Entry to UK, Immigration and Asylum - Term Paper Example

UK While Appearing Increasingly Restrictive and Desperate, is Significantly a Time of Increasing Flexibility Abstract The issues related to immigration and asylum has been one of the important issues in last few years. This is due to the phenomenonal growth of migrants from various part of the world for better opportunities and living conditions. In order to maintain the demand and supply pattern, safeguard the employment sector for the locals and address the security concerns due to increased threat of terrorism Government have introduced new policy. This paper discusses the various aspects of immigration law including the recent one. Table of Contents Abstract I. Introduction II. Entry to UK, Immigration and Asylum III. The Points System IV. Argument and analysis V. Sponsors and Bond VI. Conclusion VII. References VIII. Bibliography I. Introduction Immigration is one of issues Migration is one of the sociological trends in which people move from one country to other countries to take up residence. The reasons can be economic, terrorism, war or any other reasons. According to national statistics estimated number of people arriving to live in the UK had increased from 513,000 in 2003 to 582,000 in 2004.1 At the same time estimate number of people leaving the UK to live elsewhere was 360,000. These along with several other factors have posed challenges for the Government regarding several issues of security and support. After the London bombing of 7/7 questions were raised on the immigration laws, asylum and illegal migrants. Migration on one hand helps any government to fulfill the demand of skilled and unskilled work force. At the same time it is required to keep the unwanted and unsocial elements of other countries out of the country for the safety and security concerns of the residence. The Immigration Law is one of the instruments to ensure that. Immigration Law is developed in order to determine the criteria of people entering UK. This Law also prohibits or allows immigrants to live, work or simply visit UK. This area of law is often surrounded by controversy. It is subject to regular revision in order to meet the changing economic and social requirements of the UK. ‘The current situation in the UK, while appearing increasingly restrictive and desperate on the one hand, is also significantly a time of increasing flexibility and opportunity.’ This paper first discusses various issues related to immigration and asylum in UK. It throws light on the brief history of the immigration law, the numbers and types of immigration and other issues. The section of Point System covers the new point system of UK. It also covers the potential benefits and drawbacks of the system. Section following this covers the sponsorship and bonds issues. At the last the paper covers the analysis of the topic. II. Entry to UK, Immigration and Asylum Issues related to immigration have been one of the burning topics in last few years. Media has given due attention to these issues time to time. The issues like increasing cost, housing needs, requirement of various skill workers, illegal immigrants and aliens, security threats and others have been some of the main issues of concerns. The concept of immigration is as old as history of Great Britain. The changes in the trends before 1960 and after 1960 have been the number of immigrations per year and restrictive policies on the same. This was done to protect the nations in various economic and social aspects. In the past during 1905 there was a strong hatred against the immigrants. They were blamed to result in the poverty crime and unhealthy living situations. Royal commission was given the task to study the same and the conclusion was The conclusion of the Royal Commission was that there was no threat to the jobs and working conditions of British workers, and immigrants did not create poverty, disease, and crime. There was a slightly higher rate of crime among some alien groups, though Dummett and Nicol suggest that ‘the figures were crude and took no account of social class’ (1990:101), and immigrants were living in overcrowded housing. 2 According to Clayton overall the report was in favour of immigration control. Royal Commission recommended immigration control. The result of this study was Aliens Act 1905. It was the first major piece of modern immigration legislation. This Act was marked by the inception of the immigration service and the appeals system. This act set up an inspectorate that operated at ports of entry to the UK. The changes and amendments on the act were incorporated to meet the changing needs of the society. The Aliens Order of 1920 followed by the 1919 Act was the foundation of the control of aliens. This had initiated today’s system of work permits. Systems of passports and work permits grew during the wartime controls after 1914. Prior to that it was possible to travel without a passport between many of the countries. As UK’s Office of National Statistics states: The term migration refers to the movement of persons between countries for the purpose of taking up residence. The UK's Office of National Statistics defines a migrant as someone who changes his or her country of residence for a period of at least a year. Key issues associated with migration, such as UK immigration and asylum, represent a strong concern for economic and social policy in the UK and have in recent times occupied a large proportion of the political agenda.3 1960’s were the time of industrial revolution and transformation of agricultural based economy to industry based economy. The overall economic, sociological and political set up was changing worldwide. The developed economy was concerned about the immigration aspect as well. 1960s, Britain was concerned about the possible effect of large-scale immigration to the UK from the former colonies. Prior to the Commonwealth Immigration Act 1963, all Commonwealth citizens could enter and stay in the UK freely. Further acts restricted the categories of people who could enter with no restrictions, but those CUKCs who still had passports issued by the British government, as opposed to colonial governments, retained rights of access to the UK.4 Commonwealth Immigration Act 1963 restricted the entry of commonwealth citizens and provided certain control over the immigration from these countries and the kind of people migrating. Further during this period there was a change in the attitudes of the people worldwide. Europe was seen as a wealthy centre. The number of people applying under various criteria to migrate increased. Though the ratio of inflow and outflow of migrants was less during this period as compared to today. The laws and regulations was less restrictive prior to 1990’s. 1991-1995 1996-2000 Inflow Outflow Balance Inflow Outflow Balance Work-related 45 64 -19 81 77 4 Accompany/join partner 74 58 16 71 50 20 Formal study 49 11 38 77 11 66 Other2 47 45 2 72 64 8 No reason stated 24 35 -11 22 30 -9 All reasons 239 213 26 322 233 89 Table 1: A Comparison of Immigration during 1991-95 and 1996-2000 When the Immigration Act 1971 was passed, the racial definition of those with rights of entry and those without was complete. While the Immigration and Asylum Act 1999 and Nationality Immigration and Asylum Act 2002 have made substantial changes to the immigration process and the rights of immigrants, the 1971 Act remains the source of Home Office and immigration officers’ powers to make decisions on entry, stay, and deportation.5 According to Clayton “the last decade has seen a flurry of legislation principally aimed at controlling asylum seekers: the Asylum and Immigration Appeals Act 1993, Asylum and Immigration Act 1996, Immigration and Asylum Act 1999, and Nationality Immigration and Asylum Act 2002.” The immigrants are basically of four types. The first type is family unification under which the spouse, siblings, unmarried children, parents come. According to Clayton6 the recognition of marriages and divorces have consequences on the recognition of the marriage and people who get entitlement to come to UK. Divorce cannot be recognised in immigration, as the party is resident to UK. The second types of immigrant come under refugee/asylum head. These are the people affected by the war, unfavourable conditions of their countries like people from Afghanistan, Iraq and others. The third type comes under employment category. This kind of immigrants are called on the basis of skilled workforce needs for example qualified doctors and medical professionals and at present electricians including other professionals. The last kind includes diversity wherein musicians, artist and various others not included in the above list are included. People entering without permission and authority come under illegal immigrants. “The Institute of Public Policy Research (IPPR), set out to argue the case for Britain granting amnesty to a large number of illegal immigrants living and working here. The Home Office produced its first estimates last year indicating that there were anywhere between 310,000 and 570,000 illegal immigrants in the U.K. As per the IPPR report the new trend in the illegal immigrants are to overstay on the visas. This is probably due to the security and checking on the borders people overstay rather than entering clandestinely. The new law has imposed taxes and strict regulations on those employing these illegal immigrants without work permit. The reason of most of the illegal immigration is better prospect of pay and job opportunities. The fear of people entering for the terrorist and notorious acts has been increased after the attacks of September 11 and 7/7 London bombing. This also demanded for the meticulous decision making on the asylum and immigration policies. Most of the illegal immigrants come to fill vacancies across the skills spectrum. Majority of them end up doing dirty, difficult, hazardous or dangerous work. For most of these works it is difficult to get resident workers. One of the previously done study stated that immigrants filled 90% of low paid jobs in London. The similar study indicated that regularising these immigrants would help the economy and security concerns. Economically the benefit will be towards the contribution to the government revenues as income tax. The other is the cost associated to return these illegal immigrants to their respective countries. As explained in the similar study: If we consider the Home Office’s median estimate of numbers 430,000 personnel, this would raise £485 million a year if paid the minimum wages. This figure would touch an astonishing £1.2billion if earnings reflected the median pay of legal immigrant workers. This is a huge financial gain for the government. If the government chose to deport these illegal workers, the national coffer will sink to the extent of losing £4.5bn to return all these illegal immigrants.7 The political impact on the immigration issues was very evident. Conservative party in last three elections (1992,2001, 2005) out of four used race card as one of the political tools. “Andrew Lansley, now a Tory MP but an election strategist in the 1992 election, enthused to the Observer early in 2001 about how well immigration had played "in the tabloids" in 1992 and how it still had "more potential to hurt".8 To counter illegal immigrants and asylum seekers the Blair government brought into legislation the new point system with immediate effect after the debates of many years. Even media had a great role to play in the issue of immigrants. Coercive controls introduced by Tony Blair in 2003 - which breached the spirit if not the letter of the Geneva Convention on refugees - cut asylum applications by almost two-thirds by 2004. But even this did not satisfy the Tories or the anti-immigrant Migrant Watch” (Malcolm Dean, Amnesty offers fresh start on immigration, The Guardian, April 6. 2006)9. The changes in the immigrants’ regulations specifically to address the illegal immigration issue IPPR plan offered new schemes. This was based on ID card and new point system of the government. Under the IPPR plan, if an illegal immigrant can show that he/she has been working in the UK then, he/she would be issued an ID card, a three-year temporary work permit, and their families would be allowed to stay with them. These permits could be renewed under the government's new point’s scheme” (Malcolm Dean, Amnesty offers fresh start on immigration, The Guardian, April 6. 2006)10. . Under new immigration rules doctors from the European Union and favoured countries need to have a work permit. People without work permit have to return to their countries to apply for the same. The permits will also be granted only if some specific vacancies are there that cannot be fulfilled by the residents. This had been criticised for having double standards against the merit-based system by the medical professionals worldwide. The perception is the homegrown doctors would be preferred over the meritorious and qualified doctors by the hospital. This will have impact on the overall quality of the service standards. This action was intended to protect the local doctors and the doctors from European nations and had scraped the traditional permit-free training arrangement for international doctors. The new rule that hospitals have to show that they are not able to find suitable local candidates will only give chance to the overseas doctors. “To ensure that we are recruiting only doctors to the U.K where we have genuine skills shortage, NHS Trust will be required to get a work permit for every doctor that they wish to employ from outside the EU. In future, International Medical Graduates who wish to work or train in the NHS will need a work permit. To obtain one, the employer must show that a genuine vacancy exists, which cannot be filled with a resident worker,” said Lord Warner. 11 The new points system has aimed at discouraging the illegal immigrants. This has imposed restrictions over the employers as well as Immigrants and asylum seekers to the U.K. Immigrants and asylum seekers need to qualify the new point system to get job in UK and at the same time employers employing illegal immigrants or exploiting them will suffer fines and punishments depending upon the act defined. III. The Points System The new point system has welcomed the investors and high skilled workers in UK. This is similar to schemes used in Canada and Australia. In this foreigners win points for factors including qualifications, work experience, sponsors or relatives and language skills. This also makes it difficult for the unskilled and low skilled workers to get entry in UK for job.12There are various objectives for this new point system. The new point’s based system launched by the Government aims to control migration, ensure that only those who benefit Britain can come here to work or study, tackle abuse, and identifies the most talented workers needed by the country. By doing so it will not only strengthen its economy but also borders from illegal immigrants and asylum seekers in UK. The point system included 5 Tiers system. Based on the skill set, intention to enter the country, qualifications, sponsors and other factors these Tiers have been defined. For instance the Tier one is described as below: Highly skilled individuals can contribute to growth and productivity. Workers in this category will have the most flexibility in the UK and greatest opportunities to settle for good because the system regards them as having the most potential for generating wealth - such as by setting up companies and creating jobs.13 The centre of the Government's five-year strategy for asylum and immigration is this points based system. It was published in February 2005. This move had been criticised and resented by certain political, bureaucratic, and public figures. One of the reasons can be the added obligations to the UK’s businesses and universities to sponsor migrate and ensure them adhering to the terms of their visa. Tough law and review boards will help to weed out the false visa applications. The new point system has consolidated works under five main categories: Highly skilled: This includes highly skilled workers and investors. The highly skilled can be scientists and entrepreneurs Skilled workers This is the second preferred group of with a job offer from the organisation of UK. These can be nurses, teachers, and engineers Low skilled workers: These will fill specific temporary labour shortages. This can be related to construction workers for a particular project or temporary overseas employees. Students This includes the applicants or people apply for various courses in UK institutes. Variety: These include youth mobility and temporary workers e.g. working holidaymakers, musicians, artists, filmmakers and others. The proposal “Selective Admission: Making Migration Work for Britain drew the certain benefits to the UK. The first most benefit was about he economy. It was written that this would help in better identification and attraction of migrants. These migrants will contribute to the UK economy most. Second benefit is efficient, transparent and objective immigrant application processing. This is also mentioned that it will improve compliance and reduced scope for abuse. It will support the cultural exchanges and economic competitiveness. Another major issue addressed is the complexity to understand the process would be converted to the simpler one. The system is simpler to understand and the rules for entry clearer and more consistent for the applicants. It will offer more certainty about the prospective migrants for the firs and institutions. Various political parties, employers’ organisations, trades unions, educational institutions and other organisations agree about migration being vital for the economic and social growth of the U.K. This is a process through which the labour gaps can be filled up. This is the process that helps in maintaining the economic growth. This can support various public services such as health and education, and increases investment, innovation, and entrepreneurship. This also has emphasised on the best utilisation of the labour resources available in the UK and expanded EU. This is robust against any abuse of system. The new policy is made as such that only those contributing to the growth and prosperity of the economy will be allowed. The conditions to leave the country are to be made clear. As mentioned earlier these points are to be awarded to reflect an applicant’s aptitude, experience, age and also the level of necessity in the given sector to allow him/her in UK. The immigration department have to respond flexibly to changes in the labour market. The Skills Advisory Body will identify labour shortages before making their recommendations for any application. This will simplify the procedure to simple one stage transparent procedure. A system of sponsorship by employers and educational institutions to ensure compliance, and financial securities for specific categories where there has been evidence of abuse to ensure that migrants return home at the end of their stay will help check overstaying.14 This is to ensure that illegal immigrants and asylum seekers find it difficult to survive and over-stay here. Those working without proper authorisation, part time employment have to return to their countries and than have to apply through proper channels to re-enter UK. After receiving Royal Assent the Immigration, Asylum and Nationality (IAN) Act will enable Government to implement the promises it made in its five-year strategy for immigration and asylum. It was published in 2005. The primary legislation Provisions in the Act will: Restrict appeals Tackle illegal working Respond to new security threats Strengthen our borders Restrict appeals: This is to support genuine migrants who meet the transparent and objective criteria set out under the Government’s Points-Based System for migration and restricts those had been refused entry to the UK to work or study. Tackle illegal working: A new civil penalties scheme for employers has been introduced. It includes fines of up to £2,000 per illegal employee and custodial sentences of up to two-years and unlimited fines for those found knowingly to use or exploit illegal workers. Strengthen our borders: Biometric identification system is being used here. A proper data sharing and data flow has been ensured and verification process based on the biometric system for fingerprints and others. . Respond to new security threats After 7/7 London bombing several issues related to possible use of the asylums by the terrorist was raised. This provision will help in controlling those issues and ensuring security and safety across UK. IV. Sponsors and Bond These two have been used an instruments to control immigrations. Sponsors could help make the system work by15: Assessing of prospective migrants and confirming that applicants meet the criteria Confirming, with evidence, that the migrant is needed in the UK in the category specified Letting the Home Office know when a migrant leaves work, or stops attending their studies. Evidence of the purpose of their stay and of sponsorship. This will be forfeited if they did not leave at the end of their stay. A possible reason for requiring a bond would be that the applicant came from a country with a greater than average incidence of recorded breaches of the Immigration Rules; or where there was an established pattern of, for example, students obtaining entry and then non-attending at college and working illegally.16 Youth mobility/cultural exchange will be restricted to young nationals of countries with effective returns arrangements. These people will need to be sponsored. Their sponsors can be their Government or an international agency, a registered agency or an individual in the UK. The sponsorships and bonds are being used as instruments to control the immigrations as per the requirements. V. Argument and analysis There are various ways to look at the new immigration policies. As one can see it protects the locals at from various economic and social threats. The unemployment and the shortage of labour both are being tackled properly. In March 2006 one of the polls conducted for the public view on the immigration issues 76% of the British public favour an annual limit on immigration. The UK’s population is projected to rise by 7.2 million from 2004 to 2031 – 6.0 million (83%) of this rises is due to immigration. The cost of running the Immigration and Nationality Department of the Home Office rose from £300 million in 1998-1999 to 1.9 billion in 200317 But at the same time one cannot ignore the fact this immigrants pay taxes and contribute to the economy. They support in fulfilling the needs which are unmet by the home. Based on the previous abuse migrants from higher risk countries or visa categories have to deposit a financial bond. "The provisions within the Act will help the Government in dealing with people who pose a threat to the UK's national security, continue our work to strengthen and modernise our borders using new technology, develop closer working between border control agencies and restrict the right of those refused entry to challenge a decision18 The new law has covered the most of the issues very well. This has addressed the issue related to economy and unmet demand of labour at various sector by making the immigration process simpler and one stage process. On the other hand it has protected the domestic employment market by the deciding the work permit approval for the skill shortage areas. The policy on the illegal immigrants and punitive arrangements for the employers employing illegal immigrants will also help in checking the illegal immigrants. Overall this deals with the majority of the current issues. The issue remained uncovered is to the more stringent policies towards the illegal immigrants and over stay problems. The issue of overstay can be handled more appropriately due to the fact that initial assessment of the applicant would had been careful. The sponsors, local address people known can be contacted easily. The system should be developed as such that it would notify the number and details of immigrants whose visas are going to be expired. These people should be contacted in advance and notify about that. If the visa is not extended further and there is no clue that the person have deported on due date action can immediately taken against those. It will help in checking the numbers and will not let such cases piled up. VI. Conclusion In the paper the changes in law has been seen from the past. The immigrations on the one hand is required to fulfil the economic and developmental needs, on the other hand it the number of immigration have impact on the economy, resources, population and housing and public services. It is a challenge for the government to balance all the issues. The issue of immigration and asylum is a political and sensitive issue in UK. The new point system addresses most of the sensitive areas of this issue. It will restrict the illegal immigration, support in managing migrations and meeting demand of economy and growth with it. VII. Reference A Points-Based System-The New Managed Migration System, Foreign Policy News retrieved on 18 April 2006 from www.britishhighcommission.gov.uk Aldous, 2006 Extra Investment and Increase in Homegrown Medical Recruits Eases UK Reliance on Overseas Doctors retrieved on 18 April 2006 from http://www.mmc.nhs.uk/pages/news/article?4AF05FD4-98E6-4C9D-9558-610916DC035F Migration and population growth retrieved on 14 April 2006 from http://www.gad.gov.uk/population/2004/methodology/mignote.htm Highly Skilled Migrant Programme retrieved on 14 April 2006 from http://www.workpermit.com/uk/highly_skilled_migrant_program.htm Average annual international migration1: by main reason for migration, 1991-1995 and 1996- 2000 retrieved on 14 April 2006 from http://www.statistics.gov.uk/StatBase/Expodata/Spreadsheets/D4960.xls http://www.ind.homeoffice.gov.uk/ind/en/home/news/press_releases/immigration__asylum.html accessed on 14 April 2006 Brinkmann, Gisbert 2004: “The Immigration and Asylum Agenda”, European Law Journal, 10(2): 182-199 Zetter et al, An assessment of the impact of asylum policies in Europe 1990-2000, Home Office Research Study 259, Home Office Research, Development and Statistics Directorate, June 2003 Migration to the UK rises, News Release, 20 October 2005, London: National Statistics points system, March 2006 retrieved on 14 April 2006 from http://www.workpermit.com/news/2006_03_07/uk/government_reveals_immigration_points_system.htm Selective Admission: Making Migration Work for Britain retrieved on 14 April 2006 from http://www.homeoffice.gov.uk/documents/238408/cons-selective-admission-190705.uk/ind/en/home/news/press_releases/immigration__asylum.html accessed on 14 April 2006 VIII. Bibliography Cohen, Steve 2003: No One Is Illegal. Asylum and Immigration Control, Past and Present, Stoke-on-Trent: Trentham Books. Hansen, Randall 2000: Citizenship and Immigration in Post-war Britain. The Institutional Origins of a Multicultural Nation, Oxford: Oxford University Press Immigration, Asylum and Nationality Bill retrieved on 14 April 2006 from http://www.publications.parliament.uk/pa/ld200506/ldbills/074/2006074.pdf Jordan, Bill, Strath, Bo and Triandafyllidou, Anna 2003: “Contextualising Immigration Policy Implementation in Europe”, Journal of Ethnic and Migration Studies, 29(2) Layton-Henry 1994: “Britain: The Would-Be Zero Immigration Country”, in: Cornelius, Wayne, Martin, Philip and Hollifield, James (eds.): Controlling Immigration: A Global Perspective, Standford (CA): Stanford University Press.UK population growth 1750-2005, http://www.optimumpopulation.org/opt.more.ukpoptable.html Mary-Anne Kate: 2005, NEW ISSUES IN REFUGEE RESEARCH Working Paper No. 114 The provision of protection to asylum-seekers in destination countries, Evaluation and Policy Analysis Unit United Nations High Commissioner for Refugees, UNHCR The UK Gets Tough on Terrorism, Three New Bills Become Law retrieved on 14 April 2006 from http://www.britainusa.com/sections/articles_show_nt1.asp?a=41587&i=41072&L1=41012&L2=41072&d=-1 Migration and population growth retrieved on 14 April 2006 from http://www.gad.gov.uk/population/2004/methodology/mignote.htm Highly Skilled Migrant Programme retrieved on 14 April 2006 from http://www.workpermit.com/uk/highly_skilled_migrant_program.htm Average annual international migration1: by main reason for migration, 1991-1995 and 1996- 2000 retrieved on 14 April 2006 from http://www.statistics.gov.uk/StatBase/Expodata/Spreadsheets/D4960.xls http://www.ind.homeoffice.gov.uk/ind/en/home/news/press_releases/immigration__asylum.html Brinkmann, Gisbert 2004: “The Immigration and Asylum Agenda”, European Law Journal, 10(2): 182-199 Zetter et al, An assessment of the impact of asylum policies in Europe 1990-2000, Home Office Research Study 259, Home Office Research, Development and Statistics Directorate, June 2003 Migration to the UK rises, News Release, 20 October 2005, London: National Statistics Read More