Border Security, Asylum and Immigration Bill

Report (3rd Day)

Amendment 35

35: After Clause 41, insert the following new Clause— “Collection of data on overseas students subject to visa conditions and immigration rules(1) The Secretary of State must collate and publish—(a) the number of overseas students who have had their student visas revoked as a result of the commission of criminal offences,(b) the number of overseas students who have been deported following the revocation of their student visas, and(c) the number of overseas students detained pending deportation following the revocation of their student visas.(2) Data published under subsection (1) must be broken down by nationality.(3) For the purposes of this section—“overseas students” means any person who is not a British citizen who has been granted leave to enter or remain in the United Kingdom for the purposes of partaking in an educational course;“student visa” has the same meaning as in the Immigration Rules.”

My Lords, I believe this amendment supports the main thrust of the Bill, which seeks to help make our country safer and more secure, a goal that I share. It seeks to have a robust immigration system, and I commend the Government on that. The first step in that process is having the information that you require to give effect to efficacious public policy. An effective immigration system that protects the UK and allows it to flourish needs to understand the people coming into our country and whether they are acting like the good, law-abiding citizens they ought.

It is as well to remember that at the heart of this amendment is the central fact that the Immigration Act 1971 was and always has been a permissive legislative instrument, in that student visas are issued with conditions, impose obligations and are in no sense an absolute civil or human right. Some 431,725 sponsored study visas were granted in the year ending June 2025. I want to make it clear that the vast majority of those individuals come, study hard and contribute to our society and economy, but there is a minority who abuse that privilege —and it is a privilege. We have some of the world’s top universities in our country, and it is not an automatic right to be here.

In the 2022-23 academic year, less than a quarter of recent foreign students were on courses that the Department for Education deemed “strategically important” for the UK, such as in engineering, science, technology or healthcare, contrary to the hopes of Ministers in the previous Government when they launched the graduate visa route in 2019 and enacted it in 2021. Indeed, 69% had been on a course of only one year’s duration. The proportion of international students remaining in the UK after graduation climbed from 20% to 56% between 2021 and 2024, with only a minority of 23% studying a strategically important postgraduate course. Others studied, for instance, anarchism, television studies, recreation and leisure studies, hair and make-up, computer games, beauty therapy and alternative medicines and therapy.

My Lords, my Amendment 35C aims to stop people who come to the UK on a student visa abandoning that route for an asylum claim. Today, I will explain why such an amendment is needed, and then I will respond to the objections made by the Minister, take account of them and explain why this amendment meets the most substantive one.

First, why is this amendment needed? Around 435,000 people were granted student visas in the 12 months to June 2025. In the same period, 111,000 people claimed asylum, of whom 14,800 had entered the UK on a student visa. So, 13% of claims for asylum were made by student visa switches. The consequences—as I explained, so I will not run through them again in detail—are serious. For university finances, the ability to plan courses and allocate places suffers if students accept and are allocated a place but drop out mid-course or never show up, leaving empty places, damaging the finances and creating black holes for the university. They are not, except in a few cases, innocents overtaken by dangerous political changes at home, which my Amendment 35C now covers; rather, they are people who abuse the student visa route and exploit the laxity of our rules and the by now reluctant generosity of our taxpayers.

I may have mentioned a recent report of a couple from India who candidly spoke anonymously on camera to a reporter. The wife had got her student visa but had no intention, she said, of taking up her place. An agency had been engaged to see to the paperwork and fake the financial and other eligibility documents. That couple are now living on benefits and hope they will be given asylum because one of their children has a bad medical condition.

In Committee, the Minister made three sorts of objections to my amendment, designed to include claims from student visa holders made two days after arrival. The first was also mentioned by my noble friend Lord Sandhurst. I therefore take account of this, the substantive objection in both the Minister’s and my own Front Bench’s argument. A two-day time limit does not cover unfortunate students who dutifully pursue their degree courses but discover, sometime into it, that the political circumstances have changed and they could face imprisonment, torture or even execution if they go home. Today’s amendment allows for these changed circumstances.

The Minister’s second objection was a bit puzzling. Those affected by my amendment would be left, he said, in a state of limbo, because there would be no obvious way to return them to their own countries. He left it unclear whether the difficulty would be on the UK side or that of their own countries. There is no reason to suppose that the countries where such students come to the UK from would refuse to take them back, or that they would be unsafe. Home Office data reveals that, in the first six months of this year, of those on student visas claiming asylum, “a significant number” came from Nigeria, Bangladesh and Pakistan, each a member of the Commonwealth and with which the UK has strong ties, whether of trade, investment or research, due to cultural and historic links or, as with Nigeria, as noble Lords will remember, a mutual deportation or returns agreement. I know that Sudan and Afghanistan, the other two countries on the Home Office list, are more difficult. If the difficulty is on the UK side, then such claimants are in the position of having a visa that entitles them to be in the country, subject to certain conditions, and when that visa expires, they must leave, and if they do not do so of their own volition, they must be deported. If they give up their course and cease to be in full-time education, they cannot remain here by virtue of a student visa.

The third objection the Minister mentioned was that the two-day deadline would still leave it open for people to come on student visas under false pretences and claim asylum. I left the two-day deadline in for those genuinely fleeing persecution who fly to this country and have no option but the student visa route, but if the Minister prefers, I would not object to removing it and substituting a blanket ban. I am grateful to the Minister for explaining his objections, and I have responded, I hope, to his objections and covered the substantive one. I therefore hope that Amendment 35C will be accepted.

My Lords, my Amendment 71A is an amendment to Amendment 71 in the names of my noble friends on the Front Bench. It should be seen in the context of my comments about modern slavery in the debate on Monday. This modern slavery system now supports more foreign citizens than it does British citizens—something that the public, I am sure, are not aware of and would rightly be concerned about if they did. Modern slavery victim support is a multi-million pound cost to the public purse, as well as having an untold cost in human misery. In fact, between 2016 and 2023, the Home Office spent over £40 million through the modern slavery fund to combat modern slavery overseas and reduce the threat of human trafficking to the UK, including from Albania and Vietnam. British taxpayers are funding these projects, but they evidently have not worked, so it is time for a different policy.

The top nationalities referred to the NRM now relate to Albania, Vietnam, Eritrea, Sudan, India, Iran, Romania, Nigeria and Ethiopia. But those who have been a victim of crime in this country commonly feel that their support by the British state is inadequate, and I am sure the general public would agree that our own citizens should come first, before we distribute generous welfare to people from those countries that I have just mentioned. Therefore, my amendment adds an additional visa penalty to those that are set out in my noble friends’ amendment and would ensure that those countries which do not do enough to tackle upstream causes of modern slavery, and therefore export their victims to our shores, feel the pain of not having done enough by having their visa access restricted. It is simple: if we are providing the carrot of visa access, we should ensure that we have a good, strong stick.

My Lords, I rise to support my noble friend Lord Jackson’s Amendment 35 and to pose a few questions to the Minister. I will not repeat what my noble friend said; he set out the case very compellingly.

I note from a Written Answer that the Minister said:

“The information requested is not available from published statistics”.

I am sure that is true; the Minister will have given a truthful answer. However, what information does the department collect that it does not publish?

When I was Immigration Minister between 2012 and 2014, we were very clear about the importance of overseas students. We wanted them to come here, but we also wanted to make sure there was no abuse. The department at that point collected a lot of information about the risks involved in students coming here from a variety of countries, including, for example, the risk that they would overstay their student visa. We used that risk information to focus our checks when those students were applying for visas. I presume that work still exists. Has the department done any work on collecting information on the behaviour of overseas students in the United Kingdom—for example, criminality or other offences—that it does not put in existing published statistics? If it does collect that information, can it make it available? If that information is used by the department in decision-making and assessing risk, it is presumably good enough—even if it is not perfect and does not meet the criteria for published statistics—to be shared with Members of your Lordships’ House.

Those are detailed questions. If the Minister is not able to, or does not, answer them today, I am sure that either myself or my noble friend Lord Jackson, in his typically assiduous way, will table some Written Questions to follow them up. With that, I strongly support his amendment.

My Lords, I support my noble friend’s Amendment 35. We really need the data to understand the problem and how efficacious our measures to control it are. My noble friend asked a number of different questions in a number of different ways, and he has not been given the information the House requires. We need to understand why that is. I am sorry that the noble Lord, Lord Hanson of Flint, is not in his place, because I was about to pay him a compliment. I managed to extract a truly startling statistic from him when I asked what proportion of people in these circumstances—those who have arrived through what is now termed irregular routes—are removed from the country against their will. The answer was 4%, so there is a 96% chance of success in remaining.

In order to understand the reasons why people typically want to come to the UK, one needs to understand the strength of the regime that deals with those applications, and the chances of staying versus being deported or removed from the country through one means or another. Unless the Government can really come forward and answer my noble friend’s question, or agree to his amendment, it is very difficult to take seriously the actions the Government are taking. We know that the Government do not know who is in the country at any one time; our systems do not record exits from the country as they do people coming in. It will probably lead us to a much wider discussion about how we can get the data and know who is here and who has overstayed the terms of their visa. It is entirely reasonable for my noble friend to ask those questions, and it is the Government’s duty to respond in detail.

My Lords, I am particularly interested in the student visa amendments, which are both very helpful. There is now an informal assumption that there is a problem with some overseas students playing the system and potentially using their student visas as a mechanism for seeking asylum. The noble Baroness, Lady Lawlor, presented a balanced and sensitive case so that all of us can understand, first, the importance of overseas students to the UK and, secondly, the legitimate use of asylum seeking if circumstances change, while at the same time understanding that there is potential abuse of the system. The problem is that while there is a focus on, for example, small boats, maybe a focus on universities does not feel quite as newsworthy and headlines will not be generated, or it seems somehow more legitimate if they have come to do even a media studies course—they cannot be criminals. None the less, there is a problem if the system is abused.

There are two additional points that have not been referred to. I fear that UK universities themselves have mis-sold universities to overseas students, treating university courses as cash cows. One of my first more militant acts at university, many decades ago, was a week-long sit-in to defend overseas students from increased fees, and I have always thought that it was an important part of our education system to defend them. However, universities simply sell inappropriate courses for money to students who often cannot to speak adequate English for a degree. That is not to criticise them; I am criticising the university managements who sell their courses in that way. That kind of cynicism is likely to rub off on students, who will not necessarily come here and think, “I must take seriously my duties and responsibilities to higher education and the pursuit of knowledge”, because the universities have, in an entirely instrumental, business-like fashion, sold them a course that is maybe not very good and not taken any notice of their facility for education. Why would you not become cynical in those circumstances?

My Lords, as the House knows, I have sat in a lot of these debates and never stood up to speak, but I feel compelled to speak today. I declare my interest as having been chancellor of two universities, York St John University and the University of Cumbria, for well over 12 years. We had a lot of overseas students. I am not persuaded by what I am hearing today. It is very easy to cast aspersions when you are not within the university itself. Most of our universities do a fantastic job in registering people who really want to study here. Both York St John and Cumbria had training centres in China, so the students had a good command of English before they got here. All the students in those years actually went back, unless they remained to do some research, which was also allowed. Please let us not have these generalised statements about universities all being the same.

I want to clarify, in case there was any confusion, that I have worked with and have great admiration for many Chinese students in this country. My contribution was not an attempt, in any way, at smearing them. That is not to say that there is not an abuse of the system in some instances. I was querying whether we should be attentive to that, because the students are betrayed when they are not given proper education in this country and are used in a particular way for political ends. That does not mean, at all, that all Chinese students are doing that.

My experience is quite different. I have been a chancellor of two universities that have actually recruited students from all over the world—for education, not for any other purpose. They were also wonderful universities for students within our own country. Before the founding of the University of Cumbria, students used to leave Carlisle to go to different universities in our country and they never went back. The creation of the University of Cumbria benefited local businesses —we have talked about manufacturing in places such as Barrow—so it has been wonderful seeing our own local students rising up to the possibility of being very good engineers, manufacturers, nurses and doctors, or being trained in other ways. I stood at the podium giving out degrees to students from all over the place. At York St John, there were always four ceremonies, each with about 400 students at a time. That is what I know from what I experienced—it is therefore possible for me to say that.

I must declare a second interest: I came here on a student visa in 1974, which was renewed every 12 months until I was ordained in 1979. Later, when I became Bishop of Stepney, I was given indefinite leave to remain but I never applied for naturalisation in this country, which was a possibility, until 2001. I was a faithful student who came here on a student visa. It is no good anybody telling me that if some Ugandans come here—let us say there are four of them—and involved themselves in criminal acts, we can then use those four as a test case to say that people from that country should not get visas. From all that I know, most of the students from Uganda went back—my circumstances were part of something different. Please can we not express guilt by association, where we say, for example, that if some people from Nigeria do something, all of them must be the same, so we must always gather the figures and numbers?

This has always been a free country for me, and it has helped quite a lot of people who have been in great difficulty. I came here because of Amin’s trouble; I had to give up my law job. My staying here has to do with me continuing to study and then being invited to become a chaplain of a prison in Richmond, which I did for four years. Indefinite leave was quite a different thing. I always resisted naturalisation to become a British citizen; at the time I thought that I was natural and that there was no need to be naturalised. Still, occasionally, whenever I hold my British passport, I say, “To get this, I had to be naturalised”. That term is pretty offensive, because there is nothing unnatural about me that needed to be naturalised.