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Notices of Amendments: 26 March 2019                  

15

 

Immigration and Social Security Co-ordination (EU Withdrawal) Bill, continued

 
 

(3)    

In this section, “hostile environment legislation” means—

 

(a)    

sections 34 to 45 of the Immigration Act 2016;

 

(b)    

sections 20 to 47 of the Immigration Act 2014;

 

(c)    

sections 15 to 26 of the Immigration, Asylum and Nationality Act 2006.”

 


 

Neil Coyle

 

NC16

 

To move the following Clause—

 

         

“Recourse to public funds: EEA and Swiss nationals with children

 

(1)    

EEA and Swiss nationals with dependants under the age of 18 must be exempt

 

from any no recourse to public funds condition that would otherwise be placed on

 

them under Immigration Rules.

 

(2)    

For the purposes of this section, a public fund is defined as any of the following—

 

(a)    

attendance allowance;

 

(b)    

carer’s allowance;

 

(c)    

child benefit;

 

(d)    

child tax credit;

 

(e)    

council tax benefit;

 

(f)    

council tax reduction;

 

(g)    

disability living allowance;

 

(h)    

discretionary support payments by local authorities or the devolved

 

administrations in Scotland and Northern Ireland which replace the

 

discretionary social fund;

 

(i)    

housing and homelessness assistance;

 

(j)    

housing benefit;

 

(k)    

income-based jobseeker’s allowance;

 

(l)    

income related employment and support allowance (ESA);

 

(m)    

income support;

 

(n)    

personal independence payment;

 

(o)    

severe disablement allowance;

 

(p)    

social fund payment;

 

(q)    

state pension credit;

 

(r)    

universal credit;

 

(s)    

working tax credit;

 

(t)    

Immigration Health Surcharge (IHS).”

 

Member’s explanatory statement

 

This new clause would prevent EEA and Swiss families with children under the age of 18 from

 

being given the right to remain in the UK but not being allowed access to public funds.

 



 
 

Notices of Amendments: 26 March 2019                  

16

 

Immigration and Social Security Co-ordination (EU Withdrawal) Bill, continued

 
 

Kate Green

 

NC17

 

To move the following Clause—

 

         

“Application system for EEA and Swiss nationals granted settled status to

 

apply for British citizenship

 

(1)    

The Secretary of State must, within 6 months of this Act receiving Royal Assent,

 

establish a bespoke system for EEA and Swiss nationals who have been granted

 

settled status to apply for British citizenship.

 

(2)    

The application system established under subsection 1 must not contain a

 

minimum length of time that applicants must have held settled status for before

 

they are eligible to apply for British citizenship.

 

(3)    

The Secretary of State must ensure that any fees charged to applicants applying

 

under the scheme are commensurate to the cost of administering an individual

 

application.”

 

Member’s explanatory statement

 

This new clause would require the Government to create a bespoke pathway from Settled Status to

 

British Citizenship.

 

 


 

Sir Edward Davey

 

Christine Jardine

 

Tom Brake

 

Wera Hobhouse

 

Jamie Stone

 

Layla Moran

 

3

 

Clause  4,  page  3,  line  10,  at end insert—

 

“(5A)    

Regulations under subsection (1) must provide that EEA and Swiss nationals, and

 

adult dependants of EEA and Swiss nationals, who are applying for asylum in the

 

United Kingdom, may apply to the Secretary of State for permission to take up

 

employment if a decision at first instance has not been taken on the applicant’s

 

asylum application within 3 months of the date on which it was recorded.”

 

Kate Green

 

Tim Loughton

 

Liz Saville Roberts

 

Ben Lake

 

Hywel Williams

 

Jonathan Edwards

Ms Harriet Harman

Dame Caroline Spelman

Caroline Lucas

 

4

 

Clause  4,  page  3,  line  10,  at end insert—

 

“(5A)    

Any regulations issued under subsection (1) which enable children who are EEA

 

or Swiss nationals or family members of EEA or Swiss nationals to be removed

 

from the United Kingdom must include—

 

(a)    

a requirement to obtain an individual Best Interests Assessment before a

 

decision is made to remove the child; and

 

(b)    

a requirement to obtain a Best Interest Assessment in relation to any child

 

whose human rights may be breached by a decision to remove.


 
 

Notices of Amendments: 26 March 2019                  

17

 

Immigration and Social Security Co-ordination (EU Withdrawal) Bill, continued

 
 

(5B)    

The assessment under subsection (5A) must cover, but is not limited to—

 

(a)    

the ascertainable wishes and feelings of the child concerned (considered

 

in the light of his or her age and understanding);

 

(b)    

the child’s physical, emotional and educational needs;

 

(c)    

the likely effects, including psychological effects, on the child of the

 

removal;

 

(d)    

the child’s age, sex, background and any characteristics of the child the

 

assessor considers relevant;

 

(e)    

any harm which the child is at risk of suffering if the removal takes place;

 

(f)    

how capable the parent facing removal with the child, and any other

 

person in relation to whom the assessor considers the question to be

 

relevant, is of meeting his or her needs;

 

(g)    

the citizenship rights of the child including whether they may be stateless

 

and have rights to British citizenship.

 

(5C)    

The assessment must be carried out by a suitably qualified and independent

 

professional.

 

(5D)    

Psychological or psychiatric assessments must be obtained as part of a Best

 

Interest Assessment in appropriate cases.

 

(5E)    

The results of the assessment must be recorded and provided to the child in

 

writing.

 

(5F)    

In section 5A above, “family member” has the meaning given in Directive 2004/

 

38/EC of the European Parliament and Council.”

 

Member’s explanatory statement

 

This amendment would ensure that a Best Interest Assessment must be carried out and recorded

 

in writing before a decision is taken to remove a child who is an EEA or Swiss national, or the

 

family member of an EEA or Swiss national, from the UK. This would apply to children with rights

 

derived from EU law, unaccompanied children at risk of removal and children who may be

 

separated from their parents or carers by a removal decision.

 


 

Afzal Khan

 

Ms Diane Abbott

 

Richard Burgon

 

Imran Hussain

 

Gloria De Piero

 

Yasmin Qureshi

 

1

 

Clause  7,  page  5,  line  37,  at end insert—

 

“(7A)    

Section 1 of this Act cannot come into force until the Secretary of State has

 

ensured that legal aid is available to all EEA and Swiss nationals, and their family

 

members, who are domiciled or habitually resident in the UK for Early Legal

 

Help on immigration matters.”


 
 

Notices of Amendments: 26 March 2019                  

18

 

Immigration and Social Security Co-ordination (EU Withdrawal) Bill, continued

 
 

Afzal Khan

 

Ms Diane Abbott

 

2

 

Clause  7,  page  5,  line  44,  at end insert—

 

“(10A)    

Section 4 and section 7(5) of this Act expire at the end of a period of one year

 

beginning with the day on which this Act is passed.”

 

 

Order of the House [28 January 2019]

 

That the following provisions shall apply to the Immigration and Social Security Co-

 

ordination (EU Withdrawal) Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 7 March.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Proceedings on Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and any proceedings in legislative grand

 

committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

proceedings on Consideration are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and up to and including Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill may be programmed.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 18 March 2019:

 

NC9

 


 
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Revised 26 March 2019