Immigration Bill

AmendmentS
to be moved
in committee

Clause 16

BARONESS HAMWEE

LORD PADDICK

 

Page 17, line 7, leave out paragraph (b)

Clause 17

BARONESS HAMWEE

LORD PADDICK

 

Page 18, line 9, at end insert “and the authorised officer has reasonable grounds to
believe the power should be exercised urgently.”

 

Page 19, line 37, after “it,” insert—

“( )   until the expiry of a period of one month from the date of
seizure, if earlier,”

 

Page 19, line 38, leave out “or is subsequently”

Clause 18

BARONESS HAMWEE

LORD PADDICK

 

Page 21, leave out lines 24 and 25

 

Page 21, line 41, at end insert “and is not a vehicle under P’s control”

 

Page 23, line 3, after “any” insert “specified”

 

Page 23, line 4, leave out from “application” to end of line 15

Clause 20

BARONESS HAMWEE

LORD PADDICK

 

Page 25, line 12, leave out “should” and insert “is required to”

Clause 21

BARONESS HAMWEE

LORD PADDICK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 21
stand part of the Bill.

Clause 22

BARONESS HAMWEE

LORD PADDICK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 22
stand part of the Bill.

Clause 25

BARONESS HAMWEE

LORD PADDICK

 

Page 31, line 30, leave out “, or intends to make,”

 

Page 32, line 31, leave out “may” and insert “shall”

 

Page 32, line 33, leave out from “(14)” to end of line 36

 

Page 32, line 40, leave out from second “the” to end of line 41 and insert “person
who appears to be entitled to it.”

 

Page 33, line 6, leave out from “citizenship” to end of line 8

Clause 26

BARONESS HAMWEE

LORD PADDICK

 

Page 33, line 45, leave out from second “the” to end of line 46 and insert “person
who appears entitled to it.”

 

Page 34, line 3, after “State” insert “reasonably”

 

Page 34, line 9, leave out from “may” and insert “shall”

 

Page 34, line 11, leave out from “(5)” to end of line 14

Clause 29

BARONESS HAMWEE

LORD PADDICK

 

Page 36, line 2, after second “State” insert “reasonably”

 

Page 36, line 25, after “State” insert “reasonably”

 

Page 36, line 32, leave out from “State” to end of line 34 and insert “shall, when he
or she no longer wishes to retain a nationality document in accordance with this
section, return it to the person who supplied it.”

 

Page 37, line 7, leave out from “citizenship” to end of line 9

Clause 33

BARONESS HAMWEE

LORD PADDICK

 

Page 38, line 31, after “a” insert “material”

After Clause 37

BARONESS LISTER OF BURTERSETT

LORD ALTON OF LIVERPOOL

 

Insert the following new Clause—

“Asylum support move on period

Persons in receipt of asylum support will cease to receive such support 40
days after receiving a Biometric Residence Permit following the granting
of—

(a)   refugee status;

(b)   humanitarian protection status;

(c)   discretionary leave status;

(d)   indefinite leave to remain; or

(e)   limited leave to remain for 30 months.”

BARONESS HAMWEE

LORD PADDICK

 

Insert the following new Clause—

“Ending asylum support

In section 94 of the Immigration and Asylum Act 1999, for subsection (3)
substitute—

“(3)     For the purposes of this Part, a claim for asylum is determined—

(a)   when, following a decision—

(i)   the Secretary of State has notified the claimant that
his or her decision is to accept the asylum claim,

(ii)   the Secretary of State has notified the claimant that
his or her decision is to reject the asylum claim but at
the same time notifies him or her that he or she is
giving him or her limited leave to enter or remain in
the United Kingdom, or

(iii)   an appeal by the claimant against the Secretary of
State’s decision has been disposed of by being
allowed,

and the claimant or dependents of the claimant do not
appear to the Secretary of State to be destitute; or

(b)   where the decision has not resulted in a grant of leave, at the
end of such period as may be prescribed beginning—

(i)   on the day on which the Secretary of State notifies
the claimant of his or her decision on the claim, or

(ii)   if the claimant has appealed against the Secretary of
State’s decision, on the day on which the appeal is
disposed of.””

After Clause 38

BARONESS HAMWEE

LORD PADDICK

 

Insert the following new Clause—

“Families of British citizens and other persons with leave to remain

(1)     The Secretary of State shall, within six months of the passing of this Act,
amend the Immigration Rules regarding any person who satisfies the
conditions in subsections (2) and (3), in the ways specified in subsection (4).

(2)     The first condition is that the person is applying for—

(a)   entry clearance to the United Kingdom,

(b)   leave to remain in the United Kingdom, or

(c)   indefinite leave to remain in the United Kingdom.

(3)     The second condition is that the person is applying as the non-European
Economic Area national partner or dependent child of a person who is—

(a)   a British Citizen,

(b)   present and settled in the United Kingdom, or

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

(4)     Immigration Rules shall specify that, for a person who meets the conditions
in subsections (2) and (3)—

(a)   the minimum annual income requirement shall be—

(i)   for a partner, the equivalent of one year’s salary (net of tax
and national insurance contributions, and allowing for four
weeks’ holiday) at the rate of the national minimum wage in
effect at the time,

(ii)   for one child in addition to the partner, the additional sum
of £2500,

(iii)   for each further child, the additional sum of £2000, and

(b)   subsidies and financial support (including the value of
accommodation provided) shall be applied towards the calculation
of income.”

 

Insert the following new Clause—

“Failed asylum seekers: support for voluntary return

(1)     A person who is a failed asylum seeker who has not left the United
Kingdom shall be provided with—

(a)   a caseworker,

(b)   a named point of contact representing the Secretary of State, and

(c)   legal advice.

(2)     Such provision shall be made or arranged by the Secretary of State.

(3)     The Secretary of State shall appoint an independent person to review and
report on the operation of assisted voluntary return procedures for failed
asylum seekers.

(4)     The reviewer must, in particular, report on—

(a)   the level of financial support provided to failed asylum seekers
when they leave the United Kingdom, and

(b)   the level of contact with organisations in the country of return
necessary for the welfare of the failed asylum seekers.

(5)     The report must be completed before 1 October 2016.”

Schedule 3

BARONESS HAMWEE

LORD PADDICK

 

Page 80, line 27, leave out “any person the officer thinks appropriate has” and
insert “the employer, the persons referred to in sub-paragraph (11), and such other
persons as the officer reasonably thinks appropriate have”

 

Page 87, line 4, at end insert “or”

Schedule 5

BARONESS HAMWEE

LORD PADDICK

 

Page 94, line 13, leave out from “application” to end of line 17

 

Page 96, line 45, leave out sub-paragraph (3)

Schedule 7

LORD RAMSBOTHAM

 

Page 101, line 22, 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.”

 

Prepared 12th January 2016