Notices of Amendments: 20 June 2019                     

15

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

Afzal Khan

Ms Diane Abbott

Paul Blomfield

nc14

To move the following Clause—

“Settled status

(1)    

Any person who has their right of free movement removed by the provisions

contained in this Act has the right of settled status in the United Kingdom if that

person —

(a)    

is an EEA or Swiss national;

(b)    

is a family member of an EEA or Swiss national or person with derived

rights;

(c)    

is resident in the United Kingdom on or prior to 31 December 2020.

(2)    

Family members of any person (“P”) with settled status under the provisions of

subsection (1) are entitled to settled status in the United Kingdom after 31

December 2020 if—

(a)    

the family member’s relationship with “P” began before 31 December

2020; and

(b)    

the family member continues to be a family member of “P” when the

family member applies for settled status.

(3)    

Any family member of any person with settled status under the provisions of

subsection (1) is eligible for a family visa to live in the United Kingdom if that

relationship began after 31 December 2020.

(4)    

Any children born in the United Kingdom to a person granted settled status under

the provisions of this section is a British citizen.

(5)    

Any person who is entitled to settled status under this section has the same

protection against expulsion as defined in Chapter 6 of Directive 2004/38/EC of

the European Parliament and Council.

(6)    

The Secretary of State must ensure that any person entitled to settled status under

this section receives a physical document confirming their settled status via a

system of registration.

(7)    

No fee may be charged for applications to register for settled status under this

section.

(8)    

Any person who has acquired settled status under the provisions of this section is

entitled to—

(a)    

remain in the United Kingdom indefinitely;

(b)    

apply for British citizenship;

(c)    

work in the United Kingdom;

(d)    

use the National Health Service;

(e)    

enrol in all educational courses in the United Kingdom;

(f)    

access all benefits and pensions, if they meet the eligibility requirements.

(9)    

A person’s right to use the National Health Service, enrol in educational courses

and access all benefits and pensions under subsection (9), is the same as that of a

British national.

(10)    

Any person who is entitled to settled status under this section loses their settled

status only if—

(a)    

they are absent from the United Kingdom for a period exceeding five

continuous years after 31 December 2021; or

(b)    

the criteria for expulsion as set out in Chapter 6 of Directive 2004/38/EC

of the European Parliament and Council apply to them.

Notices of Amendments: 20 June 2019                     

16

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

(11)    

A person who is the subject of a Settled Status Decision may appeal that decision

to the First-tier Tribunal (Immigration and Asylum Chamber).

(12)    

A Settled Status Decision includes a decision relating to—

(a)    

a person’s entitlement to be admitted to the United Kingdom as a person

with settled status;

(b)    

a person’s entitlement to be issued with or have renewed, or not to have

revoked, confirmation of their settled status;

(c)    

a person’s removal from the United Kingdom when that person claims to

have settled status; or

(d)    

the cancellation of a person’s right to settled or pre-settled status.

(13)    

A person’s claimed right to remain and associated rights in the UK are protected

pending the outcome of an appeal under subsection (12).

(14)    

In this section, “family member” has the meaning given in Directive 2004/38/EC

of the European Parliament and Council.

(15)    

This section applies if the United Kingdom leaves the European Union—

(a)    

following a ratified and implemented withdrawal agreement; or

(b)    

without a ratified and implemented withdrawal agreement.”

Afzal Khan

Ms Diane Abbott

Kate Green

nc15

To move the following Clause—

“Hostile environment: review of legislation affecting EEA nationals

(1)    

The Secretary of State shall carry out a review of the hostile environment

legislation that will apply to people whose right of free movement is ended under

section 1 and schedule 1 of this Act.

(2)    

The Secretary of State must lay a report of the review in subsection (1) before the

House of Commons within six months of the passing of this Act.

(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.”

Notices of Amendments: 20 June 2019                     

17

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

Neil Coyle

Kate Osamor

Ms Harriet Harman

Kate Green

Caroline Lucas

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: 20 June 2019                     

18

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

Kate Green

Tim Farron

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.

Joseph Johnson

Paul Blomfield

Carol Monaghan

Layla Moran

Paul Girvan

Mr David Davis

Robert Halfon

Priti Patel

Michael Tomlinson

Mr Andrew Mitchell

Conor Burns

Zac Goldsmith

Angus Brendan MacNeil

Hilary Benn

Mr Sam Gyimah

Norman Lamb

Alberto Costa

Mr Jonathan Djanogly

Emma Little Pengelly

Meg Hillier

George Freeman

Nicky Morgan

Stephen Crabb

Boris Johnson

Tom Tugendhat

Yvette Cooper

Stephen Metcalfe

Angela Rayner

Dr Roberta Blackman-Woods

Mark Garnier

Ms Diane Abbott

Rachel Reeves

Bob Stewart

Justine Greening

Gordon Marsden

Mr Edward Vaizey

Stuart C. McDonald

Afzal Khan

Mr William Wragg

Dr Phillip Lee

Tom Brake

Dr Sarah Wollaston

Jonathan Edwards

Stella Creasy

Chris Bryant

Peter Kyle

Jo Swinson

Mr Ben Bradshaw

Dr Philippa Whitford

Caroline Lucas

Alison McGovern

Stephen Doughty

Dr Paul Williams

Chuka Umunna

Heidi Allen

Anna Soubry

Liz Kendall

Phil Wilson

Kate Green

Keith Vaz

Geraint Davies

Neil Coyle

Sir Nicholas Soames

Liz Saville Roberts

Hywel Williams

Ben Lake

Sir Graham Brady

Mr Virendra Sharma

Kerry McCarthy

Nic Dakin

Preet Kaur Gill

Jo Stevens

Notices of Amendments: 20 June 2019                     

19

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

Mr Jim Cunningham

Mr Kenneth Clarke

Tim Loughton

Nick Boles

Ross Thomson

Mr Gavin Shuker

Paul Farrelly

Fiona Bruce

Dr Matthew Offord

Jeremy Lefroy

NC18

To move the following Clause—

“Exclusion of EEA higher education students from limits on visa numbers

(1)    

EEA and Swiss nationals granted leave to enter and study a higher education

course at a higher education institution in the United Kingdom must not be

counted towards, or included in, any numerical limit on the number of entry visas

issued.

(2)    

The Secretary of State must make provision to ensure all EEA and Swiss

nationals who have lawfully entered the UK for the purposes of studying a higher

education course at a higher education institution are entitled to enter and to

remain to search for work or gain work experience in the United Kingdom for a

period of at least two years after the completion of their higher education course.

(3)    

In this section—

(a)    

“EEA national” means—

(i)    

a member state of the European Union; or

(ii)    

Liechtenstein, Iceland, Norway or Switzerland.

(b)    

“higher education institution” means—

(i)    

in England, an “English Higher Education Provider” as defined

by section 83 of the Higher Education and Research Act 2017;

(ii)    

in Northern Ireland, a higher education institution as defined by

Article 30(3) of the Education and Libraries (Northern Ireland)

Order 1993 (SI 1993/2810 (NI 12)) and an institution of further

education that provides higher education within the meaning of

the Further Education (Northern Ireland) Order 1997 (SI 1997/

1772 (NI 15)) (see Articles 2 and 16 of that Order);

(iii)    

in Scotland, a higher education institution within the meaning of

the Further and Higher Education (Scotland) Act 1992 (see

section 38 of that Act) and a post-16 education body within the

meaning of section 35(1) of the Further and Higher Education

(Scotland) Act 2005;

(iv)    

in Wales, an institution which provides a course of any

description mentioned in Schedule 6 to the Education Reform

Act 1988 and is a “regulated institution” within the meaning of

the Higher Education (Wales) Act 2015.

(c)    

“higher education course” means—

(i)    

in England and Wales, a course of any description mentioned in

Schedule 6 to the Education Reform Act 1988;

(ii)    

in Northern Ireland, a course of any description mentioned in

Schedule 1 to the Further Education (Northern Ireland) Order

1997 (SI 1997/1772 (NI 15));

(iii)    

in Scotland, a course of any description falling within section 38

of the Further and Higher Education (Scotland) Act 1992 or

section 5(3) of the Further and Higher Education (Scotland) Act

2005.”

Notices of Amendments: 20 June 2019                     

20

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

Christine Jardine

NC19

To move the following Clause—

“Settled status: right to appeal

(1)    

A person may appeal against a Settled Status Decision to the First-tier Tribunal.

(2)    

A Settled Status Decision includes a decision—

(a)    

to refuse to grant leave to remain under Appendix EU of the Immigration

Rules made under section 3(2) of the Immigration Act 1971; or

(b)    

to grant limited leave to remain under Appendix EU of the Immigration

Rules made under section 3(2) of the Immigration Act 1971 to a person

who has applied for indefinite leave to remain under that Appendix.

(3)    

An appeal against a decision under subsection (2)(b) may be brought only on the

grounds that the person is entitled to indefinite leave to remain under Appendix

EU of the Immigration Rules.

(4)    

While an appeal under subsection 2)(a) is pending, the person concerned shall be

deemed to have all the rights associated with indefinite leave to remain under

Appendix EU of the Immigration Rules in particular as concerns residence,

employment, access to social security benefits and other services.

(5)    

While an appeal under subsection (2)(b) is pending, the limited leave to remain

granted under Appendix EU to the Immigration Rules shall continue in force.

(6)    

“Pending” shall have the same meaning for the purposes of subsections (4) and

(5) above as in section 104 of the Nationality, Immigration and Asylum Act

2002.”

Kate Green

5

Clause  4,  page  2,  line  35,  at end insert—

“(1A)    

Before a statutory instrument or draft statutory instrument under subsection (1) is

laid before Parliament, the relevant Minister must—

(a)    

publish a statement setting out the full and precise details for the

Minister’s view that the proposed regulations are compatible with the

European Convention on Human Rights;

(b)    

publish a statement that, in relation to the proposed regulations, the

Minister has, so far as is required by section 149 of the Equality Act

2010, had due regard to the need to—

(i)    

eliminate discrimination, harassment, victimisation and any

other conduct that is prohibited by or under the Equality Act

2010;

(ii)    

advance equality of opportunity between persons who share a

relevant protected characteristic and those who do not share it;

and

(iii)    

foster good relations between persons who share a relevant

protected characteristic and those who do not share it; and

(c)    

include in the statement in paragraph (b) the full and precise details of the

Minister’s conclusions on the impact of the proposed regulations on the

matters set out in sub-paragraphs (i) to (iii) of paragraph (b).”

Notices of Amendments: 20 June 2019                     

21

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

Sir Edward Davey

Christine Jardine

Tom Brake

Wera Hobhouse

Jamie Stone

Layla Moran

Tim Farron

Mr Alistair Carmichael

Norman Lamb

Sir Vince Cable

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

Afzal Khan

Jess Phillips

Jo Stevens

Andy Slaughter

Owen Smith

Debbie Abrahams

Ian Murray

Dr Roberta Blackman-Woods

Kerry McCarthy

Lilian Greenwood

Alison McGovern

Stella Creasy

Louise Haigh

Richard Burden

Ms Karen Buck

Stephen Timms

Lisa Nandy

Gareth Thomas

Shabana Mahmood

Chris Bryant

Dr Rupa Huq

Diana Johnson

Paul Blomfield

Ruth Cadbury

Mary Creagh

Daniel Zeichner

Matthew Pennycook

Dr Paul Williams

Thelma Walker

Tulip Siddiq

Helen Hayes

Alex Cunningham

Nic Dakin

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.

(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;