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Nationality and Borders Bill - Sitting 16
04 November 2021
Type
Public Bill Committee
At a Glance
Issue Summary
Tom Pursglove discusses the new clause proposed for granting the right of abode to former British-Hong Kong service personnel and their families. Tom Pursglove addresses concerns raised about transparency and accountability regarding deaths of individuals subject to asylum and immigration powers in the UK. Tom Pursglove discusses the Government's position on exempting international volunteers from the immigration health surcharge. Tom Pursglove is addressing the application of the immigration health charge on charity workers and volunteers. The MP discusses a new clause aimed at ensuring the Government proactively promotes British citizenship rights and provides information to those entitled to it. Tom Pursglove responds to Paul Blomfield's statement on new clause 23 of the Nationality and Borders Bill, which aims to require the Government to publish an annual summary of safe and legal routes for refugees. The statement discusses the UK's resettlement schemes and safe legal routes for refugees. The statement addresses the Nationality and Borders Bill and proposes an amendment to extend financial support and accommodation for refugees beyond their initial status grant. The statement addresses extending the current 28-day 'move on' period for newly recognized refugees to 56 days. The statement discusses the implementation of initiatives aimed at improving outcomes for refugees during their 28-day 'move on' period in asylum accommodation. The statement discusses a new clause that allows individuals whose asylum visa applications from France have been refused to appeal to the First-tier Tribunal. Tom Pursglove addresses the Nationality and Borders Bill, specifically responding to new clauses proposed by Neil Coyle that aim to establish a humanitarian visa route and right of appeal for certain individuals in France seeking asylum in the UK. The statement addresses the need for a strategy regarding the accommodation of asylum seekers under Home Office provisions. Tom Pursglove addresses concerns raised by Neil Coyle regarding the accommodation conditions for asylum seekers, particularly in hotels. The statement discusses the proposal for new clause 43 in the Nationality and Borders Bill that seeks to incorporate an entitlement to independent guardians for separated and trafficked children. The statement addresses a new clause that would amend the Education and Inspections Act 2006 to require OFSTED to inspect the performance of independent child trafficking guardians. Holly Lynch is proposing new clauses to amend section 48 of the Modern Slavery Act 2015 to ensure independent guardians are provided for child victims of trafficking and separated children. Tom Pursglove discusses the existing provisions and plans for independent child trafficking guardians under the Modern Slavery Act 2015, addressing new clauses proposed by other Members. Tom Pursglove addresses the Nationality and Borders Bill, discussing the government's policy on allowing asylum seekers to work in the UK. Tom Pursglove addresses concerns about relaxing the right-to-work policy for asylum seekers and its potential impact on illegal migration. MP Tom Pursglove is addressing concerns about a proposed new clause that would expand family reunion policies for asylum seekers. Tom Pursglove is discussing the Nationality and Borders Bill and its impact on the asylum system. The statement addresses the disclosure of international agreements aimed at preventing unlawful border crossings. Tom Pursglove is addressing concerns about sharing sensitive information with France regarding illegal crossings in the Channel. The statement discusses a proposed new clause that would shorten the route to settlement from 10 years to five years for children and young people who have grown up in the UK. The statement discusses a new clause aimed at amending the Children Act 1989 to provide safety plans for child victims of human trafficking. The statement addresses the issue of protecting child victims of modern slavery and preventing their retrafficking. The statement addresses concerns about the implementation and effectiveness of the British National (Overseas) visa scheme, particularly regarding its impact on young Hong Kong nationals. Tom Pursglove addresses concerns about the British National (Overseas) visa scheme for Hong Kong residents, discussing its success and the need to ensure it supports those in danger. MP Stuart McDonald moves New Clause 53 to probe the Government's increased use of GPS monitoring for immigration purposes and its lack of safeguards. Tom Pursglove discusses the proposed new clause regarding electronic monitoring for foreign national offenders. Tom Pursglove responds to Stuart McDonald's statement regarding family visas and remote areas pilot scheme. The statement addresses concerns regarding remote areas pilot scheme and expresses hope for a review of the salary threshold for family visas. The statement discusses amendments to the Immigration Act 1971 and the Immigration, Asylum and Nationality Act 2006. The MP is thanking various individuals and organisations involved in the Nationality and Borders Bill Committee proceedings.
Action Requested
Pursglove asks the hon. Member to withdraw the new clause due to concerns about public service impacts, costs, and justification for this specific cohort's rights compared to others from colonial garrisons.
Key Facts
- New Clause 5 would grant right of abode in the UK to former British-Hong Kong service personnel and their spouses and dependents.
- Former personnel could have acquired BNO status between 1986 and 1997, providing a route to settlement through the BNO visa launched in January this year.
- The Government considers public service impacts and additional costs of granting such rights.
- The Home Office currently publishes data annually on deaths of people under its care in immigration detention.
- There were no deaths in detention in 2020 and just one in 2019 due to natural causes.
- Some individuals in the asylum and immigration system may leave the UK without informing authorities, complicating efforts to track their status or notify about their death.
- The temporary work-charity worker visa allows international volunteers to undertake unpaid voluntary fieldwork for up to 12 months.
- Volunteers must not receive any payment beyond being reimbursed for expenses incurred during their duties.
- The immigration health surcharge applies to individuals staying more than six months in the UK and has raised almost £2 billion since its introduction in 2015.
- The Government exempted health and social care workers from the immigration health charge during the pandemic.
- Volunteers and those on some other routes, such as the youth mobility scheme or standard visitor visa, may be charged for healthcare services in line with devolved health administration rules.
- The charity worker visa is subject to the immigration health charge.
- The new clause aims to place an obligation on the Government to promote British citizenship rights.
- Both UK Visas and Immigration and HM Passport Office publish information and guidance on gov.uk.
- The Home Secretary can disapply requirements in special circumstances, such as deferring biometric enrolment.
- Tom Pursglove thanks Paul Blomfield for tabling new clause 23.
- The clause would require annual summaries of safe and legal routes to refuge in the UK, including eligibility criteria and application process.
- It also requires reporting on resettlement targets each year.
- Since 2015, more than 25,000 refugees have been resettled directly from regions of conflict.
- On 25 February 2021, a commitment to resettle 20,000 refugees under the vulnerable persons resettlement scheme was completed.
- The UK announced a new resettlement scheme on 18 August to relocate up to 20,000 people at risk over the long term.
- Over 37,000 partners and children of those granted protection in the UK have been reunited since 2015.
- The amendment would extend the current 28-day period to 56 days.
- It allows the Secretary of State to prescribe a different period, but no less than 56 days.
- New Clause 24 was read for the first time.
- Extending the 'move on' period to 56 days could save between £4 million and £7 million annually.
- Local authorities would benefit from a reduction in temporary accommodation costs of more than £2 million per year.
- The average wait for a new national insurance number is 10 to 12 weeks, longer than the current 28-day 'move on' period.
- The Government has implemented several initiatives with the aim of securing better outcomes for refugees during their 28-day 'move on' period.
- Migrant Help is funded to contact refugees at the start of the 28-day period and offer practical assistance, including advice on claiming universal credit.
- All applicants for universal credit received their first payment on time (35 days from application) in a survey evaluating the scheme.
- If an application by a person (P) for entry clearance under clause [Asylum visa for persons in France] is refused, P may appeal to the First-tier Tribunal.
- The provisions of the Nationality, Immigration and Asylum Act 2002 apply to such appeals as if they were against a decision of the Secretary of State.
- In an appeal, the First-tier Tribunal will allow it if satisfied that P is a relevant person.
- Tom Pursglove responds to new clauses proposed by Neil Coyle.
- The new clauses aim to establish a humanitarian visa route and right of appeal for certain individuals in France seeking asylum in the UK.
- Pursglove urges Coyle to withdraw the new clause.
- The new clause would require the Home Secretary to publish a strategy within two months of Royal Assent on the accommodation of asylum seekers.
- The strategy aims to ensure equitable distribution of accommodation across England, Scotland and Wales, provide financial support to local authorities, and offer legal advice and support from non-governmental bodies to accommodated asylum seekers.
- Napier barracks has been extended for five years using a special development order despite previous court rulings questioning its standards.
- Hotels are provided as a contingency due to lack of availability of other accommodation.
- NGOs have been introduced on site for assistance and advice.
- Unaccompanied asylum-seeking children (UASC) may be accommodated in hotels, but not other children.
- New clause 43 seeks to amend the Modern Slavery Act 2015.
- The amendment aims to provide children suspected of being victims of modern slavery or human trafficking with independent child trafficking guardians.
- Guardians would be appointed until the age of 25 if it is in the best interests of the child.
- The new clause amends the Education and Inspections Act 2006.
- It inserts a requirement for the Chief Inspector to inspect independent guardians' performance.
- Reports must be made to the Secretary of State and Independent Guardians.
- In 2020, 47% of referrals to the national referral mechanism were children.
- 51% of referrals for UK-based exploitation were for child criminal exploitation.
- The UK received 2,756 applications for asylum from unaccompanied children in the year ending June 2021.
- Scotland and Northern Ireland have made more progress in providing comprehensive independent guardians models.
- Provision for independent child trafficking guardians exists under section 48 of the Modern Slavery Act 2015.
- The Government are trialling support beyond age 18 in London, West Yorkshire and Warwickshire.
- Independent child trafficking guardians operate in two thirds of local authorities in England and Wales.
- The current policy allows asylum seekers to work after a 12-month wait if delays were not due to fault of their own.
- Asylum seekers are restricted to jobs on the shortage occupation list.
- The policy aims to protect the resident labour market and prioritize employment for British citizens and those lawfully resident in the UK.
- The government is committed to considering asylum claims without unnecessary delay.
- Those granted asylum have immediate unrestricted access to the UK labour market.
- A review of the 2018 report on asylum seeker right-to-work policy is currently under way.
- The new clause would allow extended family members to claim asylum in the UK.
- It is global in scope, potentially affecting hundreds of thousands of people.
- The Government supports family unity but emphasizes focusing resources on immediate pre-flight families.
- The number of non-straightforward cases awaiting a decision has grown rapidly since October 2018.
- Former Ministers agreed to move away from the service standard of six months from the date of claim due to the growing backlog.
- Pursglove and his colleagues want to reintroduce a service standard aligned with changes brought about by the new plan for immigration.
- The UK has entered into agreements with France in July 2021 and November 2020 regarding illegal migration.
- The Sandhurst treaty underpins the UK's illegal migration relationship with France.
- Sensitive details relating to the UK and international partners cannot be disclosed due to operational reasons.
- The Government feels unable to support the new clause.
- There is a risk that increased security could encourage smugglers to use riskier methods.
- The Secretary of State must amend the Immigration Rules within two months if the Act passes.
- The new clause aims to reduce the settlement route from 10 years to five years for children and young people who grew up in the UK.
- More than 330,000 children and young people who came to the UK as children have precarious immigration status.
- Costs for leave to remain applications have risen by 331% since 2014.
- The Home Office is planning to consolidate changes in the immigration rules within the next 12 months.
- New Clause 51 aims to amend the Children Act 1989.
- The clause includes amendments to sections 22 and 22C of the Act.
- It mandates local authorities to consider safety plans for child victims of human trafficking.
- As many as one in four identified trafficked children were reported as having gone missing in 2017.
- The average number of missing incidents for each trafficked child increased from an average of 2.4 times to 7.4 times between 2014-15 and 2017.
- A Home Office report highlighted limited availability of specialist provision and a lack of resources within local authorities regarding accommodation for child victims.
- Sarah, a looked-after child in Worcestershire social services, died at the age of 17 after being placed in inappropriate semi-independent living arrangements.
- British National (Overseas) visas may not be working as intended, especially for younger Hong Kong nationals.
- Younger pro-democracy activists face exclusion from the BNO visa scheme due to age-related restrictions on passport issuance.
- The Home Affairs Committee raised concerns about gaps and loopholes in the BNO scheme's implementation.
- The Hong Kong BNO route was launched on 31 January 2021.
- As of June 30, approximately 64,900 applications were made by BNO status holders and their family members.
- An impact assessment published on October 22, 2020 projects a net benefit to the UK of between £2.4 billion and £2.9 billion over five years.
- New clause 53 aims to probe the Government's increased use of GPS monitoring for immigration purposes.
- Concerns include lack of safeguards and limits on the use of electronic monitoring and data from GPS tracking.
- The criminal justice system has strict limits on how long electronic monitoring is used and in what circumstances.
- FOI response shows 43 cases of absconding out of 7,000 people granted bail between February 2020 and March 2021.
- Electronic monitoring was a Government manifesto commitment.
- The Immigration Act 2016 passed primary legislation for electronic monitoring of foreign national offenders.
- Compliance with bail conditions, including electronic monitoring, will be reviewed quarterly and is a major factor in deciding if it remains a condition of bail.
- The Migration Advisory Committee is an independent, non-statutory public body advising on migration issues.
- The minimum income requirement for family visas was implemented in July 2012 and has not changed since.
- The MAC recommended a pilot for remote work visas in January 2020 but the Government did not accept it.
- The UK's immigration system is designed to be single and flexible, applicable across all areas.
- The remote areas are suffering from labour shortages and economic challenges.
- There is a possibility of reviewing the salary threshold for family visas.
- The statement introduces new Schedule 19B into the Criminal Justice Act 2003.
- Amendments include inserting new subsections (1A) into sections of the Immigration Act 1971.
- The amendments clarify that 'offshore worker' and 'United Kingdom waters' have consistent meanings throughout relevant sections.
- Additional provisions are added to extend enforcement powers under the Immigration, Asylum and Nationality Act 2006 to cover actions in territorial sea adjacent to the UK.
- The MP thanked Clerks Sarah Thatcher and Rob Page for their assistance.
- Opposition spokesmen were commended for their detailed preparation and support.
- Parliamentary Private Secretaries and officials were thanked for behind-the-scenes work.
- Multiple organisations supporting women’s rights, anti-slavery efforts, and safety initiatives are listed.
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