentation more readily. The regulations will simplify the process for gathering biometrics, standardise the way we use them and retain them, and allow us to take a significant step forward in delivering a border and immigration system that is a modern, digital service. As such, I commend the order and the regulations to the Committee. Resolved, That the Committee has considered the draft Immigration (Biometric Information etc.) (Amendment) Regulations 2025. Draft Immigration and Nationality (Fees) (Amendment) Order 2025 Resolved, That the Committee has considered the draft Immigration and Nationality (Fees) (Amendment) Order 2025.— (Seema Malhotra.)
- 3 Mar 2025 · Draft Immigration (Biometric Information etc.) (Amendment) Regulations 2025 Draft Immigration and Nationality (Fees) (Amendment) Order 2025 · Hansard source
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I beg to move, That the Committee has considered the draft Immigration (Biometric Information etc.) (Amendment) Regulations 2025.
- 24 Feb 2025 · Topical Questions · Hansard source
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I thank the hon. Member for his question, and if he wants to write to me about that case, I will be very happy to look at it.
- 24 Feb 2025 · Topical Questions · Hansard source
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We are introducing electronic travel authorisations in line with the approach of our international partners such as Australia and the USA, who have also been looking at how to enhance their ability to pre-screen travellers upstream, to stop those who pose a threat from travelling to the UK. As the former immigration Minister and now shadow Secretary of State of Justice, the right hon. Member for Newark (Robert Jenrick), said at the time: “ETAs will enhance our border security by increasing our knowledge about those seeking to come to the UK and preventing the arrival of those who pose a threat.” If the hon. Gentleman disagrees with him, I suggest they have a catch-up. Perhaps the Conservative party will have worked out by then where it stands on the policy.
- 24 Feb 2025 · Indefinite Leave to Remain · Hansard source
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I am still quite flabbergasted by the questions that the Conservatives ask in the House. Their party saw net migration more than quadruple to record levels. The shadow Minister will know that the Prime Minister has also pledged a White Paper on reducing net migration—that was at the end of last year—and work is under way to consider a range of proposals, including how better to support the integration and employability of refugees.
- 24 Feb 2025 · Indefinite Leave to Remain · Hansard source
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My hon. Friend will know that, for many generations, refugees who have arrived for resettlement in the UK have been able to apply for British citizenship if they meet the conditions, and that continues to be the case. The UK must always do its bit to support those who are fleeing persecution, but we are also clear that we must do all we can to prevent people from making dangerous boat crossings and risking their lives in the arms of criminal gangs.
- 24 Feb 2025 · Indefinite Leave to Remain · Hansard source
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I gently say to the hon. Member that the number of settlement grants grew by almost a third in the final year that his party was in government, compared with 2023. We will take absolutely no lessons from the Tory party and a shadow Home Secretary who completely lost control of our borders, allowing net migration to quadruple to a record high of nearly 1 million while the number of dangerous boat crossings soared.
- 24 Feb 2025 · Indefinite Leave to Remain · Hansard source
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Settlement in the UK is a privilege, not an automatic entitlement. There is already a range of periods of time that people are required to spend in the UK before they qualify for settlement. The number of people granted settlement each year will reflect the number of migrants coming to the UK in earlier years. This Government are determined to bring control to the immigration system and to bring net migration down, and we keep all our policies under review.
- 24 Jan 2025 · Antisocial Behaviour: Hertfordshire · Hansard source
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I congratulate my hon. Friend the Member for Hemel Hempstead (David Taylor) on securing this important debate and on the work he is doing in his constituency. He has very clearly set out the impact of antisocial behaviour in the cases and stories he has narrated. He has also set out how, when antisocial behaviour is not dealt with, it can be an attraction for other types of crime, creating fear in our communities. The story of how children can pick that up was also well highlighted. He went on to highlight the Conservatives’ record over the past 14 years and the impact it has had on our neighbourhood policing. I am responding in today’s debate on behalf of my colleague, the Minister for Policing, Fire and Crime Prevention, my right hon. Friend the Member for Kingston upon Hull North and Cottingham (Dame Diana Johnson), who I am sure will be willing to pick up further on any issues with our hon. Friend. I know he has had a productive conversation with her very recently in which he raised these matters. My hon. Friend rightly referred to the lamentable record of the previous Government on these matters. Even after the previous Government belatedly sought to deal with and respond to the reduction in the overall number of officers that they presided over, policing has still not returned to our streets. There are still fewer police officers in neighbourhood teams. The proportion of the public who say they never see an officer on the beat has doubled, and the number of police community support officers has halved. It is little wonder, then, that the types of crime and conduct that neighbourhood policing used to tackle have soared, as my hon. Friend the Member for Hemel Hempstead highlighted. Whether it happens in Hemel Hempstead, Hertfordshire or anywhere else, antisocial behaviour is a blight on people and places. As MPs across the House will have seen in their constituencies, it affects communities in different ways and comes in different forms, but fundamentally this is about respect—respect for our laws and our expectations as a society, and respect for our fellow citizens. Those who lack that basic respect and behave antisocially have to be made to face the consequences of their actions. We need to send a message that we will not stand by while decent, law-abiding people suffer as a result of the selfishness of others. To deliver the change that the country needs, we need to restore a sense of local pride, and give people the confidence that they are safe and secure, whether they are at home, in their neighbourhoods or in public places. That is why the Government’s plan for change includes our safer streets mission, and it is why we have made stronger action to tackle antisocial behaviour a central part of that mission, with a particular emphasis on improving the police response alongside tougher powers to tackle perpetrators. My hon. Friend laid out some of the specific problems that his constituents have encountered. He will know that I cannot comment on particular cases, but I think it will be helpful for me to share more about the action we are taking more widely. The Government have committed to five core missions, which seek to address some of the fundamental challenges that society is facing over the next 10 years. The safer streets mission will halve violence against women and girls, halve knife crime, and restore confidence in policing and the criminal justice system. It is focused on addressing harm and confidence in parallel, by taking a whole-system approach. These are long-term aims, but the Government are already taking decisive first steps towards their delivery, including delivering thousands more neighbourhood policing roles and taking steps to tackle antisocial behaviour through new penalties for offenders. These ambitious aims will require a dedicated coalition of Government, public services, the private sector, charities, and the public themselves, to be successful. Neighbourhood police officers are at the forefront of the fight against antisocial behaviour. However, neighbourhood policing has declined to such an extent in the last decade that many of the bonds of trust and respect between the police and local communities have been lost. We are going to bring back neighbourhood policing and ensure that thousands of additional officers are out patrolling towns and communities as part of our mission to make streets safer. Neighbourhood policing sits at the heart of the British policing model, and it is a critical building block in helping communities feel safe. We are determined to restore confidence in policing to record levels and restore the vital connection between the police and the communities they serve. That is why we are also working with policing to implement a new neighbourhood policing guarantee, restoring patrols to town centres, recruiting thousands more personnel and ensuring that every community has a named officer to turn to. We recognise that no single agency can reduce antisocial behaviour alone, and that doing so requires that important partnership. For our part, the Government will ensure that the police, local authorities and other agencies have the powers they need to respond to antisocial behaviour. The powers in the Anti-social Behaviour, Crime and Policing Act 2014 do not go far enough. We will put that right by introducing the respect order. Under the new measures, persistent adult perpetrators of antisocial behaviour will face tough restrictions, including bans on entering areas where they have behaved antisocially, such as town centres or other public places. Anyone found breaching a respect order, which my hon. Friend the Member for Hemel Hempstead referred to, will face being arrested and could end up behind bars. We will pilot these measures initially, to ensure that they are as effective as possible, before rolling them out across England and Wales. These changes are long overdue. My hon. Friend mentioned the harm that drugs can do to communities. Tackling illegal drugs is key to delivering the Government’s mission. We know from the crime survey for England and Wales that people using or dealing drugs is commonly among the top three antisocial behaviour issues for people in their area. The police have a critical role to play in cracking down on drugs misuse and antisocial behaviour. We are working with the police to support and increase voluntary referrals into treatment. Diverting those who use illegal drugs into interventions such as drug treatment services is key to reducing drug misuse, drug-related crime and reoffending. We support the use of drug testing on arrest and out-of-court resolutions to ensure that individuals who commit drug and related offences are given the opportunity to change their behaviour by diverting them to meaningful and appropriate interventions. The hon. Member for South West Hertfordshire (Mr Mohindra) asked what is different since the Labour Government came into power. County lines is the most violent model of drugs supply and a harmful form of child criminal exploitation. Gangs exploit children and vulnerable adults to move and store drugs and money, often using coercion, intimidation, violence and weapons. Since July 2024, police activity through the county lines programme has resulted in over 400 county lines being closed and hundreds of arrests. Alongside that, the police have identified and referred over 800 children and vulnerable people for safeguarding and support, while over 200 young people have been supported by our specialist victim support services provided by Catch22. We will continue to provide dedicated support for children and young people to escape county lines and child exploitation. That goes hand in hand with our manifesto commitment to roll out further support through the young futures prevention partnerships, identifying at-risk children and young people and making better use of the existing youth services provision. The hon. Member for Harpenden and Berkhamsted (Victoria Collins) raised the important issue of retail crime. As the Home Secretary set out in her speech to the Labour party conference, the Government will introduce a new offence of assaulting a retail worker to protect hard-working and dedicated staff. That is long overdue. We will also end the effective immunity for shop theft of goods under £200. Shop theft of any amount is illegal, and by repealing the relevant legislation we will ensure that everyone knows that. I thank my hon. Friend the Member for Hemel Hempstead and all Members who have contributed to this important debate. Antisocial behaviour is clearly an issue of substantial concern in his constituency, as it is all over the country. We have to grip it and, through our safer streets mission, that is precisely what the Government intend to do. Question put and agreed to.
- 22 Jan 2025 · Certificate of Common Sponsorship · Hansard source
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It is a pleasure to serve under your chairship, Dr Huq. I thank my hon. Friend the Member for Poole (Neil Duncan-Jordan) for securing this very important debate and thank those who have spoken from the Back Benches, including my hon. Friends the Members for Congleton (Mrs Russell), for Montgomeryshire and Glyndŵr (Steve Witherden), and for Truro and Falmouth (Jayne Kirkham), and the hon. Members for Strangford (Jim Shannon) and for Bristol Central (Carla Denyer). Before I make any further comments, I assure the hon. Member for Strangford that I am very happy to meet him, as always, and indeed I will be visiting Scotland to talk about a number of the issues he has raised today. The shadow Minister, the hon. Member for Weald of Kent (Katie Lam), made very similar comments to her speech in the last debate that we were in. I think we can all agree that the immigration system needs to be fair, controlled and managed—much better managed that the chaos that we inherited. Many issues in the design of the health and care visa system contribute to the problems we see today. It is important that that is understood and acknowledged in this debate. I want to make a broad point: although I will hopefully address a number of the issues raised today, perhaps with some more positive input than may have been understood from some of the recent changes we have made, we understand that our net migration does need to come down from the record highs that we saw under the last Government. We have supported some of the rule changes brought in, including the stopping of dependants, which hon. Members will know. In that spirit, it is important to say that the Government recognise the vital contribution that care professionals from overseas make to our social care sector. We do share my hon. Friend the Member for Poole’s concerns about the treatment of international workers in the care sector. A number of the issues they face are also faced by others from within the UK who are working in the same sector, and I will highlight some of the work we are doing to enact reforms that will be in the interests of all in this very important sector for our country. My hon. Friend secured this debate in support of a proposal by Unison, as he outlined. I thank Unison for the considerable research and work it does in this area. I look forward to meeting the organisation to discuss not just these issues and its proposal, but its wider insights on issues facing workers. I hope that in this debate I can address some of the concerns raised and set out both what we are already doing, which I think goes quite a long way to addressing those concerns, and why addressing those concerns continues to be a high priority for this Government. Hon. Members will be aware that in 2020 the previous Government introduced the health and care visa, which recognises the crucial contribution made by our international health and care workers. Those visas involve significantly reduced visa fees, as well as a quicker processing time and a dedicated Home Office team to process applications. Since February 2020, UK employers have been able to use this route to recruit people from overseas to work as carers. Under the previous Government, the number of carers recruited grew beyond expectations, and it is for that reason as well that this Government have maintained the measures the previous Government introduced in the spring of 2024. The changes brought in by these new visas were stood up at pace by the previous Government to address what had become acute shortages in the adult social care sector. The issues the sector was facing had not been addressed and became a crisis—not unlike other workforce challenges—and they were then worsened by the covid-19 pandemic. The safeguards that should have been put in place when setting up these visas were not as effective as they could have been, and we have seen a range of abusive and exploitative practices in the sector. These have ranged from employers not having the work to fulfil workers’ contracts to abhorrent practices such as the housing issues that have been talked about, unfair shifts, pay and documents being withheld, and modern slavery. Hon. Members have also spoken about a lack of dignity, and a fear of taking holiday or sick leave or of speaking up when issues are faced. These are serious concerns and must be addressed. That is why, in the autumn, I met colleagues in the Department of Health. At that meeting, I discussed these issues and the progress of actions that have already been taken, looking at where we might see longer-term plans for the care sector. As has been referenced in today’s debate, the recently introduced Employment Rights Bill establishes a framework for fair pay agreements, through which an agreement for the adult social care sector can be negotiated and reached in partnership by employers, worker representatives and others. That is yet another example of the Government taking steps and actions to address the serious issues that have been outlined. The Minister for Care and I will be discussing these issues further with our counterpart at the Ministry of Housing, Communities and Local Government, recognising local government’s stake in these issues, to understand how our Departments can come together and work more collaboratively. Although the motion moved by my hon. Friend the Member for Poole focuses on health and care workers, it is worth mentioning that these issues seem to be particularly prevalent in lower-paying sectors such as care. In other areas of the health sector, the sponsorship system seems to be working well, with little need for significant Home Office intervention. However, I want to set out the steps we are taking to assist affected workers and the action that is already being implemented to tackle rogue employers. First, we have seen that jobs in the care sector often do not have enough hours to support the workers who have been recruited to come to the UK. It is in no one’s interest to grant care worker visas when there is no guaranteed care work for visa holders to come to; that does not support care needs or our constituents, and it can also leave visa holders unable to support themselves in the UK without access to public funds. UK Visas and Immigration is applying the genuine vacancy test with a clearer understanding of the care sector’s recruitment processes and practices, to make sure that sponsors prove that the job is required and that they have enough work to ensure that the person will be doing the proposed job and paid the required salary. That is vital, given that international recruits on those contracts do not have recourse to public funds. In the case of care workers who have come to this country in good faith to support these sectors and our constituents, but who have been left without a licensed sponsor, the Department for Health and Social Care has been working closely with the Home Office to design a process that will support those displaced care workers into new roles within the adult social care sector. Government officials, alongside 15 regional hubs in England made up of local authorities and directors of adult social services, are working together to support displaced workers into new roles. These regional partnerships have received £16 million this financial year to support them to prevent and respond to unethical practices in the sector. That includes providing funding support to help international recruits understand their rights. It also includes establishing operational processes with regional partnerships to support individuals to switch employers and remain working in the care sector in which they have been impacted when, for example, their sponsor’s licence has been revoked. We need to build on the progress that has already been made. It is important to note that, as part of that process, workers in adult social care roles receive a bespoke letter direct from the Home Office that notifies them if their sponsor’s licence has been revoked. It also gives them the directions and contacts, so that they can get in contact with their regional partnership hub if they want to secure new employment and new sponsorship. The letter is sent before the visa cancellation process starts and is designed to give workers in adult social care the time to access assistance. I am keen to see the process made quicker, and I will work with ministerial colleagues to ensure that that is the case and that the process is as effective as it can be. Where a worker believes that they are being exploited, but their sponsor is not yet subject to Home Office compliance action, the Government encourage them to come forward to regional hubs. Although the service is primarily for care workers whose employer’s sponsor licence has been revoked, we would expect support to be offered to other care workers who approach those hubs. I understand that some workers will be fearful, but I would encourage them and send them this message: they should come forward to report their experiences and secure help. For care workers specifically, the Home Office will waive priority service fees for applications supported by regional hubs. Those who have come to the UK legitimately to support our care sector should be given the best opportunity to do so and be treated with fairness and respect. That is why the Government are also stepping up action against rogue employers. The Government have made clear our intention to crack down on those employers who are abusing the immigration system, and we will prevent them from sponsoring overseas workers. That will benefit all workers across our points-based system. Let me turn specifically to the issue of employers passing on sponsorship costs to their workers, which has been raised by a number of hon. Members and is an outrageous practice. It has always been the intention that those benefiting from the recruitment of overseas workers should bear the costs of that sponsorship, and the Government believe that to be typical of most good employers. However, there are a small number of employers who have sought to load their sponsorship costs on to lower-paid international workers, and that must be stopped. I am pleased to confirm that the Home Office has implemented policy changes to address that practice by skilled worker sponsors, including in the health and care sector. Those sponsors are now prevented from passing on the costs of acquiring a sponsor licence or of assigning the certificate of sponsorship, as well as any administrative and legal costs associated with having and using a licence. It is our intention to go further and implement that more broadly across all sponsored work routes. As we set out before Christmas, the Government intend to go further and ban any employer who flouts employment laws from engaging with the immigration system. Visa and employment laws will be brought into closer alignment. Our sponsorship system will also reflect measures being driven and delivered by our Employment Rights Bill, which is currently going through Parliament. The Home Office will ensure that new protections set out in the Bill and the work of the flagship fair work agency are integrated into the sponsorship framework, strengthening the existing measures designed to prevent the mistreatment and exploitation of sponsored workers. Although a key objective of the sponsorship system is to ensure that international workers are protected against modern slavery and other labour abuses, the Government recognise that the requirement to be sponsored and the worker’s reliance on their sponsor can, in some circumstances, make it more difficult for sponsored workers to change their employer. Those who wish to seek alternative employment can do so if they have a job offer from a Home Office-approved sponsor and make a new application. They are able to do that at any time, and do not need to wait until their sponsor is no longer able to employ them. Individuals have different options, depending on their circumstances, and can seek advice from an accredited immigration adviser. If a sponsored care worker has lost their job because the sponsor’s licence has been revoked, they should, again, contact their regional support hub for assistance, as people who have been the victim of exploitation. The most important thing is that these individuals are supported to use the process and are able to make an application, which will enable them to regularise their stay. Anything short of that risks leaving them in a more vulnerable position, and we want to do everything we can to ensure that that is prevented. Finally, we are deeply concerned by reports of unethical practices relating to international recruits in the care sector. That is why we are taking decisive steps to address the issue, and why UK Visas and Immigration continues to investigate and take action alongside partners where evidence of abuse is found. It is engaging with the Gangmasters and Labour Abuse Authority and other relevant agencies to hold employers to account, and working with the Department for Health and Social Care to support impacted workers. In conclusion, we continue to look at the best approaches for the immigration system, but it is important to note that the sponsorship compliance regime has exposed widespread abuse and stripped hundreds of rogue employers of their ability to recruit internationally. The system is therefore key to ensuring that future workers receive the pay and conditions promised when they applied for their visa. Although we recognise the issues raised today, there is also much more work to do urgently to improve the system. We are utterly committed to doing that and to working with colleagues across the House to make those changes and improvements a reality.
- 20 Jan 2025 · Family Visas: Income Requirement · Hansard source
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I do not think that the hon. Gentleman was in the Chamber at the start of the debate.
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