Immigration Asylum and Nationality Law Essay

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In the UK it is very easy to move from a temporary settlement to a permanent one and it has increased the levels of net migration to the brimming level. The Government showed its intentions to introduce some interim changes to the present criteria for permitting permanent settlement with effect from April 2011. These may include minimum salary criteria for economic migrants, new requirements for unspent criminal convictions, and proficiency in the English language (The Coalition Government’s plans: Asylum and Illegal Immigration, 2011).

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It is quite evident that students from other countries contribute a lot to the UK economy and it should not stop in the coming years. So, student visas should not be targeted to cut as international student migration brings many benefits to the UK economy. Nevertheless, some other measures may be taken to meet the goal of the Coalition government to reduce the net migration and settlement.

These could be : not an easy transfer from temporary to permanent migrant status; requirements for skilled workers should include higher levels of skills, qualifications and English language and a minimum pay limit, entry through family route should be restricted in number and candidates should be assessed through a secured test particularly on the proficiency in English language, post –study work should be classified as not leading to settlement, students on sorter courses should not be allowed to work or allowed to do unpaid work or internships only, students on shorter courses should be devoid of the right to bring dependents or the dependents should not be allowed to work (Reducing Net Migration Without Targeting Students, 2011).

The government of the UK already warned that many overseas students from outside Europe will be diminished at least half by the coalition government if it plans to reduce annual net migration to the UK (Travis, 2010).

“The visa system can be protected from abuse by assessing the potential risk posed by different nationals from different countries. Students on lower-level courses from highest-risk nations should be restricted” (Reducing Net Migration Without Targeting Students, 2011). A new authorizing body should be formed to certify private sector colleges and to discard the lowest quality colleges from the Sponsors Register to stop them from attracting students. “Another measure is to make the students pay the full fees in advance for courses up to 6 months and two-thirds of first year fees for longer courses” (Reducing Net Migration Without Targeting Students, 2011).

“English UK suggests that there should be no changes to the system for at least one year after the completion of the current tier 4 student visa review” (Reducing Net Migration Without Targeting Students, 2011). Further, there should be the possibility for amendments only twice in a year (Reducing Net Migration Without Targeting Students, 2011).

According to Tony Millns, chief executive of English UK that due to the economic situation the UK has become less attractive to the migrants and the new system more strict and tough than prior to 2009.Students not being the contributive force to migration or settlement are not the right target for cuts in visas. It is argued that students are most likely to return home after the completion of their course or end of the visa period. The balance in the number of new candidates is maintained by those completing the course and leaving the country. Moreover, they play a vital role in facilitating the financial condition of the universities and contribute to the UK economy (Reducing Net Migration Without Targeting Students, 2011).

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The commitment to the Government in the Coalition Agreement is that the annual limits would be placed on non-EU economic migration with effect from April 2011.An overall reduction in net migration level is intended by the Government. “Hence, all categories and ways to permanent settlement are being reviewed for this purpose” (Immigration and asylum policy: the Coalition Government’s plans, 2011).

The Government believes that this can be achieved by reducing chances for abuse in the visa system and being strict about the criteria for the selection of the entrants. This will protect the UK’s economic interests by attracting the best and the brightest migrants who will reinforce the UK economy (Immigration and asylum policy: the Coalition Government’s plans, 2011).

The Government’s Plan

The Coalition government took first step for working on immigration and asylum in May 2010 (Gower, 2011).

According to Coalition Agreement document, “The Government believes that immigration has enriched our culture and strengthened our economy, but that it must be controlled so that people have confidence in the system. We also recognize that to ensure cohesion and protect our public services, we need to introduce a cap on immigration and reduce the number of non EU immigrants” (Gower, 2011).

Damain Green, the Minister for immigration, intended to circumvent the drawbacks of immigration policy arguments happened in earlier years. He wished to adopt some smart ways which are not based on ‘emotion and prejudice’ (Gower, 2011).

The Government has made it a point that entrants having a job offer will be given priority over those who do not have it. “Consequently, the General visa would be brought to an end which enabled the highly skilled migrants to enter in the UK without a job offer” (Gower, 2011). It is observed that this visa category has not been successful in attracting highly skilled workers as many Tier 1(General) migrants are living without employment or are engaged in low-skilled occupations. Hence, Tier 1 would include a new visa category for exceptionally talented people like” scientists, academics and artists who have achieved international recognition, or likely to do so” (Gower, 2011).

The Government considers that the student visas are more prone to be abused. The entry of those persons who come to study low-level courses and especially in the private colleges does not seem to be beneficial to the UK. Such migrants are more interested in living or working rather than studying in the UK (Gower, 2011).

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Focusing on future immigration policies, the Immigration Minister said, “The real question… is not how many, or where are they from. It is how can Britain benefit most from immigration? What controls do we need to maximize those benefits and minimize the strains?” (Gower, 2011).

“This balance is at the heart of this government’s approach to immigration. Britain benefits from immigration, and has always benefited from immigration, but it will only continue to do so if it is properly controlled. This means that the unsustainable levels of net migration seen in recent years must be brought down” (Gower, 2011).

She further mentioned, “The Prime Minister has identified the sustainable level of immigration as an annual rate of net migration in the tens of thousands rather than the hundreds of thousands. (…) How do we get from where we are now to a position where we can continue to attract at least our fair share of the brightest and the best to study and work here, without putting unacceptable levels of pressure on our public services and the ability of our society to absorb change?” (Gower, 2011).

In November 2010 the Home Secretary stated in her speech that a more selective approach would be adopted in the matters related to the students also. Only” the highly skilled, the talented and the genuinely needed” entrants would be entertained and the less deserving would be rejected. To reduce the net migration levels it is necessary to cut down on the student visas as the majority of the migrants come as students. It is to be pointed that student visas are not a direct route to permanent migration so the Tier 1 visa which enables the foreign graduates from UK universities to stay in the UK in search of work should be eliminated (Gower, 2011).

Damian Green declared in 2010 the return of failed asylum seekers to Zimbabwe (UK Boarder Agency News, 2010).

In December 2010 some specific proposals in this direction were brought into light. According to which there would a limited range of courses for the foreign students, their entitlement to work and bringing family members along would be limited, their chances to extend studies or switching into a work immigration category would be curbed and a strict certifying requirements for the private colleges (Gower, 2011).

According to Tony Millns, chief executive of English UK that due to the economic situation the UK has become less attractive to the migrants and the new system more strict and tough than prior to 2009.Students not being the contributive force to migration or settlement are not the right target for cuts in visas. It is argued that students are most likely to return home after the completion of their course or end of the visa period. The balance in the number of new candidates is maintained by those completing the course and leaving the country. Moreover, they play a vital role in facilitating the financial condition of the universities and contribute to the UK economy (Reducing Net Migration Without Targeting Students, 2011).

Regarding the family migration the Home Secretary pointed in her November 2010 speech that those who wish to adjust in the society and assimilate into the local community should be considered for entry to deal with the abuse of the marriage route. To discourage fraud in marriages the Government will be abolishing the legislation which supports the ‘certificate of approval scheme’. “Further, some other measures are also to be taken to stop sham marriages and to make the rules for entry as the spouse of a person migrated to the UK. The probationary period for the foreign spouses for getting the eligibility to seek permanent settlement in the UK is being considered to be extended beyond two years” (Gower, 2011).

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Besides this, it will also be made necessary to enquire the UK sponsors regarding the accommodation and maintenance requirements for this purpose. “A new requirement was included into the immigration rules In November 2010.Now, it is compulsory to have basic command over English language for applying for leave to enter or remain as the spouse of a person settled in the UK. An equivalent to level A1 on the Common European Framework of Reference for languages, a test has to be cleared that is approved by UKBA to demonstrate the basic command of speaking and listening English language” (Gower, 2011). This step will help in protecting public services, strengthening of the economic system and facilitating integration in the society (Gower, 2011).

In relation to the route for permanent settlement via temporary settlement the Government has planned to restrict the opportunities for settling in the UK (Gower, 2011).

According to Damian Green, Immigration Minister, “we are radically reforming the immigration system to bring net migration down to the tens of thousands by the end of this Parliament” (Net Migration rises by 36%, official figures show, 2011).

In news published in the NewStatesman, it was said that the Coalition government is trying hard to meet with its plans to reduce the net migration from 200,000 (Eaton, 2010). “The focus was on ‘the tens of thousands’ by 2015” (UK may see high net migration in 2011, 2010).

But according to Donna Covey who is the head of Refugee Council, “We know the government is looking at improving the decision-making process for asylum cases, but they must do so as a matter of urgency to ensure that those in need of protection are not returned to countries where their lives are at risk” (Net Migration rises by 36%, official figures show, 2011).

The present system allows a convenient switch over to permanent settlement from the temporary resident status. Though the Labor Government was also intending to introduce the ‘earned citizenship’ policy in this connection they are radically reforming the immigration system to bring net migration down to the tens of thousands by the end of this Parliament” (Gower, 2011). “The Government wants to introduce some interim changes to the present system of sanctioning permanent settlement with effect from April 2011.These would probably take in new requirements regarding” unspent criminal convictions, minimum salary criteria for economic migrants, and competence in English” (Gower, 2011).

The Coalition Government does not intend to compel the removal of the asylum seekers as they could be subject to maltreatment because of their sexual orientation. The Government confirms that new ways for the improvement of the present asylum system will be looked into. This will help in the speedy processing of applications. Various schemes directed towards the improvement of speed, efficiency, quality and cost-effectiveness are tested in this regard for their appropriate implementation by December 2011 (Gower, 2011).

Another plan which is related to abolish the child detention for immigration purposes was introduced in December 2010 (Gower, 2011). “The Coalition Government stated that a dedicated Border Police Force would be established to reinforce coordination of border controls and security operations” (Gower, 2011).

Besides the measures taken in account for the foreign spouses, there is a requirement to review English language criteria for other immigration categories. These requirements should be made more demanding so that they contribute to integration. “Moreover, the Migration Impacts Fund was also abolished in summer 2010, which was established to manage the transitional impacts of immigration by providing funds to the local communities” (Gower, 2011).

The rights for the EU migrants’ to live in the UK are mainly come under the European law and not the domestic law. So, it does not get affected by the policies of the Government to reduce net immigration. “The Government has pointed that in future EU enlargement the Government would try to lessen the burden by imposing transitional controls on new Members States’ freedom of movement rights” (Gower, 2011).

Though the Home Office and the UKBA are the leading policy makers it cannot be denied that the immigration and asylum system may be affected by the other policymaking of the other Government departments such as Ministry of Justice (Gower, 2011).

The intentions of Government on the issue of immigration and asylum were indicated first in the May 2010 Coalition Government’s document. To retain the confidence of people in the system it is considered necessary to curb the net migration rate of non EU immigrants. A cap on immigration is required to protect the unity and the public services (Immigration and asylum policy: the Coalition Government’s plans, 2011).

To achieve this aim the Government is likely to take some actions:

The Minister for Immigration, Damian Green, in a speech made on 7September 2010, showed his desire to develop smart measures which are influenced by evidence. He pointed out that the shortcomings of the previous immigration policy debates should be avoided and rather than getting influenced by” emotions and prejudice” focus should be placed upon taking smarter measures.

The criteria for the selection of the entrants should be based upon the maximum benefit obtained from the immigration and reducing the tension rather than the number or nationality of the entrants. Though immigration has always enriched the culture and strengthened the economy of UK but this can be sustained only if the increasing levels of net migration in the past years are reduced (Immigration and asylum policy: the Coalition Government’s plans, 2011).

“The sustainable level of immigration has been identified to be in the tens of thousands rather than the hundreds of thousands annually by the Prime Minister” (Immigration and asylum policy: the Coalition Government’s plans, 2011). The major concern is to attract the brightest and the best to study or work avoiding the unwanted strain on the public services and pressure on the society to take up change (Immigration and asylum policy: the Coalition Government’s plans, 2011).

“In case of the persons who have already obtained permanent settlement, some of the “policy prescriptions” were identified by the Minister which were being considered by the Government” (Immigration and asylum policy: the Coalition Government’s plans, 2011). He drew attention towards for “steady downward pressure on many routes to long-term immigration (Immigration and asylum policy: the Coalition Government’s plans, 2011).

The Home Secretary also stated the same in his speech on5 November 2010 that immigration under Labor was completely out of control and there is a great need to bring the net migration levels down. “He argued that net migration to Britain came up to almost 2.2 million people between 1997 and 2009 which is two times more than the population of Birmingham. Further, the individual stories about abuse have weakened the public confidence” (Immigration and asylum policy: the Coalition Government’s plans, 2011).

“The uncontrolled migration has placed pressure on the key public services like schools, the health services, transport, housing and welfare” (Immigration and asylum policy: the Coalition Government’s plans, 2011). Besides this, many other impacts on the social system such as separation and tensions in communities harming the social integration of the society are caused by the increasing level of immigration (Immigration and asylum policy: the Coalition Government’s plans, 2011).

According to a poll conducted on this issue it is revealed that the public as well as a vast majority of Lib Dem supporters want more rigorous controls on immigration. Further, 81 per cent support has been found in the YouGov survey for the restraints put on the migration cutting down the number of visas issues to the non EU workers. “So, to bring down the number of people arriving in Britain verses those who are leaving is to be brought down to the’ tens of thousands’ from 215,000 is the part of the policy. However, some 70 per cent stated that it would the ‘best for Britain’ if the net migration is reduced to 50,000 or less” (8 in 10 Britons want Tighter Controls on Immigration, 2011).

“A report published by an Oxford University academic has warned that the population of the white Britons will reduce the level of minority if the immigration level is not brought down” (8 in 10 Britons want Tighter Controls on Immigration, 2011). Prof David Coleman said that the white British- born population would decrease from 80 per cent to 59 per cent in 1951 if immigration level continues to be 180,000 a year.

He says that if the same situation persists, the English, Welsh, Scottish and Irish born citizens as they come under British population would become a minority after 2066.This revelation has definitely upset the people (8 in 10 Britons want Tighter Controls on Immigration, 2011).The Business Secretary Vince Cable is of the view that the government’s cap on economic migrants is too tough (8 in 10 Britons want Tighter Controls on Immigration, 2011).

According to Sir Andrew Green, chairman of Migration watch, the results of the polls done the issue of net migration act as” a strong vote of confidence in the government’s recent measures to control economic migration” (8 in 10 Britons want Tighter Controls on Immigration, 2011).

It is presumed by the Office for National Statistics that the population will reach up to 70 million by 2029 if the scenario remains the same. These revelations are making the people distressed who want to see the lowered levels of immigration and worried about the long –term consequences of immigration (8 in 10 Britons want Tighter Controls on Immigration, 2011).

Reference List

“8 in 10 Britons want Tighter Controls on Immigration” (2011). The European Union Times. Web.

Eaton G (2010). . NewStatesman. Web.

Gower M (2011). Immigration and asylum policy: the Coalition Government’s plans. House of Commons Library. Web.

“Immigration and Asylum Policy: the Coalition Government’s plans” (2011). UK Student News and Events. Web.

“” (2011). BBC News. Web.

“UK Border Agency News” (2010). UK Border Agency. Issue 4. Securing Our Border Controlling Migration. Web.

“Reducing Net Migration Without Targeting Students” (2011). UK Student News and Events. Web.

“The Coalition Government’s Plans: Asylum and Illegal Immigration” (2011). UK Student News and Events. Web.

Travis A (2010). Foreign students in UK to be hit hard by immigration cuts. Guardian. Web.

“UK may see high net migration in 2011” (2010). Education. Web.

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