Immigration Bill

Amendments
to be moved
in committee

[Supplementary to the Third Marshalled List]

After Clause 38

BARONESS HAMWEE

LORD PADDICK

234AA*

Insert the following new Clause—

“Family visas

(1)     The Secretary of State must, within six months of this Act coming into force,
amend the immigration rules regarding the entry clearance of adult
dependent relatives of—

(a)   British citizens in the United Kingdom;

(b)   persons settled in the United Kingdom; or

(c)   persons in the United Kingdom with refugee leave or humanitarian
protection,

to make provision for sponsorship of an applicant provided that the
conditions set out in subsection (2) are met.

(2)     The condition is that the applicant, and if the applicant and his or her
partner are the sponsor’s parents or grandparents, the applicant’s partner,
will be adequately maintained, accommodated and cared for in the United
Kingdom by the sponsor and without recourse to public funds.”

After Clause 42

BARONESS HAMWEE

LORD PADDICK

236ZJ*

Insert the following new Clause—

“Best interests of the child

(1)     A relevant child shall not be moved to a second authority where functions
have not been conferred on the second authority by virtue of section 39(2)
or 42(3).

(2)     An arrangement or direction to transfer functions under section 39(2) or
section 42(3) shall not be made where it is not in the best interests of the
child.

(3)     In determining the best interests of the child, particular regard shall be had
to the need for any transfer of functions to take place promptly and
within—

(a)   14 days where functions are transferred under section 39(2); or

(b)   28 days where functions are transferred under section 42(3).

(4)     In determining the best interests of the child, particular regard shall be had
to the following factors in favour of maintaining the relevant child in the
first authority—

(a)   the relevant child has lived in the first authority for 28 days or more;

(b)   the relevant child has family members in the first authority or has
established other relationships important to the child there;

(c)   the processing of the relevant child’s asylum or immigration
application has commenced;

(d)   the relevant child has instructed a legal representative in the first
authority in relation to the child’s asylum or immigration matter; or

(e)   the child is established in education in the first authority.

(5)     In making an arrangement or giving a direction for the transfer of functions
under section 39(2) or section 42(3), regard must also be had to—

(a)   the availability of legal advice and representation for asylum and
immigration matters in the second authority;

(b)   the availability of services in the second authority to meet the
religious and cultural needs of the relevant child.

(6)     Where an arrangement or direction to transfer functions is under
consideration or in process, proceedings related to the child’s asylum or
immigration application shall not be commenced, or if commenced shall be
stayed, until the child is established in the receiving authority, unless to
commence or continue proceedings, or both, would be in the child’s best
interests.

(7)     In this section—

“functions” has the same meaning as in section 39(1);

“the first authority” has the same meaning as in section 39(1) and
42(1);

“the second authority” has the same meaning as in section 39(2) and
42(2);

“relevant child” has the same meaning as in section 39(9).”

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.”

 

Prepared 30th January 2016