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Borders, Citizenship and Immigration Bill [HL]

The speaker from this Dispatch Box is aware of the possibility of being clobbered several times with questions and statements. I am pleased to be able say on this important issue not only that the points are recognised—I thank noble Lords for raising them—but also that I agree that the suggested amendments warrant further consideration. L Committee’s agreement has been sought and obtained to table amendments which will partly cover these proposals, which we intend to move on Report. The amendments that I propose to table will ensure that the clauses give discretion to waive the requirement for qualifying immigration status for the whole of the qualifying period in relation to Section 6(1) and (2) of the British Nationality Act. Although it is not possible at this stage to give specific examples of where that discretion may be used, the expectation is that it would be used only in a limited number of cases, but would give the necessary flexibility to the system that we are creating. The Government remain fully committed to meeting their international obligations in respect of those fleeing persecution. However, we do not propose to go as far as permitting any time spent in detention, or on temporary admission, or temporary release where that is followed by a grant of qualifying leave, or any time spent pending an application for leave to remain in connection with an asylum, human rights or humanitarian protection claim, to count towards the qualifying period. This is in part because, in asylum cases, a decision is based on the prevailing circumstances at the time the case is considered—some 60 per cent of cases are now dealt with in a six-month period—in addition to taking into account the facts of the claim when originally made. For example, the fact that a person is recognised as a refugee does not always mean that he was so from the start. Events in the country of origin, fresh evidence or case law, or a finding on appeal could justify recognition after the initial application was made. I would advise noble Lords that leave granted outside the immigration rules will fall under the definition of temporary residence leave where it leads to a grant of probationary citizenship. As such, it would be unnecessary to make specific provision in the legislation for exceptional leave to remain to count towards qualifying immigration status. I hope that noble Lords will agree that a fuller debate on these amendments would be more appropriate. I look forward to bringing amendments to your Lordships’ attention on Report and hope that this amendment will be withdrawn.