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904736

	registered interest
	date	15/05/2018
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Deportation: Migrant Workers
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, whether his officials have raised concerns over potentially wrongful deportation of highly skilled migrants under section 322(5) of the Immigration Act in the last twelve months.
	tabling member constituency	Croydon North
	tabling member printed	Mr Steve Reed
	uin	144295
	answer	answer is ministerial correction date of answer 21/05/2018 answer text <p>Paragraph 322(5) of the Immigration Rules is a long-standing provision which provides that applications for leave to remain or indefinite leave to remain should normally be refused where it would be undesirable for a person to remain in the UK in light of their conduct, character or associations, or where they represent a threat to national security. Refusal of an application for leave or indefinite leave to remain does not automatically lead to removal or deportation.</p><p>It is important that the Government retains the ability to refuse an application where we have identified that migrants have given deliberately false information in order to extend their stay or obtain settlement in the UK. It is not the Government’s policy to refuse applications by highly skilled migrants solely due to minor tax errors. Where any discrepancies are identified, applicants are given a right to explain the discrepancy. All such cases are signed off by a manager before refusal grounds are applied.</p><p>The Tier 1 (General) category was intended for highly skilled workers applying to work in the UK without requiring a sponsoring employer. The route was closed in April 2011, partly due to evidence of abuse by migrants using the route. Applications for indefinite leave to remain remained open until April 2018, for those who were in the category at the time it closed.</p><p>We have refused Tier 1(General) applications under paragraph 322(5) where an applicant’s character and conduct call into question their desirability of remaining in the UK. In these cases, refusals have been given where there have been substantial differences – often tens of thousands of pounds – between the earnings used to claim points in an immigration application and an applicant’s HMRC records, without a credible explanation from the applicant. We take all available evidence into account before making a decision and each application is considered on its own merits.</p><p>As I confirmed to the Home Affairs Select Committee on 8 May, we will carry out a review of these cases to see how many showed clear evidence of deceit, and whether any were refused due to minor errors. So far there is insufficient evidence to suggest there is any systemic problem which may lead to wrongful removals for this group, but this is one area our review will check.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 144296 144297 question first answered 21/05/2018 16:22:14 answering member 4048 label Biography information for Caroline Nokes
	tabling member	4268 label Biography information for Steve Reed

904738

	registered interest
	date	15/05/2018
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Deportation: Migrant Workers
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, whether his ministerial team were made aware of concerns over wrongful deportation of highly skilled migrants under section 322(5) of the Immigration Act on appointment.
	tabling member constituency	Croydon North
	tabling member printed	Mr Steve Reed
	uin	144297
	answer	answer is ministerial correction date of answer 21/05/2018 answer text <p>Paragraph 322(5) of the Immigration Rules is a long-standing provision which provides that applications for leave to remain or indefinite leave to remain should normally be refused where it would be undesirable for a person to remain in the UK in light of their conduct, character or associations, or where they represent a threat to national security. Refusal of an application for leave or indefinite leave to remain does not automatically lead to removal or deportation.</p><p>It is important that the Government retains the ability to refuse an application where we have identified that migrants have given deliberately false information in order to extend their stay or obtain settlement in the UK. It is not the Government’s policy to refuse applications by highly skilled migrants solely due to minor tax errors. Where any discrepancies are identified, applicants are given a right to explain the discrepancy. All such cases are signed off by a manager before refusal grounds are applied.</p><p>The Tier 1 (General) category was intended for highly skilled workers applying to work in the UK without requiring a sponsoring employer. The route was closed in April 2011, partly due to evidence of abuse by migrants using the route. Applications for indefinite leave to remain remained open until April 2018, for those who were in the category at the time it closed.</p><p>We have refused Tier 1(General) applications under paragraph 322(5) where an applicant’s character and conduct call into question their desirability of remaining in the UK. In these cases, refusals have been given where there have been substantial differences – often tens of thousands of pounds – between the earnings used to claim points in an immigration application and an applicant’s HMRC records, without a credible explanation from the applicant. We take all available evidence into account before making a decision and each application is considered on its own merits.</p><p>As I confirmed to the Home Affairs Select Committee on 8 May, we will carry out a review of these cases to see how many showed clear evidence of deceit, and whether any were refused due to minor errors. So far there is insufficient evidence to suggest there is any systemic problem which may lead to wrongful removals for this group, but this is one area our review will check.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 144295 144296 question first answered 21/05/2018 16:22:14 answering member 4048 label Biography information for Caroline Nokes
	tabling member	4268 label Biography information for Steve Reed

904737

	registered interest
	date	15/05/2018
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Deportation: Migrant Workers
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, when his Department first became aware that some highly skilled migrants could potentially face wrongful deportation under section 322(5) of the Immigration Act.
	tabling member constituency	Croydon North
	tabling member printed	Mr Steve Reed
	uin	144296
	answer	answer is ministerial correction date of answer 21/05/2018 answer text <p>Paragraph 322(5) of the Immigration Rules is a long-standing provision which provides that applications for leave to remain or indefinite leave to remain should normally be refused where it would be undesirable for a person to remain in the UK in light of their conduct, character or associations, or where they represent a threat to national security. Refusal of an application for leave or indefinite leave to remain does not automatically lead to removal or deportation.</p><p>It is important that the Government retains the ability to refuse an application where we have identified that migrants have given deliberately false information in order to extend their stay or obtain settlement in the UK. It is not the Government’s policy to refuse applications by highly skilled migrants solely due to minor tax errors. Where any discrepancies are identified, applicants are given a right to explain the discrepancy. All such cases are signed off by a manager before refusal grounds are applied.</p><p>The Tier 1 (General) category was intended for highly skilled workers applying to work in the UK without requiring a sponsoring employer. The route was closed in April 2011, partly due to evidence of abuse by migrants using the route. Applications for indefinite leave to remain remained open until April 2018, for those who were in the category at the time it closed.</p><p>We have refused Tier 1(General) applications under paragraph 322(5) where an applicant’s character and conduct call into question their desirability of remaining in the UK. In these cases, refusals have been given where there have been substantial differences – often tens of thousands of pounds – between the earnings used to claim points in an immigration application and an applicant’s HMRC records, without a credible explanation from the applicant. We take all available evidence into account before making a decision and each application is considered on its own merits.</p><p>As I confirmed to the Home Affairs Select Committee on 8 May, we will carry out a review of these cases to see how many showed clear evidence of deceit, and whether any were refused due to minor errors. So far there is insufficient evidence to suggest there is any systemic problem which may lead to wrongful removals for this group, but this is one area our review will check.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 144295 144297 question first answered 21/05/2018 16:22:14 answering member 4048 label Biography information for Caroline Nokes
	tabling member	4268 label Biography information for Steve Reed

911100

	registered interest
	date	24/05/2018
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Deportation: Migrant Workers
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, pursuant to the Answer of 21 May 2018 to Question 144296 on Deportation: Migrant Workers, and with reference to refusals having been given where there have been substantial differences of often tens of thousands of pounds between the earnings used to claim points in an immigration application and an applicant’s HMRC records without a credible explanation from the applicant, what numerical value applies to the term often.
	tabling member constituency	Croydon North
	tabling member printed	Mr Steve Reed
	uin	147906
	answer	answer is ministerial correction date of answer 04/06/2018 answer text <p>As I confirmed to the Home Affairs Select Committee on 8 May and in my previous answer to Question 144296, we are carrying out a review of Tier 1 (General) cases. This includes a manual check of all refused applications since 1 January 2017. We will report the findings of the review to Parliament.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 04/06/2018 16:47:20 answering member 4048 label Biography information for Caroline Nokes
	tabling member	4268 label Biography information for Steve Reed