THE ORGANISATION OF ASYLUM AND MIGRATION POLICIES IN THE UK, 2011

Transcription

1 THE ORGANISATION OF ASYLUM AND MIGRATION POLICIES IN THE UK, 2011 Linda Rice and Tim Angus Migration and Border Analysis, Home Office Science

2 Contents 1. Introduction Purpose Methodology Organisation of the political, legislative and institutional framework in the UK Leading ministries, institutions and agencies for asylum and migration policies Supporting ministries, institutions and agencies for asylum and migration policies...11 Independent scrutiny...11 Appeals...11 Voluntary returns...11 The welfare of children and families...11 Police operations Other stakeholders asylum and migration policies...12 Policy making...12 Asylum policy Overview of the legal framework Development of asylum and migration systems in the UK Migration to 2000: Commonwealth and European immigration flows to 2007: Managed migration policy : Accession of A8 countries : Accession of A2 countries : Points-Based System : Sustainable migration...16 Net migration...16 Work, study and family routes...17 Study...18 Work...18 Family routes Asylum to to Future developments Entry procedures migration Pre-departure provision of information on immigration Visa assessments Other pre-departure measures Border control Other measures to detect illegal entry...24

3 5. Entry procedures asylum Provision of information on the asylum procedure at the border Lodging and registering an asylum claim and screening...25 Third country cases...25 Potential non-suspensive appeal...26 Detained fast track...26 General process Family applications Screening arrangements for unaccompanied minors General assessment process The asylum interview Interpreters Publically funded legal representation for asylum screening application preparation and interview Asylum support Refugees in the Gateway Protection Programme Admission conditions migration Visitors Work and study routes the Points-Based System Worker-based immigration categories outside the Points-Based System Family migration routes Families of British citizens and settled persons Family members of migrant workers and students Visitors coming to get married/register a civil partnership Other migration categories European Economic Area family permits UK ancestry Returning residents Admission conditions asylum Grants of asylum Grants of humanitarian protection and Discretionary Leave...40 Humanitarian protection...41 Discretionary Leave Family reunion for asylum seekers Appeals and legal assistance migration and asylum Rights of appeal for visa cases Rights of appeal for asylum cases The appeals process Legal representation migration and asylum...44

4 9. Visa extensions and in-country switching between immigration categories Visitors Points-Based System Non-Points-Based System worker visa categories Family routes Biometric residence permits Settlement and citizenship Settlement for migrants Citizenship Integration Access to the labour market migration The Points-Based System Dependants The Migration Advisory Committee Preventing irregular employment of third country nationals Access to the labour market asylum Voluntary returns Assisted Voluntary Return schemes Integration assistance for each return scheme Re-entry following voluntary departure Facilitated Return Scheme Enforced returns Administrative removal Family return process Re-entry following administrative removal Deportation Non-European Economic Area foreign national offenders The deportation process Re-entry following deportation Links with other policy areas Analysis of recent migration and asylum policy developments Work routes Student routes (Points-Based System Tier 4) Ending detention of children Integration Asylum Recent institutional changes...69

5 18. Future policy changes e-borders and exit checks Online verification of Biometric Residence Permits Consultations The impact of EU acquis on the organisation and implementation of asylum and migration policies in the UK Schengen EU border measures with a security dimension e-borders Impact of free movement Measures to tackle irregular migration EU case law...74 References...75 Annex 1 A summary of current UK migration and asylum legislation...81 Annex Commonwealth countries...83 Annex 3 Nationals requiring a visa for entry to the UK, as listed in the Immigration Rules...84 Annex 4 Instructions to caseowners for information to be sent to adult applicants in lieu of first reporting event...86 Annex 5 Tier 5 temporary workers...87 Annex 6 Worker-based routes outside the Points-Based System...89 Annex 7 Further details on Tiers 1, 2, 4, Annex 8 Additional requirements for settlement, by immigration category...95

6 Executive summary This report outlines the organisation of asylum and migration policies in the UK as at December It provides an overview of relevant institutions, laws, regulations and processes concerning migrants and asylum seekers in the UK. Asylum and migration policy is the responsibility of the Home Office. The UK Border Agency (UKBA), an executive agency of the Home Office, is responsible for the operational implementation of asylum and migration policy. Other government departments, such as the Ministry of Justice, are also responsible for some specific aspects of asylum and migration policy. The legal framework surrounding asylum and migration is founded on the Immigration Act 1971 and the Immigration Rules. There are also a large number of additional legal acts that apply to different areas of asylum and migration law, (for example, the British Nationality Act 1981). The UK is bound by international agreements that impact on national policy, (for example, the United Nations Convention relating to the Status of Refugees 1951). Migration policy is influenced by internal economic and political aims, as well as external geopolitical factors. From 1945 to the end of the 20th century, it was influenced by post-war economic needs, Commonwealth migration and the creation and expansion of the European Union (EU). From the end of the 20th century to the start of the economic downturn in 2008 there was a focus on attracting migrants to the UK through managed migration for work and study. The introduction of the Points-Based System (PBS) in 2008 was a major development in UK migration policy, refocusing routes for work and study, and introducing the concept of sponsorship for employers and education providers. From 2010 onwards, the emphasis has been on reducing net migration and abuse of the immigration system. The PBS is designed to be flexible and responsive to labour market needs. The Migration Advisory Committee (MAC) provides advice on where labour and skill shortages can be met through migration, and recommends the shortage occupation list to the Government. This ensures that the PBS is used flexibly to meet UK labour market needs. Employers of migrants not entitled to work in the UK may face civil or criminal sanctions. Asylum policy is structured around the UK s commitments under the relevant international agreements and developing its own national processes. The New Asylum Model (NAM), introduced in 2007, aims to deliver a fast asylum process with an emphasis on rapid integration or removal at the end of the process. Most asylum seekers are not permitted to work in the UK while their claim is being considered, although there are some exceptions. The UK operates many different visa categories for those wishing to come to the UK for work, study, visit or family reasons. UKBA aims to provide pre-departure information to migrants planning to travel to the UK to facilitate legal migration to the UK by ensuring that migrants apply for the correct visa prior to travel. Pre-entry clearance assessments are carried out to ensure that only those who are entitled, and pose no threat, are granted permission to enter the UK. Passengers are examined at the UK border to establish whether they have permission to enter the UK. Measures are also carried out at the border to detect attempted illegal entry into the UK. 6 The organisation of asylum and migration policies in the UK, 2011

7 Some migrants already in the UK may apply to extend their stay through extending their visa, switching into another visa category, applying for settlement or applying to become a British citizen. However, not all visa categories allow switching or extensions. Settlement, also known as indefinite leave to remain, allows migrants to stay in the UK without time restrictions, but does not confer the same rights as British citizenship. British citizenship is one of six types of British nationality, giving the individual rights to live and work in the UK without restriction (amongst other rights). Asylum applications are assessed through a substantive interview and examination of other evidence supplied. There are four possible outcomes of an asylum application: Grant of Refugee; Grant of Humanitarian Protection; Grant of Discretionary Leave; or a refusal. Family reunification is available to those granted refugee or humanitarian protection status. Those applying for asylum in the UK may do so at their port of entry or at the Asylum Screening Unit. An application may be processed differently if UKBA consider it to be clearly unfounded, if another EU Member State is responsible for the claim under the Dublin Regulation, or if it is clear that the claim can be decided quickly. Asylum applications from families with children under the age of 18, or from an unaccompanied asylum seeking child (UASC), are considered under specific guidelines designed to protect the welfare of children. A separate procedure is in place for refugees entering the UK under the Gateway Protection Programme. Some support is provided from UKBA and local authorities to destitute asylum seekers and UASCs. Visa applicants and asylum seekers may appeal decisions made by UKBA. The processes are the same for both groups. Appeals can be heard by the First Tier Tribunal, then the Upper Tribunal, then the High Court, then the Court of Appeal, then the House of Lords or European courts. Once all these avenues of appeal have been exhausted, applicants may apply for a judicial review, and if it is refused the appellant may petition the House of Lords. However, not all visa types award full appeal rights (PBS visas only allow administrative reviews). Legal aid is available to some appellants, depending on their income and the likelihood of success of their appeal. The UK uses the European Integration Fund (EIF) and European Refugee Fund (ERF) to support projects that provide opportunities for integration, support access to the labour market, and support English language development. UKBA also provides some English language tuition overseas (via the EIF) and administers integration loans to those granted refugee or humanitarian status. UKBA runs several Assisted Voluntary Return schemes for returning third country nationals to their country of origin. Schemes are run for failed asylum seekers, families with children refused asylum, UASCs, irregular migrants and foreign national offenders (FNOs). These schemes offer migrants the opportunity to leave the UK in a dignified manner and assistance in arranging practical aspects of their return and reintegration support in their home country. If a migrant chooses not to leave the UK voluntarily (with or without assistance), they may be subject to an enforced removal by UKBA. A new family returns process was introduced in 2011 to ensure close engagement with families prior to their departure from the UK. Migrants removed from the UK may be subject to a re-entry ban preventing them returning to the UK. 7 The organisation of asylum and migration policies in the UK, 2011

8 Asylum and migration policy has links with several other policy areas, such as those concerning foreign relations, international development, health, education, integration, public service provision, and protection of vulnerable people. UKBA shares data with several government departments and agencies to identify irregular migrants and to prevent migrants accessing public services and benefits to which they are not entitled. The Home Office and UKBA conduct a wide range of analysis to inform policymaking. For example, bringing together evidence bases to inform public consultations or conducting surveys to evaluate the impact of new policies. Although the UK does not participate in all EU measures on migration and asylum (partly due to its nonparticipation in the border aspects of the Schengen Agreement) its policy aims are largely aligned with those of EU policy. 8 The organisation of asylum and migration policies in the UK, 2011

9 1. Introduction 1.1 PURPOSE This report describes the organisation of asylum and migration policies in the UK, as at December It provides an overview of relevant institutions, laws, regulations and processes concerning migrants and asylum seekers in the UK, bringing together a wide range of information about these into a single document. The report has been produced by the UK National Contact Point (NCP) for the European Migration Network (EMN) and is intended to revise information provided in the previous 2009 report (Poppleton and Rice, 2009). The UK report will be integrated with those of the other Member States into a revised EMN synthesis report. The report is intended as a reference document of interest to policymakers at EU and national level, as well as other EU and national stakeholders, the European Commission and members of the wider public with an interest in migration and international protection. 1.2 METHODOLOGY This report is primarily based on desk research and no primary research was undertaken. Much of the information included was obtained from the public websites of the UK Border Agency (UKBA) and the Home Office, and from the Home Office intranet. In addition to written sources, policy and operational colleagues from across UKBA and Home Office provided information and clarification on policies and procedures. Statistical data were provided by colleagues in Home Office Migration Statistics. UK legislation and policy on asylum and migration are complex and this report distils a large body of information into a relatively basic analysis. Further details can be found, if required, on the UKBA 1 and Home Office 2 websites The organisation of asylum and migration policies in the UK, 2011

10 2. Organisation of the political, legislative and institutional framework in the UK 2.1 LEADING MINISTRIES, INSTITUTIONS AND AGENCIES FOR ASYLUM AND MIGRATION POLICIES The Home Office is the government department responsible for immigration and asylum policy under the leadership of the Secretary of State for the Home Department (generally known as the Home Secretary). The Home Secretary is supported by a Minister of State for borders and immigration who acts as the lead minister for the work of the UK Border Agency (UKBA). UKBA is an executive agency of the Home Office responsible for immigration and asylum operations. It was formed in April 2008 to bring together the work previously carried out by the Border and Immigration Agency, customs detection work at the border (previously undertaken by Her Majesty s Revenue and Customs HMRC) and UK Visa Services (previously undertaken by the Foreign and Commonwealth Office FCO). In July 2011 strategic policy functions for immigration and asylum moved to the Home Office, leaving operational policy functions with UKBA. Each year UKBA checks more than 100 million people arriving at the UK border and considers around 3.5 million visa applications to visit, live, work or study in the UK. It operates in more than 100 countries and in all regions of the UK. It currently (as at December 2011) employs around 23,000 staff and spends around 2.5 billion. The core purpose of UKBA is to regulate the flows of people and goods into and out of the UK. In doing this it enforces customs and immigration law, protects revenue at the border, and provides protection for those fleeing persecution. It has three strategic objectives: to secure the border; control migration; and reduce costs and improve customer service (UKBA, 2011a) and aims to keep the UK open and attractive to both business and visitors, while delivering a robust system of border control. The Department for Communities and Local Government (DCLG) has overall responsibility for integration and a strategy paper on this was issued by DCLG in February The Government Equality Office (GEO) within the Home Office is responsible for the equality and diversity legislation and policies that are needed to support migrant integration The organisation of asylum and migration policies in the UK, 2011

11 2.2 SUPPORTING MINISTRIES, INSTITUTIONS AND AGENCIES FOR ASYLUM AND MIGRATION POLICIES Independent scrutiny The Independent Chief Inspector of UKBA 4 works to ensure independent scrutiny of the work of UKBA, providing confidence and assurance as to its effectiveness and efficiency. The Chief Inspector is independent of UKBA and reports directly to the Home Secretary. Appeals Visa applicants and asylum seekers may appeal decisions made by UKBA. The processes are the same for both groups. Appeals can be heard by the First Tier Tribunal, then the Upper Tribunal, the High Court, the Court of Appeal, and then the House of Lords or European courts. Once all these avenues of appeal have been exhausted, applicants may apply for a judicial review, and if it is refused the appellant may petition the House of Lords. However, not all visa types award full appeal rights (Points-Based System (PBS) visas only allow administrative reviews). Legal aid is available to some appellants, depending on their income and the likelihood of success of their appeal. The Ministry of Justice is responsible for the First Tier and Upper Tribunal Immigration and Asylum Chambers 5. The First Tier Tribunal is an independent tribunal dealing with appeals against decisions made by the Home Secretary and officials in immigration, asylum and nationality matters. The Upper Tribunal is a superior court of record dealing with appeals against decisions made by the First Tier Tribunal. The Special Immigration Appeals Commission (SIAC) 6 deals with appeals against decisions made by the Home Office to deport, or exclude, someone from the UK on national security grounds, or for other public interest reasons. It also hears appeals against decisions to deprive persons of citizenship status. Voluntary returns Refugee Action 7, a voluntary sector organisation, is contracted by UKBA to facilitate the voluntary return of asylum seekers and irregular migrants to their country of origin. The welfare of children and families The Office of the Children s Champion (OCC), based in UKBA, aims to make the Agency more responsive to the needs of children. It is supported in this work by professional child welfare experts seconded from local authorities. The Refugee Council Children s Panel of Advisers works with children who have been separated from their families or guardians and young people seeking asylum who are under the age of 18 when they enter the UK. 8 The Children s Panel receives referrals from UKBA (see section 5.4), other statutory and voluntary organisations, and directly from children themselves This superseded the Asylum and Immigration Tribunal (AIT) in February See section for an explanation of the family return process. 11 The organisation of asylum and migration policies in the UK, 2011

12 The Independent Family Returns Panel was set up in March 2011 to provide independent advice to UKBA on the method of removal from the UK of individual families when an ensured return 9 is necessary. The panel includes an independent chair, members with child safeguarding and medical expertise and officials from UKBA and the Department for Education. The panel does not endorse or reconsider removal decisions but provides advice on how each family return plan can take full account of child welfare issues. The panel also considers the overall handling of families who are denied entry to the UK at the border, to ensure that detention in such cases is kept to a minimum. Barnardos 10, a specialist childcare voluntary sector organisation, has been contracted by UKBA to provide welfare and social care services to families detained in pre-departure accommodation as part of the family return process (section ). Local authority departments, such as education, housing and social services are responsible for providing services and facilities to asylum applicants, refugees, migrants and their dependents. Local authorities also work in partnership with UKBA on the social welfare of unaccompanied minors and vulnerable asylum applicants. Police operations The police are not directly involved in UK border control. Some UKBA officers have powers of arrest for immigration offences to allow them to carry out their role and provide support to police operations under the UK Borders Act OTHER STAKEHOLDERS ASYLUM AND MIGRATION POLICIES Policy making A number of non-governmental organisations respond to government consultations on migration and asylum policy, such as think-tanks and academic research centres. Organisations such as the Information Centre about Asylum and Refugees (ICAR), 12 the Refugee Study Centre, 13 the Migration Observatory 14 (part of the Centre on Migration, Policy and Society (COMPAS) at the University of Oxford) and the Sussex Centre for Migration Research 15 (at the University of Sussex) conduct research, which may inform migration and asylum policy. The Migration Statistics unit collates official migration and asylum statistics and the Migration and Border Analysis (MBA) 16 unit provides evidence and analysis on migration from social researchers and economists. Both Migration Statistics and MBA are part of the Home Office Science Directorate. The Migration Advisory Committee (MAC) is an independent body funded by the Home Office comprising economists and migration experts. It was set up primarily to advise the UK Government on where immigration from outside the European Economic Area (EEA) might fill shortages of skilled labour in the UK economy (see section 12.3). 9 See section for an explanation of the family return process The UK National Contact Point for the European Migration Network is part of Migration and Border Analysis. 12 The organisation of asylum and migration policies in the UK, 2011

13 Asylum policy The United Nations High Commission for Refugees (UNHCR) is mandated to lead and co-ordinate international action to protect refugees and resolve refugee problems worldwide. Between 2004 and 2009 UNHCR worked closely with the UK Government on the Quality Initiative project to influence the quality of first instance decision-making and related asylum procedures. As of 2010 the project moved into a phase of supporting UKBA s continued development and integration of quality assurance mechanisms and this new phase is known as the Quality Integration project. Further information on UNHCR s work in this area is available from their website. 17 The National Asylum Stakeholder Forum (NASF), hosted by UKBA, meets quarterly to discuss issues with the main corporate partner organisations in the UK asylum system. These include statutory sector members, such as the Department of Health (DoH) and the Association of Chief Police Officers (ACPO) and voluntary sector organisations such as Amnesty International and Asylum Aid. 18 Several voluntary sector organisations provide online information and advice on asylum procedures for applicants including Refugee Action, 19 the Refugee Council, 20 Asylum Aid, 21 and the Refugee Children s Consortium. 22 They also signpost or facilitate legal advice and representation for asylum applicants. Bail for Immigration Detainees (BID) works with asylum seekers and migrants detained at immigration centres. The Immigration Law Practitioners Association 23 aims to promote and improve the advising and representation of immigrants and to provide information on immigration, refugee and nationality law. 2.4 OVERVIEW OF THE LEGAL FRAMEWORK Migration and asylum in the UK are governed by a complex network of laws and practices. In addition to the primary legislation outlined below, immigration and asylum policy and practice are governed by a large body of secondary legislation in the form of statutory instruments and the Immigration Rules. The foundation of the current legal framework is the Immigration Act 1971, 24 (see below) which came into force on 1 January 1973, and the Immigration Rules 25 made under it. The Immigration Rules are made by the Secretary of State for the Home Department in accordance with Sections 1(4) and 3(2) of the Immigration Act 1971 and are laid before Parliament. The rules outline the practice to be followed in the administration of the Immigration Acts for regulating entry and the stay of persons in the UK. They are made and amended in response to changes in immigration and asylum policy. The Secretary of State retains discretion to allow entry and stay outside the Immigration Rules NASF members: Statutory sector Association of Chief Police Officers, Association of Directors of Social Services and Association of Directors of Children s Services, Asylum Support Appeals Project, Asylum Support Tribunal, Convention of Scottish Local Authorities, Department of Education, Department of Health, Department for Work and Pensions, Local Government Association, Ministry of Justice, Scottish Government, United Nations High Commissioner for Refugees, Welsh Assembly Government, Welsh Local Government Association. Voluntary sector: Amnesty International, Asylum Aid, Bail for Immigration Detainees, British Red Cross, Children s Society, Evelyn Oldfield Unit, Freedom from Torture, Helen Bamber Foundation, Immigration Law Practitioners Association, International Organization for Migration, Joint Council for the Welfare of Immigrants, Refugee Action, Refugee Council, Scottish Refugee Council, The Coram Children s Legal Centre, The Employability Forum, Welsh Refugee Council. Ex officio: Asylum Support Partnership (Refugee Council), Regional Migration Partnerships Refugee Council provides this information in 21 languages The organisation of asylum and migration policies in the UK, 2011

14 The United Nations Convention relating to the Status of Refugees (1951) 26 is not part of UK law but is referenced in primary legislation from the Asylum and Immigration Appeals Act 1993 onwards (see below), secondary legislation and the Immigration Rules. A large amount of case law has also come into being, both from the specialist tribunal and from the courts and there are procedural rules and practice directions for the First Tier and Upper Tribunal Immigration and Asylum Chambers and the Special Immigration Appeals Commission, which deals with sensitive cases. A summary of migration and asylum legislation from 1971 to December 2011 can be found in Annex The organisation of asylum and migration policies in the UK, 2011

15 3. Development of asylum and migration systems in the UK 3.1 MIGRATION 1945 to 2000: Commonwealth and European immigration flows The development of migration systems in the UK post-war to the end of the 20th century is outlined in the previous version of this report (Poppleton and Rice, 2009). It describes how immigration policy largely reflected UK economic interests. Post-war economic expansion brought mass immigration from British Commonwealth countries, whilst the economic downturn of the 1970s (coupled with growing public concern about immigration) led to legislation to curtail immigration from the British Commonwealth. 27 In 1973 the UK joined the European Economic Community (EEC) and implemented the provisions of the Treaty of Rome, giving rights of free movement for work and establishment in business or self-employment to all citizens of the EEC Member States. The mobility of people and goods within the EU was further extended through the Maastricht Treaty (1992), the Treaty of Amsterdam (2004) and the Free Movement Directive (2004) to 2007: Managed migration policy The period between 1997 and the economic downturn in 2008 saw a general increase in demand for labour within the UK and a corresponding expansion in levels of economic migration. The managed migration policy favoured the immigration of workers and students to the UK for national economic gain. Work visas issued rose from 43,700 in 1997 to 86,300 in 2007(Home Office, 2008). 2004: Accession of A8 countries No transitional migration restrictions were imposed following EU enlargement in Consequently, around 1.3 million migrants from the A8 countries 29 arrived in the UK between 2004 and 2009; 66 per cent of all A8 citizens migrating to the UK during this period were Polish citizens. Polish nationals jumped from being the UK s 13th-largest foreign-national group in 2003 to the 1st-largest by the end of 2008, with the Polish-born population of the UK increasing from 75,000 to 532,000 (Somerville et al., 2009). 2007: Accession of A2 countries Bulgaria and Romania joined the EU on 1 January Under transitional provisions, workers from Bulgaria and Romania are subject to restrictions in the UK until : Points-Based System The roll out of the Points-Based System (PBS) in 2008 reduced most of the 80 different routes for migrant employment and education in the UK to just 5 tiers (presented in section 6.2). 27 A list of member countries of the British Commonwealth in 1971 is presented in Annex A8 countries are Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia. 30 As of December 2011there are restrictions on A2 workers in nine other Member States (Austria, Belgium, France, Germany, Ireland, Italy, Luxembourg, Malta and the Netherlands) but not in the 15 remaining States (Cyprus, the Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Poland, Portugal, Slovakia, Slovenia, Spain and Sweden). 15 The organisation of asylum and migration policies in the UK, 2011

16 2010: Sustainable migration The formation of a new Coalition Government in May 2010 saw a number of changes in UK migration policy to tackle rising net migration and address the economic downturn. The PBS requirements and conditions were amended to reflect the Coalition Government s strategic aims: to limit migration while still attracting the brightest and the best ; to reduce the abuse of migration routes; and to promote temporary migration. The Home Office Business Plan (Home Office, 2011b) outlined the Coalition Government s priorities in the field of migration. It committed the Government to: control net migration to sustainable levels; limit third country economic migrants, and introduce new measures to reduce inflow; minimise abuse of all migration routes; process asylum applications more quickly; and end the detention of children for immigration purposes. Although it is too soon to measure the impact of current immigration policies, the figures for net migration and for work, study and family routes over the last decade are discussed briefly below. Net migration Figure 1: Total annual long-term international migration estimates, UK, Migration (thousands) Net migration Immigration Emigration Source: Office for National Statistics (2010) Note: The estimates were revised in November 2009 following changes to source data. Therefore they may not agree with estimates published prior to this Year 16 The organisation of asylum and migration policies in the UK, 2011

17 Figure 1 shows that long-term immigration to the UK has remained relatively stable since 2004 following a steady rise from Final figures estimate that 591,000 people immigrated to the UK in In comparison long-term emigration from the UK has recently declined from a peak of 427,000 in 2008 to 339,000 in However, despite this recent decrease, annual patterns of emigration show a general increase since Net migration has varied since 1991 showing an increase in 1998 that remained relatively unchanged until 2004 when there was a further increase to 245,000. Since then net migration has fluctuated around 200,000 driven by rises and falls in emigration. For further information on emigration, see Office for National Statistics (2011b). Work, study and family routes Figure 2: Total number of entry clearance visas issued, , , , ,000 A2 accession, student visitors Staged implementation of PBS began 200, , ,000 50, Study Work Family Other Source: Home Office (2012) Note 1: Arrows show when policy changes occurred, therefore giving an indication of what could be affecting trends. Note 2: Data excludes visitors and transit visas. 17 The organisation of asylum and migration policies in the UK, 2011

18 Study Study is the most common reason for migration to the UK. Over the last five years student immigration has seen a general increase, with numbers rising particularly rapidly in 2009, largely driven by an increase in students from Asia. It is also possible that changes to the classification of different types of student (for example, student visitors and Tier 4 students) have impacted on the numbers. 31 The number of entry clearance visas issued to students peaked just below 350,000 in 2009 and has been decreasing since. The increases in student admissions seen in late 2009 and early 2010 were mainly driven by Asian nationals. Of the total number of students admitted in 2010, 63 per cent (172,000) were from Asia, a change from 2008 when 51 per cent (114,000) were nationals of counties in Asia. In 2010 the top three countries of nationality for students (PBS Tier 4) were India (43,600), China (41,600) and Pakistan (21,200). Work Work-related immigration (for those subject to immigration control) has generally fallen since The decline in migration for work is likely to be due to the introduction of the PBS and the recent economic downturn but the accession of Bulgaria and Romania in 2007 also complicates the picture. 32 Latest data for the year ending December 2011 show that there were 7 per cent fewer visas issued and 6 per cent more grants of extensions for the purpose of work, compared with the previous year (149,000 and 134,000 respectively compared with 161,000 and 127,000 for year ending December 2010). The top three countries whose nationals (subject to immigration control) accounted for the largest shares of the 163,000 admissions for work in 2010 were: India (28%), United States (17%) and Australia (10%). 33 Family routes There are a number of routes that allow people to come to the UK for family reasons. The traditional family route is made up of those coming to join or accompany family members who are British citizens, EU citizens or settled people. This includes fiancé(e)s, proposed civil partners, spouses, civil partners, unmarried or same-sex partners, children and elderly relatives. Others come as dependants of refugees or people who have not been granted the right to stay permanently, including the family members of those working or studying in the UK. There are also those who come for a short time to visit family members. The main family routes are discussed more fully in section 6.4. Compared with immigration for work or study, immigration for family reasons has been relatively stable since 2004, albeit on a downward trend. In 2010 the total number of passengers arriving in, and given leave to enter, the UK in family categories was 37,300. The top three countries of nationality of those entering the UK via a family route in 2010 were Pakistan (6,010), India (4,410) and the United States (2,100). 31 Between 2004 and 2008, the total number of people (including their dependants) admitted for study increased by 27 per cent from 307,000 to 391,000. A significant proportion of this increase may be due to the rules surrounding the introduction of the student visitor category in September 2007, as some coming to study for a short period would have been counted as visitors. See: publications/science-research-statistics/research-statistics/immigration-asylum-research/immigration-brief-q4-2011/study 32 Bulgaria and Romania gained free movement for work, for example, within the EU from 2007 onwards, therefore complicating declining trends. For example, were the numbers migrating for work declining or is it a consequence of Bulgaria and Romania joining the EU and no longer having to apply for a visa? 33 The 163,000 refers to admissions (actual arrivals in the UK) rather than applications for visas (which take place outside the country and not everyone with a visa comes to the UK). 18 The organisation of asylum and migration policies in the UK, 2011

19 3.2 ASYLUM 1951 to 1980 The UK was a signatory to the United Nations Convention relating to the Status of Refugees 1951 and its 1967 Protocol. Following the Second World War, the 1951 Convention was originally limited in scope to persons fleeing events occurring before 1 January 1951 and within Europe. The 1967 Protocol removed these limitations and gave the Convention universal coverage. The 1951 Convention and its 1967 Protocol consolidated previous international agreements relating to refugees and provided the most comprehensive codification of the rights of refugees at the international level. The Convention is underpinned by a number of fundamental principles, most notably non-discrimination, non-penalization and non-refoulement 34 and lays down basic minimum standards for the treatment of refugees to 2011 Up until the end of the 1980s, only a small proportion of the Home Office s work was related to asylum, as, for most of this decade, the UK was receiving less than 10,000 asylum applications per year. Asylum applications increased dramatically between 1987 and 2003, but have played a declining role in overall migration since 2004 (see Figure 3 below). The New Asylum Model (NAM), rolled out in 2007, aimed to introduce a faster, more tightly managed asylum process with an emphasis on rapid integration or removal. The main objective of NAM was to conclude an increasing proportion of asylum cases within six months through faster processing and a single case owner model. 35 Asylum applications are directed through a number of different routes that determine the processing, management and support arrangements for each case (see section 5.2). Some applicants are detained and subject to further fast-track processing. 34 No one shall expel or return refouler a refugee against his or her will, in any manner whatsoever, to a territory where he or she fears threats to life or freedom. 35 The single case owner model meant that one case owner was responsible for an asylum seeker s case throughout the process, from application to integration or return. 19 The organisation of asylum and migration policies in the UK, 2011

20 Figure 3: Asylum applications, Thousands (1)(2) (3) (2) Source: Home Office (2011f). Figure 3 shows relatively stable numbers of asylum applications since 2005, following a substantial fall in numbers from a peak in These falls coincide with: the introduction in 2002 of a process preventing certain nationalities from appealing a decision while in the country; 36 the opening of juxtaposed controls in Belgium and France in 2002 and 2004; and the introduction of fast-track facilities in A drop in European asylum applicants may also have contributed to the decline in asylum applications since 2002 (Blinder, 2011). As recently as 2000, the UK received more than 20,000 asylum seekers from Europe, more than from Africa or the Middle East, including thousands from Serbia and Montenegro and thousands more from the 2004 EU Accession States. The resolution of crises in European countries, as well as EU enlargement in 2004, saw European asylum applicants fall from 14,216 in 2001 to 810 by 2011 (see Table 1). 36 For latest list of designated nationalities see: asylumprocessguidance/specialcases/guidance certificationundersection94.pdf?view=binary 20 The organisation of asylum and migration policies in the UK, 2011

21 Table 1: Asylum applications and initial decisions for European nationalities, main applicants only Year Total applications from European nationals , , , , , , Source: Home Office Immigration Statistics October December 2011: In 2010 the top three countries of nationality for asylum applicants were Pakistan (2,151), Zimbabwe (1,955) and Iran (1,866). World events continue to impact on the nationals who apply for asylum at any particular time. Recent political unrest in Libya, for example, appears to have led to a substantial increase in asylum applications from Libyan nationals in the period January to September 2011 although numbers of applications have started to fall back. The total number of asylum applications for all nationalities increased by 1,286 from January to September 2010 to the same period in Applications from Libyan nationals increased to 672 from 62 in the same period, an increase of 610, or just under one-half of the increase for all nationalities. A similar trend has emerged for applications from nationals of Syria, albeit on a smaller scale 149 applications in 2011 compared with 38 in 2010 (Home Office, 2011f). 3.3 FUTURE DEVELOPMENTS The Coalition Government has consulted on further migration and asylum policy developments and has announced future changes. These are discussed in section The organisation of asylum and migration policies in the UK, 2011

22 4. Entry procedures migration This section and the following section (5) describe migration and asylum policies and procedures, starting with policies and procedures surrounding entry to the UK. Sections on admission conditions, appeals and legal assistance, legal residence, citizenship, integration and return are in subsequent sections. 4.1 PRE-DEPARTURE PROVISION OF INFORMATION ON IMMIGRATION The UK Border Agency (UKBA) website 37 provides in-depth and detailed pre-departure information on the processes involved for those seeking to enter the UK to visit, work, claim asylum, or seek residency and citizenship. One section of the website specifically provides visa information on the requirements for visitors, students, partners, families and workers. UKBA works closely with key overseas partners such as the Foreign and Commonwealth Office, British Council, Visit Britain and UK Trade and Investment to improve understanding and compliance with visa regulations. UKBA overseas communication teams also regularly attend student fairs and conferences with immigration agents to provide advice and guidance on visa requirements. In addition, pre-departure information is disseminated through information leaflets (for example, Your Stay in the UK) to successful visa applicants, by the funding of storylines in overseas television soap operas, and by online media, such as YouTube animations and videos. 4.2 VISA ASSESSMENTS Visa nationals require a visa to enter the UK. A list of countries, as at December 2011, where nationals or citizens require a visa is presented in Annex 3. A visa is also required by non-visa nationals who either wish to stay in the UK for a period exceeding six months, or are staying for six months or less for a purpose for which entry clearance is required under the Immigration Rules. There are two other types of entry clearance: European Economic Area (EEA) family permit issued to the family members of EEA nationals; and exempt vignette issued to those exempt from the requirements of the Immigration Act 1971 (such as diplomats). Visa applications must be made in advance of travel and can be submitted online or in person at one of the 250 visa application centres around the world. Around 100 centres are run by commercial partners, which can check (but not complete) visa applications, collect biometric data and submit the application to the decision-making post. Most applicants are required to provide biometric data (a ten-digit finger scan and a digital photograph) as part of the application process. 38 The main exemptions are for those aged under five, certain diplomats, and government officials. Visa applications are processed and decided on by UKBA staff. In most cases, Entry Clearance Officers (ECOs) make a decision based on the documents that are submitted with the visa application, immigration history and on the basis of background checks. If an ECO cannot make an immediate decision, the applicant may be asked to attend an interview. This is done within 15 working days from the date that the ECO assessed the application. Details of the checks conducted by ECOs are outlined in the UK European Migration Network (EMN) report Managing Migration through Visa Policy (Pendry et al., 2012) Under the provision of the Immigration (Provision of Physical Data) Regulation 2006, which came into force on 4 July The organisation of asylum and migration policies in the UK, 2011

23 4.3 OTHER PRE-DEPARTURE MEASURES The UK s Risk and Liaison Overseas Network (RALON) has over 100 staff (Immigration Liaison Managers, Officers and Assistants) in 50 locations overseas. RALON has four key roles, all aimed at addressing threats to the UK border: Improving visa decision quality by providing information about potential abuse, and providing risk profiles that enable ECOs to prioritise checks on high risk applications. Working with airlines, other international liaison officers and overseas border authorities to prevent passengers who do not hold the correct travel documents either a genuine passport or visa from travelling to the UK. RALON staff offer a rolling programme of formal training for airline staff on UK passport and visa requirements and forgery awareness and provide advice on individual passengers. They have no legal powers overseas but act as document advisers. The airline or the local border authority makes the decision on whether to carry a passenger. Supporting UK and overseas law enforcement partners to target criminal enterprises that attempt to circumvent UK border controls. Supporting UKBA s intelligence operation by providing information on overseas threats to the border. UKBA has operated a carriers liability charging regime since Its aim is to encourage carriers to conduct effective checks on passengers before they travel to the UK, and therefore reduce the number of inadequately documented arrivals (IDAs). Under Section 40 of the Immigration and Asylum Act 1999 (as amended), air and sea carriers are liable to a charge of 2,000 for every passenger they carry to the UK who is not correctly documented. Advice and training are available to carriers to assist them to make proper document checks. UKBA also incentivises carriers to prevent the carriage of IDAs. If a carrier is shown to have high standards of document and security checks at the port of embarkation and shows a high level of co-operation with the Agency, then they may be awarded Approved Gate Check (AGC) status. Under the scheme charges will usually be waived if a passenger arrives without a valid travel document. AGC status can be withdrawn at any time if standards are not maintained. 4.4 BORDER CONTROL The control of the UK border is a joint operation involving the work of several government agencies: UKBA; Ports Policing; the Security Service (MI5); and Her Majesty s Revenue and Customs (HMRC). UKBA Border Force Officers (BFOs) examine those who arrive in the UK to establish whether they require leave to enter and to grant, refuse, suspend or cancel leave to enter as appropriate. This means that a passenger s visa can be cancelled or subjected to conditions and time limits at a BFO s discretion. Officers also have important enforcement functions and powers to arrest immigration offenders. Details of the checks conducted by BFOs at the border are outlined in the forthcoming UK EMN report (ibid.). A BFO can hold a passenger for further questioning should they have any concerns, institute a baggage search, require the production of relevant information, or undertake a full case investigation. Travellers to the UK who produce a false travel document or passport to the UK immigration authorities for themselves and/or their children are committing an offence and can face up to two years in prison or a fine (or both). Any decision to 23 The organisation of asylum and migration policies in the UK, 2011