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Immigration and Asylum Appeals (One-Stop Procedure) (Amendment) Regulations 2002

SI 2002/2731 (Negative instrument). Coming into force 8 November 2002

Department

Home Office

Type

Statutory instruments

Date

7 November 2002

Reference

SI 2002/2731

House

House of Commons; House of Lords

Filkin, Lord

What plans they have to replace the application forms for foreign nations wishing to apply for leave to remain in the United Kingdom. [HL 6359]. - Inc fact that copies of the new forms will be placed in Library when they are available.

Asked by

Baroness Pitkeathley (Labour)

Type

Written questions

Status

Answered

Date

4 November 2002

Reference

640 c68WA; HL 6359

House

House of Lords

Dept of Health

To ask the Secretary of State for Health, how many immigrant children have gone missing from social services care in each of the last five years; how many of these were suspected victims of trafficking; and if he will make a statement. - Inc figures.

Asked by

Mike Hancock (Liberal Democrat)

Answering body

Department of Health

Type

Written questions

Status

Answered

Date

29 October 2002

Reference

77331; 391 c737W;391 c733W

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, If he will make a statement on his plans to offer language and citizenship education to those settling in the UK. - Including list. (Failed OPQ).

Asked by

Claire Ward (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

15 October 2002

For answer on

28 October 2002

Answered on

28 October 2002

Claire Ward: To ask the Secretary of State for the Home Department if he will make a statement on his plans to offer language and citizenship education to those settling in the UK. [75327] Beverley Hughes: The advisory group, chaired by Professor Sir Bernard Crick, will be making recommendations on language and citizenship education for people seeking naturalisation. The advisory group is working on a programme of study, which will be part of English for Speakers of Other Languages (ESOL) language teaching for those assessed as not having sufficient English. The Group has had two meetings so far and intends issuing an interim report early in the New Year, with a final report around Easter 2003. The Nationality, Immigration and Asylum Bill refers to applicants having to deomonstrate "sufficient English (or Welsh or Scottish Gaelic)". The Group is presently interpreting `sufficient English' as meaning enough linguistic ability to sustain unskilled employment in an English-speaking environment. For those with that minimal level already, they consider that attendance at classes should raise their level of competence to the next entry level, as defined in the existing adult learning language skills criteria. In other words, the Group is considering the concept of attendance and progression, rather than requiring all applicants to reach an absolute standard that for some might never be achievable. The Group has considered whether there might be some sort of screening process to filter out those people who already have sufficient English. While we do not want to make unnecessary work for people who already have a good command of one of the UK languages, we do want them to demonstrate their knowledge of life in the UK. Screening might also be used to allocate people to programmes which best meet their needs. ESOL teachers are well used to assessing linguistic capability to get people on to the right course and a number of such tools already exist. Defining these borderlines more precisely will of course take a little time. Issues of numbers and resources, as well as standards, will also need to be considered. And, as I have said already, those with good English already may not be required to attend all the classes and may study privately for the citizenship element of the programme. This will require some innovative thought about delivery methods, bearing in mind that the overall objective is to facilitate integration and not just to test knowledge. For those people for whom any course of study would be too challenging, perhaps by virtue of their age or infirmity, or because they have learning difficulties, the Bill includes a provision to waive these requirements. So, people who can provide sound reasons for not demonstrating progress or achievement will not be debarred from acquiring British citizenship. The Group is currently considering a "Living in the United Kingdom" programme under six broad heads. These are: Information on everyday needs--for instance, types of housing, paying bills, and schooling; Knowing the law--for instance, the rights and responsibilities of a citizen; Sources of help and information--including both national and local voluntary and community bodies; Employment--for instance, understanding how to get a job, and employment rights and responsibilities; Britain as a changing and multi-cultural society--including the four historical nations, the new ethnic and religious groups and changing patterns in family life and relationships; British national institutions--political, economic and social. The level would obviously be basic, and dependent on someone's needs at a particular point in their immigration history. But the Group is involved in ongoing discussions as to whether a more in-depth programme on the last two items would not be sensible for those with good English already. I understand that, because some migrants do not become eligible for free education immediately, the Group intends recommending that the kind of information contained in the "Living in Britain" programme should be made available, perhaps at the point at which entry clearance is granted, to people such as work permit holders or spouses who have an avenue to indefinite leave to remain. For this purpose, the members will be proposing that the Government produces a `Living in Britain' booklet to be given out at ports of entry or at posts abroad. Such a booklet could be translated into a number of languages to help those who, as yet, have not acquired language skills but who could, nevertheless, benefit from what it contains in their path to becoming active, involved citizens. The Group intends to make an interim report early in the new year for public discussion and hopes to make a final report around Easter. The group will shortly be embarking on a widespread programme of consultation.

Date

28 October 2002

Reference

391 c617-8W;391 c613-4W; 75327

House

House of Commons

McIntosh of Haringey, Lord

Further to the Written Answer by Lord McIntosh of Haringey on 3 July 2002 637 c40WA, what number of people immigrating annually to the United Kingdom would be needed to prevent: (a) a decline the size of the United Kingdom population; (b) a decline in the size of the population...

Asked by

Baroness Masham of Ilton (Crossbench)

Type

Written questions

Status

Answered

Date

24 October 2002

Reference

639 c112-3WA; HL 5956

House

House of Lords

Dept for Work and Pensions

To ask the Chancellor, what the procedures are for obtaining a national insurance number for adults who have entered the UK (a) legally, (b) illegally and (c) on claiming asylum.

Asked by

Nick Gibb (Conservative)

Answering body

Department for Work and Pensions

Type

Written questions

Status

Answered

Date

24 October 2002

Reference

72127; 391 c491W;391 c488W

House

House of Commons

Filkin, Lord

Whether, and if so, when they intend to provide extra resources to local education authorities and further education colleges and other institutions in order to allow them to make extra provision for the teaching of English to speakers of other languages and for citizenship classes in order to meet the...

Asked by

Lord Greaves (Liberal Democrat)

Type

Written questions

Status

Answered

Date

22 October 2002

Reference

639 c92-3WA; HL 5920

House

House of Lords

Home Office

To ask the Secretary of State for the Home Department, how many persons have been forceably removed from the UK in (a) August, (b) September and (c) October. - Includes figure for 2001.

Asked by

Keith Vaz (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Date

22 October 2002

Reference

75595; 391 c235-6W

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, what effect the marriage of a prisoner to a foreign national has on the rights of (a) the marriage partner and (b) existing children to (i) remain in the United Kingdom, (ii) hold a British passport and (iii) obtain British...

Asked by

Julian Lewis (Conservative)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

23 July 2002

For answer on

16 October 2002

Answered on

16 October 2002

Dr. Julian Lewis: To ask the Secretary of State for the Home Department what effect the marriage of a prisoner to a foreign national has on the rights of (a) the marriage partner and (b) existing children to (i) remain in the United Kingdom, (ii) hold a British passport and (iii) obtain British citizenship. [73533] Beverley Hughes: If the prisoner is not, himself, a British citizen or a person settled in the UK, then his status would not confer any entitlement on his spouse and children to remain in the UK. Providing that adequate funds were available, his spouse and children could seek leave to enter the UK for short periods to visit him in prison. If the prisoner is a British citizen or person settled here, a foreign national marrying him would be able to apply for leave to remain here on the basis of the marriage. The application would be considered on its merits, taking into account the following factors: the length of the sentence; whether the marriage is subsisting and the sponsor (that is the prisoner) supports the application and intends to resume co-habitation on release; whether the spouse is able to maintain and accommodate herself and any dependants without recourse to public funds, given that the sponsor is in prison. Any dependant children (under 18) could apply for leave to enter or remain in line with the conditions of the spouse. Marriage to a British citizen does not confer automatic British citizenship on a foreign national. The requirements for naturalisation must still be met, although they are less demanding than for naturalisation of someone not married to a British citizen. A child born legitimate overseas to a British citizen father and non-British citizen mother may be a British citizen from birth, whilst an illegitimate birth overseas to such parents would usually mean that the child was not a British citizen. However, if the parents of an illegitimate child subsequently marry, and the law of the country in which the father is domiciled legitimates a child of the relationship upon the parents' marriage, the child will be treated as having been born legitimate. The child would then be regarded as a British citizen from birth and would be entitled to enter and remain freely in this country. A person would not be entitled to hold a British passport without first obtaining British nationality.

Date

16 October 2002

Reference

390 c844-5W;390 c864-5W; 73533

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, if he will review the UK Public Records to identify alleged or indicted Nazi war criminals living in the UK.

Asked by

Andrew Dismore (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Date

15 October 2002

Reference

74745; 390 c745W;390 c747W

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, what new measures have been taken since 1997 to ensure that alleged or indicted Nazi war criminals (a) have not visited and (b) are not now in the UK. - Inc ref to White Paper, 'Secure Borders, Safe Haven.

Asked by

Andrew Dismore (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Date

15 October 2002

Reference

390 c745W;390 c747W; 74744

House

House of Commons

Filkin, Lord

What progress has been made by the advisory group on naturalisation chaired by Sir Bernard Crick in determining the content of the naturalisation test; what reports have been presented by the group to the Government; and when the committee's final report will be published. [HL 5813].

Asked by

Baroness Anelay of St Johns (Conservative)

Type

Written questions

Status

Answered

Date

9 October 2002

Reference

639 c24WA; HL 5813

House

House of Lords

Filkin, Lord

What are the duties and obligations as a British citizen referred to in the proposed citizenship pledge in Schedule 5 to the Nationality, Immigration and Asylum Bill. [HL 5709].

Asked by

Lord Greaves (Liberal Democrat)

Type

Written questions

Status

Answered

Date

24 September 2002

Reference

638 c215WA; HL 5709

House

House of Lords

Williams of Mostyn, Lord

Whether the Northern Ireland Human Rights Commission has asked them to ratify the Council of Europe's Convention on Migrant Workers; and what response, if any, they have given to the commission [HL 5046].

Asked by

Lord Laird (Crossbench)

Type

Written questions

Status

Answered

Date

24 September 2002

Reference

638 c254WA; HL 5046

House

House of Lords

Filkin, Lord

How many successful applications have been made since 1999 under the concession for over-age applications for entry clearance, following DNA testing. [HL 5589].

Asked by

Lord Varley (Labour)

Type

Written questions

Status

Answered

Date

25 July 2002

Reference

638 c103-4WA; HL 5589

House

House of Lords

Home Office

Statement on how many successful applications have been made since 1999 under the concession for over-age applications for entry clearance, following DNA testing; and if he will make a statement on the future of this concession.

Asked by

Neil Gerrard (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

22 July 2002

For answer on

24 July 2002

Answered on

24 July 2002

Mr. Gerrard: To ask the Secretary of State for the Home Department how many successful applications have been made since 1999 under the concession for over-age applications for entry clearance, following DNA testing; and if he will make a statement on the future of this concession. [72777] Beverley Hughes: On 1 January 1991 a concession was introduced concerning over-age applicants for entry clearance, following DNA testing. It enabled those dependent children who had previously been refused entry to join their parents in the United Kingdom owing to doubts about their being related as claimed, to re-apply if a DNA test now confirmed the relationship. Amongst other requirements, they had also still to be dependent upon their parents and unmarried. By July 1991, some 550 cases relating to the concession had been considered of which 115 were conceded. However, in recent years use of the concession has been nil. Each year between five and 10 people who have already re-applied once and been refused, have applied again, but no applications have been granted under the concession. Last year, some members made representations to my predecessor, urging that the concession be widened so as to allow people who had been refused as minors to re-apply. The Government had considerable sympathy with their views and with the people yet more who were wrongly refused before the introduction of DNA tests made such decisions much more reliable. However, this situation arose owing to technological advances and we have already attempted, by way of the present concession, to correct any previous injustices resulting from decisions which were taken in good faith on the available evidence at the time. It is now no longer possible to identify those people who may have been wrongly refused due to doubts about their relationship to a United Kingdom sponsor, as many records of earlier decisions have been destroyed. Given that it is not possible to widen the concession, and given that the concession is not being used and has not been used for some time, we have decided that the concession should end. After 24 August 2002 no new applications under the concession will be considered. There remains within the immigration Rules provision for dependent relatives who find themselves in distressed circumstances to apply to join a sponsor in the United Kingdom. Any future applications will instead be considered under the existing immigration Rules governing dependent relatives.

Date

24 July 2002

Reference

389 c1448W;389 c1446W; 72777

House

House of Commons

Dept for Education and Skills

To ask the Secretary of State for the Home Department, what estimate he has made of the number of people from (a) India and (b) Pakistan who are permanently settled in the UK and do not have a working knowledge of English.

Asked by

Gordon Prentice (Labour)

Answering body

Department for Education and Skills

Type

Written questions

Status

Answered

Date

19 July 2002

Reference

68880; 389 c684W

House

House of Commons

Dept for Education and Skills

To ask the Secretary of State for the Home Department, how much has been spent on English language teaching for (a) those from India and Pakistan settled permanently in the UK and (b) new arrivals with an inadequate grasp of English in each of the past five years broken down...

Asked by

Gordon Prentice (Labour)

Answering body

Department for Education and Skills

Type

Written questions

Status

Answered

Date

19 July 2002

Reference

68881; 389 c684W

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, how many asylum seekers entered England in the past five years, broken down by country of origin; what proportion this total represented of the total number of immigrants to enter England in these periods; and how many emigrants to England...

Asked by

Bill Wiggin (Conservative)

Answering body

Home Office

Type

Written questions

Status

Answered

Date

16 July 2002

Reference

69210; 389 c225-6W;389 c225W

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, what procedures the Government has in place to keep track of immigrants who enter the UK; and if he will make a statement. - Inc figures.

Asked by

Bill Wiggin (Conservative)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

8 July 2002

For answer on

16 July 2002

Answered on

16 July 2002

Mr. Wiggin: To ask the Secretary of State for the Home Department what procedures the Government have in place to keep track of immigrants who enter the UK; and if he will make a statement. [69013] Beverley Hughes: A great many people who are not British citizens come to the United Kingdom each year. Excluding European Union citizens, approximately 13 million people were given leave to enter the United Kingdom in 2000, the last year for which data has been published. Foreign nationals who are granted limited leave to enter or remain for longer than three months for employment, and foreign nationals granted limited leave to enter or remain for a total period in excess of six months for any other reason are required to register with the police. Failure to do so is an offence. For this purpose, "foreign nationals" excludes European Economic Area (EEA) nationals and citizens of Commonwealth countries. This requirement does not apply to anyone who has been granted indefinite leave to enter or indefinite leave to remain. Arriving passengers awaiting a decision on whether or not they should be given leave to enter, passengers who have been refused entry, and people liable to deportation or to removal as an illegal entrant or under the powers contained in section 10 of the Immigration and Asylum Act 1999 may be granted temporary admission pending a decision whether or not to grant leave or pending removal. This temporary admission may be subject to conditions as to residence, employment and reporting to the police or an immigration officer. Failure to comply with these conditions is also an offence. A person detained under Immigration Act powers may also be released on bail, again subject to conditions, which may include a requirement to report. The Immigration Service has seven designated reporting centres, which have been established to assist the Immigration Service in managing these reporting regimes. Alternatively a person may be required to report to a police station near their address. We are seeking to further improve our ability to remain in contact with persons seeking leave to remain in the United Kingdom. In particular, the Nationality, Immigration and Asylum Bill will provide for the creation of accommodation centres for asylum seekers, and we will also seek to improve arrangements in respect of asylum seekers outside those centres. During the new induction process all asylum seekers are advised of the importance of informing the Home Office of any change of address and of the need to report as required. The Bill provides that the provision of support to asylum seekers will be conditional on their reporting as required.

Date

16 July 2002

Reference

69013; 389 c224-5W;389 c224W

House

House of Commons

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