My Lords, I rise to speak in support of the amendment moved by my noble friend Lord Rosser, particularly its reference to those who came to the UK as young children. I apologise if I repeat some of the arguments already made, but they bear repetition. I am grateful to the Refugee and Migrant Children’s Consortium for drawing to our attention the implications of doubling the surcharge for children and young people making immigration applications from within the UK on the basis of prior long residence in the UK, many of whom are vulnerable and living with parents who cannot possibly afford this surcharge.
I am struck by how the Government constantly refer to it as a charge for “temporary migrants”. The evidence base attached to the statutory instruments says that. The Minister’s Written Answer of 14 November to the noble Lord, Lord Jones of Cheltenham, said it. The Minister for Immigration said it when introducing the statutory instruments in committee in the other place, and this afternoon the Minister constantly used the term “temporary migrants”. As my noble friend said, these children are not temporary migrants. Many have grown up here, look to make a future here and have a legal right to do so. Why are they and their parents being expected to pay a surcharge which is designed for temporary migrants? I would be grateful if the Minister could answer that.
As we have heard, when added to the fees that families are already required to pay for their children to acquire indefinite leave to remain, the total bill over a 10-year period will come to more than £10,000.
Last week, the Parliamentary Under-Secretary of State for Children and Families made a Written Statement to mark the anniversary of the UN’s adoption of the Convention on the Rights of the Child. He stated:
“The UK is a proud and long-standing signatory of the United Nations convention on the rights of the child … and this Government remain fully committed to the promotion and safeguarding of children’s rights.
The UNCRC sets out an enduring vision for all children to grow up in a loving, safe and happy environment where they can develop their full potential, regardless of their background. This Government share that vision and are dedicated to providing the best possible opportunities for all children but especially those who have the hardest start in life”.—[Official Report, Commons, 20/11/18; col. 21WS.]
Will the Minister explain to your Lordships’ House how doubling the surcharge on top of the exorbitant fees these children and their families already face squares with that very positive vision?
According to the consortium, the cumulative cost of the fees and surcharge is,
“seriously impacting on the quality of children’s lives, affecting their development and forcing families into long-term poverty”.
Do the Government know or even care, given that they have not even bothered to make any reference to the potential impact of the surcharge increase on children and young people and their rights in the impact assessment provided? Will the Minister undertake to rectify this omission and at the very least ensure that a child’s rights impact assessment is provided retrospectively and, perhaps more importantly, in all future regulations relating to both immigration and citizenship fees and charges affecting children? This is not the first time that we have had regulations of this kind without any assessment of the impact on children.
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No doubt the Minister will respond that families who genuinely cannot afford the surcharge can apply for a waiver. According to ILPA, though, it is notoriously difficult to make a successful application for a fee waiver. It says:
“Applicants have to provide detailed evidence of their income and outgoings, their budgeting for necessities, explaining the minutiae of their finances to the Home Office. They are often also asked to show that they are unable to borrow the required amount from family or friends, and/or why not”.
That can be humiliating for people to provide. Having to provide that kind of detailed information about your budgeting and whether you can get by from day to day is going back to the 1930s means test.
The impact assessment acknowledges that only a proportion will be eligible for a waiver on destitution grounds. Could the Minister give an estimate of what that proportion is? I think my noble friend referred to 8%, but I am not sure if that was a different figure. Could she undertake to look again at the restrictiveness of the criteria for the rules that allow someone to get a waiver on destitution grounds? People really should not have to be destitute before they can get any sort of help.
Ministers are always very keen to talk up the availability of waivers in the context of immigration and related fees even when they are not available, as is the case with children’s citizenship registration fees. I would like to say how grateful I am to the noble Baroness, Lady Manzoor, for putting the record straight in her Written Answer to me of 20 November; that was very helpful.
That brings me to the wider context, which is the general level of Home Office fees, which has already been referred to. Would it not have made sense, as my noble friend says, to have awaited the report on fee
levels that is due from the Chief Inspector of Borders and Immigration before going ahead with this measure? Can the Minister give us an idea of when the Home Office expects to receive the chief inspector’s report and when the Home Office will publish it—those can be two very different things; there can be quite a long gap in between—and will she undertake that it will not be published on the eve of a recess in the middle of a whole lot of other reports so that no one notices, as is the Home Office’s wont?