Immigration Bill

marshalled
List of Amendments
to be moved
On REPORT

The amendments have been marshalled in accordance with the Order of 27th March 2014, as follows—

Clauses 1 to 4
Schedule 1
Clauses 5 to 12
Schedule 2
Clauses 13 to 19
Schedule 3
Clauses 20 to 51
Schedule 4
Clauses 52 and 53
Schedule 5
Clauses 54 to 58
Schedule 6
Clauses 59 to 62
Schedule 7
Clauses 63 to 65
Schedule 8
Clauses 66 to 70
Schedule 9
Clauses 71 to 74

[Amendments marked * are new or have been altered]

Clause 1

LORD TAYLOR OF HOLBEACH

1

Page 1, leave out lines 11 to 14 and insert—

“(2)     Where a person (“P”) is liable to be or has been removed from the
United Kingdom under subsection (1), a member of P’s family who
meets the following three conditions may also be removed from the
United Kingdom under the authority of the Secretary of State or an
immigration officer, provided that the Secretary of State or
immigration officer has given the family member written notice of
the intention to remove him or her.

(2A)    The first condition is that the family member is—

(a)   P’s partner,

(b)   P’s child, or a child living in the same household as P in
circumstances where P has care of the child,

(c)   in a case where P is a child, P’s parent, or

(d)   an adult dependent relative of P.

(2B)    The second condition is that—

(a)   in a case where the family member has leave to enter or
remain in the United Kingdom, that leave was granted on
the basis of his or her family life with P;

(b)   in a case where the family member does not have leave to
enter or remain in the United Kingdom, in the opinion of the
Secretary of State or immigration officer the family
member—

(i)   would not, on making an application for such leave,
be granted leave in his or her own right, but

(ii)   would be granted leave on the basis of his or her
family life with P, if P had leave to enter or remain.

(2C)    The third condition is that the family member is neither a British
citizen, nor is he or she entitled to enter or remain in the United
Kingdom by virtue of an enforceable EU right or of any provision
made under section 2(2) of the European Communities Act 1972.

(2D)    A notice given to a family member under subsection (2) invalidates
any leave to enter or remain in the United Kingdom previously
given to the family member.”

2

Page 2, leave out lines 28 to 35 and insert—

“( )   the time period during which a family member may be
removed under subsection (2);

( )   the service of a notice under subsection (2).”

3

Page 2, line 35, at end insert—

“( )     In this section “child” means a person who is under the age of 18.”

Clause 2

LORD JUDD

4*

Page 2, line 43, leave out from “child” to end of line 45

5*

Page 3, line 9, at end insert—

“( )     Parents must only be separated from children where this is
necessary for the purposes of child protection.”

Clause 3

LORD JUDD

6 *

Page 3, line 45, leave out from “child” to end of line 2 on page 4

Schedule 1

LORD RAMSBOTHAM

7*

Page 60, line 13, leave out paragraph 5

Clause 5

LORD JUDD

8*

Page 4, line 28, at end insert—

“( )     Children must only be held in immigration detention as a last resort, and
for the shortest possible time.”

Clause 7

BARONESS WILLIAMS OF CROSBY

LORD LLOYD OF BERWICK

LORD RAMSBOTHAM

LORD ROBERTS OF LLANDUDNO

9

Page 6, line 45, at end insert—

“(1A)    In paragraph 16 (detention of persons liable to examination or removal)
after sub-paragraph (4) insert—

“(5)     A person detained under this paragraph must be released on bail
in accordance with paragraph 22 no later than the sixtieth day
following that on which the person was detained.””

Clause 15

BARONESS BERRIDGE

LORD AVEBURY

10

Page 13, line 39, leave out from “unless” to end of line 40 and insert “the Tribunal
is satisfied that the matter is within its jurisdiction and there were good reasons for
not raising the matter before the Secretary of State”

BARONESS SMITH OF BASILDON

LORD PANNICK

THE EARL OF CLANCARTY

THE LORD BISHOP OF LEICESTER

11

Leave out Clause 15

After Clause 15

LORD TAYLOR OF HOLBEACH

12

Insert the following new Clause—

“Report by Chief Inspector on administrative review

(1)     Before the end of the period of 12 months beginning on the day on which
section 15 comes into force, the Secretary of State must commission from
the Chief Inspector a report that addresses the following matters—

(a)   the effectiveness of administrative review in identifying case
working errors;

(b)   the effectiveness of administrative review in correcting case
working errors;

(c)   the independence of persons conducting administrative review (in
terms of their separation from the original decision-maker).

(2)     On completion of the report, the Chief Inspector must send it to the
Secretary of State.

(3)     The Secretary of State must lay before Parliament a copy of the report
received under subsection (2).

(4)     In this section—

“administrative review” means review conducted under the
immigration rules;

“case working error” has the meaning given in the immigration rules;

the “Chief Inspector” means the Chief Inspector established under
section 48 of the UK Borders Act 2007;

“immigration rules” has the same meaning as in the Immigration Act
1971.”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

13

Insert the following new Clause—

“Right of appeal to First-tier Tribunal: commencement

(1)     Section 15 shall not come into force until a draft statutory instrument is laid
before, and approved by resolution of, each House of Parliament.

(2)     An order under subsection (1) may not be made until—

(a)   a report is made by the Independent Chief Inspector of Borders and
Immigration on entry clearance decision-making in the UK Border
Agency for entry clearance and managed migration; and

(b)   the Secretary of State is satisfied that decision-making for entry
clearance and managed migration is—

(i)   efficient;

(ii)   effective; and

(iii)   fair.”

BARONESS HAMWEE

LORD AVEBURY

14

Insert the following new Clause—

“Administrative review: rules

(1)     This section applies to decisions relating to entry clearance and managed
migration.

(2)     The Secretary of State shall, prior to laying before Parliament in accordance
with section 3(2) of the Immigration Act 1971 a statement of the rules
required to institute the administrative review of decisions, consult such
persons as she considers appropriate.

(3)     The Chief Inspector of Borders and Immigration shall inspect and report to
the Secretary of State on the administrative review of decisions in its first
year of operation and the report shall be laid before Parliament.”

Clause 16

THE EARL OF SANDWICH

15*

Page 14, line 31, at end insert—

“( )     An appeal to which subsection (3) applies must be brought from
within the United Kingdom if the appellant has a child in the
United Kingdom, and it would be in the best interests of that child
for the appeal to be brought from within the United Kingdom.”

Clause 18

LORD WATSON OF INVERGOWRIE

16*

Page 17, line 4, at end insert—

“( )     The promotion of the best interests of children is in the public
interest.”

LORD PANNICK

LORD HOPE OF CRAIGHEAD

17

Page 17, line 5, after “should” insert “normally”

18

Page 17, line 10, after “should” insert “normally”

19

Page 17, line 24, at end insert “normally”

LORD WATSON OF INVERGOWRIE

20*

Page 17, line 35, leave out “unduly harsh” and insert “disproportionate”

BARONESS LISTER OF BURTERSETT

LORD PANNICK

21

Page 18, line 7, leave out “seven” and insert “four”

After Clause 18

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

22

Insert the following new Clause—

“Residence permit: domestic violence

(1)     A person (P) shall be entitled to a residence permit for three months for rest
and reflection where—

(a)   P is married, in a civil partnership, or in a durable relationship with
someone who is lawfully in the United Kingdom; and

(b)   P is in the United Kingdom as a dependant of that other person; and

(c)   the relationship breaks down as a result of domestic violence.

(2)     The residence permit shall be available to P and any dependants already in
the United Kingdom with entitlement to work.”

Before Clause 19

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

BARONESS WILLIAMS OF CROSBY

BARONESS WARWICK OF UNDERCLIFFE

23

Insert the following new Clause—

“Exemption to charges under Part 3

No restrictions on access to tenancies or charges for services under this Part
shall apply to persons—

(a)   holding Tier 4 (General) visas sponsored by a recognised higher
education institution, or

(b)   holding Tier 2 visas and registered in full-time undergraduate or
postgraduate study at a recognised higher education institution.”

Clause 19

BARONESS HAMWEE

LORD CLEMENT-JONES

24

Page 19, line 26, at end insert—

“( )     Before implementing a pilot scheme to preclude the making of a residential
tenancy agreement to which a person disqualified as a result of
immigration status is party, the Secretary of State shall—

(a)   consult such persons as she considers appropriate as to the criteria
to be applied in order to assess and evaluate the scheme;

(b)   lay before Parliament a report on the proposed criteria.

( )     The criteria shall include the application of an equalities impact
assessment.”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

25

Leave out Clause 19 and insert the following new Clause—

“Residential tenancies: pilot

(1)     The Secretary of State may by order make one or more pilot schemes under
which landlords in a designated area must not authorise an adult to occupy
premises under a residential tenancy agreement if the adult is disqualified
as a result of their immigration status.

(2)     An order under subsection (1) may make provision about—

(a)   the principles by reference to which the pilot (or pilots) will operate;

(b)   the circumstances under which a landlord may authorise an adult
to occupy premises under the terms of the pilot (or pilots);

(c)   descriptions of persons to be identified as landlords for the
purposes of the pilot (or pilots);

(d)   descriptions of applicable residential tenancy agreements for the
purposes of the pilot (or pilots);

(e)   descriptions of persons disqualified by their immigration status
from occupying premises under the pilot (or pilots);

(f)   applicable penalties for landlords in contravention of the terms of
the pilot (or pilots) and enforcement of such penalties;

(g)   excuses available to landlords and appeals against penalties; and

(h)   the publication of codes of practice for landlords.

(3)     An order under subsection (1) must specify—

(a)   the area or areas in respect of which the pilot (or pilots) operates;

(b)   the day on which the pilot (or pilots) comes into effect; and

(c)   the period for which the pilot (or pilots) has effect.

(4)     The Secretary of State must publish, and lay before both Houses of
Parliament, a report setting out an evaluation of any pilot (or pilots)
ordered under subsection (1).”

Schedule 3

LORD TAYLOR OF HOLBEACH

26

Page 65, line 32, leave out “comprises a hall of residence predominantly” and insert
“is used wholly or mainly”

27

Page 66, line 1, leave out from second “is” to “hall” in line 4 and insert “a”

28

Page 66, line 5, after “paragraph” insert “and paragraph 11A”

29

Page 66, line 12, at end insert—

“11A          An agreement under which accommodation is provided to a student
who has been nominated to occupy it by an institution or body of the
kind mentioned in paragraph 11(2).”

Clause 20

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

30

Leave out Clause 20

Clause 21

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

31

Leave out Clause 21

Clause 22

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

32

Leave out Clause 22

Clause 23

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

33

Leave out Clause 23

Clause 24

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

34

Leave out Clause 24

Clause 25

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

35

Leave out Clause 25

Clause 26

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

36

Leave out Clause 26

Clause 27

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

37

Leave out Clause 27

Clause 28

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

38

Leave out Clause 28

Clause 29

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

39

Leave out Clause 29

Clause 30

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

40

Leave out Clause 30

Clause 31

LORD TAYLOR OF HOLBEACH

41

Page 28, line 19, leave out subsection (6) and insert—

“(6)     The code (or revised code)—

(a)   may not be issued unless a draft has been laid before Parliament,
and

(b)   comes into force in accordance with provision made by order of the
Secretary of State.”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

42

Leave out Clause 31

Clause 32

LORD TAYLOR OF HOLBEACH

43

Page 28, line 37, leave out from “draft” to end of line 39

44

Page 28, line 39, at end insert—

“( )     The code (or revised code)—

(a)   may not be issued unless a draft has been laid before Parliament
(prepared after considering representations under subsection (4)(b)
and with or without modifications to reflect the representations),
and

(b)   comes into force in accordance with provision made by order of the
Secretary of State.”

45

Page 28, line 43, leave out subsection (6)

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

46

Leave out Clause 32

Clause 33

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

47

Leave out Clause 33

Clause 34

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

48

Leave out Clause 34

Clause 35

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

49

Leave out Clause 35

Clause 36

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

50

Leave out Clause 36

Clause 38

LORD RAMSBOTHAM

BARONESS FINLAY OF LLANDAFF

BARONESS MASHAM OF ILTON

51*

Page 32, line 13, at end insert—

“( )     No person shall be charged for services to which NHS charging provisions
apply where those services are provided while the person is a detained
person.

( )     No person shall be charged for services to which NHS charging provisions
apply where those services are provided in continuation of treatment
commenced while the person was a detained person.

( )     In this section “detained person” shall have the same meaning as in Part
VIII of the Immigration and Asylum Act 1999.”

After Clause 38

BARONESS MASHAM OF ILTON

LORD ROGERS OF RIVERSIDE

52

Insert the following new Clause—

“Exemption of charging for primary medical services where charging is not cost-
effective or poses a risk to public health

(1)     Section 182 of the National Health Service Act 2006 (remission and
payment of charges) is amended as follows.

(2)     After subsection (1), insert—

“(2)     Insofar as any regulations under section 175 provide for charges to
be made for the provision of primary medical services, they shall
include provision for the remission in full of any charge that falls
below the minimum threshold of service cost.

(3)     In subsection (2), the “minimum threshold of service cost” shall be
the cost to the provider of primary medical services below which no
charge is to be made for the provision of those services.

(4)     Where regulations under section 175 provide for a charge to be
made for the provision of primary medical services, the provider of
those services may waive the charge where he or she considers that
the cost of recovering the charge is not economical or where the
consequences of charging may put the public health at risk.””

Before Clause 43

LORD ROSSER

LORD MONKS

BARONESS SMITH OF BASILDON

53

Insert the following new Clause—

“Recruitment agencies: local workforce

In section 5 of the Employment Agencies Act 1973 (general regulations),
after subsection (2) insert—

“(2A)    The Secretary of State may by order prohibit United Kingdom
based agencies, as defined in this section, from including only
people not ordinarily resident in the United Kingdom as their
clients.””

After Clause 44

LORD ROBERTS OF LLANDUDNO

BARONESS LISTER OF BURTERSETT

54

Insert the following new Clause—

“Permission to work

(1)     The Immigration Act 1971 is amended as follows.

(2)     After section 3(9) (general provisions for regulation and control) insert—

“(10)    In making rules under subsection (2), the Secretary of State must
have regard to the following.

(11)     Rules must provide for persons seeking asylum, within the
meaning of the rules, to apply to the Secretary of State for
permission to take up employment and that permission must be
granted if—

(a)   a decision has not been taken on the applicant’s asylum
application within six months of the date on which it was
recorded, or

(b)   an individual makes further submissions which raise
asylum grounds and a decision on that fresh claim or to
refuse to treat such further submissions as a fresh claim has
not been taken within six months of the date on which they
were recorded.

(12)     Permission for a person seeking asylum to take up employment
shall be on terms no less favourable than those upon which
permission is granted to a person recognised as a refugee to take up
employment.””

After Clause 46

LORD CORMACK

55*

Insert the following new Clause—

“Provision of visas to students at recognised education institutions

(1)     The Secretary of State shall maintain a list of recognised further and higher
education institutions (“the list”) and shall publish guidance on the
requirements such institutions will be required to meet in order to be
included in the list.

(2)     The Secretary of State shall within six months of the passing of this Act use
their power under section 3(2) of the Immigration Act 1971 (general
provisions for regulation and control) to lay before Parliament
amendments to the Immigration Rules as follows.

(3)     The amendments shall have the effect that a person who receives an offer
of a place at an institution in the list established under subsection (1) shall
automatically be granted a certificate of eligibility for fast track entry
clearance and leave to remain for the duration of their enrolment at that
institution and any additional time as set out in the Rules relating to entry
clearance for Tier 4 (General) Student but shall otherwise be subject to the
requirements relating to recourse to public funds, registration with the
police, and employment as applied to other immigrants under Tier 4
(General) Student.”

Clause 64

LORD PANNICK

BARONESS SMITH OF BASILDON

LORD MACDONALD OF RIVER GLAVEN

LORD BROWN OF EATON-UNDER-HEYWOOD

56

Page 51, line 29, leave out subsections (1) and (2) and insert—

“(1)     A committee of members of both Houses of Parliament shall be established
to consider and report on whether section 40 of the British Nationality Act
1981 (deprivation of citizenship) should be amended to enable the
Secretary of State to deprive a person of their citizenship status if—

(a)   the citizenship status results from the person’s naturalisation, and

(b)   the Secretary of State is satisfied that the deprivation is conducive
to the public good because the person, while having that citizenship
status, has conducted him or herself in a manner which is seriously
prejudicial to the vital interests of the United Kingdom, any of the
Islands, or any British overseas territory,

even if to do so would have the effect of making a person stateless.

(2)     The committee shall consist of six members of the House of Lords
nominated by the Chairman of Committees, and six members of the House
of Commons nominated by the Speaker of the House of Commons, to be
appointed on the passing of this Act to serve for the duration of the present
Parliament.

(3)     Any casual vacancy occurring by reason of the death, resignation or
incapacity of a member of the committee shall be filled by the nomination
of a member by the Chairman of Committees or the Speaker of the House
of Commons, as the case may be.

(4)     The quorum of the committee shall be two members of each House and the
committee shall be entitled to sit and to transact business whether
Parliament be sitting or not, and notwithstanding a vacancy in the
membership of the committee.

(5)     Subject to the above provisions, the committee may regulate its own
procedure.”

After Clause 64

LORD AVEBURY

57

Insert the following new Clause—

“Acquisition by registration: certain persons born between 1961 and 1983

(1)     Section 4C of the British Nationality Act 1981 (acquisition by registration:
certain persons born between 1961 and 1983) is amended as follows:

(2)     In subsection (3C) for the words “and

(b)   does not depend upon” substitute “irrespective of”.

(3)     In subsection (3D) omit the word “not”.”

After Clause 68

THE EARL OF LISTOWEL

LORD TAYLOR OF HOLBEACH

58

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 other person by section 55 of the Borders,
Citizenship and Immigration Act 2009 (duty regarding the welfare of
children).”

Clause 71

LORD TAYLOR OF HOLBEACH

59

Page 56, line 5, at end insert—

“(ca)   the first regulations under section 49(1);

(cb)   the first regulations under section 49(5);

(cc)   the first regulations under section 50(3);

(cd)   the first regulations under section 50(4);”

60

Page 56, line 6, at end insert “or (6)”

61

Page 56, line 9, at end insert—

“(g)   an order under paragraph 2(3)(e) of Schedule 6.”

Clause 72

LORD ROBERTS OF LLANDUDNO

62

Page 56, line 41, at end insert—

“( )     Section 1 and Part II of this Act shall come into force on a day to be
appointed, that day being no earlier than the day on which an order made
by the Lord Chancellor under section 9(2)(a) of the Legal Aid, Sentencing
and Punishment of Offenders Act 2012 in respect of civil legal services in
connection with removal under section 1 and appeals under Part II comes
into effect.

( )     The order must make provision for persons under 25 who entered the
United Kingdom as a child.

( )     For the purposes of this Part, “child” means a person under 18.”

Prepared 29th March 2014