Immigration Bill

fifth
marshalled
list of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 12th January 2016, as follows—

Clauses 43 and 44
Schedule 10
Clause 45
Schedule 11
Clauses 46 to 59
Schedule 12
Clauses 60 to 65
Title

[Amendments marked * are new or have been altered]

After Clause 43

LORD DUBS

LORD ROBERTS OF LLANDUDNO

BARONESS JONES OF MOULSECOOMB

LORD JUDD

239

Insert the following new Clause—

“Unaccompanied refugee children

(1)     The Secretary of State must, as soon as possible, make arrangements to
relocate 3,000 unaccompanied refugee children who are in European
countries to the United Kingdom.

(2)     The relocation of children under subsection (1) shall be in addition to the
resettlement of children under the Vulnerable Persons Relocation Scheme.”

LORD TEVERSON

239A

Insert the following new Clause—

“Marriage: immigration status

(1)     No citizen of the United Kingdom shall be prevented from marrying or
entering into a civil partnership with a person, and living with that person
in the United Kingdom, by reason of the immigration status of that person
immediately prior to the marriage or civil partnership.

(2)     The entitlements described in subsection (1) shall only be constrained by—

(a)   the Marriage Act 1949;

(b)   the Civil Partnership Act 2004; and

(c)   the exclusion of any marriage or civil partnership deemed to be
sham.

(3)     The entitlements described in subsection (1) shall extend to any United
Kingdom citizen married under the provisions of the Marriage (Same Sex
Couples) Act 2013.”

BARONESS KENNEDY OF THE SHAWS

239B

Insert the following new Clause—

“Access to higher education for young people leaving care who have leave to
enter or remain

(1)     The Secretary of State for Business, Innovation and Skills shall make
regulations identifying as eligible for student support a person who—

(a)   has leave to enter or remain;

(b)   is a person to whom a duty is owed by a local authority under
section 20, 21, 22, 23A, 23C, 23CA, 24A or 24B of the Children Act
1989;

(c)   is ordinarily resident in the UK and has not ceased to be so resident
since the person was granted leave to enter or remain; and

(d)   is ordinarily resident in the UK on the first day of the first academic
year of the course.

(2)     The Secretary of State for Education and Skills shall make regulations
providing that tuition fees may not be charged at a higher rate for a person
who—

(a)   has leave to enter or remain in the UK;

(b)   is an asylum seeker; or

(c)   has made an application for leave to enter or remain in the UK
which has not been finally determined;

and to whom a duty is owed by a local authority under section 20, 21, 22,
23A, 23C, 23CA, 24A or 24B of the Children Act 1989.

(3)     For the purposes of this section, a duty owed to a person by a local
authority shall be interpreted as if Schedule 3 to the Nationality,
Immigration and Asylum Act 2002 (withholding and withdrawal of
support) did not apply.

(4)     “Student support” means financial support by way of grant or loan made
by the Secretary of State pursuant to regulations under section 22 of the
Teaching and Higher Education Act 1998 (new arrangements for giving
financial support to students).

(5)     “Tuition fees” means fees payable for a course of a description mentioned
in Schedule 6 to the Education Reform Act 1988 (courses of higher
education).”

Clause 44

BARONESS HAMWEE

LORD WALLACE OF SALTAIRE

239BA

Page 44, line 10, at end insert—

“( )     The Secretary of State must by regulations made by statutory instrument
provide for the application of the provisions and penalties under this
section to those responsible for assuring that border controls are enforced
on arrivals and departures at general aviation sites, private landing strips
and helipads.”

Schedule 11

LORD BATES

239C

Page 140, line 16, leave out from “means” to end of line 18 and insert “only a person
who is—

(a)   a member of the Police Service of Northern Ireland,

(b)   a member of the Police Service of Northern Ireland Reserve, or

(c)   a person appointed as a special constable in Northern Ireland by
virtue of provision incorporating section 79 of the Harbours,
Docks, and Piers Clauses Act 1847;”

After Clause 46

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

240

Insert the following new Clause—

“Review of border security

(1)     The Secretary of State must undertake a review of border security in the
United Kingdom.

(2)     The review must consider the adequacy of resources currently available for
border security at all points of entry to the United Kingdom.

(3)     The review must be published and laid before both Houses of Parliament
within one year of the passing of this Act.”

LORD MARLESFORD

241

Insert the following new Clause—

“Obligation to provide information on passports

(1)     A condition of the issue of a new passport to, or the renewal of a passport
of a British citizen who was either born outside the United Kingdom or
who was not a British citizen at birth by Her Majesty’s Passport Office is
that the citizen supplies details of their citizenship of other countries and of
passports held relating to any such status at the time of application.

(2)     A person holding a passport issued or renewed in accordance with
subsection (1) must supply that Office with information regarding any
acquisition or loss of citizenship of another country within one month of
such a change.

(3)     Information gathered by Her Majesty’s Passport Office for the purposes of
subsections (1) and (2) shall be made available—

(a)   to the Home Secretary for consideration as part of a decision made
under section 40(4A) of the British Nationality Act 1981;

(b)   to immigration officers for consideration when undertaking their
duties.”

LORD TEVERSON

241A

Insert the following new Clause—

“Survey on illegal migration

(1)     The Secretary of State shall undertake or commission an annual survey on
illegal migrants residing within the United Kingdom, to use as an evidence
base for policy formulation and implementation.

(2)     The annual survey shall produce best estimates, for illegal migrants
residing within the United Kingdom, of—

(a)   their total number;

(b)   their geographical distribution within the United Kingdom;

(c)   their place of origin and nationality;

(d)   the route by which they entered the United Kingdom or the
Common Travel Area;

(e)   their legal or non-legal basis of entry into the United Kingdom;

(f)   their occupation;

(g)   their purpose for being and remaining in the United Kingdom; and

(h)   whether they have immediate family members that are resident
United Kingdom citizens or have indefinite leave to remain.

(3)     The annual survey shall be reviewed by the Office for National Statistics.

(4)     The Secretary of State shall lay a report of each survey, including details of
the review referred to in subsection (3), before each House of Parliament.”

Clause 47

LORD BATES

241B

Page 45, line 29, at beginning insert “in England and Wales or Scotland,”

241C

Page 45, line 31, at end insert—

“( )   in Northern Ireland, as an agency worker within the meaning of the
Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/
350) in respect of whom the public authority is the hirer within the
meaning of those regulations,”

241D

Page 45, line 35, at beginning insert “in relation to England and Wales and
Scotland,”

241E

Page 45, line 36, after “1996,” insert—

“( )   in relation to Northern Ireland, has the meaning given by Article
236(3) of the Employment Rights (Northern Ireland) Order 1996 (SI
1996/1919 (NI 16)),”

BARONESS LISTER OF BURTERSETT

LORD SWINFEN

LORD SHIPLEY

THE LORD BISHOP OF SALISBURY

242

Page 46, line 3, at end insert—

“( )     Persons whose first language is British Sign Language will be exempt from
this provision.”

Clause 48

LORD BATES

242A

Page 46, line 17, after “Part” insert “in relation to those functions”

242B

Page 46, line 20, at end insert—

“(4A)    A person who exercises functions in relation to Wales is a public authority
for the purposes of this Part in relation to those functions only if and to the
extent that those functions relate to a matter which is outside the legislative
competence of the National Assembly for Wales.

(4B)    A person who exercises functions in relation to Northern Ireland is a public
authority for the purposes of this Part in relation to those functions only if
and to the extent that those functions relate to an excepted matter.

(4C)    In subsection (4B) “Northern Ireland” and “excepted matter” have the same
meanings as in the Northern Ireland Act 1998.”

Clause 49

BARONESS HAMWEE

LORD PADDICK

242C

Page 46, line 29, leave out “may by regulations” and insert “must by regulations
laid before Parliament not later than the date on which section 47 comes into force”

LORD BATES

242D

Page 46, line 42, leave out “or”

242E

Page 47, line 1, at beginning insert “in England and Wales or Scotland,”

242F

Page 47, line 3, at end insert “, or

( )   in Northern Ireland, as an agency worker within the meaning of the
Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/
350) in respect of whom the contractor is the hirer within the
meaning of those regulations.”

Clause 50

BARONESS HAMWEE

LORD PADDICK

242G

Page 47, line 29, at end insert “and for different roles or descriptions of roles”

Clause 52

LORD BATES

242H

Page 48, line 5, leave out “in both England and” and insert “outside Wales and in”

After Clause 52

BARONESS HAMWEE

LORD PADDICK

242J

Insert the following new Clause—

“Review of language requirements for public sector workers

(1)     The Secretary of State must, within five years of this Part coming into force,
lay before each House of Parliament a report on the implementation and
operation of the Part.

(2)     The report must consider—

(a)   the extent and types of authority subject to the requirement;

(b)   the standard required;

(c)   procedures for complaints;

(d)   direct and indirect discrimination which has or may have arisen;
and

(e)   the resources required to meet the requirement.”

Clause 53

LORD BATES

242K

Page 48, line 18, at end insert—

““Wales” has the same meaning as in the Government of Wales Act
2006.”

Clause 55

BARONESS HAMWEE

LORD WALLACE OF SALTAIRE

242L

Page 49, line 12, at end insert—

“( )     Regulations under this section must provide for exemption from a
charge in the case of an application made—

(a)   to fill a skills gap directly concerned with the provision of
education;

(b)   by an institution whose primary function is the provision of
education or skills training;

(c)   to fill a skills gap directly concerned with the provision of
health services;

(d)   by an institution whose primary function is the provision of
health services.”

242M

Page 49, line 12, at end insert—

“( )     Regulations under this section must provide for exemption from a
charge in the case of an application made by an institution in the
public sector.”

242N

Page 49, line 12, at end insert—

“( )     Charges under this section—

(a)   may not exceed amounts to be specified in regulations
following consultation with representatives of the
employment sector in question;

(b)   may not be imposed in more than two concurrent years in
respect of any individual.”

242P

Page 49, line 15, at end insert—

“( )     Before making regulations under this section regarding the
application of sums paid, the Secretary of State must consult
representatives of the persons upon whom the charge is imposed.”

242Q

Page 49, line 18, leave out from beginning to second “is” and insert “The sponsor
is exempt for the purposes of this section if the individual”

242R

Page 49, line 24, at end insert—

“( )     The Secretary of State must arrange for an independent review of
the operation of this section to be conducted as soon as practicable
after the expiry of the period of one year from the date when the
first regulations made under it come into force.

( )     The review must in particular—

(a)   assess the impact on—

(i)   employer recruitment patterns;

(ii)   employers;

(iii)   the UK labour market;

(iv)   the economy; and

(b)   make recommendations as to—

(i)   the level of the charge;

(ii)   exemptions.

( )     The Secretary of State must lay a copy of the report before each
House of Parliament.”

After Clause 55

BARONESS HAMWEE

LORD WALLACE OF SALTAIRE

242S

Insert the following new Clause—

“Tier 1 (Investor) visa

(1)     The Secretary of State must make rules which shall come into force no later
than 1 January 2017—

(a)   to close the Tier 1 (Investor) route;

(b)   to close applications to extend leave under Tier 1 (Investor) to
applicants in the United Kingdom before 1 January 2017.

(2)     Nothing in this section shall affect leave to enter or remain of the holder of
a Tier 1 (Investor) visa granted before that date in accordance with that
leave.”

Clause 56

BARONESS HAMWEE

LORD PADDICK

242T

Page 50, line 3, at end insert “but only when a fast-track exercise of function is
provided and if the excess is applied to reducing the cost of the normal exercise of
the function.”

Schedule 12

BARONESS HAMWEE

LORD WALLACE OF SALTAIRE

242U

Page 155, line 5, leave out paragraphs 1 and 2

242V

Page 157, line 40, leave out paragraphs 4 and 5

Clause 62

LORD BATES

243

Page 52, line 39, leave out “any provision of section 2, 4, 5, 6 or 7” and insert
“primary legislation”

244

Page 52, line 40, at end insert—

“( )   regulations under section (Functions in relation to labour market)
which amend or repeal primary legislation,

( )   regulations under section (Power to request LME undertaking),
(Measures in LME undertakings) or (Measures in LME orders),”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

245

Page 52, line 40, at end insert—

“( )   regulations under section (Review of the remit of the Gangmasters
Licensing Authority
),”

Clause 63

BARONESS HAMWEE

LORD PADDICK

245A

Page 53, line 36, leave out “two” and insert “six”

Clause 64

LORD BATES

245B

Page 54, line 1, leave out subsection (3)

In the Title

LORD BATES

246

Line 3, leave out “Director of Labour Market Enforcement” and insert
“enforcement of certain legislation relating to the labour market”

 

Prepared 5th February 2016