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Secretary Theresa May | | | Agreed to |
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| | | To move, That this House disagrees with the Lords in their Amendment. |
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| | | To move the following Amendments to the Bill in lieu of the Lords |
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| | Page 37, line 10, at end insert the following new Clause:— |
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| | | | “Overseas domestic workers |
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| | | (1) | Immigration rules must make provision for leave to remain in the United |
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| | | Kingdom to be granted to an overseas domestic worker— |
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| | | (a) | who has been determined to be a victim of slavery or human trafficking, |
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| | | (b) | in relation to whom such other requirements are met as may be provided |
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| | | (2) | Immigration rules must make provision as to the conditions on which such leave |
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| | | is to be granted, and must in particular provide— |
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| | | (a) | that the leave is to be for the purpose of working as a domestic worker in |
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| | | (b) | for a person who has such leave to be able to change employer (subject |
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| | | (3) | Immigration rules may specify a maximum period for which a person may have |
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| | | leave to remain in the United Kingdom by virtue of subsection (1). |
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| | | | If they do so, the specified maximum period must not be less than 6 months. |
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| | | (4) | For the purposes of this section an overseas domestic worker has been determined |
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| | | to be a victim of slavery or human trafficking if a public authority has determined |
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| | | that he or she is such a victim— |
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| | | (a) | under regulations made under section (Regulations about identifying and |
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| | | supporting victims)(2)(b), or |
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| | | (b) | where no such regulations apply, under arrangements identified in the |
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| | | (5) | The Secretary of State must issue guidance to persons having functions under the |
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| | | Immigration Acts about the exercise of those functions in relation to an overseas |
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| | | domestic worker who may be a victim of slavery or human trafficking. |
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| | | (6) | The guidance must provide for a period during which no enforcement action |
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| | | should be taken against such an overseas domestic worker in respect of his or |
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| | | (a) | remaining in the United Kingdom beyond the time limited by his or her |
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| | | leave to enter or remain, or |
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| | | (b) | breaching a condition of that leave relating to his or her employment, |
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| | | | if he or she did so because of the matters relied on as slavery or human trafficking. |
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| | | “immigration rules” has the same meaning as in the Immigration Act 1971; |
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| | | “enforcement action” has the meaning given by section 24A of that Act; |
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| | | “overseas domestic worker” means a person who, under the immigration |
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| | | rules, has (or last had) leave to enter or remain in the United Kingdom |
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| | | (a) | a domestic worker in a private household, or |
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| | | (b) | a private servant in a diplomatic household.” |
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| | Page 40, line 22, after “5”, insert “(except for section (Overseas domestic workers))” |
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| | Page 40, line 29, leave out “Parts 4,” and insert “Part 4, section (Overseas domestic |
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| | workers) in Part 5, and Parts” |
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| | | Lords Amendments 1 to 71 and 73 to 95 agreed to. |
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