Immigration (Biometric Registration) (Amendment) Regulations 2010

My Lords, on 25 November 2008 the UK Border Agency issued the first biometric residence permits, through regulations made under the UK Borders Act 2007, to applicants granted further leave under student, marriage and partnership categories. In 2009, the regulations were amended to include students applying under tier 4 of the points-based system and other, smaller categories. January 2010 saw the rollout to skilled workers extending their stay under tier 2, and now I beg to move that the Immigration (Biometric Registration) (Amendment) Regulations 2010 be considered to incorporate the two remaining active tiers of the points-based system for migration. In addition to those in migration categories who are already required to apply for a biometric residence permit, the regulations will introduce the biometric registration requirement for migrant workers applying to extend their stay in the UK for more than six months under tiers 1 and 5 of the points-based system, and for their dependants. Tier 1 covers highly skilled workers, investors, entrepreneurs and post-study work. Tier 5 is for certain types of sponsored temporary workers whose entry helps satisfy cultural, charitable, religious or international objectives. These permits enable the UK to comply with European regulation EC 1030/2002, as amended by EC 380/2008, which prescribes uniform residence permits containing fingerprints and photograph to be issued to third-country nationals staying in member states for more than six months. Key to any immigration control system is the ability to establish that a migrant granted leave to enter or remain in the UK is the rightful holder of immigration status set out in the document that evidences that entitlement. The integrity of immigration control is threatened by those who seek to make multiple fraudulent immigration applications, to work illegally and to access public funds and services to which they are not entitled. By enrolling a migrant’s unique biometric information, we can establish a reliable link between the holder and the permit. We can link the biographical details they give us to their unique biometric identifiers and check a person against our existing records before deciding whether to grant their application to be in the UK. Biometric residence permits make it easier and more reliable for the UK Border Agency, employers and public service providers to confirm a person’s immigration status and eligibility to entitlements in the UK. The infrastructure for these permits is in place and permits have been well received by legitimate migrants, employers and service providers as a secure and reliable way of confirming identity, immigration status, the right to work and the entitlement to access services. With more than 300,000 biometric residence permits now issued, the permit is now widely recognised and trusted as a secure immigration document. Guidance on checking the cards is available on the UK Border Agency’s website and a telephone verification service is available for employers. To date, the rollout has largely run smoothly, with the majority of successful applicants receiving their permits within a few days of being notified that their application for further leave was granted. Enrolment provision has been expanded to meet customer need, with 11 Home Office biometric enrolment centres and 17 Crown Post Offices offering enrolment. I will briefly set out the categories to which regulations already apply. Biometric residence permits are currently issued to those granted further leave to stay in the UK for more than six months as skilled workers applying under tier 2 of the points-based system, which is for people coming to fill shortage occupations or a gap in the labour market that cannot be filled by a settled worker and includes elite sportspersons and coaches, ministers of religion, missionaries or members of religious orders. Tier 4 of the points-based system, which is for students is also already covered, along with a number of other categories of applicant extending for more than six months: spouses and partners of persons present and settled in the United Kingdom, representatives of overseas businesses, academic visitors, visitors for private medical treatment, domestic workers in private households, those applying on the grounds of United Kingdom ancestry and retired persons of independent means. Those transferring their conditions of limited leave from an old passport are also covered. Where the Immigration Rules allow dependants to join the applicant, the biometric regulations also apply to them, whenever they make such an application. The 2010 regulations build from the previous biometric registration regulations and take us further towards complying fully with our obligations under EU regulations. To complete rollout to all tiers of the points-based system, we now seek to incorporate tiers 1 and 5. Tier 1 is designed to attract to the UK the brightest and best migrants from around the world who have the most to contribute to our economy and the Committee will be aware that the Immigration Minister recently confirmed: "““Those coming into the UK under the highly skilled migrant route should only be able to do highly skilled jobs—it should not be used as a means to enter the low-skilled jobs market””." There are four sub-categories: general, for the most highly skilled workers, who are granted free access to the UK labour market so that they can look for work or self-employment opportunities; entrepreneurs, for those investing in the UK by setting up or taking over and being actively involved in the running of one or more businesses; investors, for high-net-worth individuals making a substantial financial investment—at least £1 million—to the UK; and post-study work, for the most able international graduates who have studied here, to enhance the UK’s overall offer to international students and providing a bridge to highly skilled or skilled work. Tier 5 is for youth mobility and temporary workers who are coming to work in the UK for short periods for primarily non-economic objectives. There are two sub-categories of tier 5: temporary workers, for certain types of temporary worker whose entry helps to satisfy cultural, charitable, religious or international objectives, and the youth mobility scheme. Those coming to the UK under this sub-category are not able to extend their stay in the UK under the Immigration Rules so will not be affected by these regulations. I am happy to try to answer specific questions about these regulations if noble Lords wish to raise them. I commend these regulations to the Committee. I believe they are proving to be a useful tool in tackling illegal immigration and illegal working. Employers have told us they welcome the documents as a secure and reliable means of confirming the right to work. When we intend introducing further categories of foreign nationals who are required to apply for a biometric residence permit, we will return to Parliament and seek further approval. I hope that I have explained the purpose of the regulations, and I beg to move.