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1247861

	registered interest
	date	02/11/2020
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Osime Brown
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, what plans she has to review the deportation order of Osime Brown.
	tabling member constituency	Erith and Thamesmead
	tabling member printed	Abena Oppong-Asare
	uin	110266
	answer	answer is ministerial correction date of answer 24/11/2020 answer text <p>We only ever return foreign national offenders who we and, where applicable, the courts are satisfied do not need our protection and have no legal basis to remain in the UK. No action would be taken to deport an individual while there are outstanding legal barriers that would prevent their removal from the UK and until all outstanding representations have been considered.</p><p>It would be inappropriate to comment further while legal proceedings are ongoing.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 24/11/2020 15:17:27 answering member 4503 label Biography information for Chris Philp
	tabling member	4820 label Biography information for Abena Oppong-Asare

1253951

	registered interest
	date	19/11/2020
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Criminal Records: EU Countries
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, what her policy is on joining (a) Europol, (b) Eurojust, (c) the Schengen Information System (SIS II), (d) the European Criminal Records Information System and (e) Passenger Name Records Data on 1 January 2021; and if she will make a statement.
	tabling member constituency	Staffordshire Moorlands
	tabling member printed	Karen Bradley
	uin	117996
	answer	answer is ministerial correction date of answer 24/11/2020 answer text <p>The safety and security of our citizens is the Government’s top priority.</p><p> </p><p>We’ve been negotiating an agreement with the EU on law enforcement and criminal justice to equip operational partners on both sides with capabilities to protect citizens and bring criminals to justice.</p><p><em> </em></p><p>As set out in the UK’s published <em>Approach to Negotiations</em>, we believe an agreement in this area should include: arrangements that support data exchange for law enforcement purposes; operational cooperation between law enforcement authorities; and judicial cooperation in criminal matters. We have therefore proposed this agreement should include capabilities similar to those provided by SIS II, ECRIS and PNR.</p><p> </p><p>The UK is not seeking membership of either Europol or Eurojust – that is not how third country arrangements with these agencies work. In line with the UK Approach, our legal text provides for cooperation between the UK and Europol and UK and Eurojust to facilitate multilateral law enforcement and criminal justice cooperation.</p><p> </p><p>The UK will continue to be a global leader on security and one of the safest countries in the world.</p> answering member constituency Old Bexley and Sidcup answering member printed James Brokenshire question first answered 24/11/2020 17:01:32 answering member 1530 label Biography information for James Brokenshire
	tabling member	4110 label Biography information for Dame Karen Bradley

1253887

	registered interest
	date	19/11/2020
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Migrants: Sleeping Rough
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, what assessment she has made of the compliance of the new discretionary power in the Immigration Rules to refuse or cancel a person’s permission to stay in the UK on the basis of that person’s rough sleeping with (a) the public sector equality duty, (b) Section 6 Human Rights Act 1998, (c) Articles 2,3, 8 and 14 European Convention of Human Rights and (d) covid-related public health policy (i) in general and (ii) with respect to BAME groups.
	tabling member constituency	Glasgow East
	tabling member printed	David Linden
	uin	118096
	answer	answer is ministerial correction date of answer 24/11/2020 answer text <p>The new Immigration Rules make provision for the refusal or cancellation of permission to stay in the UK on the basis of rough sleeping. The new rule will apply on a discretionary basis to non-EEA nationals from 1 December 2020 and to newly arriving EEA nationals from 1 January 2021. The provision will be used sparingly and only where individuals have refused support offers such as accommodation and are engaged in persistent anti-social behaviour.</p><p>A person is expected to leave the UK if their leave is cancelled or refused, including where they have been refused protection status and have no other legal basis to remain here. If they do not choose to leave voluntarily we may enforce their removal. They will not be subject to deportation action unless they have been convicted of criminal offences other than those relating to immigration, or have demonstrated serious or persistent criminality, or for reasons of national security.</p><p>Guidance will be provided for decision-makers to make clear the circumstances in which permission may be cancelled or refused, and this will be available on GOV.UK when the new provision comes into force.</p><p>An Equality Impact Assessment was completed for all the Immigration Rules laid on 22 October 2020.</p> answering member constituency Croydon South answering member printed Chris Philp grouped question UIN 118097 118098 question first answered 24/11/2020 14:09:17 answering member 4503 label Biography information for Chris Philp
	tabling member	4640 label Biography information for David Linden

1253888

	registered interest
	date	19/11/2020
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Migrants: Sleeping Rough
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, with reference to the new discretionary power in the Immigration Rules to refuse or cancel a person’s permission to stay in the UK on the basis of that person’s rough sleeping, what guidance is available on safeguards and the permissible use of that discretionary power.
	tabling member constituency	Glasgow East
	tabling member printed	David Linden
	uin	118097
	answer	answer is ministerial correction date of answer 24/11/2020 answer text <p>The new Immigration Rules make provision for the refusal or cancellation of permission to stay in the UK on the basis of rough sleeping. The new rule will apply on a discretionary basis to non-EEA nationals from 1 December 2020 and to newly arriving EEA nationals from 1 January 2021. The provision will be used sparingly and only where individuals have refused support offers such as accommodation and are engaged in persistent anti-social behaviour.</p><p>A person is expected to leave the UK if their leave is cancelled or refused, including where they have been refused protection status and have no other legal basis to remain here. If they do not choose to leave voluntarily we may enforce their removal. They will not be subject to deportation action unless they have been convicted of criminal offences other than those relating to immigration, or have demonstrated serious or persistent criminality, or for reasons of national security.</p><p>Guidance will be provided for decision-makers to make clear the circumstances in which permission may be cancelled or refused, and this will be available on GOV.UK when the new provision comes into force.</p><p>An Equality Impact Assessment was completed for all the Immigration Rules laid on 22 October 2020.</p> answering member constituency Croydon South answering member printed Chris Philp grouped question UIN 118096 118098 question first answered 24/11/2020 14:09:17 answering member 4503 label Biography information for Chris Philp
	tabling member	4640 label Biography information for David Linden

1253889

	registered interest
	date	19/11/2020
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Migrants: Sleeping Rough
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, with reference to the new discretionary power in the Immigration Rules to refuse or cancel a person’s permission to stay in the UK on the basis of that person’s rough sleeping, whether that power can be used in relation to persons whose asylum claim has been finally determined and refused.
	tabling member constituency	Glasgow East
	tabling member printed	David Linden
	uin	118098
	answer	answer is ministerial correction date of answer 24/11/2020 answer text <p>The new Immigration Rules make provision for the refusal or cancellation of permission to stay in the UK on the basis of rough sleeping. The new rule will apply on a discretionary basis to non-EEA nationals from 1 December 2020 and to newly arriving EEA nationals from 1 January 2021. The provision will be used sparingly and only where individuals have refused support offers such as accommodation and are engaged in persistent anti-social behaviour.</p><p>A person is expected to leave the UK if their leave is cancelled or refused, including where they have been refused protection status and have no other legal basis to remain here. If they do not choose to leave voluntarily we may enforce their removal. They will not be subject to deportation action unless they have been convicted of criminal offences other than those relating to immigration, or have demonstrated serious or persistent criminality, or for reasons of national security.</p><p>Guidance will be provided for decision-makers to make clear the circumstances in which permission may be cancelled or refused, and this will be available on GOV.UK when the new provision comes into force.</p><p>An Equality Impact Assessment was completed for all the Immigration Rules laid on 22 October 2020.</p> answering member constituency Croydon South answering member printed Chris Philp grouped question UIN 118096 118097 question first answered 24/11/2020 14:09:17 answering member 4503 label Biography information for Chris Philp
	tabling member	4640 label Biography information for David Linden

1249605

	registered interest
	date	09/11/2020
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Migrants: Sleeping Rough
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, what recent assessment she has made of the effect of No Recourse to Public Funds conditions on levels of rough sleeping.
	tabling member constituency	Dulwich and West Norwood
	tabling member printed	Helen Hayes
	uin	113160
	answer	answer is ministerial correction date of answer 24/11/2020 answer text <p>The Home Office does not hold data on the number of people rough sleeping in the UK who are subject to no recourse to public funds (NRPF).</p><p>NRPF is applied to migrants who are expected to maintain and accommodate themselves in the UK, without recourse to public funds. However, individuals whose basis of stay in the UK is based on their family life or human rights can apply to have the NRPF condition lifted by making a ‘change of conditions’ application if there are exceptional circumstances related to financial circumstances, to avoid destitution and rough sleeping.</p><p>The Home Office has published its policy equality statement on the impact of the No Recourse to Public Fund (NRPF) policy on migrants on the 10-year human rights route. It can be found at: <a href="https://eur01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fpublications%2Fapplication-for-change-of-conditions-of-leave-to-allow-access-to-public-funds-if-your-circumstances-change&amp;data=02%7C01%7CJessica.Barker7%40homeoffice.gov.uk%7C4af2b91909574d27652a08d828b55371%7Cf24d93ecb2914192a08af182245945c2%7C0%7C0%7C637304106531588629&amp;sdata=bRh37iTtv3%2FHlmC4hm9SEFg%2BNonLgZVlsreR9gxiUKk%3D&amp;reserved=0" target="_blank">https://www.gov.uk/government/publications/application-for-change-of-conditions-of-leave-to-allow-access-to-public-funds-if-your-circumstances-change</a>.</p><p>To avoid destitution and sleeping rough, those without immigration status should regularise their stay or leave the UK. There is support available to do this through the Voluntary Returns Service.</p><p>The Rough Sleeping Support Service (RSSS) offers an enhanced service for Local Authorities and registered charities to establish whether a rough sleeper has access to public funds. Part of this service includes the RSSS contacting casework teams (where there is an open application) to request that the case is prioritised. The Home Office remains committed to working with Local Authorities in their work with non-UK national rough sleepers.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 24/11/2020 15:31:35 answering member 4503 label Biography information for Chris Philp
	tabling member	4510 label Biography information for Helen Hayes

1249606

	registered interest
	date	09/11/2020
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Deportation: Sleeping Rough
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, what discussions she has had with (a) charities and (b) local authorities on her Department's proposals to deport foreign national rough sleeper after the transition period.
	tabling member constituency	Dulwich and West Norwood
	tabling member printed	Helen Hayes
	uin	113161
	answer	answer is ministerial correction date of answer 24/11/2020 answer text <p>The new Immigration Rules, which make provision for the refusal or cancellation of permission to stay in the UK on the basis of rough sleeping, will apply to non-EEA nationals from 1 December 2020 and to newly arriving EEA citizens from 1 January 2021 and will only be used after all support is rejected.</p><p>The Home Office and the Ministry for Housing, Communities and Local Government are encouraging local authorities and approved charities to resolve the immigration status of rough sleepers and unlock access to any benefits and entitlements that rough sleepers may be eligible for.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 24/11/2020 15:36:44 answering member 4503 label Biography information for Chris Philp
	tabling member	4510 label Biography information for Helen Hayes

1253758

	registered interest
	date	19/11/2020
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Foreign, Commonwealth and Development Office: Foreign Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, whether, in line with former Foreign and Commonwealth Office policy, non-UK nationals formerly employed by the Department for International Development and now working for the Foreign, Commonwealth and Development Office will have the combined time spent serving in both the UK and overseas counted as being ordinarily resident in the UK in support of applications for UK citizenship.
	tabling member constituency	Wigan
	tabling member printed	Lisa Nandy
	uin	117994
	answer	answer is ministerial correction date of answer 24/11/2020 answer text <p>The requirements for naturalisation as a British citizen are based on a period of residence in the United Kingdom. UK Visas and Immigration would normally consider exercising some discretion over excess absences where a person had established their home, employment, family and finances in the UK, and the excess absences were the result of postings abroad in Crown service, or in accompanying a British citizen spouse or civil partner on an appointment overseas. This applies to all permanent and established Crown servants, irrespective of their department.</p> answering member constituency Torbay answering member printed Kevin Foster question first answered 24/11/2020 15:56:08 answering member 4451 label Biography information for Kevin Foster
	tabling member	4082 label Biography information for Lisa Nandy

1250539

	registered interest
	date	10/11/2020
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Immigration
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 10 November (HL9699), whether Tier 4 or Tier 5 visas are classified as a route to settlement.
	tabling member printed	Lord Alton of Liverpool
	uin	HL10152
	answer	answer is ministerial correction date of answer 24/11/2020 answer text <p>The Tier 4 route was replaced by the Student route on 5 October. Neither the current Student route, nor the previous Tier 4 route acts as a route to settlement. Neither route leads directly to settlement within the UK. Any time spent studying within the UK on the Student route, does not count towards the time required for an applicant to accrue settlement rights.</p><p>Our existing Tier 5 visa arrangements offer a variety of routes and cater for those wishing to enter the UK to undertake work on a temporary basis, rather than being a route to settlement.</p><p>To be able to settle within the UK, an applicant must be on a route which leads to settlement, such as Tier 2.</p> answering member printed Baroness Williams of Trafford question first answered 24/11/2020 16:38:53 answering member 4311 label Biography information for Baroness Williams of Trafford
	tabling member	738 label Biography information for Lord Alton of Liverpool

1250540

	registered interest
	date	10/11/2020
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Immigration and Rented Housing
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they have established the Terms of Reference for the review of the Borders, Immigration Citizenship and System complaints procedure; when they expect that review to be completed; what safeguards they plan to put in place to ensure the independence and effectiveness of the proposed Migrants Commissioner role; when they expect to make an appointment to this role; and when they expect to have completed the evaluation of the Right to Rent policy, which was scheduled to be completed by summer 2021.
	tabling member printed	Lord Alton of Liverpool
	uin	HL10153
	answer	answer is ministerial correction date of answer 24/11/2020 answer text <p>The Home Office is working with the Government Internal Audit Agency (GIAA) to develop terms of reference for an independent review of the complaints system and advise on improvements.</p><p>As outlined in the Comprehensive Improvement Plan on 30 September 2020, the Home Office will be consulting with the Windrush Cross-Government Working Groupon how best to advance this recommendation to ensure the function works independently and effectively.</p><p>The Windrush Cross-Government Working Group brings together key stakeholders and community leaders with representatives from a number of government departments.</p><p>The Home Office evaluation of the Right to Rent Scheme remains scheduled to be completed by summer 2021.</p> answering member printed Baroness Williams of Trafford question first answered 24/11/2020 16:42:10 answering member 4311 label Biography information for Baroness Williams of Trafford
	tabling member	738 label Biography information for Lord Alton of Liverpool