CABINET OFFICE. Crown and External Relations Passport, Immigration and Nationality Services. Annual Report. April March 2015

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1 GD 2015/0053 CABINET OFFICE Crown and External Relations Passport, Immigration and Nationality Services Annual Report April March 2015 THIS DOCUMENT GIVES GENERAL GUIDANCE ONLY AND SHOULD NOT BE TREATED AS A COMPLETE AND AUTHORITATIVE STATEMENT OF THE LAW CONTENTS

2 Section Subject Page No 1 Introduction to the Passport, Immigration and Nationality Annual Report 3 2 Demographic context 3 3 Immigration Services Data on immigration Performance Immigration control Pre-entry controls Entry Clearance On-entry controls After-entry controls Indefinite Leave to Remain Enforcement Immigration Appeals 4 Points Based System Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 5 Nationality Services Forms of nationality Types of applications The good character requirement Unsuccessful applications Citizenship ceremonies Nationality Statistics Performance The Knowledge of Language and Life Requirement 12 7 Passports Service Passport Statistics Performance 8 Appendices A - Visa Requirements for the United Kingdom B - Legal Framework for Immigration C - The Common Travel Area D - European Union Nationals E - Immigration Categories Leading to Settlement INTRODUCTION TO THE PASSPORT, IMMIGRATION AND NATIONALITY ANNUAL REPORT 2

3 This report provides information concerning the passport, immigration and nationality services provided by Crown and External Relations, Cabinet Office. It includes detailed information on immigration into the Isle of Man of migrants from outside the United Kingdom and the European Economic Area (EEA), persons seeking to be naturalised as British Citizens within the Isle of Man, and data on the provision of British passports. 2 - DEMOGRAPHIC CONTEXT At the time of the 2006 census, the number of people born outside the British Isles was 6.2%, which by the 2011 interim census had risen to 7.5%. The 2011 census showed that 4,317 people resident on the Island had been born outside the European Union. Many of these individuals will however have been resident in the Isle of Man or the United Kingdom for many years and will either have been granted or be eligible for British Citizenship. This figure will also include British Citizens born outside the European Union. The next Isle of Man census is to take place in IMMIGRATION SERVICE The Immigration Service manages visa applications from people seeking to come to the Isle of Man or to vary their leave to remain in the Island, from countries outside the European Economic Area, (Appendix A refers to visa requirements). Foreign nationals, also referred to as non EEA nationals are admitted to the Island if they comply with the requirements of the immigration rules (Appendix B refers to the legal framework for immigration). For those who comply with the requirements, they are free to come to the Island under the same conditions as those that are granted admission by the United Kingdom. In this report, the term foreign national refers to persons from countries outside of the EEA. Council of Ministers has the responsibility for making the Isle of Man Immigration Rules for regulating the entry into and the stay of persons in the Isle of Man, as contained within the statement laid before Tynwald on 17 May 2005, as amended. They are based on and generally similar to the United Kingdom s immigration rules, but with certain exceptions. The powers conferred on the Lieutenant Governor of the Isle of Man by the Immigration Act 1971 (as extended to the Isle of Man), the British Nationality Act and by all other enabling powers are delegated in the form of a Schedule of Delegated Authority. The Isle of Man has its own immigration rules (latest version 10 November 2014). Whilst the Isle of Man has its own immigration rules, the United Kingdom represents the Isle of Man s interest in Diplomatic and Foreign Affairs. British Embassies overseas will accept and process visa applications for the Isle of Man and other Crown Dependencies, referring the applications to the Islands immigration service for approval or refusal. Applications for entry clearance to the Isle of Man and other Crown Dependencies are completed on United Kingdom forms. There is a link on the Isle of Man immigration website for those persons interested in the Isle of Man to check if they need a visa Visa requirements for the Isle of Man are identical to those of the United Kingdom. Data on Immigration 3

4 The immigration service has a computerised system for recording immigration cases. However, it is important to note that because of the integration of United Kingdom and Isle of Man immigration law, the figures obtained locally are not necessarily a true reflection of the numbers and types of foreign nationals living, working or studying on the Isle of Man. Some foreign nationals in the Island will have secured entry clearance to the United Kingdom and then travelled from the United Kingdom to the Isle of Man with valid leave to enter and vice versa. Most foreign nationals who follow this route into the Island will not be entitled to take up employment opportunities without permission from the Employment and Skills Group, Department of Economic Development (DED). Similarly, persons who are not visa nationals ("persons who do not require a visit visa prior to travelling") will have been granted leave to enter at their United Kingdom port of entry and will be entitled to legitimately travel to the Isle of Man. Nonetheless, the data provided in this report gives a good indication of the main types of immigration category dealt with in the Isle of Man. Immigration Figures The table below provides details of the total number of immigration applications dealt with by the immigration service, from first application to indefinite leave to remain, for the past five years. Category 2010/ / / / /2015 New Applicants Variation of Leave Indefinite Leave to Remain Total Applications Immigration Control There are 4 main stages to the process of immigration control, namely:- Pre-entry On-entry After-entry Enforcement Pre-entry/Entry Clearance is necessary for visa nationals and for all categories where the applicant is seeking admission for over six months. Persons seeking entry clearance for the United Kingdom or Islands must complete their visa application on-line, in the same way as applicants wishing to visit the UK. Visas are issued by the British Embassy or Consulate posts. Foreign nationals who are visa nationals or who are seeking admission for more than six months MUST have a valid visa to allow them to travel and enter the UK, Appendix C refers. There are a number of grounds on which entry clearance or leave to enter the Isle of Man should normally be refused, one such ground is where one or more relevant National Health Service (NHS) body has notified the Lieutenant Governor that the person seeking entry or leave to enter has failed to pay a charge or charges with a total value of at least 1,000 in accordance with the relevant NHS regulations and charges to overseas visitors. 4

5 The number of applications for entry clearance referred by posts abroad for decision by the Isle of Man varies each year. While there are figures available for the number and types of entry clearance granted by the Isle of Man, there are no figures available for those individuals in the Island who have been granted entry clearance through the United Kingdom, as there is no border control between the Isle of Man and the United Kingdom, where arrivals can be monitored. As noted above, entry clearance is the process by which new applicants seek to enter the Isle of Man; these can include individuals who have never been to the Island before, or those who have been to the Island in the past and are making a fresh visa application to return again e.g. visitors. The table below provides details of entry clearance applications for the past four years, broken down further by category of applicant. Category 2011/ / / /2015 Business Visitors Dependants Spouses Visitors Child and Sports Visitors (CYG) Work Permit Policy PBS Tier PBS Tier PBS Tier 4 (Students) PBS Tier 5 (Temp & Youth Mobility) PBS Spouse/Partner PBS Child Other (including Seafarers, Domestic Workers, Fiancé(e)s, United Kingdom Ancestry, EEA Family Member etc. Total Of which refused On-entry Controls On-entry/Leave to Enter controls exist at ports and airports for all passengers who:- need to show they have Right of Abode; are a returning resident; are a non-visa national seeking leave to enter for less than six months or; have the correct entry clearance. The Immigration Service provides On-entry border control at Isle of Man Airport for over 45 flights arriving from outside the Common Travel Area (see Appendix D). Whilst the majority of passengers are returning holiday makers, these flights can and do contain passengers who are required to be landed by an immigration officer. After-entry Controls After-entry/Leave to Remain controls exist for all foreign nationals seeking to extend/further leave to remain, or vary their conditions of stay. This would include extending the duration of leave, or transferring from one immigration category to another if eligible. A Tier 1 Investor who is in the Isle of Man with a valid visa can make an application to the Isle of Man Immigration Office for consideration and decision. The main categories for the past four years are detailed in the table below. 5

6 Category 2011/ / / /2015 Dependants EEA Family Member No Time Limit Overseas Domestic Worker Spouses Tier 1 (Investor) Tier 1 (Entrepreneur) Tier 1 (General) Tier 1 (Post Study Work) Tier Tier Tier PBS Spouse/Partner PBS Child United Kingdom Ancestry Other including: Visitors Other Settlement Total Indefinite Leave to Remain Indefinite leave to remain (ILR) confers, as the name suggests, permission for a foreign national to settle in the Island and indeed the United Kingdom, without a time restriction. Immigration visa categories leading to settlement can be found in Appendix E. It is the first stage towards obtaining naturalisation or registration as a British Citizen, though there is no requirement to apply for British citizenship if that person does not wish to. Anyone applying for ILR must, in addition to meeting all the requirements under the particular category in which they apply, also demonstrate their Knowledge of life and language in the United Kingdom and Islands. This is done in 2 parts, namely:- 1. Pass a speaking and listening test in English at level B1 of CEFR (Common European Framework of Reference for languages), or hold and equivalent recognised qualification and; 2. Pass the Knowledge of Life in the United Kingdom test. There is no provision for automatically granting indefinite leave to remain in the Island. The individual must apply for indefinite leave to remain and then meet the requirements of the particular category under which they are applying. The table below provides details of indefinite leave to remain applications over the past four years. 2011/ / / / Claiming Benefits 6

7 All new residents to the Isle of Man, regardless of whether they are subject to immigration control, are not automatically entitled to claim benefits from the Island s Social Security system. Under Isle of Man Social Security legislation, an individual must have either made the appropriate National Insurance Contributions or fulfil a five year residential qualification in order to qualify for benefit. When individuals attempt to make claims, the Department of Health and Social Care (DHSC) usually seeks clarification from the Immigration Service before determining claims. If it became apparent that a person subject to immigration control was claiming benefits to which they were not entitled, they would be in breach of their immigration conditions and therefore may be liable to removal. Enforcement The term enforcement relates to immigration controls exercised on foreign nationals who breach their conditions of stay or to restrictions of entry into the Isle of Man. The vast majority of foreign nationals are on the Island legally; nevertheless the number of foreign nationals and indeed EU nationals coming to the Isle of Man has served to heighten the level of awareness in the Island of immigration matters. Though beneficial overall, the Common Travel Area (CTA) can expose the Island to vulnerabilities from illegal immigration, illegal working and individuals over-staying their permitted leave. This is because there are no immigration controls on people arriving into the Isle of Man from the United Kingdom and Republic of Ireland. There are a number of ways in which the Immigration Service will be aware of persons who may be subject to enforcement decisions. 1. Immigration officers may themselves curtail the leave of a person subject to immigration control, because, for example, they have breached their conditions e.g. working when not permitted to. 2. Information on persons suspected of breaching immigration requirements may also be provided to the immigration service by members of the public. Any intelligence on suspected illegal immigration activity has to meet certain standards or threshold tests before any action can be taken, enforcement activities against individuals or employers should not be undertaken unless there is reliable information available. The table below provides details of the numbers of immigration offenders identified by the Immigration Service. Category 2011/ / / /2015 Illegal Immigrant S10 Offenders Curtailment Refused Leave to Enter Deportation Voluntary Departure Total Illegal Immigrants 7

8 An illegal immigrant is defined as a person unlawfully entering the country, or seeking to enter in breach of a deportation order. A person entering or seeking to enter by means of deception is also classed as an illegal immigrant. The immigration service will seek to remove an illegal immigrant back to their home country. The powers to remove illegal entrants are found in paragraph 9 of schedule 2 to the Immigration Act 1971 as extended to the Isle of Man; these powers enable an immigration officer to give any authorised directions for removal. Schedule 10 Removal Paragraph 10 of schedule 2 to the Immigration Act 1971 allows for the removal of persons who had, or have, valid leave to be in the Isle of Man but breached the conditions of that leave by overstaying or working when they had no right to do so. Previously, these people would have been deported but now they are liable for removal back to their own country. Curtailment A person s leave to enter or remain in the country may be curtailed if they cease to meet the requirements of the rules under which their leave to enter or remain was granted. Refused Leave to Enter If a foreign national attempts to enter the country at the border and is subject to immigration restrictions and they fail to satisfy the immigration requirements, they may be refused leave to enter and sent back to the country from where they came. Voluntary Departure An individual maybe located in the country illegally; the person will be assessed and given the option to leave the country voluntarily. The cost of this departure will be met by the individual who is escorted to the airport for onward travel to their home country. There must be documentary evidence of onward travel by way of flight tickets. Deportation Where a person is liable for deportation the Lieutenant Governor may make a deportation order against them. This is an order requiring the individual to leave the Isle of Man and United Kingdom. The order prohibits the person from entering the Isle of Man or United Kingdom. Deportation may be recommended to the Lieutenant Governor by a court, where a person subject to immigration has committed serious criminal offences. Deportation is a serious matter and any person subject to a deportation order will find their ability to obtain a visa in the future severely affected. Immigration Appeals The immigration service carefully considers all applications against the requirements detailed within the immigration rules. The circumstances and rights of individuals and families must be balanced against the need to retain an effective immigration control and to treat each application in a consistent, fair and lawful manner. When an applicant disagrees with the decision of the immigration service, there may be a right of appeal. This can be an appeal against a refusal of entry clearance from outside the country, or appeals in-country against a variation of leave (known as curtailment), or a refusal to vary leave (to change a category or extend leave or for indefinite leave to remain). 8

9 An individual who wishes to appeal against refusal of entry clearance has 28 days to submit an appeal against the decision, from the date the refusal is served on them. An individual who wishes to appeal against a variation of leave or a refusal to vary leave has 10 days from the date it is served on them. Once an appeal is received, it is submitted to an independent Appeals Adjudicator, who will determine the case either through a hearing, or based on consideration of the papers submitted, depending upon which the appellant has requested. Details on the process for appeals can be found on the Isle of Man Government website at The table below provides details of the numbers of immigration appeals received over the last three years. Appeals 2011/ / / /2015 Submitted Appeals Allowed Appeals Dismissed POINT BASED SYSTEM / TIERS There was a two phased approach to the introduction of the Points Based System (PBS); Tiers 1 and 4 were introduced in the Isle of Man in December 2009 and Tiers 2 and 5 were introduced in July The Points Based System (PBS) only applies to foreign nationals coming for employment purposes. The benefit of introducing PBS is the structured decision-making, based on points. The system is more transparent and streamlined, delivering greater efficiency in decision-making. The system balances objectivity against the need to be robust against abuse. This is achievable by the applicant claiming points for certain factors such as qualifications, salary, and providing evidence to support the points claimed. This information is then assessed by the decision-maker in a structured fashion; ensuring consistency is given to each application. For each Tier, applicants need sufficient points to obtain entry clearance or leave to remain in the Isle of Man. Points are awarded according to criteria such as qualifications, and for Tier 2, whether their skills match occupations at a certain level, currently NQF level 6 (degree level), or occupations on the shortage occupation list. In order to act as a sponsor an employer has to apply for a Sponsorship Licence from the Employment and Skills Group, Department of Economic Development and an educational establishment has to apply for a licence from the Immigration Service, Crown and External Relations, Cabinet Office. Once a Sponsor Licence is approved the sponsor is entered onto the register of sponsors. In the case of Tier 2, the employer can then issue a Certificate of Sponsorship (CoS - a unique reference number) which will include the job title and salary and which the migrant uses when applying to come to the Isle of Man to work. In the same way an educational establishment can issue a Confirmation of Acceptance for studies. Only registered employers can sponsor migrants; The duties of a sponsor include record keeping, reporting, compliance and co-operating with immigration authorities; and A sponsor can be removed from the register under certain circumstances e.g. employment of illegal immigrants; failure to notify the authorities where workers disappear. There are similar requirements for educational sponsors. 9

10 Points Based System Tiers consists of a five tier framework:- Tier 1 (General) Migrants -This route is for the most talented highly skilled people with the skills the Isle of Man needs, who wish to work or become self-employed in the Isle of Man. This route is now closed to new applicants because of the levels of abuse, i.e. working in low paid, low skilled occupations, particularly in the United Kingdom. (Entrepreneur) Migrants -This route is for those who wish to establish, join or take over one or more businesses in the Isle of Man. (Investor) Migrants -This route is for high net worth individuals making a substantial financial investment to the Isle of Man. (Graduate Entrepreneur) Migrants - This route is for graduates who have been identified by Higher Education Institutions as having developed world class innovative ideas or entrepreneurial skills to extend their stay in the Isle of Man after graduation to establish one or more businesses in the Isle of Man). Tier 2 (Intra-Company Transfer) Migrants This route enables multinational employers to transfer their existing employees from outside the EEA to their Isle of Man branch for training purposes or to fill a specific vacancy that cannot be filled by a Manx, British or EEA worker. There are four sub-categories in this route: Short Term Staff, Long Term Staff, Graduate Trainee and Skills Transfer. (General) Migrants, Tier 2 (Minister of Religion) Migrants and Tier 2 (Sportsperson) Migrants This route enables Isle of Man employers to recruit workers from outside the EEA to fill a particular vacancy that cannot be filled by a British or EEA worker. All applicants in Tiers 2 need to provide a CoS from an approved sponsor which acts as an assurance that the migrant is able to do a particular job. Tier 2 replaced the Overseas Labour Scheme, (which will expire on or before August 2014 at the latest). The Employment and Skills Group, Department of Economic Development determines whether there is a need for foreign nationals to be admitted for skilled or shortage employment purposes. The Employment and Skills Group issues the PBS Sponsorship Licences and CoS to employers and to foreign nationals. Tier 3 - Closed The Tier 3 route was for low skilled workers but was closed because there should be sufficient EEA nationals to perform these roles or that appropriate training and development courses should be provided to ensure that those not subject to immigration control can fill these vacancies. If the Isle of Man chose to seek to admit entrants in this capacity, it would cause difficulties as their entry clearance gains them admission to the United Kingdom. Tier 4 General Student This route is for migrants aged 16 or over who wish to study in the Isle of Man. Child Student This route is for children at least 4 years old and under the age of 18 who wish to be educated in the Isle of Man. 10

11 There are foreign students who attend the Isle of Man College or King William s College. The requirements for their admission and their conditions relating to employment have historically followed those applicable to foreign students in the United Kingdom. Applicants in Tiers 4 need to provide a Confirmation of Acceptance (CoA) from an approved sponsor which acts as an assurance that the migrant is able to do a particular course of study. The immigration service, Crown and External Relations, Cabinet Office and the Employment and Skills Group, Department of Economic Development introduced a scheme to regulate the employment of students whereby they are required to have an official document issued by the Employment and Skills Group, Department of Economic Development before starting work. This was contrary to the situation in the United Kingdom but was introduced as a monitoring tool to seek to avoid the situation of students enrolling on courses but working for more than the 20 hours per week which was allowed. Tier 5 Youth Mobility Scheme Temporary Migrants -This route is for sponsored young people from participating countries and territories who wish to live and work temporarily in the Isle of Man. Temporary Worker Migrants - This route is for certain types of temporary worker whose entry helps to satisfy cultural, charitable, religious or international objectives, including volunteering and job shadowing. All applicants in Tiers 5 need to provide a Certificate of Sponsorship (CoS) from an approved sponsor who acts as an assurance that the migrant is able to do a particular job. 5 - NATIONALITY SERVICE Becoming a British Citizen is a significant life event. For an application to succeed applicants must show that they satisfy a number of requirements as set out in British Nationality Act The Isle of Man (and the Channel Islands) form part of the United Kingdom under the British Nationality Act British nationality is complicated and is defined in law. Whether a person has a claim to British nationality can be determined by applying the definitions and requirements of the British Nationality Act 1981 and related legislation to the facts of their date and place of birth and descent. Types of applications The section of the British Nationality Act 1981 that an applicant applies for British Citizenship under depends on their circumstances such as age, residency, parents nationality or current nationality. Applicants wishing to be naturalised or registered as a British Citizen, should read the various guides and booklets available to them as they need to demonstrate that they satisfy the appropriate requirements as set out in British Nationality law. When content that they meet the requirements, applicants should bring their fully completed application along with all appropriate supporting documentation and the relevant fee, to the Nationality Service, Government Buildings, Bucks Road, Douglas. Each application is subject to a range of background checks in in order to establish their eligibility for British Citizenship. Full information can be found Citizenship Ceremonies 11

12 Where an application receives approval from the Lieutenant Governor, the successful applicant will be invited to attend a citizenship ceremony, where applicants will either swear or affirm an oath of allegiance to Her Majesty the Queen and pledge loyalty to the United Kingdom. Unusually, the Isle of Man (and the Channel Islands), form part of the United Kingdom in this instance, under the British Nationality Act 1981, for the purpose of naturalisation. Making the Oath or Affirmation and Pledge at a citizenship ceremony is a legal requirement and signifies the point at which an applicant becomes a British Citizen. The ceremonies in the Isle of Man are administered by the nationality service on behalf of the Lieutenant Governor and are held in the Barool Suite in the Tynwald Chambers. Unsuccessful applications Where an application is unsuccessful, the applicant is sent a written explanation setting out the reasons why. There is no legal right of appeal against the decision to refuse an application. However, where an applicant can show that we have not applied the correct Nationality Law or current Home Office policy to our decision then they can request in writing for the decision to be reconsidered. Nationality Statistics The table below provides details of the numbers of naturalisation and registration applications received over the last five years. Month April May June July August September October November December January February March Total TOTAL REFUSALS PASSPORT SERVICE 12

13 With the requirement for passports to be more secure in terms of ability for counterfeit, Council of Ministers agreed policy to implement the provision for the Central Personalisation of the Island variant British passport at a secure facility in the United Kingdom. This was implemented during this reporting period and went live in March Whilst the Isle of Man variant British passport is printed at a secure facility in the United Kingdom, the policy makes provision for the Isle of Man passport office to continue to accept and process passport applications, make the decision to issue or not, a variant passport, and retain its issuing authority status as the Isle of Man. This means that people of the Isle of Man will benefit from the latest generation of secure British passport. This policy also provides for the passport office to accept, process and make the decision to issue or not, an emergency 12 month validity Isle of Man variant British passport. Passports can be renewed at any time before their due expiry date with a maximum of nine month unused validity being able to be carried forward onto a new passport. Many countries require that there is at least six months remaining on a passport before it expires, otherwise an individual may be refused entry to that country at their border control. It is therefore in a customer's best interests to check their passports to ensure they will have sufficient validity remaining to be acceptable to the country to which they are travelling. Where a new passport is needed this should be obtained prior to booking and paying for any travel Every effort is made by the Passport Service to issue passports as quickly as possible, however at peak times (February and September) waiting times extend beyond 35 days for the standard service. A 5 day express service is available at extra cost for those persons needing to use it. The Passport Service can also issue an emergency passport (subject to approval) however this passport has a maximum of 12 months validity, meaning the applicant will not only need to pay a premium for the emergency passport service, they will if there is still a requirement for a 10 year passport, have to apply for this separately and pay the fee appropriate at that time. The processing of the 5 day express and emergency passports take priority over standard applications which inevitably increases the time it takes the passport office to process standard applications. Passport applications received Month April May June July August September October November December January February March Total for the year

14 8 - APPENDICES A - Visa Requirements for the United Kingdom B - Legal Framework for Immigration C - The Common Travel Area D - European Union Nationals E - Immigration Categories Leading to Settlement 14

15 Appendix A VISA REQUIREMENTS FOR THE UNITED KINGDOM 1. Subject to paragraph 2 below, the following persons need a visa for the Isle of Man. These people are classed as "Visa Nationals" within the context of the report. - (a) Nationals or citizens of the following countries or territorial entities: Afghanistan Albania Algeria Angola Armenia Azerbaijan Bahrain Bangladesh Belarus Benin Bhutan Bolivia Bosnia Herzegovina Burkina Faso Burma Burundi Cambodia Cameroon Cape Verde Central African Republic Chad People's Republic of China (except those referred to in sub-paragraphs 2(d) and (e) of this Appendix) Colombia Comoros Congo Cuba Democratic Republic of the Congo Djibouti Dominican Republic Ecuador Egypt Equatorial Guinea Eritrea Ethiopia Fiji Gabon Gambia Georgia Ghana Guinea Guinea Bissau Guyana Haiti India Indonesia Iran Iraq Ivory Coast Jamaica Jordan Kazakhstan Kenya Korea (North) Kuwait Kyrgyzstan Laos Lebanon Lesotho Liberia Libya Macedonia Madagascar Malawi Mali Mauritania Moldova Mongolia Morocco Mozambique Nepal Niger Nigeria Oman Pakistan Peru Philippines Qatar Russia Rwanda Sao Tome e Principe Saudi Arabia Senegal Sierra Leone Somalia South Africa Sri Lanka Sudan Surinam Swaziland Syria Taiwan (except those referred to in sub-paragraph 2(h) of this Appendix) Tajikistan Tanzania Thailand Togo Tunisia Turkey Turkmenistan Uganda Ukraine United Arab Emirates Uzbekistan Venezuela (except those referred to in sub-paragraph 2(i) of this Appendix) Vietnam Yemen Zambia Zimbabwe (b) The territories formerly comprising the socialist Federal Republic of Yugoslavia (c) Persons who hold passports or travel documents issued by the former Soviet Union or by the former Socialist Federal Republic of Yugoslavia. (d) Stateless persons. (e) Persons who hold non-national documents. 15

16 2. The following persons do not need a visa for the Isle of Man: (a) those who qualify for admission to the Isle of Man as returning residents in accordance with paragraph 18, (b) those who seek leave to enter the Isle of Man within the period of their earlier leave and for the same purpose as that for which that leave was granted, unless it (i) was for a period of 6 months or less, or (ii) was extended by statutory document or by section 3C of the Immigration Act 1971 (inserted by section 3 of the Immigration and Asylum Act 1999); (c) [DELETED] (d) those nationals or citizens of the People's Republic of China holding passports issued by Hong Kong Special Administrative Region, (e) those nationals or citizens of the People's Republic of China holding passports issued by Macao Special Administrative Region, (f) those who arrive in the Isle of Man with leave to enter which is in force but which was given before arrival, so long as those in question arrive within the period of their earlier leave and for the same purpose as that for which leave was granted, unless that leave (i)was for a period of 6 months or less, or (ii)was extended by statutory document or by section 3C of the Immigration Act 1971 (inserted by section 3 of the Immigration and Asylum Act 1999); (g) [NOT USED] (h) those nationals or citizens of Taiwan who hold a passport issued by Taiwan which includes the number of the identification card issued by the competent authority in Taiwan. (i) those nationals or citizens of Venezuela who hold a passport issued by the Republic of Venezuela which contains biometric information held in an electronic chip.

17 Appendix B THE LEGAL FRAMEWORK FOR IMMIGRATION For the purpose of immigration and nationality, United Kingdom law is integrated with the immigration law of the islands (defined as the Isle of Man and the Channel Islands). Schedule 4 of the Immigration Act 1971 provides reciprocity between the United Kingdom and the islands so that certain immigration conditions imposed on foreign nationals in one place are equally effective in the other. This includes the granting of leave to enter and to remain, deportation and provisions for illegal entrants. Foreign nationals residing legitimately in the United Kingdom are therefore free to move to the Island, though they remain subject to any conditions and restrictions imposed on their stay. The primary pieces of legislation governing immigration in the Isle of Man are the Immigration Act 1971, the Immigration Act 1988, the Asylum and Immigration Act 1996, the Immigration and Asylum Act 1999, the Nationality, Immigration and Asylum Act 2002, the Asylum and Immigration (Treatment of Claimants) Act 2004 and the Immigration, Asylum and Nationality Act 2006 (all of Parliament) as applied with modifications, by virtue of the Immigration (Isle of Man) Order The Immigration (Isle of Man) Order 2008 consolidated the provisions of current United Kingdom immigration law which were considered relevant to the Island and provided new powers for Immigration Officers to deal with offences such as harbouring and facilitating illegal entry. It did not fundamentally change immigration into the Isle of Man or its status within the CTA*. The United Kingdom has introduced further immigration legislation, namely the Borders Act 2007 and the Border, Citizenship and Immigration Act Provisions within these Acts are being considered and, if required, will be introduced in the Isle of Man. The Immigration Rules The immigration rules are effectively secondary legislation derived from the immigration acts. These rules lay down the practice to be followed in the administration of the acts, for regulating entry and stay in the Isle of Man of persons not having right of abode; that is they provide definition for the application of the law. For example, they describe the conditions that an applicant must meet to be granted entry clearance. The Lieutenant Governor has the ultimate power to exercise discretion, provided such discretion is exercised within the constraints of the Rules. The United Kingdom updates the Rules 3-4 times a year and to date the Isle of Man has applied these changes, if deemed appropriate, to the Island. Rule amendments are agreed by the Council of Ministers using powers set out in the Immigration (Isle of Man) Order Following Council of Ministers agreement, the changes come into effect immediately; however Rule changes are laid before the next available sitting of Tynwald and if there are any objections at that sitting or the next, the changes go back to the Council of Ministers for any amendments that are deemed appropriate.

18 Police Registration The nationals of certain countries are required to register with the Police upon arrival. They are required to advise the Police if they change address or if their immigration status changes. The Police registration scheme dates back to 1909 when Chief Constables were alerted to the threat of German espionage in the United Kingdom. In 1914, as a wartime measure, immigration controls were tightened to include a requirement for enemy aliens to register with the police. By 1918, all aliens were required to register and afterwards it was decided that up to date residential details of aliens should be kept during peace time. The registration scheme has been reviewed on a number of occasions and now only applies to the nationals of certain countries, as indicated. Under the revised Immigration Rules (which came into effect on 11 May 1998) nationals of the following countries who are aged 16 and over and who are being admitted for more than six months (included those being admitted for employment) should be required to register with the police, unless they are seeking entry in one of the categories listed below: Afghanistan Cuba Libya Syria Algeria Egypt Moldova Tajikistan Argentina Georgia Morocco Tunisia Armenia Iran North Korea Turkey Azerbaijan Iraq Oman Turkmenistan Bahrain Israel Palestine United Arab Emirates Belarus Jordan Peru Ukraine Bolivia Kazakhstan Qatar Uzbekistan Brazil Kirgizstan Russia Yemen China Kuwait Saudi Arabia Colombia Lebanon Sudan The following categories of people are exempt from the requirement to register regardless of their country of origin: those granted indefinite leave to enter or remain; Ministers of religion, missionaries and members of religious orders; private servants to staff of diplomatic missions; seasonal agricultural workers; spouses of people settled here who are granted leave to enter or remain on that basis; family members of EEA nationals; dependants of those not required to register (including dependants of EEA nationals) except the dependants of offshore workers; members of non-nato forces admitted for courses at British military establishments or with private companies; Community service volunteers; civilian components of NATO forces; non-visa nationals who are employees of contractors to US Armed Forces in the United Kingdom; and non-visa nationals who are employees of the American Battle Monume.

19 Appendix C EUROPEAN UNION NATIONALS Although the Isle of Man is not a part of the European Union (EU) or European Economic Area (EEA) it does have certain obligations under section 7(1) of the Immigration Act Broadly speaking the EEA unites the 28 EU and 3 EEA member states into an internal market. Citizens of all 30 countries have a right of free movement throughout the EEA including the right of admission to live, study, work, invest and set up business, providing they, like British citizens, obtain the necessary work permits where required and are not excluded on grounds of public policy, public security or public health, (public policy prohibits EU and EEA nationals from becoming a burden on public funds). Switzerland is not part of the EU/EEA but has since June 2002, enjoyed freedom of movement within the EEA as a concession. Swiss nationals are treated in the same way as EEA nationals for immigration purposes. Countries included are: Austria Greece Netherlands Belgium Hungary Norway Bulgaria Iceland Poland Croatia Ireland Portugal Cyprus Italy Romania Czech Republic Latvia Slovakia Denmark Liechtenstein Slovenia Estonia Lithuania Spain Finland Luxembourg Sweden France Malta United Kingdom (UK) Germany Article 299(6) (c) of the Treaty establishing the European Community ( the EC Treaty ) provides that: this Treaty shall apply to the Channel Islands and the Isle of Man only to the extent necessary to ensure the implementation of the arrangements for those islands set out in the Treaty concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community signed on 22 January The Isle of Man s treatment of EU nationals is determined by Article 4 of Protocol 3 to the Treaty, which provides that the Island s authorities shall apply the same treatment to all natural and legal persons of the Community. This means that the Isle of Man Government must treat people from all the Member States in the same way. The Island cannot give more favourable or different treatment to people from certain EU countries such as perhaps the United Kingdom or Ireland. EEA nationals exercising a Treaty right are not subject to immigration control and can, after 5 years in the Isle of Man, apply for settlement status if they wish to; however the United Kingdom does not recognise time spent in the Isle of Man (or the Channel Islands) as counting towards settled status in the United Kingdom, because the Isle of Man is not in the EU. Non EU nationals who are family members of EU nationals Non EU nationals who are family members of EU nationals have the same rights as the EU national and are not subject to immigration control. Some may apply formally to enter the United Kingdom or Isle of Man as a family member of an EEA national, but if they don t follow this procedure and can prove they are a family member then the EU legislation overrides immigration legislation in this instance.

20 EU nationals wishing to work in the Isle of Man As indicated previously, any EU/EEA national must have a work permit under the Control of Employment Act (CEA). Provided that the Island treats all EU nationals (including people from the United Kingdom) in the same way it can, for example, restrict (or indeed bar) those persons from entering into employment on the Island, restrict their access to benefits, or restrict their ability to purchase property or land and reside in the Island. It is for this reason that the Isle of Man can operate its control of employment; the Island must, of course, still comply with international treaty obligations that it has accepted in relation to, amongst other things, human rights, prevention of discrimination and in relation to the treatment of refugees.

21 Appendix D THE COMMON TRAVEL AREA The Immigration Act 1971, Section 1(3) refers to the Common Travel Area (CTA). The CTA consists of the United Kingdom, Republic of Ireland (ROI), the Channel Islands and the Isle of Man. A person accepted for entry at any point in the CTA does not normally require leave to enter any other part of it. There are exceptions for certain persons entering through the Republic of Ireland, which is of course not covered by the provisions of the Immigration Act 1971, Schedule 4. Foreign nationals arriving from the Republic of Ireland are not examined by Immigration Officers at point of entry but are, by virtue of the Republic of Ireland Order, granted deemed leave to enter for a specified period, which varies according to their individual immigration status. History of the Common Travel Area The CTA* emerged during the 1920s when special legislative provision for the Islands and the Republic of Ireland was made in the Aliens Order of 1919, 1920 and These Aliens Orders provided firstly, that the Isle of Man and subsequently the Channel Islands should not be deemed to be outside the United Kingdom. In 1923 the Irish Free State was established with no immigration controls for passengers travelling between it and the United Kingdom; and the Irish Free State was thus put on the same basis as the Islands in this respect. Further provisions were made in the Aliens Order of 1925 and 1931 to deal with specific problems which had arisen from the abuse of these control arrangements by aliens. In 1939, with the outbreak of war and in view of Irish neutrality, the pressure of enemy missions in Dublin and the need to control the movement of Irish labour, controls were re-imposed between Eire and the United Kingdom, in accordance with Defence Regulation 18. At the same time Prevention of Violence legislation was introduced making it possible for the Home Secretary to impose Orders banning the entry of particular Irish citizens to the United Kingdom. The Orders made in 1939 continued in force after the lifting of immigration restrictions in In 1946, Eire abandoned the direct control over the entry of aliens from Northern Ireland and Great Britain, and in 1947 the United Kingdom abandoned controls on the movement of Irish labour. At the end of 1947 Defence Regulation 18 expired with the effect that control of passenger traffic between Great Britain and Northern Ireland and Ireland rested solely on the provisions of the Aliens Order By 1948 pressure was growing within the United Kingdom for the abolition of all control on travel between the two countries. Negotiations were finally opened in 1952 on a United Kingdom initiative following the recommendation of the Home Affairs Committee that controls should be lifted. The Irish agreed to take part on the understanding that any new Agreement was concerned solely with immigration, not wider security issues. United Kingdom officials found Irish policy and practice to be sufficiently similar and the Irish were willing to accept the new conditions for the operation of the revised CTA*. The new agreement was embodied in the 1952 Aliens Order and incorporated in the consolidated Aliens Order of The Aliens Order 1946 exempted aliens travelling from the Channel Islands to the United Kingdom from control, but it was the Aliens Order 1953 which first made more detailed provision for the CTA* as a whole, and introduced the use of that term. It was only in the Immigration Act 1971, that the CTA* was put on a full statutory basis for the first time. The Common Travel Area Today In recent years, the sharp increase in immigration into the British Isles, together with growing concerns regarding cross-border organised crime and terrorism, has led the United Kingdom to

22 undertake a revision of its border policies, including the way in which the CTA operates. It has become clear that routes across the CTA, between the United Kingdom and ROI are used for illegal entry, for example where individuals have been refused visas for one country within the CTA, they may seek to enter via another. The United Kingdom has announced plans to tighten CTA controls, using a similar approach to the ROI, whereby freedom of movement is specifically intended for CTA nationals. Whilst there may be changes to the CTA, the exact nature of these changes remains under development; nevertheless the United Kingdom and the ROI have reaffirmed their future commitment to the principles of the CTA. Appendix E IMMIGRATION CATEGORIES LEADING TO SETTLEMENT The following Immigration categories relate to foreign nationals granted leave to enter/remain in categories which can lead to settlement. Work Permit Employment Tier 1 Migrants Tier 2 (General) United Kingdom Ancestry Spouses/Fiancés Family Members Other Categories There are a number of immigration categories which have been superseded by the Points Based System but which afford rights to settlement to those persons still in the Isle of Man in one of the categories, usually after a period of 5 years continuously spent in the Isle of Man, and these are as follows:- as a businessman or a self-employed person; investor; writer, composer or artist; retired person of independent means The following immigration categories relate to foreign nationals granted leave to enter or remain in the Isle of Man in a category that does not lead to settlement. Visitors Students Tier 5 (Youth Mobility) Training and Work Experience Scheme Tier 2 (ICT) Tier 4 Students For further details on all of the above categories, the up to date Immigration Rules and associated immigration legislation are available online at