Citizenship Applications

Private Notice Question

15:52:00

Asked by

To ask His Majesty’s Government what assessment they have made of Home Office guidance on citizenship applications from persons who arrived in the UK via unauthorised routes.

My Lords, we have strengthened measures to ensure that anyone who entered the UK illegally faces having British citizenship refused. We take our international obligations very seriously, and the good character policy is compliant with those obligations. The Government will continue to consider positive factors such as the contribution that a person has made to society, as well as negative factors such as breaches of immigration law. The policy provides for applications to be granted where mitigating circumstances mean that it would be appropriate to do so.

I am grateful to my noble friend for that nuanced Answer. I assure him of my absolute support for the actions of this Government in tackling people smugglers and organised criminal gangs and the securing of our borders. However, he may remember that I was responsible for the reshaping of, preparation for and granting of citizenship back in 2003—the tests, the ceremonies and the expected commitment to our country and our values. Will he ask the Home Secretary to reflect on the societal and cohesion aspects of this policy, the impact on children and their right to UK citizenship, and the statelessness that would arise for individuals if their birth country refused to renew or retain their nationality? Surely this Parliament should have a say in such a big change.

I am grateful to my noble friend for the work he did on citizenship when he was Home Secretary some years ago. He will know that the proposals today are about illegal entry to the United Kingdom and do not affect rightful citizenship applications for people who are entering legally. On those who are stateless and at risk of losing citizenship, there is a stateless leave provision for people who qualify, and they can apply for that; children will be considered sympathetically under existing legislation. My noble friend mentioned community cohesion. The central premise of government policy is to ensure that we have a society that respects and has cohesion. He highlighted the importance of the Government’s proposals to tackle small boat crossings and illegal migration. The Bill introduced in the House of Commons on Monday, which will reach this House in due course, provides for a new border force. It will tackle criminal gangs and make sure that we use the security services to gather and share data, and that we stop this pernicious trade, which is benefiting only those who wish to make money out of misery.

I am sure the Minister will acknowledge that the people in question would have been accepted as refugees. By definition, over a number of years, most of them would have been seeking to contribute to British society and focusing on integration. How will they take it when they find that, in the “good character” criterion, they are bracketed with criminals and terrorists? On a factual point, there must now be a lot of very distressed and anxious would-be citizens. Can the Minister confirm that the guidance will not apply to people who have arrived here before 10 February?

The guidance applies to individuals from 10 February of this year. The noble Baroness made a number of points about what is happening to asylum status. None of the proposals in the guidance mean that individuals cannot apply for asylum status. None of the proposals mean that individuals cannot have asylum status approved. None of the proposals mean that individuals cannot apply for citizenship. The basic test is that there is a presumption that those who enter the UK illegally will not have citizenship approved unless there are specific criteria in the guidance to make a case for their particular circumstances. The designed effect of that is to ensure that we reduce the amount of illegal migration and ensure that people enter the United Kingdom, or apply for asylum, through legal, strict routes and means.

My Lords, what proportion of people who have come into the country illegally since the Government took office have applied for asylum status?

I am grateful to the noble Baroness. I can give some figures, but not off the top of my head. I will certainly write to her about that. The key question is illegal migration. The guidance we are talking about is on revising procedures for those who have entered the United Kingdom illegally and currently could apply for British citizenship after a period of 10 years. We have lifted that 10-year procedure, so no one can have British citizenship approved, as a presumption, if they have entered the country illegally. They can still apply for British citizenship and have mitigating circumstances brought forward, should they so wish. A range of measures has been issued in the guidance published this week.

Can the Minister assure those of us who stood shoulder to shoulder with the Labour Party in opposing the previous Government’s completely discredited Rwanda proposals that people who come within asylum criteria are not affected by the announcement made today?

People entering the United Kingdom or applying for asylum using a viable and legal route are not affected. Individuals who come here through illegal routes will be subject to the criteria in the guidance, which are that they can apply for British citizenship, but the presumption is that it will be refused unless they bring forward mitigating circumstances, which can be considered. The noble Lord will know that the Bill introduced in another place on Monday repeals the Rwanda Act, on which we have already spent a wasteful £700 million. We will come to this House in due course to say that it was not a deterrent for illegal migration, and we should be looking at legal, safe routes, which I know the noble Lord supports.

My Lords, earlier today the leader of the Opposition in the other place asked the Prime Minister whether the Government will appeal a decision to allow a family from Gaza to stay in the UK, after applying through the Ukraine refugee system. The Prime Minister declined to answer. Can the Minister confirm that the Government will indeed appeal this decision?

Like the Prime Minister, I am not going to discuss individual cases over the Dispatch Box. The noble Lord will know that there are general principles, which we apply, for the provision of asylum. If those principles are broken or if the courts uphold a decision that the Government do not support, they will self-evidently appeal that decision. Today’s Private Notice Question from my noble friend Lord Blunkett is about the specific guidance issued on Monday, which is available to this House. In answer to a point from the noble Lord which I did not cover, it is guidance which does not require legal back-up or consultation. Self-evidently, he and my noble friend can make representations to the Government at any time, as can any Member of this House, about the implementation of that guidance.

My Lords, of course we all support the Government in taking tough action against the people traffickers as vile individuals, but can the Minister explain what the purpose of all this is? Is it meant to deter a young man in Calais who is hoping to get to this country? Will that young man look at the debate and say, “If I can’t get British citizenship, I’m not coming to the UK”? Of course not. Given the terrible circumstances that people have fled from, finding safety is surely much more important to them than the technicality of a passport, worthy as a passport is.

My noble friend has a long history of interest in and support for refugees and asylum seekers, and I respect and understand his position. The Government are trying to set down some basic red lines on a range of issues. The first red line is that people trafficking is a crime and will be pursued vigorously. The second is that the Rwanda scheme was ineffectual, and the third is that British citizenship is not a right but a privilege. That privilege will come to citizens if they enter this country under legal asylum routes or apply for citizenship through legal routes, but not if they have entered the country through an illegal route.

My Lords, it is important to support in general this approach by the Government, but I fear that there is some uncertainty. First, in relation to those who come here to claim asylum, under international law—we have had these debates on many occasions in the House—there is an argument that that in itself does not create illegality. It may be irregular but it may not be illegal. It is therefore important that the Government get their ducks in a row on this, because I think all of us would otherwise support the Government in saying that those who come here in blatant, illegal ways should not be granted the benefit of citizenship.

The Government believe, and I know that the noble Lord will share this belief, that the proposals in the guidance are compliant with our international obligations. It is an essential matter of government policy that we meet our international obligations. We believe that the Article 31 obligations are met by the proposals announced by my right honourable friend the Home Secretary on Monday of this week.

My Lords, having been a Minister in the Home Office responsible for law enforcement, I have a great deal of sympathy with and support for the Minister. However, law enforcement means enforcing international law. I have in front of me Article 34 of the convention, which we have signed. It is very clear that: “The Contracting States shall as far as possible facilitate”— I emphasise the term “facilitate”— “the assimilation and naturalization of refugees”. How is what the Minister proposes, and what this rule change implements, consistent with the term facilitation? If it is not, are we now going to withdraw from all or any part of the convention?

The Government are not going to withdraw from the convention. The Government support the convention and believe that the proposals referred to in this Private Notice Question are compliant with it. Nothing in the proposals today stops any individual applying for British citizenship, however they have arrived in the United Kingdom. But the presumption is that those who have arrived illegally will find their application turned down, unless they can provide a range of circumstances which are exceptional, compelling and mitigating, and where the Secretary of State may therefore choose to apply discretion to grant citizenship on an exceptional basis. I believe, as does my right honourable friend the Home Secretary, that that is compliant with our international obligations and, at the same time, examines what is an illegal route to the United Kingdom.

My Lords, is not this Labour proposal almost worse than the shocking Tory legislation that we spent three years opposing, in that people are going to be lulled into a false sense of security? The Tories tried to stop people getting refugee status; Labour is going to allow them to get refugee status and, as my noble friend Lady Hamwee said, start to contribute to and integrate into British society, and then, down the line, they will be told, “Oh no, we don’t want you as a citizen”. How can such a fundamental change be made through Home Office guidance rather than through primary legislation?

The guidance is there and the ability of the Government to change that guidance is there. We have made a Statement to the House of Commons in relation to that guidance being changed. There are many individuals who reside in the United Kingdom who live, work and enjoy the benefits of living in the United Kingdom and who are not British citizens. The right of citizenship is a different issue. As I said to my noble friend Lord Boateng, individuals can apply for citizenship, but the presumption is that they will be refused if they have entered illegally, unless there are compelling, mitigating circumstances. That is our position. That it is not worse than the Rwanda scheme—we are repealing the Rwanda scheme. We are changing the immigration scheme through the immigration Bill, which will come before this House in due course. The noble Baroness will know that there are major steps in that Bill to end the pernicious trade of people trafficking, to stop the wasteful Rwanda scheme, and to ensure that we place immigration and migration on a proper footing. Further, there will be an immigration White Paper later this year, which will cover a range of issues, including the needs of society and the need for immigration for the British economy and growth.

The more that we listen to this, the more a number of us conclude that this is a major change that deserves much more substantial consideration and scrutiny by both Houses of Parliament before it comes into force. Does the Minister accept that for refugees who have come here by whatever means, and who have become stateless and remain here indefinitely, under this measure, unless they are subject to what the Minister described a moment ago as citizenship on an exceptional basis, they are going to find themselves second-class citizens?

I accept that there will be individuals who either arrive here as stateless or subsequently find themselves stateless through loss of documents. There is a stateless route for application for leave to remain, and that remains in place. The Home Office has had to examine the question of British citizenship. In doing so, this guidance has been published. It is subject to—as it is today—discussion, comment and representation from Members of this House and the House of Commons.