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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

1005991

registered interest
date	13/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Female Genital Mutilation
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what assessment his Department has made of the effectiveness of the approaches taken by different police forces when they are notified by a body which is legally bound to report FGM that a girl or woman has been subject to FGM.
tabling member constituency	Oxford East
tabling member printed	Anneliese Dodds
uin	190935
answer	answer is ministerial correction date of answer 20/11/2018 answer text <p>Female Genital Mutilation (FGM) is a crime and it is child abuse. The Government is clear that we will not tolerate a practice that can cause extreme and lifelong suffering to women and girls.</p><p>The Serious Crime Act 2015 introduced a new FGM mandatory reporting duty requiring all regulated health, social care and teaching professionals to report known cases of FGM in under 18s directly to the police.</p><p>The Home Office has published information for the professionals subject to the duty and the police on GOV.uk. This makes clear that upon receipt of a report the police will record the information and initiate a multi-agency response, in line with local safeguarding arrangements.</p><p>To improve understanding of the prevalence of so-called ‘Honour Based Violence’ including FGM, we amended the police Annual Data Requirement (ADR) to allow police forces the opportunity from April 2018 to record on a voluntary basis where a crime has been committed in the context of preserving the ‘honour’ of a family or community. This new voluntary collection is also capturing police recorded offences of FGM which were initially reported to the police under the duty.</p><p> </p> answering member constituency Louth and Horncastle answering member printed Victoria Atkins question first answered 20/11/2018 16:17:13 answering member 4399 label Biography information for Victoria Atkins
tabling member	4657 label Biography information for Anneliese Dodds

1006095

registered interest
date	13/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Kent Police: Finance
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what financial assistance he plans to provide to Kent Police in the event that the UK leaves the EU without a deal.
tabling member constituency	Sevenoaks
tabling member printed	Sir Michael Fallon
uin	190736
answer	answer is ministerial correction date of answer 19/11/2018 answer text <p>The Government is confident that we will secure the right deal for the UK’s exit from the European Union. We are working with the police to make appropriate plans should they be required. Any force which faces significant unexpected costs may apply for additional funding through the Police Special Grant in the first instance. Kent Police has made a request for funding through Special Grant in respect of planning costs, which is being considered.</p> answering member constituency Ruislip, Northwood and Pinner answering member printed Mr Nick Hurd question first answered 19/11/2018 17:17:46 answering member 1561 label Biography information for Mr Nick Hurd
tabling member	88 label Biography information for Sir Michael Fallon

1006101

registered interest
date	13/11/2018
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, what steps he plans to take to ensure that EU Settlement Scheme grant funding reaches groups (a) that have a real and established relationship with Roma communities and (b) in geographical areas where Roma communities are concentrated.
tabling member constituency	Stretford and Urmston
tabling member printed	Kate Green
uin	190877
answer	answer is ministerial correction date of answer 20/11/2018 answer text <p>The Home Office has undertaken extensive engagement with the voluntary and community sector, which includes specific engagement with organisations that work with Roma communities across the UK, through organised meetings, fora, teleconferences and workshops. Evaluation of bids will include criteria on geographical coverage and the range of people to be supported.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 20/11/2018 15:09:16 answering member 4048 label Biography information for Caroline Nokes
tabling member	4120 label Biography information for Kate Green

1006102

registered interest
date	13/11/2018
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, if he will consider changing in the EU Settlement Scheme grant funding the eligibility criterion that applications can be for no more than 25 per cent of an organisation’s annual income so that smaller community groups are not disadvantaged.
tabling member constituency	Stretford and Urmston
tabling member printed	Kate Green
uin	190878
answer	answer is ministerial correction date of answer 20/11/2018 answer text <p>Following market engagement, the Home Office is considering accepting bids from organisations where the grant would exceed 25% of an organisation’s annual income and how this might affect evaluation of a bid. The final criteria, including evaluation of financial viability, will be available in the invitation to tender documentation.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 20/11/2018 15:12:16 answering member 4048 label Biography information for Caroline Nokes
tabling member	4120 label Biography information for Kate Green

1006104

registered interest
date	13/11/2018
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, when he plans to publish the findings of the second phase of the testing of settled status applications which includes testing with Roma applicants.
tabling member constituency	Stretford and Urmston
tabling member printed	Kate Green
uin	190879
answer	answer is ministerial correction date of answer 20/11/2018 answer text <p>As set out in the Immigration Rules, the second phase of the private beta testing is open to workers in the health and social care sector across the country, as well as employees of all institutions classified as a Higher Education Institution listed on the Tier 4 sponsor register. This phase will also include some vulnerable individuals being supported by a small number of local authorities and civil society organisations.</p><p>We will provide further details in due course of the planned phased implementation of the scheme, and we will continue to update Parliament as part of that process. The second phase of this private beta testing runs from 1 November to 21 December.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 20/11/2018 15:11:11 answering member 4048 label Biography information for Caroline Nokes
tabling member	4120 label Biography information for Kate Green

1006141

registered interest
date	13/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Asylum: Detainees
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, how many women are currently being held in immigration detention while their asylum claims are being processed.
tabling member constituency	Stretford and Urmston
tabling member printed	Kate Green
uin	190881
answer	answer is ministerial correction date of answer 20/11/2018 answer text <p>The department currently does not record the information on the criteria as set; the number of women being held in detention while their asylum claims are being processed.</p><p>The number of women who were detained from 2010 Q1 to 2018 Q2 is available in table dt_13_q in the latest release of the ‘Immigration Statistics, ‘Year ending June 2018’, available from the Home Office website at; <a href="https://www.gov.uk/government/statistics/immigration-statistics-year-ending-june-2018-data-tables" target="_blank">https://www.gov.uk/government/statistics/immigration-statistics-year-ending-june-2018-data-tables</a>.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 20/11/2018 15:32:33 answering member 4048 label Biography information for Caroline Nokes
tabling member	4120 label Biography information for Kate Green

1006142

registered interest
date	13/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Asylum: Detainees
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 page 28 of the independent report entitled Welfare in detention of vulnerable persons review: progress report, published on gov.uk in July 2018, what steps his Department is taking in response to the recommendation that it should take steps to identify women claiming asylum who are being held in detention whose cases would be better processed in the community.
tabling member constituency	Stretford and Urmston
tabling member printed	Kate Green
uin	190882
answer	answer is ministerial correction date of answer 20/11/2018 answer text <p>Almost all asylum claims are processed in the community. Individuals who have their claim processed in detention have usually claimed asylum after being detained for removal, are detained for public protection reasons or have previously failed to comply with the UK’s immigration rules. In response to recommendation 10 in Stephen Shaw’s second report, we are considering whether more of those who claim asylum in detention could have their claims processed in the community.</p><p>In addition, the Home Secretary has undertaken to establish a pilot to manage vulnerable women in the community who would otherwise be detained in Yarl’s Wood and we anticipate that the pilot will have a role in addressing recommendation 10 for women who have claimed asylum in detention.</p><p> </p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 20/11/2018 15:30:46 answering member 4048 label Biography information for Caroline Nokes
tabling member	4120 label Biography information for Kate Green