Immigration Bill

Amendments
to be moved
on report

Clause 32

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 19, line 6, at end insert “, without reasonable excuse”

After Clause 36

LORD HYLTON

LORD ROSSER

 

Insert the following new Clause—

“Overseas domestic workers

(1)     For section 53 of the Modern Slavery Act 2015 (overseas domestic workers)
substitute—

“53 Overseas domestic workers

(1)     Immigration rules must make provision for leave to remain in the
United Kingdom to be granted to an overseas domestic worker.

(2)     Immigration rules must make provision as to the conditions on
which such leave is to be granted, and must in particular provide—

(a)   that the leave is to be for the purpose of working as a
domestic worker in a private household;

(b)   for a person who has such leave to be able to change
employer, registering such change of leave with the Home
Office.

(3)     Immigration rules may specify a maximum period for which a
person may have leave to remain in the United Kingdom by virtue
of subsection (1), and if they do so, the specified maximum period
must not be less than 2½ years.

(4)     Immigration rules must provide for a period during which no
enforcement action should be taken against such an overseas
domestic worker in respect of his or her—

(a)   remaining in the United Kingdom beyond the time limited
by his or her leave to enter or remain, or

(b)   breaching a condition of that leave relating to his or her
employment.

(5)     The Secretary of State must issue guidance to persons having
functions under the Immigration Acts about the exercise of those
functions in relation to an overseas domestic worker who may be a
victim of slavery or human trafficking.

(6)     The guidance must provide for an overseas domestic worker
remaining in the UK for more than 42 days to be required to attend
a group information session as defined in that guidance, within that
period.

(7)     In this section—

“enforcement action” has the meaning given by section 24A of
the Immigration Act 1971;

“immigration rules” has the same meaning as in that Act;

“overseas domestic worker” means a person who, under the
immigration rules, has (or last had) leave to enter or remain
in the United Kingdom as—

(a)   a domestic worker in a private household, or

(b)   a private servant in a diplomatic household.””

Clause 37

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 26, line 2, at end insert—

“(7)     Subsection (2) may not come into force until the Secretary of State has
published, and laid before each House of Parliament, an evaluation of the
provisions contained in sections 20 to 37 of and Schedule 3 to the
Immigration Act 2014.

(8)     The evaluation provided for in subsection (7) must include an assessment
of the impact of those provisions on—

(a)   individuals who have a protected characteristic as defined in Part 2,
Chapter 1 of the Equality Act 2010, and

(b)   British citizens who do not hold a passport or UK driving licence.”

Clause 42

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 35, line 5, at end insert—

“( )     A person does not commit an offence under subsection (1) if, at the
time of driving a motor vehicle, he or she had a reasonable belief
that he or she had a legal right to remain in the United Kingdom
and acted in good faith.”

After Clause 58

LORD ROBERTS OF LLANDUDNO

 

Insert the following new Clause—

“Exemption from deportation

Exemption from deportation for unaccompanied minors upon reaching the age
of 18

After section 7(3) of the Immigration Act 1971 (exemption from deportation
for certain existing residents) insert—

“(3A)    A person shall not be liable to deportation under section 3 upon
reaching the age of 18 if the person entered the United Kingdom
under the age of 18 as an unaccompanied minor.””

After Clause 63

LORD HYLTON

 

Insert the following new Clause—

“Family reunion: persons with international protection needs

(1)     Rules made by the Secretary of State under section 3 of the Immigration Act
1971 (general provisions for regulation and control), shall, within six
months of the passing of this Act, make provision for—

(a)   British citizens and persons settled in the UK to be enabled to
sponsor their children, grandchildren, parents, grandparents,
spouses, civil or unmarried partners, or siblings, who are persons
registered with the Office of the UN High Commissioner for
Refugees or with the authorities responsible for the protection of
refugees in the State in which they are present, to come to the UK
on terms no less favourable than those under rules made under that
section which apply to family members of persons recognised as
refugees, save that it may be provided that those sponsored shall
have no recourse to public funds; and

(b)   applications for refugee family reunion from the children,
grandchildren, parents, grandparents, spouses, civil or unmarried
partners, or siblings of persons recognised as refugees or who have
been granted humanitarian protection in the United Kingdom.

(2)     An order shall be made by the Lord Chancellor under section 9(2)(a) of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (general
cases) in respect of family reunion for the persons described in subsection
(1) within six months of the passing of this Act.”

Clause 88

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 69, line 29, after first “to” insert “section 37(7) and”

Schedule 9

LORD ROBERTS OF LLANDUDNO

 

Page 147, line 26, at end insert—

“( )     The Secretary of State must grant bail to any person detained under a
provision mentioned in sub-paragraph (1) no later than the twenty-
eighth day following that on which the person was detained.”

Schedule 10

LORD ROBERTS OF LLANDUDNO

 

Page 165, line 5, at end insert—

“( )     If the Secretary of State decides not to provide support to a
person, or not to continue to provide support to him or her under
this section, the person may appeal to the First-tier Tribunal.”

 

Prepared 24th February 2016