Immigration Bill

third
marshalled
list of Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 7th March 2016, as follows—

Clause 62
Schedule 10
Clause 63
Schedule 11
Clauses 64 to 69
Schedule 12
Clause 70
Schedule 13
Clauses 71 to 84
Schedule 14
Clauses 85 to 90
Title

[Amendments marked * are new or have been altered]

After Clause 62

LORD DUBS

LORD ALTON OF LIVERPOOL

LORD ROBERTS OF LLANDUDNO

BARONESS SHEEHAN

116A

Insert the following new Clause—

“Unaccompanied refugee children: relocation and support

(1)     The Secretary of State must, as soon as possible after the passing of this Act,
make arrangements to relocate to the United Kingdom and support 3,000
unaccompanied refugee children from other countries in Europe.

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

Schedule 10

LORD ROBERTS OF LLANDUDNO

LORD ROSSER

BARONESS HAMWEE

117

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.”

BARONESS HAMWEE

118

Page 166, line 33, leave out from “under” to end of line 35 and insert “sections 95
and 95A shall be provided—

(a)   in the form of a payment of cash;

(b)   in the form of provision of accommodation or other
services; or

(c)   in exceptional circumstances, in the form of vouchers
which may be exchanged for goods or services, or a card
entitling the holder to goods or services.”

LORD BATES

119

Page 168, line 26, at end insert—

  (1)     Section 166 (regulations and orders) is amended as follows.

(2)     In subsection (5) (regulations subject to the affirmative procedure) for
the “or” at the end of paragraph (c) substitute—

“(ca)   section 95A, or”.

(3)     After subsection (5) insert—

“(5A)   No regulations under paragraph 1 of Schedule 8 which make
provision with respect to the powers conferred by section 95A
are to be made unless a draft of the regulations has been laid
before Parliament and approved by a resolution of each House.

(5B)   Subsection (5A) does not apply to regulations under paragraph 1
of that Schedule which make provision of the kind mentioned in
paragraph 3(a) of that Schedule.”

(4)     In subsection (6) (regulations subject to the negative procedure) for the
“or” at the end of paragraph (a) substitute—

“(aa)   under the provision mentioned in subsection (5A) and
containing regulations to which that subsection applies,
or”.”

After Clause 63

LORD HYLTON

THE LORD BISHOP OF SOUTHWARK

BARONESS HAMWEE

120

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.”

LORD ALTON OF LIVERPOOL

LORD FORSYTH OF DRUMLEAN

BARONESS COX

BARONESS KENNEDY OF THE SHAWS

121*

Insert the following new Clause—

“Conditions for grant of asylum: cases of genocide

(1)     A person seeking asylum in the United Kingdom who belongs to a
national, ethnical, racial or religious group which is, in the place from
which that person originates, subject to the conditions detailed in Article II
of the Convention on the Prevention and Punishment of the Crime of
Genocide, shall be presumed to meet the conditions for asylum in the
United Kingdom.

(2)     The adjudication of whether the group to which the person seeking asylum
belongs meets the description specified in subsection (1) shall be
determined by a referral to the High Court after consideration of the
available facts.

(3)     Applicants for asylum in the United Kingdom from groups designated
under this section may submit their applications and have them assessed at
British missions overseas.”

LORD DUBS

BARONESS HAMWEE

122

Insert the following new Clause—

“Protection of locally engaged staff

(1)     This section applies to staff who formerly worked for Her Majesty’s
Government in Iraq or Afghanistan—

(a)   as direct employees of the United Kingdom armed forces or the
Ministry of Defence;

(b)   on letters of appointment from a British Embassy;

(c)   as direct employees of the Department for International
Development or the British Council; or

(d)   as contracted staff who worked as part of Her Majesty’s
Government’s programmes, projects and operations.

(2)     Persons falling into the categories in subsection (1) and who satisfy the
United Nations High Commissioner for Refugees that they meet the
criteria of the 1951 Refugee Convention are eligible for resettlement in the
United Kingdom under the United Kingdom’s Gateway Protection
Programme.

(3)     Persons falling into the categories in subsection (1) may apply for a visa to
come to the United Kingdom for the purpose of the United Kingdom
determining their claim for asylum.

(4)     Such persons may be accompanied by—

(a)   their spouse or civil partner;

(b)   any of their children under the age of 18 who are not leading
independent lives; and

(c)   any of their parents and grandparents who are over 65 and their
respective spouses and civil partners.”

LORD ALTON OF LIVERPOOL

LORD ROBERTS OF LLANDUDNO

LORD HYLTON

LORD ROSSER

122A*

Insert the following new Clause—

“Family reunion: refugee resettlement programme

(1)     The Secretary of State shall make provision for a refugee resettlement
programme to be established under section 59 of the Nationality,
Immigration and Asylum Act 2002 (international projects), to provide for
family members of persons resident in the United Kingdom to travel to the
United Kingdom for resettlement.

(2)     The Secretary of State must consult as appropriate before specifying the
number of places to be offered under the programme.

(3)     Under this section, family members that may be accepted for resettlement
under the programme include—

(a)   children,

(b)   grandchildren,

(c)   parents,

(d)   spouses,

(e)   civil or non-marital partners, or

(f)   sibblings

of British citizens, persons settled in the United Kingdom, or persons
recognised as refugees or who have been granted humanitarian protection.

(4)     Priority for family reunion resettlement under this section shall be given to
family members not eligible for family reunification under existing rules.

(5)     Persons resettled under this section must be in addition to any persons
resettled under any commitment on refugee resettlement which exists on
the date on which this Act is passed, and must include persons from within
the rest of Europe.”

LORD TEVERSON

BARONESS HAMWEE

122B*

Insert the following new Clause—

“Spouses and civil partners of British citizens

(1)     The spouse or civil partner of a citizen of the United Kingdom shall be
entitled to enter and remain in the United Kingdom in order to live with
that citizen.

(2)     The provisions of subsection (1) shall not apply in the case of a sham
marriage or sham civil partnership within the meaning of section 24 of the
Immigration and Asylum Act 1999 (duty to report suspicious marriages).

(3)     The Secretary of State shall make rules for the purposes of this section.”

Schedule 11

LORD BATES

123

Page 173, line 33, at end insert—

“( )     In that sub-paragraph, in paragraph (h) for “or 36” substitute “, 35A or
35B”.”

THE EARL OF LISTOWEL

BARONESS LISTER OF BURTERSETT

THE LORD BISHOP OF NORWICH

BARONESS HAMWEE

123A

Page 174, line 27, leave out “conditions A and B are” and insert “condition A is”

123B

Page 174, line 29, leave out “or E” and insert “, E, F or G”

123C

Page 174, line 36, leave out from “Kingdom,” to end of line 3 on page 175 and
insert—

“(b)   the person has made an application to register as a
British citizen, or

(c)   the person makes submissions to the Secretary of State
that their removal would breach the 1951 Refugee
Convention or the Human Rights Act 1998 and those
submissions fall to be considered by the Secretary of
State under paragraph 353 of the Immigration Rules.”

123D

Page 175, line 20, at end insert—

“(7A)    Condition F is that—

(a)   the application has been refused,

(b)   the person has made an application for permission to
apply for judicial review, and

(c)   the judicial review has not been finally disposed of.

(7B)    Condition G is that—

(a)   the application has been refused, and

(b)   there is a genuine obstacle to the person’s removal
from the UK.

(7C)    For the purposes of sub-paragraph (1), a person is to be treated
as satisfying conditions A and C if—

(a)   he or she—

(i)   has been a “relevant child” for the purposes of
section 23A of the Children Act 1989 (advice
and assistance for certain children and young
persons);

(ii)   has been an “eligible child” for the purposes of
paragraph 19B of Schedule 2 to the Children
Act 1989 (preparation for ceasing to be looked
after); or

(iii)   is “a person qualifying for advice and
assistance” within the meaning of section 24(1)
of the Children Act 1989 (persons qualifying for
advice and assistance); and

(b)   the local authority by whom he or she was looked after
failed to ensure he or she was advised and assisted in
connection with—

(i)   an application for him or her to be registered as
a British citizen in circumstances where he or
she was either entitled to be registered as a
British citizen or otherwise entitled to apply to
be registered;

(ii)   an application for him or her to be granted
indefinite leave to remain in circumstances
where he or she satisfied requirements under
the Immigration Rules for a grant of indefinite
leave to remain; or

(iii)   an application for him or her to be granted
limited leave to remain in circumstances where
he or she satisfied requirements under the
Immigration Rules for a grant of limited leave
to remain.

(7D)    In this paragraph “Immigration Rules” means the rules as laid
before Parliament by the Secretary of State under section 3(2)
of the Immigration Act 1971 (general provisions for regulation
and control).”

LORD BATES

124

Page 180, line 41, after “made” insert “by the Secretary of State”

125

Page 181, line 6, leave out “or 2A(3)(b)” and insert “, 2A(3)(b), 10A or 10B”

Clause 64

LORD BATES

126

Page 57, line 3, leave out “or”

127

Page 57, line 8, at end insert “, or

( )   a person under the age of 18 who is unaccompanied and who—

(i)   has leave to enter or remain in the United Kingdom, and

(ii)   is a person of a kind specified in regulations made by the
Secretary of State.”

Clause 67

LORD BATES

128

Page 58, line 3, leave out “first” and insert “transferring”

129

Page 58, line 4, leave out “another local authority” and insert “one or more other
local authorities”

130

Page 58, line 5, leave out ““the second” and insert “a “receiving”

131

Page 58, line 7, leave out “The scheme” and insert “A scheme under this section”

132

Page 58, line 10, leave out “that section” and insert “section 64”

133

Page 58, line 10, leave out “those authorities” and insert “the transferring authority
and each receiving authority”

134

Page 58, line 13, leave out “first authority and the second authority” and insert
“transferring authority and each receiving authority under a scheme under this
section”

135

Page 58, line 17, leave out “the second” and insert “each receiving”

Clause 68

LORD BATES

136

Page 59, line 1, after “to” insert “—(i)”

137

Page 59, line 1, at end insert “or

(ii) provision which may be made under section 64(6) or (10),”
138

Page 59, line 4, leave out “or (2)”

139

Page 59, line 7, leave out paragraph (b)

LORD HOPE OF CRAIGHEAD

140

Page 59, line 8, at end insert—

“( )     Regulations under subsection (1) or (2) which relate to Scotland may only
be made with the consent of the Scottish Parliament.”

LORD WIGLEY

140A

Page 59, line 8, at end insert—

“( )     Regulations under subsection (1) and (2) which apply to Wales may only
be made with the consent of the National Assembly for Wales”.

Schedule 12

LORD BATES

141

Page 186, line 15, at end insert—

“(1A)    A statutory instrument containing (whether alone or with other
provision) regulations under paragraph 28(6) may not be made unless a
draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.”

142

Page 186, line 16, after “containing” insert “any other”

143

Page 186, line 17, after “Schedule” insert “and to which sub-paragraph (1A) does
not apply”

After Clause 71

LORD MARLESFORD

144

Insert the following new Clause—

“Obligation to provide information on passports

(1)     The Secretary of State must make available to immigration officers at
United Kingdom borders any information the Secretary of State holds on
citizenship of other countries held by British passport holders, and
passports relating to any such citizenship status.

(2)     The information must be made available in a searchable electronic database
which must be accessible to immigration officers when undertaking their
duties at United Kingdom borders.”

Clause 72

LORD WIGLEY

144A

Page 61, line 38, at end insert—

“( )     Public authorities in Wales may substitute in this section, the terms
“Welsh” or “English and Welsh”, for the term “English”, as they deem fit.”

Clause 80

BARONESS HAMWEE

LORD WALLACE OF SALTAIRE

144B*

Page 65, line 7, at end insert—

“(3A)    Regulations under this section must provide for exemption from a
charge under subsection (1) in the case of an application for entry
clearance or leave to remain 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; or

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

144C*

Page 65, line 7, at end insert—

“(3A)    Regulations under this section must provide for exemption from a
charge under subsection (1) in the case of an application for entry
clearance or leave to remain made in respect of an individual by an
institution in the public sector.”

144D*

Page 65, line 10, at end insert—

“(4A)    Before making regulations under this section regarding the
application of sums paid, the Secretary of State must consult
representatives of persons upon whom the charge under subsection
(1) is likely to be imposed and lay a report on the consultation
before each House of Parliament.”

144E*

Page 65, line 19, at end insert—

“(6A)    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 on which the
first regulations made under it come into force.

(6B)    The review under subsection (6A) must, in particular—

(a)   assess the impact of this section on—

(i)   employer recruitment patterns,

(ii)   employers,

(iii)   the United Kingdom labour market, and

(iv)   the economy; and

(b)   make recommendations on—

(i)   the level of the charge; and

(ii)   exemptions.

(6C)    The Secretary of State must lay a copy of the report of the review
before each House of Parliament.”

144F*

Page 65, line 21, at end insert—

“(8)     Regulations under this section shall not be made until the end of the
period of two months after the Secretary of State has laid before
both Houses of Parliament a report—

(a)   assessing the impact of the charge on employers, and

(b)   setting out the proposed application of income from the
charge to apprenticeships and other forms of skills
training.”

After Clause 84

LORD BATES

145

Insert the following new Clause—

“Duty regarding the welfare of children

For the avoidance of doubt, this Act does not limit any duty imposed on the
Secretary of State or any person by section 55 of the Borders, Citizenship
and Immigration Act 2009 (duty regarding welfare of children).”

BARONESS LISTER OF BURTERSETT

145A

Insert the following new Clause—

“Fees for applications made by children to register as British citizens

(1)     Section 68 of the Immigration Act 2014 (fees) is amended as follows.

(2)     After subsection (13) insert—

“(14)    Notwithstanding subsection (9), in setting the amount of any fee in
respect of an application for registration as a British citizen made by
a person who is a child, the only consideration to which the
Secretary of State may have regard is the cost of exercising the
function.

(15)     Fees regulations shall provide for the waiver of the fee for an
application for registration as a British citizen made by a person
who is a child and is being provided with assistance by a local
authority.

(16)     Fees regulations shall provide for discretion to waive the fee for an
application for registration as a British citizen made by a person
who is a child on grounds relating to the means of the child and
anyone exercising parental responsibility for him or her.””

Clause 87

LORD BATES

146

Page 68, line 35, after “containing” insert “(whether alone or with other provision)”

147

Page 68, line 38, at end insert—

“( )   regulations under section (Information gateways),”

148

Page 68, line 42, leave out paragraph (e)

149

Page 69, line 17, after “instrument” insert “—(a)”

150

Page 69, line 18, after “Act” insert “, and

(b)   to which subsection (2) does not apply,”

Clause 88

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

151

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

BARONESS HAMWEE

LORD WALLACE OF SALTAIRE

151A*

Page 69, line 35, leave out subsection (4)

Clause 89

LORD BATES

152

Page 70, line 2, at end insert—

“( )     But subsection (3) does not apply to the amendments made to the Modern
Slavery Act 2015 by paragraphs 26A and 27A of Schedule 2 (for the extent
of which, see the amendments to section 60 of that Act made by paragraph
26D of that Schedule).”

153

Page 70, line 20, at end insert “, and

( )   section 60(6) of the Modern Slavery Act 2015.”

Clause 90

BARONESS HAMWEE

LORD PADDICK

154

Page 70, line 22, after “Immigration” insert “and Labour Market”

 

Prepared 18th March 2016