Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Susan Williams (Conservative, Centre-right): I think the noble Baroness probably meant 2021 rather than 2001, but it is late and we are not going to split hairs over that—I know what she means. I understood that the scheme had been expanded, but I will clarify that in writing, because what she said is contrary to what I have been briefed. I recall that the scheme was expanded because of pleas in both Houses about the various cohorts of people who might be caught or excluded under the scheme. I do not have specific information about the British Council or indeed the BBC, but that is what I shall write to the noble Baroness on if she is amenable to that Of course, we are aware that there are people still in Afghanistan and neighbouring countries who are eligible for relocation under ARAP, and the Home Office is working closely with the MoD and the FCDO to ensure their safe passage here. I think it was the noble Lord, Lord Alton, who talked about jobs. People who have come here from Afghanistan are often highly qualified. It was brought up the other day, I think in the Home Office, about how each department could help in the endeavour with people who have such skills. I shall include in the letter some of the detail on that. It was mentioned almost en passant, but I know that departments are reaching out, as is the private sector On the sentiment behind this amendment, which would widen further the criteria, I do not think that the changes suggested are needed in primary legislation. The Immigration Rules are designed to be flexible so that they can be altered where necessary, with the approval of Parliament, to enable us to make changes such as those I have already talked about. Having them prescribed in primary legislation would prevent the Government responding quickly, as I said earlier. The specific changes put forward are quite marginal. The ARAP rules as drafted, and changed as recently as December, provide us with the requisite flexibility to include those who made a substantive and positive contribution to the UK’s objective in Afghanistan either directly or alongside a UK government department and who are now at risk as a result of that, and to allow them to come to the UK. That was always the intention behind the scheme, and it continues to be delivered On additional family members, to which the noble Lord, Lord Kerr, referred, the ARAP rules reflect the wider immigration system in that principals can be joined by spouses, civil partners, durable partners and children under 18. It is absolutely right that they are consistent with other routes to the UK. However, as the amendment notes, in June last year we published guidance on how additional family members can join principal ARAP applicants here outside the rules where there are specific levels of dependence or risk. This option has been widely used, and it provides us with greater discretion than would be the case if prescriptive criteria were set out in the rules The noble Baroness, Lady Smith of Newham, asked whether we will look at other opportunities. It is a most horrendous situation and so of course we are looking at other opportunities for how we can get people out. However, I conclude by saying that I think the ARAP scheme thus far has been a great success, fraught with difficulty though it is. It has provided relocation to more than 8,000 people, with a similar number yet to come. We think the rules in place strike the right balance and I hope the noble Lord will withdraw the amendment.