House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

39

House of Commons

Thursday 7 November 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Immigration Bill

Note

The amendments have been arranged in accordance with Order of the Committee

[29 October 2013].

Mr David Hanson

Helen Jones

Phil Wilson

49

Clause  15,  page  15,  line  7,  after ‘Chapter’, insert ‘subject to the provisions set out

in section [Consultation with the devolved administrations]’.

Mr David Hanson

Helen Jones

Phil Wilson

50

Clause  15,  page  15,  line  7,  after ‘Chapter’, insert ‘subject to the provisions set out

in section [Pilot of residential housing provisions]’.

Mr David Hanson

Helen Jones

Phil Wilson

25

Clause  15,  page  15,  line  24,  leave out ‘order’ and insert ‘regulations’.

Mr David Hanson

Helen Jones

Phil Wilson

26

Clause  15,  page  15,  line  27,  at end add—

‘(8)
Regulations under subsection (6)—

Public Bill Committee: 7 November 2013
40

Immigration Bill, continued

(a)
shall be made by statutory instrument, and

(b)
may not be made unless a draft has been laid before, and approved by

resolution of, each House of Parliament.’.

Mr David Hanson

Helen Jones

Phil Wilson

30

Schedule  3,  page  55,  line  22,  after ‘hostel’, insert ‘night shelter or domestic

women’s refuge’.

Mr David Hanson

Helen Jones

Phil Wilson

31

Schedule  3,  page  56,  line  35,  leave out paragraph 8.

Paul Blomfield

Meg Hillier

59

Schedule  3,  page  57,  line  4,  leave out from ‘building’ to the end of line 26 and

insert ‘between—

(a)
a landlord, as defined in paragraph 3 of section 15; and

(b)
one of the following—

(i)
an applicant for a Tier 4 visa holding a certificate of acceptance

of studies issued by an authority-funded educational institution;

or

(ii)
an applicant for a student visitor visa for a period longer than six

months.’.

Mr Mark Harper

10

Clause  17,  page  16,  line  22,  at end insert—

‘( )
A landlord is to be taken to “authorise” an adult to occupy premises in the

circumstances mentioned in subsection (1) if (and only if) there is a contravention

of this section.’.

Mr Mark Harper

11

Clause  17,  page  17,  line  11,  at end insert—

‘( )
A contravention of this section does not affect the validity or enforceability of any

provision of a residential tenancy agreement by virtue of any rule of law relating

Public Bill Committee: 7 November 2013
41

Immigration Bill, continued

to the validity or enforceability of contracts in circumstances involving

illegality.’.

Meg Hillier

52

Clause  19,  page  18,  line  9,  at end insert ‘or

(c)
an “in time” application for leave to remain has been made and the agent

has secured—

(i)
a letter confirming the application from an accredited legal

representative, and

(ii)
proof of delivery.’.

Meg Hillier

53

Clause  21,  page  19,  line  18,  after ‘into’ insert ‘or

(b)
an “in time” application for leave to remain has been made and the

landlord has secured—

(i)
a letter confirming the application from an accredited legal

representative, and

(ii)
proof of delivery.’.

Mr David Hanson

Helen Jones

Phil Wilson

27

Clause  24,  page  21,  line  42,  leave out paragraph (c).

Mr David Hanson

Helen Jones

Phil Wilson

28

Clause  24,  page  22,  line  7,  leave out paragraph (b).

Public Bill Committee: 7 November 2013
42

Immigration Bill, continued

John Robertson

56

Clause  27,  page  23,  line  43,  at end insert—

‘(ba)
the responsibility for agents to inform landlords, where the agent takes

over management of the property, that an agreement should be made over

the responsible party for immigration checks.’.

Mr Mark Harper

12

Clause  29,  page  25,  line  4,  at end insert—

‘( )
If the draft of an instrument containing an order under or in connection with this

Chapter would, apart from this subsection, be a hybrid instrument for the

purposes of the standing orders of either House of Parliament, it is to proceed in

that House as if it were not a hybrid instrument.’.

Dr Julian Huppert

37

Clause  33,  page  27,  line  24,  after ‘charge’, insert ‘for—

(i)
holders of tier 4 student visas and student visitor visas;

(ii)
a person who has made National Insurance payments for two

financial years; and

(iii)
other groups that the Secretary of State may specify in the

order.’.

Meg Hillier

54

Clause  33,  page  27,  line  24,  after ‘charge’, insert ‘for those needing treatment for

HIV, TB and other communicable diseases as agreed by the Secretary of State for wider

public health benefit.’.

Paul Blomfield

Meg Hillier

57

Clause  33,  page  27,  line  24,  after ‘charge’, insert ‘including but not limited to—

(i)
applicants for a Tier 4 visa holding a certificate of acceptance of

studies issued by an authority-funded educational institution;

and

(ii)
applicants for student visitor visas for a period longer than six

months.’.

Meg Hillier

55

Clause  33,  page  27,  line  26,  at end insert—

‘(g)
exempt pregnant women from the charge.’.

Public Bill Committee: 7 November 2013
43

Immigration Bill, continued

Helen Jones

Mr David Hanson

Phil Wilson

51

Clause  33,  page  27,  line  30,  at end insert—

‘(4A)
The Government shall, 12 months from Royal Assent of this Act, lay before the

House a report on the sums collected under this section and the expenditure

thereof.’.

Paul Blomfield

Meg Hillier

58

Clause  33,  page  27,  line  34,  at end insert—

‘“authority-funded” has the meaning given by Regulation 4(a) of the

Education (Student Support and European University Institute)

(Amendment) Regulations 2013.’.

Mr Mark Harper

60


Clause  45,  page  35,  line  39,  at end insert—

‘(2A)
A relevant party must comply with a requirement specified in regulations made

under section 46(4) if—

(a)
the section 43 notice given to the relevant party states that he or she must

do so, or

(b)
the Secretary of State subsequently notifies the relevant party (orally or

in writing) that he or she must do so;


and the relevant party must comply with that requirement in the manner stated in

the section 43 notice or in the Secretary of State’s notification (if such a manner

is stated there).’.

Mr Mark Harper

61


Clause  45,  page  36,  line  31,  leave out from ‘by’ to end of line 32 and insert ‘or in

accordance with—

(a)
subsection (2A);’.

Mr Mark Harper

62


Clause  46,  page  36,  line  43,  at end insert—

‘(ba)
notice that a relevant party may be required to comply with one or more

requirements imposed by the Secretary of State subsequently in

accordance with section 45(2A); and’.

Mr Mark Harper

63


Clause  46,  page  37,  line  11,  leave out from ‘regulations,’ to end of line 12 and

insert ‘specify requirements relating to the conduct of investigations which may be

Public Bill Committee: 7 November 2013
44

Immigration Bill, continued

imposed on a relevant party by the section 43 notice or by the Secretary of State

subsequently in accordance with section 45(2A).’.

Mr Mark Harper

64


Clause  46,  page  37,  line  13,  leave out ‘impose’ and insert ‘specify’.

Mr Mark Harper

65


Clause  46,  page  37,  line  14,  at end insert—

‘(za)
a requirement to make contact with a particular person or description of

persons in a particular way (including by telephoning a particular

number) within a particular time period;’.

Mr Mark Harper

66


Schedule  4,  page  59,  line  14,  leave out ‘(2) to (4)’ and insert ‘(4) or (5A)’.

Mr Mark Harper

67


Schedule  4,  page  60,  line  7,  first column, leave out from beginning to ‘is’ in line 13

and insert—

‘(a) The usual address of each

party to the proposed marriage

(b) If the usual address of a

party’.

Mr Mark Harper

68


Schedule  4,  page  61,  line  6,  leave out from beginning to end of line 8.

Mr Mark Harper

69


Schedule  4,  page  62,  line  12,  at end insert—

‘(5A)
If subsection (2) or (3) applies to the notice, and the notice is not accompanied by

the specified evidence required by that subsection, the notice must be

accompanied by—

(a)
specified photographs (within the meaning of section 27E) of each of the

parties to the proposed marriage;

(b)
the usual address of each party to the proposed marriage;

(c)
specified evidence that the usual address of a party provided in

accordance with paragraph (b) is that party’s usual address; and

(d)
if the usual address of a party provided in accordance with paragraph (b)

is outside the United Kingdom, an address in the United Kingdom at

which that party can be contacted by post.’.

Public Bill Committee: 7 November 2013
45

Immigration Bill, continued

Mr Mark Harper

70


Schedule  4,  page  62,  line  41,  after ‘(6)’ insert ‘or 28C(5A)’.

Mr Mark Harper

71


Schedule  4,  page  62,  line  45,  after ‘(6)’ insert ‘or 28C(5A)’.

Mr Mark Harper

72


Schedule  4,  page  63,  line  3,  leave out ‘or 27E’ and insert ‘, 27E or 28C’.

Mr Mark Harper

73


Schedule  4,  page  63,  line  16,  leave out ‘or 27E’ and insert ‘, 27E or 28C’.

Mr Mark Harper

74


Schedule  4,  page  64,  line  27,  after ‘(3)’ insert ‘in relation to a party to the proposed

marriage’.

Mr Mark Harper

75


Schedule  4,  page  64,  line  29,  leave out from ‘that’ to second ‘is’ in line 30 and

insert ‘that party to the proposed marriage’.

Mr Mark Harper

76


Schedule  4,  page  65,  line  36,  leave out from ‘apply’ to end of line 2 on page 66 and

insert ‘unless and until one of the following events occurs.

    (1A)
Event 1 occurs if—

(a)
the Secretary of State gives the superintendent registrar the section

43notice, and

(b)
that notice is of a decision not to investigate whether the referred

marriage is a sham.

    (1B)
Event 2 occurs if—

(a)
the relevant statutory period ends, and

(b)
the Secretary of State has not given the superintendent registrar the

section 43 notice.

    (1C)
Event 3 occurs if—

(a)
the Secretary of State gives the superintendent registrar the section 43

notice,

(b)
that notice is of a decision to investigate whether the referred marriage

is a sham,

(c)
the Secretary of State gives the superintendent registrar the section 45

notice, and

(d)
that notice is of a decision that both of the parties to the referred

marriage have complied with the investigation.

    (1D)
Event 4 occurs if—

(a)
the 70 day period ends, and

(b)
the Secretary of State has not given the superintendent registrar the

section 45 notice.



© Parliamentary copyright	Revised 7 November 2013