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To ask the Secretary of State for Defence, what discussions he has had with his Cabinet colleagues on the status and rights of Fijian citizens in the British Army with Commonwealth passports and indefinite leave to enter or remain in the UK to (a) enter UK airports without difficulty and...
To ask the Secretary of State for Defence, what discussions he has had with his Cabinet colleagues on the status and rights of Fijian citizens in the British Army with Commonwealth passports and indefinite leave to enter or remain in the UK to (a) enter UK airports without difficulty and...
We work very closely with the Home Office, and they have specific rules for Commonwealth personnel in relation to their immigration status while serving and their ability to settle in the UK indefinitely.
Under the Immigration Act 1971 Commonwealth Nationals are exempt from immigration control whilst serving as a regular in HM Forces. On request, the Home Office will issue Commonwealth personnel an 'Exempt vignette' to confirm their status. This is issued on enlistment, and is valid for the entirety of their regular service and enables them to come and go from the UK without restriction for the purposes of their duty. A wide range of advice and support is available to Service personnel about their immigration status and they will be sign posted to qualified immigration advisers for help with specific questions and applications.
Service personnel can apply to the Home Office for indefinite leave to remain in the UK up to 10 weeks prior to or, if eligible, within two years of discharge, or indefinite leave to enter the UK within two years of leaving the Services if they have returned to their country of origin. The Home Office determine if they meet the eligibility criteria for settlement.
To ask the Secretary of State for Defence, what support his Department provides to Fijian citizens in the British Army with Commonwealth passports and indefinite leave to enter or remain in the UK on securing their status and residency rights in the UK.
To ask the Secretary of State for Defence, what support his Department provides to Fijian citizens in the British Army with Commonwealth passports and indefinite leave to enter or remain in the UK on securing their status and residency rights in the UK.
We work very closely with the Home Office, and they have specific rules for Commonwealth personnel in relation to their immigration status while serving and their ability to settle in the UK indefinitely.
Under the Immigration Act 1971 Commonwealth Nationals are exempt from immigration control whilst serving as a regular in HM Forces. On request, the Home Office will issue Commonwealth personnel an 'Exempt vignette' to confirm their status. This is issued on enlistment, and is valid for the entirety of their regular service and enables them to come and go from the UK without restriction for the purposes of their duty. A wide range of advice and support is available to Service personnel about their immigration status and they will be sign posted to qualified immigration advisers for help with specific questions and applications.
Service personnel can apply to the Home Office for indefinite leave to remain in the UK up to 10 weeks prior to or, if eligible, within two years of discharge, or indefinite leave to enter the UK within two years of leaving the Services if they have returned to their country of origin. The Home Office determine if they meet the eligibility criteria for settlement.
To ask the Secretary of State for Exiting the European Union, if he will make it his priority to secure residency rights for EU nationals living in the UK with British children or other dependents.
To ask the Secretary of State for Exiting the European Union, if he will make it his priority to secure residency rights for EU nationals living in the UK with British children or other dependents.
The Government has been clear that we should always put citizens first. This was reflected in the Prime Minister’s letter to the President of the European Council confirming the Government’s decision to invoke Article 50. We want to strike an early agreement about the rights of EU nationals in the UK and UK nationals in the EU and made clear that we would have been happy to do so in advance of negotiations. We will look to prioritise this issue as soon as negotiations begin.
Will my right hon. Friend confirm that as part of that plan the Government are committed to the putting the rights of EU citizens into British law via the great repeal Bill, and that nothing will affect those rights unless it has the consent of this House?
Will my right hon. Friend confirm that as part of that plan the Government are committed to the putting the rights of EU citizens into British law via the great repeal Bill, and that nothing will affect those rights unless it has the consent of this House?
My hon. Friend is right. One thing that I think people have missed and he has picked up on is that any change in those rights would require primary legislation in this House. In addition, our plan is to put through the great repeal Bill and have subsequent consequential primary legislation that will underpin those rights. I have made those points to many of my opposite numbers, the interlocutors for other member states, and said that this will be taken at the same time as protection of British rights abroad. They have all understood and welcomed that. I am very confident that we can get a deal that will protect all of the, I think, 4 million in very short order.
My hon. Friend is right. One thing that I think people have missed and he has picked up on is that any change in those rights would require primary legislation in this House. In addition, our plan is to put through the great repeal Bill and have subsequent consequential primary legislation that will underpin those rights. I have made those points to many of my opposite numbers, the interlocutors for other member states, and said that this will be taken at the same time as protection of British rights abroad. They have all understood and welcomed that. I am very confident that we can get a deal that will protect all of the, I think, 4 million in very short order.
My hon. Friend is right. One thing that I think people have missed and he has picked up on is that any change in those rights would require primary legislation in this House. In addition, our plan is to put through the great repeal Bill and have subsequent consequential primary legislation that will underpin those rights. I have made those points to many of my opposite numbers, the interlocutors for other member states, and said that this will be taken at the same time as protection of British rights abroad. They have all understood and welcomed that. I am very confident that we can get a deal that will protect all of the, I think, 4 million in very short order.
Will my right hon. Friend confirm that as part of that plan the Government are committed to the putting the rights of EU citizens into British law via the great repeal Bill, and that nothing will affect those rights unless it has the consent of this House?
Let me pick up on that theme. As the Secretary of State knows, about 3 million EU nationals are very anxious about their status when we leave the EU. Labour would unilaterally guarantee their status from day one. Under this Government, all they can do is apply for consideration for permanent residency, but as the Brexit Select Committee warned in March:
“The current process for consideration of permanent residency applications is not fit for purpose”.
The Secretary of State knows how important this is. Have things improved?
Let me pick up on that theme. As the Secretary of State knows, about 3 million EU nationals are very anxious about their status when we leave the EU. Labour would unilaterally guarantee their status from day one. Under this Government, all they can do is apply for consideration for permanent residency, but as the Brexit Select Committee warned in March:
“The current process for consideration of permanent residency applications is not fit for purpose”.
The Secretary of State knows how important this is. Have things improved?
I respect the hon. and learned Gentleman’s concern in this area. Let me be clear about that. However, I would say to him that the system there now is not designed to deal with 3 million. That has been made plain. In fact, if he goes on the Home Office website, he will see that it says not to make an application now—there is no need to. When we move the primary legislation it will be a matter for the Home Office, but I believe it will be very simple when it comes to that point.
I respect the hon. and learned Gentleman’s concern in this area. Let me be clear about that. However, I would say to him that the system there now is not designed to deal with 3 million. That has been made plain. In fact, if he goes on the Home Office website, he will see that it says not to make an application now—there is no need to. When we move the primary legislation it will be a matter for the Home Office, but I believe it will be very simple when it comes to that point.
I respect the hon. and learned Gentleman’s concern in this area. Let me be clear about that. However, I would say to him that the system there now is not designed to deal with 3 million. That has been made plain. In fact, if he goes on the Home Office website, he will see that it says not to make an application now—there is no need to. When we move the primary legislation it will be a matter for the Home Office, but I believe it will be very simple when it comes to that point.
Let me pick up on that theme. As the Secretary of State knows, about 3 million EU nationals are very anxious about their status when we leave the EU. Labour would unilaterally guarantee their status from day one. Under this Government, all they can do is apply for consideration for permanent residency, but as the Brexit Select Committee warned in March:
“The current process for consideration of permanent residency applications is not fit for purpose”.
The Secretary of State knows how important this is. Have things improved?
As the Financial Times reported yesterday, the Home Office is now saying, “Don’t apply”. Is that the Government’s official position for EU nationals—“Don’t apply for permanent residency”? Is that how they will deal with that anxiety?
As the Financial Times reported yesterday, the Home Office is now saying, “Don’t apply”. Is that the Government’s official position for EU nationals—“Don’t apply for permanent residency”? Is that how they will deal with that anxiety?
What that is about is a reflection of what is on the Home Office website, which essentially points out that EU citizens do not need to apply for their rights to be underpinned. That is the approach we are taking. The hon. and learned Gentleman should bear in mind that for the next two years, irrespective of anything that the Government do, all the existing rights and privileges continue to apply. There will be no change in that respect. Before we come to the point of exit from the European Union, we will have made that very clear in primary legislation.
What that is about is a reflection of what is on the Home Office website, which essentially points out that EU citizens do not need to apply for their rights to be underpinned. That is the approach we are taking. The hon. and learned Gentleman should bear in mind that for the next two years, irrespective of anything that the Government do, all the existing rights and privileges continue to apply. There will be no change in that respect. Before we come to the point of exit from the European Union, we will have made that very clear in primary legislation.
What that is about is a reflection of what is on the Home Office website, which essentially points out that EU citizens do not need to apply for their rights to be underpinned. That is the approach we are taking. The hon. and learned Gentleman should bear in mind that for the next two years, irrespective of anything that the Government do, all the existing rights and privileges continue to apply. There will be no change in that respect. Before we come to the point of exit from the European Union, we will have made that very clear in primary legislation.
As the Financial Times reported yesterday, the Home Office is now saying, “Don’t apply”. Is that the Government’s official position for EU nationals—“Don’t apply for permanent residency”? Is that how they will deal with that anxiety?
My Lords, I welcome this chance to discuss once more international students, an issue on which we have heard some of the most passionate debates in this House. I begin by saying, unequivocally, that the Government welcome genuine international students who come to study in the United Kingdom. They enhance...
My Lords, I welcome this chance to discuss once more international students, an issue on which we have heard some of the most passionate debates in this House. I begin by saying, unequivocally, that the Government welcome genuine international students who come to study in the United Kingdom. They enhance...
That this House calls on the Government immediately to grant Zambrano carers the right to remain in the UK; notes the 2012 ECJ judgement in the case Zambrano v Office national de l'emploi provided non-EU nationals with primary caring responsibilities (Zambrano carers) the right to reside in the Member State of which their dependent child or adult is a national; further notes that such rights derived from EU case law will be revocable through primary legislation following the Government's Great Repeal Bill; is concerned that current Zambrano carers or individuals in a similar position in the future may lose their right to remain in the UK; and demands that the Government now makes an immediate and unequivocal guarantee that Zambrano carers can remain in the UK with the same rights which they currently enjoy.
That this House calls on the Government immediately to grant Zambrano carers the right to remain in the UK; notes the 2012 ECJ judgement in the case Zambrano v Office national de l'emploi provided non-EU nationals with primary caring responsibilities (Zambrano carers) the right to reside in the Member State...
To ask the Secretary of State for Communities and Local Government, whether his Department has made an assessment of the potential effect of a combination of more restrictive immigration controls and lower population growth on (a) housing and planning (i) mechanisms and (ii) policy and (b) the amount of building...
To ask the Secretary of State for Communities and Local Government, whether his Department has made an assessment of the potential effect of a combination of more restrictive immigration controls and lower population growth on (a) housing and planning (i) mechanisms and (ii) policy and (b) the amount of building...
The Housing White Paper sets out the government’s intentions to strengthen national planning policy to build more homes in the right places.
Current projections assume that net migration will fall. Nearly two thirds of the growth in households will come from natural change in the population, not net migration. Even if net migration fell by more than projected we would still face a significant housing challenge which requires us to make a step-change in housing delivery. We will be consulting on a standard approach to assessing housing requirement at the earliest opportunity.
The Housing White Paper also reaffirms the government’s commitment to Green Belt protection, and proposes amendments to national planning policy that would require greater transparency about what constitutes exceptional circumstances when amending Green Belt boundaries, so that communities can hold their local authorities to account.
To ask Her Majesty’s Government what is their estimate of the number of North Korean nationals who have entered UK territories in the last five years, other than those accredited as diplomatic staff working for the DPRK Embassy in London.
To ask Her Majesty’s Government what is their estimate of the number of North Korean nationals who have entered UK territories in the last five years, other than those accredited as diplomatic staff working for the DPRK Embassy in London.
North Korean nationals must have a visa to travel to the UK. Information on North Korean nationals who have entered the UK is published in the Home Office’s ‘Immigration Statistics, October - December 2016’, visa data tables volume 1, table v_05, available via the following link: https://www.gov.uk/government/publications/immigration-statistics-october-to-december-2016/list-of-tables#visas
These data shows the number of entry clearance visas issued to North Korean nationals since 2005.
To ask the Secretary of State for the Home Department, what her policy is on the timing of the return of original documents to people applying for (a) citizenship, (b) further leave to remain and (c) indefinite leave to remain.
To ask the Secretary of State for the Home Department, what her policy is on the timing of the return of original documents to people applying for (a) citizenship, (b) further leave to remain and (c) indefinite leave to remain.
The majority of Citizenship applications are submitted through the Nationality Checking Service and original documents are returned to the customer immediately. For other applications where there is a requirement to submit an original document, documents are returned when the application is decided.
Where a request for return of documents is received we aim to return them within 10 working days.
On European applications for Permanent Residence, applicants can apply online and have their passport checked and returned immediately through participating local authorities.
To ask the Secretary of State for the Home Department, how many people have been deported after applying for indefinite leave to remain who had previously been given leave to remain in the UK as unaccompanied minors under the 1951 Refugee Convention since 2010.
To ask the Secretary of State for the Home Department, how many people have been deported after applying for indefinite leave to remain who had previously been given leave to remain in the UK as unaccompanied minors under the 1951 Refugee Convention since 2010.
I am sorry but the Home Office does not hold the specific information in the format requested. To obtain it would involve interrogating individual case records, at disproportionate cost.
To ask Her Majesty’s Government what proportion of individuals pursuing appeals in (1) the First-tier Tribunal (Immigration and Asylum Chamber), and (2) the Upper Tribunal (Immigration and Asylum Chamber), did not have representation, for each year, since December 2012.
To ask Her Majesty’s Government what proportion of individuals pursuing appeals in (1) the First-tier Tribunal (Immigration and Asylum Chamber), and (2) the Upper Tribunal (Immigration and Asylum Chamber), did not have representation, for each year, since December 2012.
The proportions of individuals pursuing appeals that did not have representation are:
| 2013 | 2014 | 2015 | 2016 |
(1) the First-tier Tribunal (Immigration and Asylum Chamber) | 25% | 21% | 21% | 20% |
(2) the Upper Tribunal (Immigration and Asylum Chamber) | 12% | 12% | 10% | 10% |
The data are based on the number of disposals recorded as not represented and are reported in calendar years.
To ask the Secretary of State for the Home Department, pursuant to the Answers of 29 November 2016 to Questions 54030, 54028 and 54029, what steps were taken by her Department to ensure that all EU and EEA citizens living in the UK were informed of the need for comprehensive...
To ask the Secretary of State for the Home Department, pursuant to the Answers of 29 November 2016 to Questions 54030, 54028 and 54029, what steps were taken by her Department to ensure that all EU and EEA citizens living in the UK were informed of the need for comprehensive...
The Immigration (European Economic Area) Regulations 2006 provided at regulations 4(1)(c)(ii) and (d)(ii) that comprehensive sickness insurance is a requirement for those exercising Treaty rights as a student or self sufficient person. Published guidance on ‘qualified persons’ currently sets this out at pages 30 to 36 and is available on the GOV.UK website via the link below:
https://www.gov.uk/government/publications/european-economic-area-nationals-qualified-persons
To ask Her Majesty’s Government, what steps they are taking to ensure that North Korean nationals who enter UK territories are not involved in any unlawful activities.
To ask Her Majesty’s Government, what steps they are taking to ensure that North Korean nationals who enter UK territories are not involved in any unlawful activities.
All citizens of North Korea require a visa to visit the UK.
Applicants are assessed against the requirements of the Immigration Rules and will be refused where we are not satisfied that they meet these requirements. The biographic and biometric data supplied with visa applications is checked against Home Office databases to identify subjects of interest or persons who are not admissible to the UK.
We carry out 100% checks on passengers arriving on scheduled services at the border in order to identify any criminal, security and immigration concerns. Where we believe someone poses a risk, Border Force officers can — and do — refuse them entry.
To ask the Secretary of State for the Home Department, if she will make provision for EU and EEA citizens living in the UK for a period exceeding five years and who have not yet exercised their treaty rights to obtain permanent residence before the UK leaves the EU.
To ask the Secretary of State for the Home Department, if she will make provision for EU and EEA citizens living in the UK for a period exceeding five years and who have not yet exercised their treaty rights to obtain permanent residence before the UK leaves the EU.
The Prime Minister was clear in her statement to Parliament on 29 March that we would seek to guarantee the rights of EU citizens already living in Britain, and the rights of British nationals in other member states, as early as we can. This is set out very clearly in the UK's Article 50 letter as an early priority for the talks ahead.