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1521185

registered interest
date	12/10/2022
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Migrants: Children
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 11 October 2022 to Question 53260 on Migrants: Children, what safeguards her Department has identified that ensure British children of parents with no recourse to public funds receive support when (a) facing destitution and (b) other care needs.
tabling member constituency	East Ham
tabling member printed	Sir Stephen Timms
uin	61702
answer	answer is ministerial correction date of answer 18/10/2022 answer text <p>The Government is committed to protecting the vulnerable. Processes are in place to enable those with permission under the Family or Private Life routes, permission outside the rules on the basis of Article 8 of the European Convention on Human Rights, or the Hong Kong British National (Overseas) route, to apply for free to have the No Recourse to Public Funds (NRPF) condition lifted by making a ‘change of conditions’ application. An individual can apply to have their NRPF condition lifted if they are destitute or at risk of imminent destitution, if there are reasons relating to the welfare of a relevant child, or where there are other exceptional financial circumstances.</p><p>This includes parents of British children where those parents are subject to a NRPF condition.</p><p>Section 17 of the Children Act 1989 imposes a general duty on local authorities to safeguard and promote the welfare of “children in need” in their area. Support provided to a child by local authorities under Section 17 of the Children Act 1989 is not dependent on the immigration status of the child or their parent(s) and is therefore available to parents of British children where those parents are subject to an NRPF condition.</p> answering member constituency Corby answering member printed Tom Pursglove question first answered 18/10/2022 14:12:42 answering member 4369 label Biography information for Tom Pursglove
tabling member	163 label Biography information for Sir Stephen Timms

1507260

registered interest
date	21/09/2022
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Migrants: Children
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 impact of the no recourse to public funds policy on British children whose parents have no recourse to public funds.
tabling member constituency	East Ham
tabling member printed	Sir Stephen Timms
uin	53260
answer	answer is ministerial correction date of answer 11/10/2022 answer text <p>Temporary migrants are generally required to support themselves and any accompanying family members, including children, in the UK without recourse to public funds. This is a well-established principle that protects taxpayer-funded public services from becoming overburdened.</p><p>Where a child is born in the UK, in order to be a British citizen, at least one parent must be a British citizen or be settled in the UK (such as holding indefinite leave to remain) at the time of the child’s birth. This means that British children will generally have at least one parent who is eligible to claim public funds.</p><p>Where British children’s parents do have a NRPF condition there are, nonetheless, strong and important safeguards in place to ensure they can receive support where they are destitute, at risk of destitution, or have community care needs, including issues relating to human rights or the wellbeing of children.</p> answering member constituency Corby answering member printed Tom Pursglove question first answered 11/10/2022 09:54:21 answering member 4369 label Biography information for Tom Pursglove
tabling member	163 label Biography information for Sir Stephen Timms

1507440

registered interest
date	21/09/2022
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Migrants: Children
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 judgment of the High Court in R (AB and Another) v Secretary of State for the Home Department [2022] EWHC 1524, in particular paragraph 54 of that judgement, whether she plans to take steps to ensure that the position of a British child is examined and their best interests ascertained before the condition of no recourse to public funds is imposed on their parent’s grant of limited leave to remain; and if she will make a statement.
tabling member constituency	East Ham
tabling member printed	Sir Stephen Timms
uin	53262
answer	answer is ministerial correction date of answer 11/10/2022 answer text <p>The Home Office has considered the judgment of the High Court in R (AB and Another) v Secretary of State for the Home Department [2022] EWHC 1524. We are in the process of making changes to the online guidance to comply with the judgement and it will be updated in Autumn 2022.</p><p>Additionally, Gen.1.11A of Appendix FM to the Immigration Rules was laid in Parliament on 15 March 2022 and came into force on 20 June 2022. This states that certain types of leave will normally be granted subject to a condition of no recourse to public funds, unless the applicant has provided the decision-maker with evidence that:</p><p>(a) the applicant is destitute as defined in section 95 of the Immigration and Asylum Act 1999, or is at risk of imminent destitution</p><p>(b) there are reasons relating to the welfare of a relevant child which outweigh the considerations for imposing or maintaining the condition (treating the best interests of a relevant child as a primary consideration).</p> answering member constituency Corby answering member printed Tom Pursglove grouped question UIN 53259 question first answered 11/10/2022 10:01:31 answering member 4369 label Biography information for Tom Pursglove
tabling member	163 label Biography information for Sir Stephen Timms

1503869

registered interest
date	02/09/2022
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Migrants: Children
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 judgments R (W) v SSHD [2020] EWHC1299 (Admin) of 20 May 2020 and ST and Anor v Secretary of State for the Home Department [2021] EWHC 1085 (Admin)) of 29 April 2021, what recent assessment her Department has made of the impact of the immigration regulations governing No Recourse to Public Funds and social security support on the families of ethnic minority British children subject to those conditions.
tabling member constituency	East Ham
tabling member printed	Sir Stephen Timms
uin	45495
answer	answer is ministerial correction date of answer 07/09/2022 answer text <p>Revised No Recourse to Public Funds (NRPF) guidance was published on 18 October 2021 to ensure the best interests of children are considered when considering whether to lift NRPF conditions.</p><p>People with leave under the Family, Private life and Human Rights routes that engage Article 8 of the European Convention on Human Rights, and those who have been granted leave on the Hong Kong British National (Overseas) route can apply, for free, to have their NRPF condition lifted by making a ‘change of conditions’ application. An individual can apply if they are destitute or at risk of imminent destitution, if the welfare of their child is at risk due to their low income, or where there are other exceptional financial circumstances.</p><p>Section 17 of the Children Act 1989 imposes a general duty on local authorities to safeguard and promote the welfare of “children in need” in their area. Support provided to a child by local authorities under Section 17 of the Children Act 1989 is not dependent on the immigration status of the child or their parent(s).</p><p>Local authorities may also provide basic safety net support, regardless of immigration status, if it is established there is a genuine care need which does not arise solely from destitution, for example, where there are community care needs, migrants with serious health problems or family cases where the wellbeing of a child is in question.</p><p>Status holders who have made the necessary national insurance contributions can also claim contributory benefits such as contribution-based Jobseekers Allowance, statutory sick pay, and the state pension.</p> answering member constituency Corby answering member printed Tom Pursglove question first answered 07/09/2022 16:58:15 answering member 4369 label Biography information for Tom Pursglove previous answer version 17505 answering member constituency Corby answering member printed Tom Pursglove answering member 4369 label Biography information for Tom Pursglove
tabling member	163 label Biography information for Sir Stephen Timms

1243536

registered interest
date	14/10/2020
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Migrants: Children
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 recommendation 6 of her Department's Policy Equality Statement of 17 April 2020, when she plans to reissue that Policy Equality Statement on No Recourse to Public Funds so that it addresses the point relating to the impact on British citizen children.
tabling member constituency	East Ham
tabling member printed	Stephen Timms
uin	103406
answer	answer is ministerial correction date of answer 19/10/2020 answer text <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 and specifically addresses the point relating to the impact on British children. It can be found at the following link:</p><p>https://www.gov.uk/government/publications/application-for-change-of-conditions-of-leave-to-allow-access-to-public-funds-if-your-circumstances-change</p><p> </p><p>The NRPF policy is based on the well-established principle that migrants coming to the UK are expected to maintain and support themselves and their families without posing a burden on the UK’s welfare system. Access to benefits and other publicly funded services reflects the strength of a migrant’s connections to the UK and is normally linked to indefinite leave to remain.</p><p>Individuals with leave under the family or private life routes, including those with British children, can apply for the restriction on accessing public funds to be lifted or not imposed if they are at risk of destitution or where there are concerns about the welfare of their child.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 19/10/2020 15:41:19 answering member 4503 label Biography information for Chris Philp
tabling member	163 label Biography information for Sir Stephen Timms

1232961

registered interest
date	09/09/2020
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Migrants: Children
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what proportion of applicants for a change of conditions to no recourse to public funds made in each quarter since the third quarter of 2017 had dependents under 18.
tabling member constituency	East Ham
tabling member printed	Stephen Timms
uin	87476
answer	answer is ministerial correction date of answer 16/09/2020 answer text <p>Following previous questions and the commitment given to UK Statistics Authority (UKSA), Change of Conditions information is now part of the transparency data which can be found here:</p><p><a href="https://eur01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fpublications%2Fimmigration-protection-data-august-2020&amp;data=02%7C01%7CClaire.MacCormac1%40homeoffice.gov.uk%7C79efffd19db94705397d08d858b7b79a%7Cf24d93ecb2914192a08af182245945c2%7C0%7C0%7C637356893362295720&amp;sdata=vemJAzel3ZzElus8LjU0kVbDHyTagYP1noWNdKQm30I%3D&amp;reserved=0" target="_blank">https://www.gov.uk/government/publications/immigration-protection-data-august-2020</a>. The relevant data is in tab CoC_01.</p><p>Currently we cannot provide the data requested because this information is not readily available and would require a more detailed examination of all Change of Conditions cases to establish whether the data requested is held and would meet the quality requirements for release.</p><p>As part of the regular publication of this data the Home Office will review whether the data can be meaningfully broken down any further.</p><p> </p> answering member constituency Torbay answering member printed Kevin Foster grouped question UIN 87474 87475 87477 87478 question first answered 16/09/2020 15:53:55 answering member 4451 label Biography information for Kevin Foster
tabling member	163 label Biography information for Sir Stephen Timms

1232963

registered interest
date	09/09/2020
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Migrants: Children
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, how many applicants for a change of conditions to no recourse to public funds in each quarter since the third quarter of 2017 had dependents under 18 who are (a) British children and (b) have a disability.
tabling member constituency	East Ham
tabling member printed	Stephen Timms
uin	87477
answer	answer is ministerial correction date of answer 16/09/2020 answer text <p>Following previous questions and the commitment given to UK Statistics Authority (UKSA), Change of Conditions information is now part of the transparency data which can be found here:</p><p><a href="https://eur01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fpublications%2Fimmigration-protection-data-august-2020&amp;data=02%7C01%7CClaire.MacCormac1%40homeoffice.gov.uk%7C79efffd19db94705397d08d858b7b79a%7Cf24d93ecb2914192a08af182245945c2%7C0%7C0%7C637356893362295720&amp;sdata=vemJAzel3ZzElus8LjU0kVbDHyTagYP1noWNdKQm30I%3D&amp;reserved=0" target="_blank">https://www.gov.uk/government/publications/immigration-protection-data-august-2020</a>. The relevant data is in tab CoC_01.</p><p>Currently we cannot provide the data requested because this information is not readily available and would require a more detailed examination of all Change of Conditions cases to establish whether the data requested is held and would meet the quality requirements for release.</p><p>As part of the regular publication of this data the Home Office will review whether the data can be meaningfully broken down any further.</p><p> </p> answering member constituency Torbay answering member printed Kevin Foster grouped question UIN 87474 87475 87476 87478 question first answered 16/09/2020 15:53:55 answering member 4451 label Biography information for Kevin Foster
tabling member	163 label Biography information for Sir Stephen Timms

1200964

registered interest
date	08/06/2020
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Migrants: Children
house id	1
legislature	25259 pref label House of Commons
question text	If she will suspend the no recourse to public funds condition for families with children that have leave to remain in the UK for the duration of the covid-19 outbreak.
tabling member constituency	East Ham
tabling member printed	Stephen Timms
uin	903023
answer	answer is ministerial correction date of answer 08/06/2020 answer text <p>This Government has made it our priority to protect the vulnerable through this national emergency. We have put in place a range of measures for everyone to stay safe as we fight Coronavirus, including those with NRPF.</p><p><strong> </strong>May I thank the Rt Hon member for his continued engagement on this important issue.</p><p>Families with leave under family and human rights routes can apply, free of charge, to have no recourse to public funds conditions lifted. We encourage anyone eligible to submit an application and these will be considered compassionately.</p><p>Practical support such as rent protections and the Coronavirus Job Retention Scheme apply to those with NRPF conditions, and we have allocated more than £3.2billion to local authorities and £750million to charities to support the most vulnerable.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 08/06/2020 15:17:46 answering member 4503 label Biography information for Chris Philp
tabling member	163 label Biography information for Sir Stephen Timms