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Nationality and Borders Bill - Sitting 5

19 October 2021

Proposing MP
Herne Bay and Sandwich
Type
Public Bill Committee

At a Glance

Issue Summary

The statement is about the consideration of amendments to Clause 1 of the Nationality and Borders Bill regarding historical inability of mothers to transmit citizenship. Roger Gale is addressing the Nationality and Borders Bill, specifically discussing the debate process and clarifying when amendments can be spoken to during committee proceedings. The statement discusses amendments to correct historical injustices in UK nationality law, particularly regarding citizenship rights for individuals whose mothers could not pass on British overseas territories citizenship in the same way fathers could. The statement discusses amendments aimed at correcting discrimination against women in British overseas territories citizenship laws. Roger Gale is discussing amendments that would prevent the Secretary of State from charging fees for specific British citizenship and overseas territories citizenship applications. The statement addresses proposed changes to the fees for registering as a British citizen or British overseas territories citizen. The statement discusses amendments related to nationality registration fees for individuals who have been wronged by past discriminatory laws. The MP is discussing the principle of fees for citizenship and passport services reflecting only the costs of delivering these services. The MP discusses the impact of immigration fees on vulnerable individuals, highlighting specific cases to illustrate the unfairness and burden these fees place on people's lives. The statement discusses the impact of high fees and bureaucratic barriers on refugees and asylum seekers trying to renew their status or obtain citizenship. The statement addresses concerns about the delays and costs associated with accessing rights and entitlements under the Nationality and Borders Bill. The MP discusses issues related to the Nationality and Borders Bill, focusing on the impact of long processing times for citizenship applications and the high costs associated with them. Roger Gale is addressing concerns about the Nationality and Borders Bill's failure to address issues related to child citizen fees and no recourse to public funds conditions. The statement discusses the Nationality and Borders Bill's provisions related to fees for citizenship applications. The statement addresses concerns regarding child citizenship fees and the Home Office's approach to assessing best interests of children. Roger Gale discusses the Nationality and Borders Bill and states that there is no need for a stand part debate on Clause 2. The statement addresses historical injustices in British nationality law, particularly regarding the discrimination against children born out of wedlock to unmarried British fathers and those from British overseas territories.

Action Requested

Roger Gale proposes amendment 84, which modifies the language in Clause 1 to ensure that both mother and father are treated equally when considering historical transmission of citizenship. The amendments aim to correct past inequalities.

Key Facts

  • Amendment 29 is proposed by Bambos Charalambous.
  • Amendment 84 is proposed by Roger Gale.
  • Amendments are grouped by subject matter, not the sequence in which they were tabled.
  • Members may speak to amendments 29 and 84, even though 84 has not been moved.
  • Any member can speak to any of the second grouping of amendments: 8, 9, 10, 11, 12, and new clause 16.
  • Neil Coyle inquired about the necessity of declaring interests during each contribution or once per sitting.
  • The amendments seek to correct discrimination against women and their children regarding the passing on of citizenship.
  • The Bill raises profoundly important issues but has fundamental disagreements with many aspects.
  • Campaign groups such as Project for the Registration of Children as British Citizens, Amnesty International, and BTOC have been instrumental in bringing these changes.
  • The amendment aims to fix discrimination against women in British overseas territories citizenship laws.
  • Section 4C of the British Nationality Act 1981 allows for correcting injustices related to mothers not being able to pass on citizenship in the same terms as fathers.
  • The current Bill uses the term 'had P’s parents been treated equally', which is seen as unclear and potentially problematic.
  • Amendment 8 would prevent fees for British overseas territories citizenship applications due to historical inability of mothers to transmit it.
  • Amendment 9 addresses unmarried fathers' ability to transmit British overseas territories citizenship without a fee.
  • Amendment 10 prevents fees for certain British overseas territories citizens applying for British citizenship.
  • Amendments 11 and 12 prevent fees on applications for British or overseas territories citizenship by people previously denied due to historical unfairness, public authority acts/omissions, or exceptional circumstances.
  • No person may be charged a fee higher than the cost to the Secretary of State.
  • Children in local authority care are exempt from fees.
  • Unaffordable fees for children should not be imposed.
  • Amendments provide for no fee for registration applications under clause 1.
  • Clauses 2, 3, and 7 seek to remedy other injustices related to British overseas territories citizenship.
  • The Home Office currently charges £1,112 for child registration and £1,206 for adult registration.
  • Registration fees have been ramped up since 2007 from around £30 to over £1,000.
  • Fees for citizenship and passport services should reflect only the cost of delivering these services.
  • There are concerns that current fees could be seen as profit-making by the Home Office.
  • The MP maintains that high fees can be justified if they cover man hours spent and time needed to check applications.
  • Home Office made profits of £500 million in 2018 by charging more than it cost to process fees.
  • The MP mentions two cases involving vulnerable individuals affected by high immigration fees.
  • Fraser's village in Sudan was destroyed, forcing him to become an asylum seeker.
  • It took Fraser six years beyond initial eligibility to obtain British citizenship due to unaffordable fees.
  • Matthew had leave to remain but could not afford the £2,000 renewal fee and faced eviction from his housing association.
  • Spire View Housing Association provided Matthew with a fuel card, food vouchers, and assistance to help him get back on his feet.
  • The process takes at least six months to recruit someone from Japan under current rules.
  • A financial sector firm moved to Frankfurt where the process took two weeks instead of six months.
  • At the end of March 2021, 66,000 people were waiting for initial decisions from the Home Office.
  • Of those, 56,000 had been waiting more than six months.
  • The number of people waiting over a year for a decision has risen tenfold since 2010, with 33,000 people in that position in 2020, including 7,000 children.
  • 2,500 people are waiting more than three years and at least two examples exist of people waiting over a decade for Home Office decisions on their status.
  • Ade Ronke's case took seven years to resolve her son's citizenship status due to bureaucratic delays.
  • The cost to process citizenship in the UK is 10 times higher compared to France, Spain, and Canada.
  • A 10-year route to settlement now costs an adult £12,761.
  • Children face a cost of £1,012 for an application or £11,221 for the 10-year route to settlement.
  • The High Court ruled that the child citizen fee was unlawful after a legal challenge by the Project for the Registration of Children as British Citizens in December 2020.
  • The Court of Appeal upheld this ruling in February.
  • London councils are spending £53 million a year on emergency social services for children subject to no recourse to public funds conditions.
  • Fees for immigration and nationality applications have been charged under powers set out in the Immigration Act 2014.
  • The Home Office's profit margin from some processes is reported as high as 86% by Neil Coyle.
  • Amendments aim to limit the Secretary of State’s power to charge a fee for applying for British overseas territories citizenship.
  • The Government is currently facing legal challenges in the Supreme Court regarding child citizenship fees.
  • Any child in local authority care can apply for leave to remain without paying application fees, regardless of nationality.
  • Information about becoming a British citizen is available on gov.uk and efforts are made to ensure accessibility.
  • Roger Gale speaks about the Nationality and Borders Bill.
  • There is no need for a stand part debate on Clause 2.
  • No amendments are proposed for Clause 2.
  • Before 1 July 2006, children born out of wedlock to British unmarried fathers could not automatically acquire British nationality.
  • Registration provisions were introduced under sections 4E and 4I of the British Nationality Act 1981 for mainland UK children but not for those from British overseas territories.
  • Clause 2 will insert new sections 17B and 17G to rectify this issue for adult children born before 1 July 2006 who did not acquire rights as British overseas territory citizens due to their parents' unmarried status.
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