Borders, Citizenship and Immigration Bill [HL]

I am afraid that I must resist this amendment. It is a fundamental tenet of our proposed reform of the path to citizenship that the rights and benefits of citizenship are reserved for those who have earned the right to them. Migrants earn those rights and benefits by completing both the temporary residence and the probationary citizenship path. We recognise that migrants make a significant contribution to this country both economically and in social terms. Nevertheless, it has been a long-standing policy that those entering the United Kingdom on the work or family routes should be expected to support themselves without access to benefits. This supports a clearly held public view that migrants should make an economic contribution and should not be a burden on the state. This policy should be strengthened and clarified so that everyone is clear that full access will be withheld until a migrant completes the path to citizenship. Of course, this does not apply to migrants who are on the protection route. It is right, given the special circumstances that led people on this route to come to the UK, that they should be able to access all benefits immediately. The restrictions on access to benefits and services at the probationary citizenship stage will apply only to migrants on the work route—that is, those highly skilled and skilled workers under tiers 1 and 2 of the points-based system—and the family route, for family members of British citizens and permanent residents. Further, all migrants, including those on the family and work routes, will have full access to national insurance contribution-based benefits on the same basis as British workers. These benefits are contribution-based jobseeker’s allowance, incapacity benefit, contributory employment and support allowance, retirement pension, maternity allowance and bereavement benefit. This applies equally during the probationary period of citizenship. We continue to believe that full access to benefits should normally be withheld until a migrant has earned the right to British citizenship or permanent residence. The amendment is also seriously flawed. While it would give probationary citizens access to social housing and homelessness assistance in Scotland and Northern Ireland, it would not do so in England or Wales. Nor is it sufficient to address the different positions that exist in respect of education and healthcare in England, Scotland, Wales and Northern Ireland. For example, the amendment cites only NHS regulations that apply in England and Wales. The noble Lord raised two points, one in relation to higher education and the second in relation to homelessness. In both cases the answers are simple but I would prefer to put them in writing to explain more clearly to him why what he suggests is not considered appropriate. If the noble Lord is content with that, I ask him to withdraw the amendment. I turn to Amendment 105A. I hope that noble Lords will forgive me; my paper-juggling skills are not great. I beg your Lordships’ pardon. I must admit to a certain degree of defeat.