Borders, Citizenship and Immigration Bill [HL]

We now move to the other "stray" clause in the Bill. I shall also be speaking to Amendments 109 to 110A, and Clause 47 stand part is included in the group so that we can have a wider discussion on what is proposed. I oppose the clause as it stands as there are not enough safeguards on what the Government are doing, so I shall give a brief outline of each amendment. Amendment 108E would restrict the power to impose a condition regarding studies so that it could be imposed only on migrants who had been given leave for the purposes of study rather than anyone with limited leave to enter or remain. Amendment 109, which is a probing amendment, would limit the condition on studies that could be imposed on someone with limited leave to enter or remain, thereby allowing the imposition of a condition that tied the person to study at a particular institute. Amendment 110 would require the Secretary of State to consider immediately any application to vary a condition regarding studies, and Amendment 110A would ensure that these conditions could not be imposed retrospectively. The amendments would improve the clause and assist with the intention by ensuring that the scope of the power properly matched its stated intention. In other words, it would allow the permission granted to overseas students to be linked to the particular institution that sponsors them under the points system. When the Minister replies, will he confirm that if a student wishes to change a course within his sponsored institution, he will be able to do so without having to appeal again or make a new application to the UK Border Agency? Clause 47 appears to allow for any condition to be imposed restricting the studies of anyone with limited leave to enter or remain in the United Kingdom. This could include restrictions that would tie a foreign student to a particular institution and require it to inform the UK Border Agency of a wish to change institution for the purposes of sponsorship and regulation of the points-based system. It could also include restrictions on any migrant with limited leave to remain or enter, including those who are undertaking, or wish to undertake, studies, who are not here as foreign students under the point-based system, migrant workers, those joining partners or other family members and refugees. I should like to see Clause 47 work effectively and to its purpose. For that, students must be sure of where they stand—hence our amendment on retrospectivity. They must be sure that in any dealings they have with the Home Office if they wish to change their studies within an institution—I hope the Minister will tell me that that is not necessary—or to change institution, it will deal with those applications speedily and efficiently. I have previously raised concerns that a student can get stuck on a course that is wrong for him because he cannot get a decision from the Home Office that would enable him to change his course or institution and he would require sponsorship by the new institution. Can the Minister give me assurances about how those applications will be handled and that they will be done with some speed? The Minister will recognise, as we do, that the huge majority of overseas students come here to study and, by doing so, to enhance their own learning, skills and abilities and that the reputation of this country relies, to some extent, on their view of what happens when they come here. Many of them bring with them, as they have to, financial assistance to those institutions in the form of substantial fees. We must get right the balance between the need to ensure that people coming to this country to study are bona fide and making it impossible for them to change their course if they are here. If someone suddenly finds that he does not want to be a consultant engineer but a doctor, we must make clear that that can happen, the process by which it can happen and the fact that it can be done in a timescale which will enable him to move from one course or position to another within the ambit of time that would enable him not to get left behind for too long.