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1007143

registered interest
date	14/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
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 Government's suitability criterion for settled status that the applicant must not be subject to a removal decision under the EEA Regulations on the grounds of their non-exercise or misuse of rights under Directive 2004/38/EC, what steps he is taking to ensure that workers with (a) zero-hours and (b) part-time contracts are not refused settled status as a result of their employment status.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	191403
answer	answer is ministerial correction date of answer 19/11/2018 answer text <p>The draft Withdrawal Agreement with the European Union published on 14 November 2018 protects the rights of EU citizens resident in the UK by the end of the planned implementation period on 31 December 2020 and their family members. Article 20 sets out the circumstances in which it may be appropriate to restrict the right of entry or residence to such an EU citizen or their family member.</p><p> </p><p>The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights, and it means that, while free movement rules continue to operate to the end of the planned implementation period, there will remain scope, consistent with the relevant case law, for a person to be removed from the UK on those grounds. It is logical that this is reflected in the Immigration Rules and published caseworker guidance for the EU Settlement Scheme, as it is in the provisions of and published caseworker guidance for the Immigration (European Economic Area) Regulations 2016 which provide for the operation in the UK of the Free Movement Directive (2004/83/EC). The guidance on the Regulations sets out how misuse of free movement rights is assessed and was reviewed following the Gureckis, Cielecki and Perlinski judgments in 2017.</p><p> </p><p>However, the Statement of Intent on the EU Settlement Scheme published on 21 June 2018 made clear that the UK has decided, as a matter of domestic policy, to be more generous than the draft Withdrawal Agreement in certain respects. In particular, those applying under the scheme will not be required to show that they meet all the requirements of current free movement rules, such as any requirement to have held comprehensive sickness insurance or generally to detail the exercise of specific rights under EU law, such as the right to work. This means that an applicant will not be refused status under the scheme because for example they are not economically active, their employment is not full-time or they do not hold comprehensive sickness insurance.</p><p> </p><p>An applicant refused status under the EU Settlement Scheme on eligibility or suitability grounds will be covered by the procedural guarantees provided for in Article 18(3) of the draft Withdrawal Agreement. Subject to Parliamentary approval of the primary legislation required to establish a right of appeal for the scheme, we intend that, consistent with Articles 18(3) and 21 of the draft Withdrawal Agreement, those applying under the scheme from 30 March 2019 will be given a statutory right of appeal if their application is refused.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 191400 191401 191402 191404 191405 question first answered 19/11/2018 18:00:13 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1007147

registered interest
date	14/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
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 Government's suitability criterion for settled status that the applicant must not be subject to a removal decision under the EEA Regulations on the grounds of their non-exercise or misuse of rights under Directive 2004/38/EC, whether the procedural guarantees provided for in Article 17(3) of the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community will apply to applicants who are refused settled status on suitability grounds.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	191404
answer	answer is ministerial correction date of answer 19/11/2018 answer text <p>The draft Withdrawal Agreement with the European Union published on 14 November 2018 protects the rights of EU citizens resident in the UK by the end of the planned implementation period on 31 December 2020 and their family members. Article 20 sets out the circumstances in which it may be appropriate to restrict the right of entry or residence to such an EU citizen or their family member.</p><p> </p><p>The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights, and it means that, while free movement rules continue to operate to the end of the planned implementation period, there will remain scope, consistent with the relevant case law, for a person to be removed from the UK on those grounds. It is logical that this is reflected in the Immigration Rules and published caseworker guidance for the EU Settlement Scheme, as it is in the provisions of and published caseworker guidance for the Immigration (European Economic Area) Regulations 2016 which provide for the operation in the UK of the Free Movement Directive (2004/83/EC). The guidance on the Regulations sets out how misuse of free movement rights is assessed and was reviewed following the Gureckis, Cielecki and Perlinski judgments in 2017.</p><p> </p><p>However, the Statement of Intent on the EU Settlement Scheme published on 21 June 2018 made clear that the UK has decided, as a matter of domestic policy, to be more generous than the draft Withdrawal Agreement in certain respects. In particular, those applying under the scheme will not be required to show that they meet all the requirements of current free movement rules, such as any requirement to have held comprehensive sickness insurance or generally to detail the exercise of specific rights under EU law, such as the right to work. This means that an applicant will not be refused status under the scheme because for example they are not economically active, their employment is not full-time or they do not hold comprehensive sickness insurance.</p><p> </p><p>An applicant refused status under the EU Settlement Scheme on eligibility or suitability grounds will be covered by the procedural guarantees provided for in Article 18(3) of the draft Withdrawal Agreement. Subject to Parliamentary approval of the primary legislation required to establish a right of appeal for the scheme, we intend that, consistent with Articles 18(3) and 21 of the draft Withdrawal Agreement, those applying under the scheme from 30 March 2019 will be given a statutory right of appeal if their application is refused.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 191400 191401 191402 191403 191405 question first answered 19/11/2018 18:00:13 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1007148

registered interest
date	14/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
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 Government's suitability criterion for settled status that the applicant must not be subject to a removal decision under the EEA Regulations on the grounds of their non-exercise or misuse of rights under Directive 2004/38/EC, whether his Department has reviewed its definition of misuse of rights following the case of The Queen on the application of Gunars Gureckis v Secretary of State for the Home Department; The Queen on the application of Mariusz Cielecki v Secretary of State for the Home Department; The Queen on the application of Mariusz Perlinski v Secretary of State for the Home Department [2017] EWHC 3298 (Admin).
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	191405
answer	answer is ministerial correction date of answer 19/11/2018 answer text <p>The draft Withdrawal Agreement with the European Union published on 14 November 2018 protects the rights of EU citizens resident in the UK by the end of the planned implementation period on 31 December 2020 and their family members. Article 20 sets out the circumstances in which it may be appropriate to restrict the right of entry or residence to such an EU citizen or their family member.</p><p> </p><p>The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights, and it means that, while free movement rules continue to operate to the end of the planned implementation period, there will remain scope, consistent with the relevant case law, for a person to be removed from the UK on those grounds. It is logical that this is reflected in the Immigration Rules and published caseworker guidance for the EU Settlement Scheme, as it is in the provisions of and published caseworker guidance for the Immigration (European Economic Area) Regulations 2016 which provide for the operation in the UK of the Free Movement Directive (2004/83/EC). The guidance on the Regulations sets out how misuse of free movement rights is assessed and was reviewed following the Gureckis, Cielecki and Perlinski judgments in 2017.</p><p> </p><p>However, the Statement of Intent on the EU Settlement Scheme published on 21 June 2018 made clear that the UK has decided, as a matter of domestic policy, to be more generous than the draft Withdrawal Agreement in certain respects. In particular, those applying under the scheme will not be required to show that they meet all the requirements of current free movement rules, such as any requirement to have held comprehensive sickness insurance or generally to detail the exercise of specific rights under EU law, such as the right to work. This means that an applicant will not be refused status under the scheme because for example they are not economically active, their employment is not full-time or they do not hold comprehensive sickness insurance.</p><p> </p><p>An applicant refused status under the EU Settlement Scheme on eligibility or suitability grounds will be covered by the procedural guarantees provided for in Article 18(3) of the draft Withdrawal Agreement. Subject to Parliamentary approval of the primary legislation required to establish a right of appeal for the scheme, we intend that, consistent with Articles 18(3) and 21 of the draft Withdrawal Agreement, those applying under the scheme from 30 March 2019 will be given a statutory right of appeal if their application is refused.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 191400 191401 191402 191403 191404 question first answered 19/11/2018 18:00:13 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1003596

registered interest
date	09/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
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 his Department’s announcement of 25 October 2018 of a new fund to support vulnerable EU citizens apply for settled status, what assessment his Department has made of (a) the number of voluntary and community organisations which will be able to receive funds under this scheme, (b) the geographical coverage of those organisations and (c) whether the level of funding will be sufficient to meet demand for that support.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	189674
answer	answer is ministerial correction date of answer 20/11/2018 answer text <p>The invitation to tender documents will describe any constraints on what the funding may be utilised for in order to ensure the grant funding is delivered for intended outcomes and any restrictions on which organisations may apply. The grant scheme will enable organisations across the UK to apply for funding to support vulnerable EU citizens. Data modelling and sector engagement have been used to gauge potential geographical coverage and associated volumes that might be supported.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 20/11/2018 16:13:39 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1003733

registered interest
date	09/11/2018
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	Prescriptions: Fees and Charges
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, what warnings are issued to patients who are repeatedly issued with penalty charge notices by the NHSBSA for wrongly claimed free prescriptions.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	189675
answer	answer is ministerial correction date of answer 20/11/2018 answer text <p>The NHS Business Services Authority (BSA) administers the Prescription Exemption Checking Service and issues penalty charge notices (PCN) when it is unable to confirm a prescription charge exemption claimed. The NHS BSA has confirmed that it has a process in place to identify and contact patients who are repeatedly issued with PCNs. Follow up action is determined on a case by case basis.</p> answering member constituency Winchester answering member printed Steve Brine question first answered 20/11/2018 11:37:09 answering member 4067 label Biography information for Steve Brine
tabling member	4058 label Biography information for Paul Blomfield

1003808

registered interest
date	09/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Entry Clearances: Overseas Students
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, how many credibility interviews have been carried out for students by Entry Clearance Officers in academic year (a) 2017-18 (b) 2016-17, (c) 2015-16, (d) 2014-15 and (e) 2013-14.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	189678
answer	answer is ministerial correction date of answer 19/11/2018 answer text <p>The Home Office does not publish data relating to credibility interviews.</p><p>All published data available for International operations can be found at the link below:</p><p><a href="https://www.gov.uk/government/publications/international-operations-transparency-data-august-2018" target="_blank">https://www.gov.uk/government/publications/international-operations-transparency-data-august-2018</a></p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 19/11/2018 19:06:12 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1003809

registered interest
date	09/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Entry Clearances: Overseas Students
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, how many international students obtained a Tier 4 visa in (a) 2017-18, (b) 2016-17, (c) 2015-16, (d) 2014-15 and (e) 2013-14 academic years; and how many of those students came from a nation registered in Appendix H of the Immigration Rules.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	189679
answer	answer is ministerial correction date of answer 16/11/2018 answer text <p>Information on grants of Tier 4 entry clearance visas, by nationality, is published in the quarterly Immigration Statistics, Visas data tables volume 3, table vi_06_q_s, latest edition at <a href="https://www.gov.uk/government/publications/immigration-statistics-year-ending-june-2018/list-of-tables#visas" target="_blank">https://www.gov.uk/government/publications/immigration-statistics-year-ending-june-2018/list-of-tables#visas</a></p><p>Information relating to July to September (Q3) 2018 is planned to be published on 29 November.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 16/11/2018 12:40:26 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1003810

registered interest
date	09/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Entry Clearances: Overseas Students
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, how many members of staff are employed as Entry Clearance Officers assessing Tier 4 student visa applications.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	189680
answer	answer is ministerial correction date of answer 19/11/2018 answer text <p>On 30 September 2018, the following numbers of Entry Clearance Officers and Entry Clearance Assistants were employed in relation to the processing of overseas visa applications:</p><p> </p><table><tbody><tr><td><p><strong>EO/ECO</strong></p></td><td><p><strong>AO/ECA</strong></p></td></tr><tr><td><p><strong>497</strong></p></td><td><p><strong>724</strong></p></td></tr></tbody></table><p>These staff can work on a range of case types and are not solely employed to process Tier 4 applications.</p><p>Historic data for staffing levels in a respect of academic year periods is not held.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 189681 question first answered 19/11/2018 19:11:01 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1003811

registered interest
date	09/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Entry Clearances: Overseas Students
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, how many staff were employed as Entry Clearance Officers assessing Tier 4 student visa applications in the (a) 2017-18, (b) 2016-17, (c) 2015-16, (d) 2014-15 and (e) 2013-14 academic years.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	189681
answer	answer is ministerial correction date of answer 19/11/2018 answer text <p>On 30 September 2018, the following numbers of Entry Clearance Officers and Entry Clearance Assistants were employed in relation to the processing of overseas visa applications:</p><p> </p><table><tbody><tr><td><p><strong>EO/ECO</strong></p></td><td><p><strong>AO/ECA</strong></p></td></tr><tr><td><p><strong>497</strong></p></td><td><p><strong>724</strong></p></td></tr></tbody></table><p>These staff can work on a range of case types and are not solely employed to process Tier 4 applications.</p><p>Historic data for staffing levels in a respect of academic year periods is not held.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 189680 question first answered 19/11/2018 19:11:01 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1003812

registered interest
date	09/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Entry Clearances: Overseas Students
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, whether his Department recognises any categories beyond compliant and non-compliant in relation to higher education institutions and Tier 4 student immigration.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	189682
answer	answer is ministerial correction date of answer 16/11/2018 answer text <p>To obtain and maintain a Tier 4 sponsor licence, institutions must show that all their sites meet acceptable educational quality standards, including both the quality of teaching and the management of the institution. An educational oversight body, which is independent from the Home Office, makes this assessment.</p><p>A sponsor which fails an educational oversight inspection will not be permitted to sponsor any further Tier 4 students until it achieves a satisfactory rating in a subsequent inspection, but will not have its licence revoked. It will be permitted to continue teaching its current Tier 4 students.</p><p>Tier 4 sponsors must also pass a Basic Compliance Assessment, which is a mandatory annual check on the compliance rate of a sponsor’s students. If a sponsor fails this check, it will normally have its licence revoked and will therefore not be able to sponsor any further Tier 4 students. There are no other compliance factors relating to Tier 4 sponsors which affect the consideration of Tier 4 immigration applications other than whether the sponsor continues to hold a valid tier 4 licence.</p><p>If a sponsor’s Tier 4 licence is revoked, the Home Office will consider whether the reasons that led to the revocation affect any other sponsor licence that it holds. Any action taken against the other licence depends on the nature of the compliance issues identified. Such actions may include imposing an action plan to assist the sponsor improve its compliance, or revocation of the licence in serious cases of non-compliance.</p><p>Each application is assessed on its own merits against the relevant immigration rules and policy.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 189683 question first answered 16/11/2018 12:44:57 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield