Caroline Nokes
MP for Romsey and Southampton North · Conservative · United Kingdom
“I thank the right hon. Gentleman for his point of order. He will be conscious that there are in the region of 15 more Members wishing to speak in this debate, and we have not yet heard from the Minister, so I am not minded to accept a closure motion at this point.”
“(3) For paragraph (3A) substitute— “(3A) The returning officer shall also provide each polling station with such equipment as is necessary to ensure that relevant persons are able to vote independently and in secret, including— (a) tactile equipment that enables the voter to navigate the ballot paper and accurately mark their chosen candi…”
“(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 50 metres of such station, for the purpose of promoting the interest of a political pa…”
“New clause 97— Power of Electoral Commission to require disclosure from financial institutions — “In Schedule 19B of the Political Parties, Elections and Referendums Act 2000 (investigatory powers of Commission), after paragraph 1 insert— “Power to require disclosure from financial institutions 1A(1) The Commission may give a disclosure n…”
“() In paragraph 6 of schedule 6 (Donations from impermissible donors), after “section 54(1)(a)” insert— “or section 55B.” (8) In Schedule 20, in Table after Section 56(3) or (4) (failure to return donations) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year” Insert— Section 55A(8) (cap on donations) On sum…”
“(2) The specified elections for the purposes of subsection (1) are— (a) UK parliamentary elections, and (b) local government elections in England and Wales.”
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“In 2016, more than 38 million people visited the UK. Those visitors in combination spent more than £22.5 billion. VisitBritain forecasts that in 2018 we will welcome close to 42 million visitors, who are projected to spend almost £27 billion. More specifically, the Government recognise the importance of family ties. Families should be able to spend quality time together, take part in important family events and build strong connections.”
“Some 97% of non-settlement visa applications were decided within the standard processing time of 15 working days. [Stewart Hosie in the Chair ] It is important to reflect that UKVI works hard and at scale to process the number of visas it processes. It is completely incorrect and misleading to suggest that visa decisions are based on nationality bias. All applications are and must be considered on their individual merits and in line with the immigration rules, regardless of the nationality of the applicant. The Government of course welcome genuine visitors to the UK. We want people to come here on holiday and to visit family, to study and do business here. It is a key Home Office goal that, as well as keeping the country safe, we should contribute to the prosperity of the United Kingdom.”
“I am painfully conscious of the human impact of those mistakes—the missed graduation ceremonies, births and marriages at which families had wished to come together and celebrate, and the occasions when families had wished to come together to mourn. I know how difficult those situations are. I do not wish to come across from the outset as unsympathetic, but I am going to point out the scale of visitor visa applications and of the visa and immigration service more generally, and the rate and average speed at which visas are granted. In the year to December 2017, UKVI received just over 3 million visa applications globally, of which 2.7 million were granted. Some 2.1 million visitor visas were granted last year—an increase of 10% on the previous year. The average processing time for a non-settlement visa globally was less than eight days.”
“It is, as ever, a pleasure to serve under your chairmanship, Dame Cheryl, and I congratulate the Chair of the Petitions Committee, the hon. Member for Warrington North (Helen Jones), on introducing this important debate. I thank Members for their contributions and echo the comments of the hon. Member for Bristol West (Thangam Debbonaire) on the work of not only Members’ caseworkers, but UK Visas and Immigration decision makers. I think everyone in the Chamber would agree that their job is not easy. I am not going to pretend that we at the Home Office always get things right. Although I am not in a position to comment on the individual cases that hon. Members raised, it is of course perfectly true that, both as a constituency Member and as Immigration Minister, I see cases where mistakes have been made.”
“All applications, whether lodged at a visa application centre or at the UK border, are assessed case by case according to individual merits and against the part of the immigration rules that relates to why someone is coming to the UK. Visitor visas are available with validities of six months, two years, five years and 10 years, which allows those wishing to visit the UK regularly or at short notice to do so without having to apply for a new visa each time they wish to travel.”
“The hon. Lady is correct to pick that up. I was specific in what I said, which was that, in total, 2.1 million visitor visas were granted. I do not have the number for family visitor visas in front of me, but I am happy to write to her after the debate with that. The petitions we are discussing focus on visitor visas, and I will begin by setting out why we must have them. The first duty of the Government is to keep citizens safe and the country secure, and visas are one of the effective means we have in that regard. They are a good tool for reducing illegal immigration, tackling organised crime and protecting our national security. Nationals of some non-European economic area countries need a visa to visit the UK. However, the requirements that must be met are the same for everyone whether there is a visa requirement or not.”
“That equates to more than 2 million visitor visas issued last year, which is an increase of 10% on the previous year. Those statistics mean little to those who do not get the visa they have applied for, especially if they feel that a mistake has been made in processing the application.”
“Visas are an effective tool for the UK in reducing illegal immigration, tackling organised crime and protecting national security. Automatically approving visas for a select group of people without consistent consideration could also lead to discrimination against people who do not have family members settled in the UK, but have just as valid a reason for wishing to visit. There would also be a danger of additional complexity in the assessment process around how someone confirmed that they were the family member of a British citizen. Unintended consequences could make the application process longer, more difficult and costly for everyone, due to the resources needed to undertake any additional verification that may be required. The vast majority of visitor visa applications made are granted. Last year, the figure stood at 90%.”
“To do so, thereby allowing a select group of people to remain in the UK for two years as visitors, would mean that important considerations against the immigration rules would not be applied consistently, which could raise equality concerns. Visitor visas are available with long validities, which means that people do not have to apply for a new visa each time they want to visit. Additional services are also available that reduce the processing time if, for example, people need to travel urgently. Long-term routes for family members are available; I will address them later. The next petition calls for automatic approval of visas for family members of British citizens. Automatically approving visas rather undermines the benefits that the visa system gives us in border security.”
“There are additional eligibility requirements, including minimum income thresholds, financial sponsorship guarantees from the family in Canada, Canadian medical insurance policies and medical examinations. Facts about applicants’ ties to their home country, as well as the overall economic and political stability of that country, are considered. The UK’s long-held position is that visitors are those individuals who, in the vast majority of cases, come to the UK for a maximum of six months. We do not consider being in the UK for two years at a time as temporary or visiting, and therefore we do not intend to adopt a model like that of Canada.”
“The decision maker looks at all aspects of an individual’s application and makes a credibility assessment against the immigration rules on the balance of probabilities. I turn to the petitions, which call for a new visa category for parents of British citizens similar to that in Canada, automatic approval of visitor visas for families of British citizens and British citizens to be able to appeal the refusal of a family visitor visa. I shall address each in turn. The Canadian super visa permits the parents or grandparents of a Canadian citizen or permanent resident of Canada to visit for up to two years, rather than for six months at a time as is usual.”
“Member for Manchester, Gorton (Afzal Khan) referred to e-visas. I have much enthusiasm for the introduction of electronic travel authorisations, which I very much hope to see when the immigration Bill is introduced. Perhaps I might be able to look forward to his support on that. The immigration rules set out the requirements to visit the UK, usually for up to six months. They apply to all visitors, and all applications are considered on their merits, regardless of the nationality of the applicant. Visitors must satisfy the decision maker that they are genuine visitors to the UK, that what they are coming to do here is allowed and that they will not work or access public funds.”
“Comparisons are not straightforward, but we continue to believe that our visa service stands up well against key competitor countries. Having said that, I accept that we occasionally make mistakes, and I will address that later. We continue to innovate, and our mission to deliver world-class customer service is informed by customer insight. For example, Access UK, a new intuitive online application service, has been successfully rolled out. Within the next few months, almost all customers worldwide will be able to apply for their new visa, visa extension or change of visa type via the new digital platform. UKVI also offers premium services, which mean that a visit visa can typically be processed in five days, and in some locations there is a super-premium service. I am pleased that the hon.”
“If the hon. Lady will be a little generous with her patience, I will come to the point of the three petitions we are considering. I did think it important to give a little context to begin with. I am absolutely committed to ensuring that the UK visa service is high performing, customer focused and continually improving—that last point is important—in terms of both products available and the route to apply for them. There is always room to improve and—as we respond to evolving demands and requirements, harness new technology and reflect customer experiences and needs—we have a good story to tell. As I said, 99% of non-settlement applications were processed within 15 days and the average processing time last year was just under eight days. Overall, customer satisfaction remains high.”
“Asylum appeals and other appeals on fundamental rights issues were therefore also delayed. By the time the appeal had been determined, the circumstances might well have changed. For example, a document relevant to the application may have been found. There was also the possibility that the family event for which the visa was needed had already taken place, in which case the visitor, the person being visited and the appeal system—everyone—lost out. By contrast, the service standard for straightforward non-settlement visa applications is 99% processed within 15 days.”
“The wide-ranging appeals reform introduced by the Immigration Act 2014 means that rights of appeal are now available only in cases involving asylum or humanitarian protection, human rights or rights under EU law. Where someone makes an application for a visitor visa and that application is refused, they will be provided with reasons for that refusal. It is open to those who have been refused to make a fresh application in which they can address any reasons given for the previous refusal. There are practical reasons why a new application is a better approach than an appeal, both generally and for the individual visitor. Before the removal of the appeal right, such appeals accounted for about a third of all immigration appeals and, because of the volume of such cases in the system, they could take up to eight months to be concluded.”
“The hon. Gentleman asks an interesting question, but it is important that visa applications are considered consistently wherever the individual comes from in the world and whether they have family here or not. When we are seeking to attract visitors to the UK, we do not wish to discriminate against people who do not have family members here, which he pointed out was important. That brings me to the third petition, on appeals. As we heard earlier, family visitor appeals were removed by the Crime and Courts Act 2013. At that point, no other type of entry clearance application, including those involving work or study in the UK, carried a full right of appeal in the event of refusal.”
“Locally, teams rigorously interrogate complaints data and respond to arising issues. I reassure Members that the Government are absolutely committed to welcoming genuine visitors to the UK. I take seriously my duty to balance border security and the priority of having a high-performing, customer-focused and continually improving visa service.”
“Speed is important, but also when someone receives a refusal the reasons are given and can be addressed in a fresh application. The removal of the right of appeal for family visitor visas was regarded as a proportionate measure to ensure that a right of appeal was available in the most significant and complex cases and that another avenue—that of making a new application taking into account the reasons for refusal—was available in visitor visa cases. However, I accept that sometimes mistakes are made and I take the distress caused very seriously. I reassure hon. Members that if a customer is unhappy with any aspect of the service they receive, there are routes to provide feedback, request a refund or lodge a complaint. Those are all made clear in the communications that go out to customers at every point of their application.”
“We have engaged with EU citizens at every stage of the development process, and will continue to do so. We will also continue to expand our communications to ensure that EU citizens are aware of the scheme and how it will operate, and to ensure that they are reassured that they will have plenty of time in which to apply for their new UK immigration status. The EU settlement scheme will provide a straightforward way of enabling those who have made their lives in the UK to stay here. We want them to do so. I commend this statement to the House.”
“I do not underestimate the scale of the challenge in successfully processing what may exceed 3.5 million applications, but the Home Office already issues about 7 million passports and 3 million visas each year, so processing applications on the scale required is not new to us. As is now standard for the launch of new Government services, there will be a private beta phase from the summer to enable us to test the system and processes, followed by a phased roll-out from late 2018, so we can test them at scale and ensure that they work effectively. The scheme will be open fully by 30 March 2019. The statement of intent I have published today marks an important point in our preparations for the EU settlement scheme, which will enable EU citizens and their family members to continue living here in much the same way as they do now.”
“The process will be particularly straightforward for those who already hold a valid permanent residence or indefinite leave to remain document, which they will be able to swap for settled status free of charge. Those granted pre-settled status will be able to apply for settled status without paying a further fee. EU citizens and their family members do not need to do anything immediately. There will be no change to their current rights until the end of the post-exit implementation period on 31 December 2020. The deadline for applications under the scheme, for those resident here by the end of 2020, will be 30 June 2021. We plan to start opening the settlement scheme later this year.”
“It is right that we do what is needed to protect everyone who lives in the UK, but we are not concerned with minor offences, and these provisions will not affect the overwhelming majority of EU citizens and their family members. Throughout the process, we will be looking to grant applications, not for reasons to refuse them, and caseworkers will be able to exercise discretion in favour of the applicant, where appropriate, to minimise administrative burdens. A range of user-friendly guidance and support, including a customer contact centre, will be in place to help applicants through the process. Subject to parliamentary consideration of changes to the fees regulations, applications will cost £65, with a reduced fee of £32.50 for children under 16. There will be no fee for children in care.”
“Where possible, the application process will help the applicant to establish their continuous residence here, and whether it amounts to the five years generally required for settled status, on an automated basis using employment and benefit records. This will keep any documentary evidence the applicant is required to provide to a minimum. We recognise that some applicants may lack such evidence in their own name for various reasons, and we will work flexibly with applicants to help them evidence their continuous residence in the UK by the best means available to them. Thirdly, we will check that the applicant is not a serious or persistent criminal and does not pose a security threat.”
“First, applicants will need to prove their identity and nationality. For those who wish to complete the application entirely online, there will be an app that will allow EU citizens to confirm the relevant details remotely either using their own mobile phone or tablet, or at a location established for them to use the app or be helped to do so. Alternatively, they can send us their identity document by post, and a dedicated team will check this and return it to them as soon as possible. Secondly we will establish that the applicant is resident in the UK and, where appropriate, their family relationship to an eligible EU citizen.”
“The scheme set out in the statement of intent will deliver on our commitments to a straightforward process. We are designing the online application form so that it is short, simple and user-friendly. It will be accessible by computer, tablet or smartphone. Assistance will be available for those who need it to complete the online application process. The views of the user groups on the support that may be needed by vulnerable groups will help to ensure that we make the right additional provision for them, through the involvement of community groups and others. There will be three core criteria that people will need to meet to be granted status under the EU settlement scheme: proving their identity, showing that they are resident in the UK, and declaring whether they have criminal convictions.”
“The Government are committed to protecting these rights, and are working closely with Ireland to maintain these bilateral arrangements for our respective citizens. Irish citizens will not need to apply for status under the scheme, but may elect to do so if they wish. Their family members who are not Irish citizens or British citizens will be able to obtain status under the scheme without the Irish citizen doing so. Negotiations on similar agreements on citizens’ rights with the non-EU European economic area states and Switzerland are progressing. While the details of those agreements are being finalised, the statement of intent confirms that we intend that the settlement scheme will be open to other EEA citizens and Swiss citizens, and their family members, on a similar basis as for EU citizens.”
“We look forward to hearing their views, and will make improvements where we can. It will be straightforward for EU citizens residing in the UK to obtain status. If they have lived here continuously for five years, they will be eligible for settled status. Those who have lived here for less than five years will generally be granted pre-settled status and be able to apply for settled status once they reach the five-year point. Applicants will not need to show that they meet other detailed requirements of current free movement rules. This means, for example, that stay-at-home parents, retired people and students can all be eligible. Irish citizens enjoy a right of residence in the UK that is not reliant on our membership of the EU.”
“They are our friends, our family and our colleagues, and we want them to stay. I am therefore delighted to be publishing today further details about the EU settlement scheme. This will provide the basis for EU citizens resident here, and their family members, to obtain their new UK immigration status, consistent with the draft withdrawal agreement. I will place in the Library of the House a statement of intent setting out in detail how the scheme will work, and how simple and straightforward it will be. The document includes a draft of the immigration rules for the scheme. We will engage with our stakeholders on the details set out in the statement of intent. These include the user groups that we have established to help us develop the scheme, involving EU citizens’ representatives, embassies, employers and others.”
“With permission, Mr Deputy Speaker, I would like to make a statement about the new settlement scheme for resident EU citizens and their family members. Securing the rights of citizens has been our priority in negotiations with the European Union. We have delivered on this commitment and reached an agreement with the EU, which was published in March as a draft legal text. This guarantees the rights of EU citizens living in the UK and of UK nationals living in the EU. Under this agreement, EU citizens living in the UK, along with their family members, will be able to stay and continue their lives here, with the same access to work, study, benefits and public services that they enjoy now. Close family members living overseas will be able to join them here in future. EU citizens make a huge contribution to our economy and to our way of life.”
“Importantly, this is the first publication of the scheme, and it gives the statement of intent. We then have a long period before the scheme launches next spring, so that we can be confident we have it right. I do not pretend that this is not a learning process; this is the largest exercise on this scale, and we are determined to listen to our partner organisations, and to citizens groups, to ensure that we make this a success for those EU citizens, who are so important to us.”
“There will, however, be facilities for those who wish to carry out the process on their smartphone—that process can be saved at every point, and people can then verify their documents in a contact centre or through many of the partner organisations with which we are currently working. The hon. Gentleman rightly mentioned that 3.3 million EU citizens live in the UK. That is why we are moving to a private beta testing mode—we need assurance that the system will work, and then to have a phased roll-out. That is very important. We must also reflect that EU citizens have every right to be here, and they will continue to have those rights until the end of December 2020. For two and half years people will be able to register, and we will encourage them to do so.”
“We all have anxieties about the most vulnerable in our society, who may well need assistance. UK Visas and Immigration already has assisted digital schemes, and we want to roll those out to community groups and organisations that already work in local areas, so that support is there for people who may find a digital process difficult. He mentioned iPhones and the chip-checker. The digital application will be available on any computer, tablet or smartphone, but the chip-checker is currently available only on Android. I reassure the hon. Gentleman that the Home Secretary has recently raised that matter with Apple, because of course we would like the chip-checker to work on everything.”
“The hon. Gentleman has raised a large number of points, and alongside him I recognise that post referendum there have been anxieties for EU citizens living in the UK. That is why we are bringing forward details of the settled status scheme. We want to continue our work with—among others—the3million group, to allay those fears. It is crucial to me and the entire Government that we send the clear message that EU citizens living here are welcome. We recognise the contribution that they make to our communities, and we want them to stay. That is why we have brought forward details of the scheme, and I commend to the hon. Gentleman the statement of intent that contains many of those details. The hon. Gentleman raised specific points about vulnerable people, and he was right to do so.”
“I accept that 1 million British citizens live in the EU, compared with the 3.3 million for whom we have responsibility to see through the registration process in this country. Nevertheless, 1 million is still a significant number, and I will continue, in engagement with our European neighbours, to reinforce that point.”
“My right hon. Friend makes an important point about criminal record checks, and all applicants aged 10 or over will be checked against the UK’s national police database and watch lists. Applicants over 18 will be asked about their criminal history in the UK, and indeed overseas. My right hon. Friend has raised a significant point: this is an important, clear offer to EU citizens, which sets out the process that we wish them to go through over the next few years. The Home Secretary has made the point that it is important that UK citizens who live in other EU states should have the same confidence, and we will continue to work with the EU and other member states to reinforce that message.”
“On fees, we have set out very clearly that the agreement reached with the EU allows a fee up to the cost of an equivalent document for UK nationals. The fee of £65 to apply for status under the settlement scheme is in line with the current cost of obtaining a permanent residence document. To charge a lower fee than the current fee EU citizens are charged for permanent residency would of course disadvantage those who have already paid that fee.”
“I thank the hon. and learned Lady for her question. We have been clear from the start that the devolved Administrations should be fully engaged in the process. We have held separate sessions with the devolved Administrations about the design of the settlement scheme and they are also involved in regular conversations with local authorities about communications with EU citizens across the country. The hon. and learned Lady rightly raises the concerns of her constituents. I am sure that every Member will have had constituents come to their surgeries to talk about not simply the process but status after we leave the EU—I know that I have. It is really important that we all reiterate the Prime Minister’s message, which is that we want them to stay. They have contributed a great deal to our country and we wish them to continue to do so.”
“I thank my hon. Friend, who is right to emphasise the need for the scheme to be as user friendly as possible and the importance of consultation. We are already undertaking extensive communications work with various communities across the UK and will continue to do so. We recognise the importance of encouraging EU citizens living here to register in a timely manner before the deadline, and of ensuring they understand that we are introducing a streamlined process and seeking to make it as easy as possible.”
“The right hon. Lady raises some important points, in particular about children. She referenced children in the care system. As I set out in my statement, there will be no fee for them. Local authorities clearly have a significant responsibility to ensure that children in the care system are registered in a timely manner. We will have a proportionate response to those who have not registered before the end of June 2021. We will be working extremely hard to ensure that as many are registered as possible. For those who are here lawfully and have been resident for the required five-year period, we have to ensure that our response takes on board the comments of all people to make sure that no child is disadvantaged.”
“Since coming into this role, I have had the opportunity to engage with a range of ambassadors from across the EU. I will certainly continue to do so. I am very conscious that a significant part of this is about communications. We have already started our communications plan, but that will ramp up significantly over the course of the next few months. It is crucial that EU communities, wherever they live in the country, have the opportunity to know what the scheme is about and to understand it. Today, I have published an op-ed piece in a Polish newspaper. There will continue to be significant engagement with foreign newspapers.”
“The right hon. Gentleman raises an important issue. I commend the work of the many Select Committees who have sought over the past six months to summon me before them, including his own. We are not anticipating failure. That is an important part of this: we have confidence that there will be a deal. We have reached an agreement with the EU guaranteeing the rights of EU citizens living in the UK and of UK nationals living in the EU, and we do not expect that issue to be reopened. I take very seriously the commitment we have made to those EU citizens and I regard that as absolutely of prime importance.”
“I can always rely on my hon. Friend to ensure there is never any mischief from Corby. This is absolutely crucial. We have set out, both in previous announcements and commitments and today in our statement of intent, what we are seeking to do for EU citizens living here. I would like to reassure him that my right hon. Friend the Home Secretary and I, when engaging with officials, leaders or ambassadors across the EU, are reiterating the point time and again about how important it is that UK citizens living in EU members states are extended the same rights and have it made clear to them how they should secure them.”
“We are very conscious, where there are durable relationships of the type the right hon. Gentleman describes, that it is important that that is clearly affirmed for them. We have set out in detail in the rules how we are going to address those different situations, including where UK citizens are married to EU citizens who may be living abroad and where EU citizens living here may have non-EEA partners or spouses. They will have an extension of the rights set out in the withdrawal agreement and the statements we have previously made. We will, of course, be providing further detail in due course.”
“The EU citizens living in Bexhill and Battle are very important to us, as are all citizens currently living here as well as those who will arrive during the implementation period. My hon. Friend is right: as I have set out, EU citizens will be asked to demonstrate their identity and residency and to declare any criminality. I got rather anxious that this might provoke the Solicitor General into reciting the entire withdrawal agreement, but I am somewhat relieved that he does not appear to want to do so.”
“The hon. Gentleman returns to a common theme of seasonal agricultural workers and indeed, the importance of EU citizens working in many parts of the UK who come here on a seasonal basis and may well not have been here for the required five years. As I set out in my statement, EU citizens who have been here for less than the five-year period will be able to apply for pre-settled status. Once they have accrued the five years, they will be able to apply for settled status, but there will be no additional cost. He makes an important point about those who might find the process difficult. We are determined not only to make it as simple and streamlined as possible, but to put in place contact centres to provide the required assistance to people who need it.”
“The message from the House this afternoon is very clear. We have made significant progress in publishing the scheme and are determined to have a process that is up and running and has been through private beta testing very shortly. It is incumbent on our EU friends and neighbours to make sure that they do the same for British citizens who are living in other EU states.”
“I thank the hon. Lady for the question. We are determined to make sure that a whole range of evidence is clearly set out in the statement of intent for those who may not have worked—for those who have been here for the required period but cannot evidence it through Her Majesty’s Revenue and Customs or Department for Work and Pensions records. That includes a wide range of evidence, such as mortgage statements, tenancy agreements and utility bills. We will certainly be encouraging case workers to be flexible and understanding and appreciate that some individuals may not have those documents in their own name, but in a partner’s name, and evidence of a durable relationship will suffice.”
“In discussions with the EU, ambassadors and heads of member states, my right hon. Friend the Home Secretary is reinforcing that message at every point. There has been significant investment in time and resources to make sure that we have a scheme and a process that will work. We need our European friends and neighbours to reciprocate.”
“We are absolutely determined to work to make sure that as many EU citizens as possible are registered ahead of the deadline, but we will give a reasonable period in which to apply. For those who miss the deadline and have a good reason for doing so, we will of course have a response that is both pragmatic and takes into account individual circumstances, should people have been, for whatever reason—whether through ill health or mental illness—prevented from applying. We will further discuss these issues with stakeholders over coming weeks to make sure that we get it right.”