Clause 40
Borders, Citizenship and Immigration Bill [Lords]
1:30 pm
Tom Brake (Carshalton and Wallington, Liberal Democrat)
I want to raise a number of points with the Minister. I know that he is assiduous and will have noted that we tabled some amendments—amendments 52, 49 and 50—to the clause. He will have done his homework; he will have the notes in front of him; and he will be able to respond to my points.
The first point is in relation to amendment 49. I shall read from an Immigration Law Practitioners’ Association briefing, which has helpfully been provided. Those who change their status but remain legally in the UK will be knocked back as a result of the clause. That is a matter of concern:
“For example a worker who ceased to work and did a full time degree (for example a Masters of Business Administration)”
and then went back to their original status, would previously have been able to aggregate the two periods as a contributory period, but now they will no longer be able to do so. That is my understanding. An explanation as to why that should be the case is required. If someone is undertaking further studies, which eventually would be of benefit to UK plc, it seems regrettable to penalise them for doing that. That is one point that I hope the Minister can respond to.
Another point concerns the effect of the probationary citizenship stage on refugees and those granted humanitarian protection. Might there be circumstances in which it would not be appropriate for refugees—perhaps as a result of something that they have experienced in their country of origin, or for whatever reason—to undertake voluntary work as part of their probationary citizenship period? Can the Minister explain the extent to which flexibility will be provided in such circumstances? We can all imagine a scenario in which someone having to undertake that active citizenship role might not be appropriate.
Another query that I hope that the Minister can respond to concerns clarifying the position on fees for refugees. My understanding is that refugees do not currently have to pay fees, but if they want to achieve citizenship at the earliest opportunity, they would seem be liable for some fairly substantial fees. I suspect that refugees may be in the worst position possible for settling such fees. I hope that the Minister can provide some clarification.
My final point has been referred to by the hon. Member for Ashford, which is the question of an excess of 90 days. Our amendment 52 tried to substitute what I believe is the current arrangement.