UNITED KINGDOM COUNTRY REPORT: EMN 2009 ANNUAL POLICY REPORT

Kiren Vadher

UK Border Agency

Contents

Executive Summary 2Background note 41. General structure of political and legal systems in the UK 5

1.1 The general structure of the political system and institutional context relevant for migration and asylum in the UK 5

2. Political, policy and legislative, and institutional developments 72.1 General political developments during 2009 72.2 Overview of the debates on migration and asylum issues during 2009 7

2.2.1 Parliamentary debates 72.2.2 Contributions from civil society and/or migrant organisations and/or academia 72.2.3 Debates undertaken within published media 82.2.4 Proposals to amend current asylum/migration legislation 9

2.3 Institutional developments in 2009 93. Specific developments in asylum and migration 10

3.1 Control and monitoring of immigration 103.1.1 European Pact on Immigration and Asylum 103.1.2 Additional/Complementary developments 13

3.2 Refugee protection and asylum 133.2.1 European Pact on Immigration and Asylum 13

3.3 Unaccompanied minors (and other vulnerable groups) 153.3.1 European Pact on Immigration and Asylum 153.3.2 Additional/Complementary developments 15

3.4 Economic migration 153.4.1 European Pact on Immigration and Asylum 153.4.2 Additional/Complementary developments 17

3.5 Family reunification 183.5.1 European Pact on Immigration and Asylum 183.5.2 Additional/Complementary developments 18

3.6 Other legal migration 193.6.1 European Pact on Immigration and Asylum 193.6.2 Additional/Complementary developments 19

3.7 Integration 203.7.1 European Pact on Immigration and Asylum 203.7.2 Additional/Complementary developments 21

3.8 Citizenship and naturalisation 213.8.1 European Pact on Immigration and Asylum 213.8.2 Additional/Complementary developments 21

3.9 Illegal immigration 223.9.1 European Pact on Immigration and Asylum 22

3.10 Actions against human trafficking 233.10.1 European Pact on Immigration and Asylum 23

3.11 Return migration 243.11.1 European Pact on Immigration and Asylum 24

3.12 External relations/Global Approach 253.12.1 European Pact on Immigration and Asylum 25

3.13 Additional policy changes 264. Implementation of EU legislation 27

4.1 Transposition of EU legislation 2009 27

Annex Methodology, terms and definitions 28References 29

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Executive Summary

This UK national report provides a comprehensive review of migration and asylum policy legislation and developments from 1 January 2009 to 31 December 2009. It was produced by the UK National Contact Point for the European Migration Network (EMN), as a contribution to the synthesis report entitled, ‘EMN Annual Policy Report 2009’. The report has been adapted to contribute to the tracking method of the European Pact on Immigration and Asylum.1

One of the most significant institutional developments in 2009 was the Borders, Citizenship and Immigration Bill which received Royal Assent and became an Act of Parliament. There was also a significant institutional development with the newly formed UK Border Agency moving to full executive agency status. Coupled with this, 4,500 HM Revenue & Customs (HMRC) staff transferred into the UK Border Agency.

Debates within Parliament, academia, civil society and published media reflected the most significant issues in migration and asylum in 2009. Many of these focused on identity cards, the rights of Ghurkhas, war criminals, entitlement to free healthcare for failed asylum seekers, and the exclusion of certain individuals from the UK (the ‘Banned list’).

The report provides a comprehensive and detailed account of the UK’s measures, policies and developments which illustrate its implementation of the European Pact on Migration and Asylum. Each objective of the Pact and its corresponding evidence has been arranged according to the following 12 areas of asylum and migration:

The control and monitoring of immigration – The UK deploys a number of modern technological means for border control, including the e-Borders programme, automated clearance systems, Passenger Name Records and identity cards. The UK has also led a number of projects and initiatives with the countries of origin and of transit in order to strengthen border control. The UK Border Agency also aims to improve the UK’s security with stronger border controls and the integration of customs and immigration powers. Although the UK is excluded from full participation in the Frontex Regulation it is committed to strengthening the EU’s land, sea and air borders.

Refugee protection and asylum – Based on the principle of solidarity, the UK supports and delivers practical assistance to those Member States which face disproportionate pressures. This has included working closely with Greece and Malta by providing technical assistance and specialist knowledge. All officers (both guest and frontline) working at the borders are also trained in the rights and obligations pertaining to international protection.

Unaccompanied minors – There is no explicit mention of unaccompanied minors in the Pact. However, the UK has introduced a statutory duty to safeguard and protect the welfare of children to all UK Border Agency staff and those acting on behalf of the UK Border Agency, who deal with children when carrying out immigration functions (see below).

Economic migration – The UK has continued to implement the points-based system (PBS) as its main policy for labour migration since April 2008. In 2009, Tier 4 (students) and Tier 5 (temporary workers) were launched. The PBS ensures a flexible framework in which migration policy can adapt and adjust to economic and labour developments. In order to increase the attractiveness of the UK for highly qualified workers, the Tier 1 (post study) category offers the possibility of free access to the labour market for those who have graduated in the UK. The UK also recognises the problem of ‘brain drain’ and has a policy of ‘ethical recruitment’, which ensures that medical professionals from developing countries are not targeted for recruitment.

1 Also available from http://ec.europa.eu/justice_home/news/intro/doc/doc_13440_08_en.pdf

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Family reunification – The UK’s Immigration Rules already make provisions for the admission of a refugee’s spouse, civil partner, unmarried/same sex partner, and minor children to be reunited with those recognised as refugees or who have been granted subsidiary protection.

Other legal migration – The UK has been working overseas to inform customers about its visa systems, immigration controls and restrictions at the UK border. All information concerning legal migration is publicly available on the UK Border Agency website which includes information for those entering the UK to visit, study, work, claim asylum and/or seek residency and citizenship.

Integration – The UK Government has invested in a number of integration programmes, and has also set up the Migration Impacts Fund to help support local areas in managing the transitional impacts of migration.

Citizenship and naturalisation – There is no explicit mention of citizenship and naturalisation in the Pact. However, the UK has introduced a system of ‘earned citizenship’ and is currently seeking views on developing this concept (see below).

Illegal immigration – The UK has not undertaken any regularisation programmes since the adoption of the Pact and considers all asylum and human rights claims from those who enter legally or illegally on their individual merits. In order to tackle illegal immigration, the UK introduced civil penalties in 2008 to deal with employers who use illegal workers, and which also require employers to conduct follow-up checks on employees with temporary immigration status.

Actions against human trafficking – As part of its implementation of the Council of Europe Convention on Action against Trafficking in Human Beings, the UK has initiated the National Referral Mechanism (NRM), which is designed to allow different agencies involved in trafficking cases to share information and advice. The UK’s Crown Prosecution Service has also undertaken capacity building in a number of countries to help improve the investigation and prosecution of offences.

Return migration – the UK has opted in to all 18 Commission mandates for the negotiation of European Community Readmission Agreements and has negotiated seven bilateral readmission agreements. The UK also has a well-established voluntary returns programmes, operated on behalf of the UK Government by the International Organisation for Migration (IOM).

External relations/Global Approach – The UK has worked with Libya and Turkey in a number of projects concerning migrant returns. The UK is also looking at enhanced return capability with Ukraine.

In 2009, there were also a number of developments in respect to the specific 12 areas that were not covered by the Pact’s objectives. These included new visa requirements for a number of countries; the introduction of a statutory duty to safeguard and protect the welfare of children to all UK Border Agency staff and those acting on behalf of the UK Border Agency when carrying out immigration functions in relation to children within the UK; additional changes to the labour migration policies included the implementation of Tier 4 of the points-based system; and a code of practice setting out how to deal with an application for a marriage visa or permission to remain in the UK if someone is identified as vulnerable to a forced marriage.

The UK Government also introduced a system of ‘Earned Citizenship’ in the Borders, Citizenship and Immigration Act 2009. This establishes the principle that British citizenship is a privilege which must be earned, and provides mechanisms to speed up or slow down the journey towards settlement. A consultation document was also published, in which proposals looking at integration support and at the requirements placed on new citizens were presented.

In 2009, there were also amendments to two EU-related Regulations which amended existing Regulations on free movement of EU citizens and labour restrictions of A8 nationals.

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Background note

The European Pact on Immigration and Asylum2 was adopted by the European Council in October 2008. Within the Pact are five basic commitments which will be developed and transposed into concrete measures, specifically:

● to organise legal immigration to take account of the priorities, needs and reception capacities determined by each Member State, and to encourage integration;

● to control illegal immigration by ensuring that illegal immigrants return to their countries of origin or to a country of transit;

● to make border controls more effective;

● to construct a Europe of asylum, for example, by establishing a European Asylum Support Office and strengthening cooperation with the UNHCR; and

● to create a comprehensive partnership with the countries of origin and of transit in order to encourage the synergy between migration and development.

The Annual Policy Report 2009 has been adapted to contribute to the tracking of these five commitments. Using this report as the main source of information, the Commission will produce a report to be presented to the European Council, which will hold an annual debate on immigration and asylum policies in June 2010.

2 Also available from http://ec.europa.eu/justice_home/news/intro/doc/doc_13440_08_en.pdf

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1. General structure of political and legal systems in the UK

1.1 The general structure of the political system and institutional context relevant for migration and asylum in the UK3

The United Kingdom’s political party system facilitates ‘representative democracy’ in which candidates elected in free elections represent local constituencies in Parliament. These representatives are elected to the House of Commons and the party with the greatest number of seats (though not necessarily an absolute majority of votes) is invited to form the Government with its leader as Prime Minister. The governing party therefore exerts a great amount of influence over the direction of national policy. The Labour Party is currently in government while the two largest opposition parties are the Conservatives and the Liberal Democrats.4

The Home Office is the government department in charge of policing; national security; immigration and citizenship (through the United Kingdom Border Agency); and the Identity and Passport Service, under the leadership of the Secretary of State for the Home Department. Integration and social cohesion is led by the Department of Communities and Local Government (DCLG) and development policy is led by the Department for International Development (DFID).

The Immigration Act 1971 is the foundation of the current legal framework, and has been amended and added to by a significant body of legislation including:

● Immigration (Carriers’ Liability) Act 1987 (now repealed);

● Immigration Act 1988;

● Asylum and Immigration Appeals Act 1993;

● Asylum and Immigration Act 1996;

● Special Immigration Appeals Commission Act 1997;

● Immigration and Asylum Act 1999;

● Nationality, Immigration and Asylum Act 2002;

● Asylum and Immigration (Treatment of Claimants, etc.) Act 2004;

● Immigration, Asylum and Nationality Act 2006;

● UK Borders Act 2007; and

● Borders, Citizenship and Immigration Act 2009.

In recognition of these separate Acts and the complexities they raise, the UK Government is working on consolidating and simplifying immigration legislation to replace all of the existing immigration Acts with a new Immigration Act (UKBA, 2009a).

3 Further information can be found in the UK EMN NCP Annual Policy Report 2008, available at: http://emn.sarenet.es/Downloads/prepareShowFiles.do?directoryID=2

4 In addition to the Houses of Parliament in Westminster, the UK also has devolved legislatures in Scotland (the ‘Scottish Parliament’), Wales (‘The National Assembly for Wales’) and Northern Ireland (‘The Northern Ireland Assembly’).

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Borders, Citizenship and Immigration Act 2009On 21 July 2009, the Borders, Citizenship and Immigration Bill received Royal Assent and became an Act of Parliament.5 The Act includes the citizenship and children duties which were in the Draft (Partial) Immigration and Citizenship Bill which was published for consultation in July 2008.6

Key measures will:

● integrate customs powers and functions at the border into the UK Border Agency;

● create the framework for a new path to citizenship, ensuring citizenship is reserved for those who earn the right to stay;

● provide a number of other changes to nationality law, including a new route to enable the children of foreign and Commonwealth members of the armed forces, and children born abroad to British mothers before 7 February 1961, to register as British Citizens;

● require students’ study to be linked to the particular institution in the UK which sponsors them under the points-based system;

● extend powers to take fingerprints of foreign criminals, and extend powers of detention by immigration officers at ports to Scotland;

● allow for the transfer of ‘fresh claims’ judicial review applications to the Upper Tribunal, which is part of the new, unified tribunal system;

● introduce a new duty on the UK Border Agency to safeguard and promote the welfare of children in the UK; and

● strengthen the criminal offence relating to people trafficking.

The provisions relating to the Common Travel Area which were included in the Bill when it was introduced to Parliament were removed in Parliament and are not part of the Act. The Government remains committed to reform of the Common Travel Area and is now reviewing how best to take this policy forward.

5 Further information on the Borders, Citizenship and Immigration Bill can be found at: http://services.parliament.uk/bills/2008-09/borderscitizenshipandimmigration.html

6 Further information can be found in the UK EMN NCP Annual Policy Report 2008, available at: http://emn.sarenet.es/Downloads/prepareShowFiles.do?directoryID=2

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2. Political, policy and legislative, and institutional developments

2.1 General political developments during 2009

In 2009, the UK Government held local elections across all 27 County Councils, three existing Unitary Authorities and five new Unitary Authorities in England.7 These local elections were held on 4 June 2009 to coincide with the European Parliament elections.

Following on from the local and European Parliament elections, the UK Prime Minister announced a ministerial reshuffle. This included the appointment of Alan Johnson as the new Home Secretary. There was no change in the Minister of State for Borders and Immigration, who remained Phil Woolas MP.

2.2 Overview of the debates on migration and asylum issues during 2009

2.2.1 Parliamentary debates

In 2009, there were a number of parliamentary debates8 focusing on the following issues:

● identity cards for British nationals;

● Ghurkhas;

● the Borders, Citizenship and Immigration Bill;

● regularisation of undocumented immigrants including the right to work for asylum seekers;

● deportations to the Democratic Republic of Congo;

● ratification of the Lisbon Treaty; and

● the Stockholm Programme.

2.2.2 Contributions from civil society and/or migrant organisations and/or academia

In June 2009, the UK held the annual ‘Refugee Week’ – a programme of arts, cultural and educational events aimed at celebrating the contribution of refugees to the UK, and to encourage a better understanding between communities.9 As part of this event, the British Red Cross conducted an opinion poll survey to investigate attitudes of members of the British public towards refugees and asylum seekers (British Red Cross, 2009). The results suggest that people largely over-estimate the numbers of asylum claims made in Britain, as well as the percentage of asylum seekers that they believe to be living in Britain. They also found that public opinion of refugees was that they were predominantly from low-skilled professional backgrounds, which according to the British Red Cross is contrary to the actual working background of these individuals.

In July 2009, the Refugee Council published a report concerning the status of Zimbabwean asylum seekers in the UK (Refugee Council, 2009). The report, ‘“I hate being idle”: Wasted skills and enforced dependence among Zimbabwean asylum seekers in the UK’ found that many of the Zimbabwean asylum seekers in the UK have a high level of education and vocational qualification and wanted to work but were unable to do so because of their immigration status and lack of money. 7 Further information can be found at:

http://www.communities.gov.uk/localgovernment/360902/electoralarrangements/elections/localgovernmentelections/8 All UK parliamentary debates can be found on the Hansard database at:

http://www.publications.parliament.uk/pa/pahansard.htm9 More information is available at: http://www.refugeeweek.org.uk

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The Institute for Public Policy Research (IPPR) published a report which looked at the remigration of Britain’s immigrants (Finch, Latorre, Pollard and Rutter, 2009). The report, ‘Shall we stay or shall we go? Re-migration trends among Britain’s immigrants’ revealed that the emigration of immigrants was steadily increasing and that most immigrants spend less than four years in the UK. Coupled with this, the report also found that most return migration decisions are for personal reasons, whereas onward migration tends to be due to economic reasons. The report also makes a number of suggestions for the Government to pay more attention to remigration and circular migration.

2.2.3 Debates undertaken within published media

GhurkhasThere were a number of debates concerning asylum and migration issues within the British media. One of the biggest debates concerned the rights of Ghurkhas to stay in the UK. Previous policies on Ghurkhas only granted automatic residency benefits to those Ghurkhas who left the British Army after 1997. In 2009, the Home Secretary announced that all Ghurkha veterans who retired before 1997 with at least four years service would be allowed to settle in the UK (UKBA, 2009b).

Identity cardsIdentity cards for UK nationals was another issue which received considerable media attention. Currently, identity cards are required for all foreign nationals who receive leave to remain, and who are students, the spouse, partner or dependants of permanent residents, or who fall under a number of other specific categories.10 As part of the National Identity Service, there are also proposals for UK nationals to have identity cards to help tackle identity fraud and increase security (IPS, 2009).

War criminalsIn 2009, various campaigning groups argued that due to a number of legal ‘loopholes’, the UK was in danger of becoming a safe haven for war criminals. A report by Cormacain, Donovan, Macdonald and Meyersfeld (2009), ‘Suspected War Criminals and Génocidaires in the UK: Proposals to Strengthen our Laws’ argued that there were a number of suspected war criminals from countries such as Rwanda, Liberia, Sierra Leone, Sri Lanka, Iraq, Zimbabwe, Sudan, Congo, Afghanistan and the former Yugoslavia, who were in the UK or had visited the UK. Two ‘impunity gaps’ meant that many of these suspects could not be prosecuted in the UK because:

● the acts they were suspected of were committed prior to 2001; and

● the UK did not prosecute British non-residents such as students, visitors and asylum seekers.

In July 2009, the Secretary of State for Justice made an announcement to extend the law so that individuals suspected of committing genocide, war crimes and crimes against humanity since 1 January 1991 could be prosecuted in the UK (MoJ, 2009).

The ‘Banned list’In May 2009, the Home Secretary’s decision to release lists of individuals who were banned from the UK received considerable media attention. The list covered individuals excluded from the United Kingdom for fostering extremism or hatred between October 2008 and March 2009. It followed the introduction of new measures against such individuals in 2008, including creating a presumption in favour of exclusion in respect of all those who have engaged in spreading hate (UKBA, 2009c).

Entitlement to NHS treatmentIn March 2009, the Department of Health won an appeal to overturn a previous ruling which found that, in certain circumstances, failed asylum seekers could receive automatic rights to free National Health Service (NHS) hospital treatment or, alternatively, be exempt from paying for hospital

10 Further information can be found at: http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/idcardsnewcategories2

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treatment after having spent a year in the UK. The Court of Appeal also found that NHS trusts have the discretion to withhold treatment pending payment and also the discretion to provide treatment where there is no prospect of paying for it (although guidance should be consulted when applying this discretion (DH, 2009a).

A number of campaigners were unhappy with this decision and argued that all failed asylum seekers should receive free healthcare until they went home (Community Care, 2009). In July 2009, however, the Department of Health and the Home Office (DH, 2009b) published their joint review on the access to healthcare for foreign nationals and will conduct a consultation on a number of proposals including:

● there should be no charge for treatment for those failed asylum seekers who are being supported because there are recognised barriers to their return home;

● unaccompanied children, including those in local authority care, should be exempt from charges;

● working with the UK Border Agency to recover money owed to the NHS and exploring ways to amend the Immigration Rules so that those who have significant debts to the NHS would normally be refused permission to enter or remain in the United Kingdom; and

● investigating the longer-term feasibility of introducing health insurance requirements for visitors.

2.2.4 Proposals to amend current asylum/migration legislation

In July 2009, the Borders, Citizenship and Immigration Bill became an Act of Parliament (see Section 1.1). Prior to this, the Refugee Council published two briefings on the Bill in February and June 2009, discussing their concerns and recommendations on the Bill.11

In 2009, the Irish government held a referendum to decide whether or not they would opt-in to the Lisbon Treaty.12 This decision received widespread media attention in the UK (which had already signed the Treaty in December 2007) after the Conservative Party suggested they would also hold a referendum if they were voted into government before the treaty was ratified by all EU member states. However, by the end of 2009, all EU member states had signed the treaty, which came into force on 1 December 2009.

2.3 Institutional developments in 2009

On the 1 April 2009, the UK Border Agency moved from shadow to full Executive Agency status. This move established a clear accountability framework within which the Chief Executive of the UK Border Agency will have greater operational freedom to focus on delivering the Agency’s services (UKBA, 2009d).

In August 2009, 4,500 HM Revenue & Customs (HMRC) staff formally transferred into the UK Border Agency. This means that the customs and detection work previously carried out at the United Kingdom border by HMRC are now in the main carried out by the UK Border Agency.

11 Further information can be found at: http://www.refugeecouncil.org.uk/policy/briefings/2009/12 Further information can be found at: http://europa.eu/lisbon_treaty/index_en.htm

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3. Specific developments in asylum and migration

3.1 Control and monitoring of immigration

3.1.1 European Pact on Immigration and Asylum13

II(c) ensure that risks of irregular migration are prevented See sections III(a) [on border control], IV(d) [on resettlement and regional protection programmes], and V(c) [on working with third countries].

II(h) an Expulsion Decision taken by one Member State (MS) should be applicable throughout the EU and entered into the SIS/ implementation of Directive 2001/40/EC

To date the UK has not been called upon to enforce any removals based on expulsion decisions of other Member States, nor been called upon by another Member State to enforce removal based on this directive. Provisions contained in current UK domestic legislation and international legislation ensure UK obligations under this directive, namely: the Immigration Act 1971; the Human Rights Act 1998; the Nationality and Immigration and Asylum Act 2002; the Data Protection Act 1998; and the 1951 UN Refugee Convention.

The UK does not have full access to the Schengen Information System or related Schengen databases which limits its ability to check for active expulsion orders. However, any representation from a Member State to enforce an expulsion order against a person resident in the UK would be carefully considered on its individual merits, also taking into account whether the circumstances of the individual concerned may have changed.

III(a) more effective control of the external land, sea and air bordersDevelopments with European partnersThe UK is excluded from full participation in the Frontex Regulation (EU 2007/2004) on Schengen-building grounds. The UK is, however, committed to assist in the strengthening of the external land, sea and air borders of the European Union as migration is a global phenomenon and the problems of irregular migration cannot be addressed by states acting in isolation. The UK, therefore, supports the work of Frontex to co-ordinate the efforts of Member States to raise standards of border management and strengthen the security of the external borders.

In 2008, the UK established the Risk and Liaison Overseas Network (RALON), a network of 100 dedicated risk and liaison officers who provide risk-assessment support to visa services. RALON officers also help us build relationships with and provide training to host governments, foreign missions, local law enforcement and airline staff. They are posted in airports worldwide providing a presence to ensure that those who do not have the right to enter the UK are unable to board the plane in the first place. In 2008/09, approximately 67,000 inadequately documented passengers were prevented from boarding planes to the UK.

In 2009, the UK:

● committed to participate in three air, two sea and one land border operation by deploying experts in debriefing, interviewing and travel documentation. The UK has also deployed UK-based interpreters to assist the debriefers in identifying the nationality and routing of illegal migrants and assist in the identification of facilitators;

● maintained two Seconded National Experts (SNEs) within Frontex Headquarters in Warsaw;

● participated in the quarterly Frontex Risk Analysis Network (FRAN) meetings and provided bi-monthly intelligence reports and statistics;

13 From 2011 the tracking method should be extended to cover commitments made under the Stockholm Programme that will follow on from the Hague Programme and under its accompanying Action Plan. The heading of the subsections and their content may, therefore, be adapted in the specifications for future EMN Annual Policy Reports.

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● led or participated in joint return operations to third countries;

● supported the Frontex training sector in the planning and delivery of their work to raise professional standards amongst the border guards working at the external border;

● attended European Patrol Network (EPN) meetings;

● cooperated in the project to establish a European Surveillance System (EUROSUR);

● loaned freight detection equipment as part of the Central Record of Available Equipment (CRATE);

● assisted Frontex Research and Development by organising a visit to UK Automated Border Controls in Manchester;

● seconded an Intelligence Expert to the Frontex Intelligence Seconded Officer (FISO) Project; and

● actively participated in the Frontex Management Board meetings and workshops.

Developments within the UK1 April 2009 saw the launch of the UK Border Agency, an organisation of 25,000 staff with a presence in 135 countries worldwide (see Section 2.3).

The new Agency aims to improve the UK’s security through the maintenance of strong border controls, while welcoming and facilitating legitimate travellers and trade. It will protect UK borders with single immigration and customs checks, tackle smuggling, immigration crime and border tax fraud and implement fast and fair decisions.

The Borders, Citizenship and Immigration Act 2009 which received Royal Assent on 21 July 2009 fully integrates customs and immigration powers. Establishing a unified force at the border is an element of a wider package of measures to improve and strengthen UK protection infrastructure delivered by the creation of the UK Border Agency (see Section 1.1).

III(b) generalise the issue of biometric visas, improve cooperation between MSs’ consulates and set up joint consular services for visas

In the financial year 2007/2008 UK authorities dealt with over 2.5 million visa applications.

The UK does not participate in the Visa Information System (VIS). However, the UK completed the phased roll-out of its global visa biometric programme in December 2007. All visa applicants, save for a limited number who are exempt, are required to provide their fingerprints and a digital photograph as part of the application process. Biometrics collected are checked against the Immigration and Asylum Fingerprint System (IAFS). Since December 2007 the UK has enrolled four million sets of fingerprints, detecting over 4,000 false identities.

The checking of the biometrics of visa applicants against the Immigration and Asylum database provides Entry Clearance Officers (ECOs) with information relating to immigration or asylum history in the UK. Provision of this information is intended to improve decision making at posts.

The UK Border Agency now checks the fingerprints of visa applicants against the UK police biometric database. As a result, ECOs making decisions on visa applicants are now aware of any previous encounters with the UK police. This enables the ECO to consider the application with regard to the applicant’s criminal behaviour, and assess the credibility of that application with reference to the applicant’s travel history. The check also assists the police in identifying people who are of interest to them in connection with serious crimes or terrorism.

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III(d)solidaritywithMSsubjectedtodisproportionateinfluxesofimmigrantsPlease see commitment IV(c)

III(e) deploy modern technological means for border controlEntry/Exit systemWhilst the UK does not participate in the border control elements of the Schengen Agreement, it is working with the EC to explore the extent to which it is able to develop synergies with the proposals for an EU entry/exit system, and has offered to assist in the evaluation of existing practice.

E-BordersSince the e-Borders pilot project began in 2005, the UK has screened over 147 million passenger movements in and out of the UK against UKBA and police watch lists. This has led to over 5,000 arrests for crimes including murder, rape and assault, and significant counter-terrorism interventions. The UK collects and processes Passenger Name Records (PNR) through the e-Borders programme.

Automated Clearance SystemThe UK’s Automated Clearance System allows eligible passengers to pass through immigration controls via a secure automated gate. These barriers allow the UK to have efficient self-service clearance systems at entry ports to process low-risk passengers more quickly and free up staff to deal with more challenging passengers. Adult British and European Economic Area (EEA) citizens, who hold new biometric e-Passports, can use the barriers. The biometric documents have an embedded chip which holds biographical data and an electronic photo. By comparing the passenger’s face with the photo in the chip, the system can establish whether they are entitled to enter the UK.

Identity cardsThe UK has introduced identity cards for foreign nationals and has now issued over 100,000 such cards. Ninety per cent of foreign nationals will have an identity card by 2015. The UK has also started to roll out identity cards for non-EEA nationals (residence permits). These are in the required EU uniform format and are readable at borders across the EU. Fingerprint readers at the border which are capable of checking the holder’s fingerprints against the information held securely on the chip of the residence permit have also been rolled out.

False documentationThe National Documentation and Fraud Unit (NDFU) provides specialist advice and training on document fraud and examines travel documents for evidence of falsity. In particular it provides witness statements and expert testimony in cases where the findings of UKBA forgery officers are challenged in court. It delivers a published programme of specialist document fraud training throughout the Agency and is a significant contributor to EU training courses. It disseminates material about latest document fraud trends domestically and internationally and has played a key role in the establishment of the EU FADO database.

The UK maintains close links with its European counterparts via the EU False Documents Working Party, a sub-group of the Frontiers Working Group. The UK is represented by the UK Border Agency’s National Document Fraud Unit which is a centre of expertise in all matters concerning travel document fraud. In 2008 UK officers detected over 2,700 fraudulent documents at the UK border.

III(f) intensify cooperation with the countries of origin and of transit in order to strengthen border control

The UK led the €1.1m East Africa Migration Routes Initiative from January 2008–July 2009. This was designed to reduce illegal migration from East Africa and was EU-funded with match funding from the UK, Italy, the Netherlands and Malta.

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Since April 2009, the UK has led a €1.5m Border Strengthening project in Ethiopia. This is EU funded with UK match funding. This includes the training of border guards, the provision of technical border equipment and the facilitation of greater cooperation between Ethiopian migration officials and those in neighbouring countries.

Since 2008, the UK has supported a €2.2m project in the Ukraine, funded by the EU under the auspices of the General Directors of Immigration Services’ Conference (GDISC). This has increased the capacity of Ukrainian migration authorities to manage irregular transit migration.

Please see also commitment V(c) [on capacity building in third countries]

3.1.2 Additional/Complementary developments

In February 2009, it was announced that visa checks were to be introduced for five countries after they failed to pass the United Kingdom’s strict new Visa Waiver Test (UKBA, 2009e). The Visa Waiver Test reviewed all non-European countries and regions to determine the risk their citizens potentially posed to the United Kingdom – in terms of illegal immigration, crime and security – by not having to apply for a visa before they travelled.

Following the Government’s first global review of who needs a visa to come to the United Kingdom, visas will now be required for visitors from Bolivia, Lesotho, South Africa, Swaziland and Venezuela.

Nationals of Bolivia, Lesotho, South Africa, Swaziland and Venezuela already need a visa to work or settle in the United Kingdom, as do all nationals of countries outside the EEA. They are now required to apply for a visa even if they are visiting the United Kingdom for less than six months. In the case of Venezuela, visitors who have new secure fingerprint passports issued since 2007 will be allowed to enter the United Kingdom without applying for a visa.

Visa regimes for Bolivian and Venezuelan nationals began on Monday 18 May 2009.

The temporary visa exemption for South African visitors with a previous travel history to the United Kingdom which began on 3 March 2009 ceased on 30 June 2009, and as of 1 July 2009, all South African visitors require a visa, as will visitors from Lesotho and Swaziland.

Additionally, anyone wishing to travel from Bolivia, Lesotho, South Africa, Swaziland or Venezuela to another country via the United Kingdom will also need a transit visa. The same transit visa requirements have also been extended to Jamaican nationals wanting to pass through the United Kingdom.

On 3 March 2009, the visa regime for Taiwanese passport holders was lifted as a result of the Visa Waiver Test – this only applies to those with full residency rights in Taiwan.

3.2 Refugee protection and asylum

3.2.1 European Pact on Immigration and Asylum

IV(c)solidaritywithMSwhicharefacedwithspecificanddisproportionatepressuresontheirnational asylum systems

The UK supports practical assistance to Member States facing disproportionate pressures, based on the principle of solidarity. The UK’s current involvement in such assistance includes taking part in the Frontex Nautilus project, offering short-term deployment of experts on debriefing of illegal migrants and sharing of expertise on enforced or voluntary return of illegal migrants, document checks and language analysis with countries under pressure.

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Specifically, in Greece the UK is working closely with the Greek authorities on a range of migration issues, offering assistance in both tackling illegal migration and identifying those with a genuine need of protection. It is also offering technical assistance in piloting a language analysis programme to identify nationality swapping, and supporting Greece to design and implement a sustainable Assisted Voluntary Return (AVR) programme. The UK has:

Assisted Greece in setting up an AVR scheme through secondment of UK officials and provision of expertise through:

● securing the attendance of a Greek delegation to a UK AVR seminar;

● meeting with IOM in Greece to explore future working; and

● holding a session on AVR to be run as part of a two-day event.

Provided training for Greek police in asylum decision making through:

● the secondment of two asylum quality assurance officers to provide training as part of a UK-Dutch initiative; and

● the running of a pilot language analysis project to reduce the incidence of nationality swapping and increase returns, including a discrete package of training and assistance to allow Greeks to run language analysis through Sprakab, the UK’s language analysis service provider.

● In Malta, the UK participates in the GDISC Pilot Project on Particular Pressures, which supports Malta by providing specialist knowledge and expert services in the field of asylum determination and processing. The UK is responsible for the language analysis component of the pilot project, and by its end in early 2010 will have funded 50 requests for language analysis. As part of the project the UK has so far carried out the following activities:

● sent UK immigration staff to Malta during the last week of June 2009 to train two Maltese officials to process requests for language analysis and record subsequent interviews; and

● processed 15 of a total of 50 requests for telephone language analysis, including requests for language analysis in Somali cases. Nine reports have so far been received.

IV(e) MS are invited to provide the personnel responsible for external border controls with training in the rights and obligations pertaining to international protection

All UK Border Agency staff working at national borders receive training on human rights. Frontline Immigration Officers receive two-hour sessions aimed at raising awareness of the principles of the Human Rights Act 1998. They are given human rights guidance material and are taught the rights conferred by the Act. They are also instructed in which articles are Absolute, Qualified or Limited, and how these articles could impact on what they do at work. They are instructed on exemptions and that any action taken in accordance with the Act must be legal, legitimate and proportionate.

UK staff deployed to the external EU borders to participate in Frontex operations as guest officers receive the same training as Frontline Detection Officers working at national borders. Officers are initially given Human Rights information within their Guided Learning Packs which they are required to read prior to joining their course. During the course they have a one-and-a-half-hour session where the Human Rights Act is fully discussed. A list of the various articles, their importance and impact on the business is also introduced and later reinforced in a RIPA (Regulation of Investigatory Powers Act 2000) session.

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3.3 Unaccompanied minors (and other vulnerable groups)

3.3.1 European Pact on Immigration and Asylum

No explicit mention is made in the objectives of the Pact on this aspect and, therefore, no information is provided here.

3.3.2 Additional/Complementary developments

Effective from 2 November 2009, Section 55 of the Borders, Citizenship and Immigration Act 2009 introduced a statutory duty on the Home Secretary to make arrangements to ensure that UK Border Agency functions are discharged having regard to the need to safeguard and promote the welfare of children who are in the UK. This statutory duty extends to all UK Border Agency staff and those acting on behalf of the UK Border Agency when carrying out immigration functions in relation to children within the UK (as a matter of policy, UK Border Agency staff working overseas are also expected to abide by the spirit of the new duty).

The introduction of this new statutory duty was accompanied by the publication of new guidance, ‘Arrangements to Safeguard and Promote the Welfare of Children for those Exercising UK Border Agency Functions’ (UKBA, 2009f). The new general guidance replaced the ‘Code of Practice for Keeping Children Safe from Harm’ (UKBA, 2008a).

The key principles that need to inform UKBA actions are as follows,

● In accordance with the UN Convention on the Rights of the Child: the best interests of the child will be a primary consideration (although not necessarily the only one) when making decisions about his or her future.

● No child should be discriminated against through being a child, or on the grounds of gender, race, religion, disability, sexual orientation or culture.

● The views and wishes of the child should be sought and taken into account whenever decisions affecting them are made. This should be done in a way that takes account of the child’s age and maturity.

The new statutory duty is not regarded as imposing any new functions or overriding existing functions but is concerned with ensuring good handling of children through the immigration process and with child protection. References to the new statutory duty were also inserted into the relevant staff instructions to assist UK Border Agency staff to be as responsive as possible to the needs of the children involved, without overriding the purpose of their work.

3.4 Economic migration

3.4.1 European Pact on Immigration and Asylum

I(a) Implement policies for labour migrationIn the financial year 2008/09, the UK made around 1.2 million decisions on applications for extensions to stay, nationality, the workers’ registration scheme, the points-based system and work permits.

During 2009, the UK continued to implement its points-based system (PBS) for economic migrants. The PBS comprises five Tiers and the categories of migrant covered by it are:

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Tier 1 (launched in April 2008) – highly skilled migrants;

Tier 2 (launched in November 2008) – skilled workers with a job offer;

Tier 3 (suspended) – low-skilled workers;

Tier 4 (launched in March 2009) – students; and

Tier 5 (launched in November 2009) – temporary workers (categories include those covered by government-authorised schemes, international agreements and youth mobility schemes).

Key objectives of the new system are:

● to provide a flexible framework in which migration policy can be adjusted to respond to economic and labour market circumstances: the PBS directly links decisions to admit migrants to objective tests and the awarding of points for attributes which are closely associated with labour market success and a positive contribution to the economy. The UK has established an independent body (the Migration Advisory Committee) with the right economic and labour market expertise to advise the Government on adjustments to the criteria and assessments of skill shortage that inform operation of the system; and

● to ensure that those who benefit from migration share the responsibility of managing it: in order to recruit workers (other than Tier 1 workers) or enrol students from outside the EU, employers and educational establishments must be registered as sponsors with the UK Border Agency. Registered sponsors have to show that they could not fill the vacancy from within the EU labour market. They are also required to report non-attendance at work and significant changes to a migrant’s terms of employment.

While employers and other sponsors have additional responsibilities, they also derive benefits from the registration system. For example, once a particular employer has been licensed, procedures for sponsoring an overseas worker are significantly quicker than they were under the previous work permit system.

The Migration Advisory Committee (MAC) advises the Government on migration issues by providing independent, evidence-based advice on specific sectors and occupations in the labour market where shortages exist which can sensibly be filled by migration. The Government may, from time to time, ask the MAC to advise on other matters relating to migration. The MAC’s recommended shortage occupation lists were first published in September 2008 and will be partially reviewed every six months, with a full review every two years.14

In November 2009, the UK announced a policy review of the student visa tier of PBS. The review will consider the case for raising the minimum level of course for which foreign students can get a visa; introducing mandatory English language testing for student visas other than for English courses; and changing the rules under which students on lower qualification courses work part-time, especially those on short courses.15

14 Further information can be found at : http://www.ukba.homeoffice.gov.uk/aboutus/workingwithus/indbodies/mac/aboutthemac/

15 The first changes were introduced on 3 March 2010 with further changes to follow on 6 April 2010 with the introduction of highly trusted sponsors.

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I(b) increasetheattractivenessoftheEUforhighlyqualifiedworkersandfurtherfacilitatethereception of students and researchers

While the UK has not opted into the Blue Card Directive, Tier 1 of the points-based system (PBS) is intended to attract highly qualified migrants from outside the EU. In the Tier 1 (General) category, points are awarded on the basis of qualifications and previous earnings. Those who are admitted under this category are given free access to the labour market and may take and change employment without requiring further authorisation from the relevant authorities and without their employment being subject to a Resident Labour Market Test.

The Tier 1 (post study) category is designed to increase the attractiveness of the offer the UK makes to foreign nationals who come to the UK for higher education: those who graduate in the UK may be granted free access to the labour market for a maximum of two years upon completion of their studies.

During 2009, the UK has used the flexibility afforded by the PBS to adjust these provisions in order to reflect current economic and labour market developments. Tier 1 criteria were tightened in March 2009 by raising the qualifications and salary level required for Tier 1 of the PBS to a Masters degree and a minimum previous salary of £20,000. At the same time the Resident Labour Market Test (RLMT) for Tier 2 skilled jobs was strengthened by requiring that employers must advertise jobs to resident workers through JobCentre Plus before they can bring in a worker from outside Europe.

I(c) Do not aggravate the brain drainThe UK recognises that migration can have both positive and negative affects for developing countries, including the problem of ‘brain drain’.

Therefore, the National Health Service has a policy of ‘ethical recruitment’, ensuring that medical officials from developing countries are not actively targeted for recruitment. In addition, the UK is supporting a programme to strengthen the public health service in Malawi. This includes an emergency human resource programme designed to address loss of health workers, including through salary top-ups.

3.4.2 Additional/Complementary developments

In March 2009, the UK Border Agency introduced Tier 4 of the points-based system to replace existing provisions for regulating the admission of students from outside the EEA. The new arrangements link the admission of non-EEA students to sponsorship by an educational institution licensed by UKBA for that purpose. The licensing regime is designed to ensure that only those institutions offering courses of genuine educational value will be able to bring non-EEA students to the UK.

Changes made to the Immigration Rules in March 2009 also reintroduced the skilled worker category for representatives of overseas newspapers, news agencies and broadcasting organisations as well as amending existing provisions relating to sole representatives of overseas businesses so as to introduce an English language requirement (UKBA, 2009g). Most representatives of overseas newspapers, news agencies and broadcasting organisations will be eligible to apply under Tier 2 of the new points-based system. However, a small number of individuals may not qualify under Tier 2 as they do not have a sponsor based in the United Kingdom.

In August 2009, the Migration Advisory Committee produced a report making a number of recommendations relating to Tier 2 (skilled workers) of the points-based system, including changes to the number of points awarded for salary and changes to the criteria relating to intra-company transfers. The Government subsequently announced that it would accept the recommendations. The changes will be made during the first half of 2010. The MAC subsequently produced a further report, with recommendations, in connection with Tier 1 of the points-based system.

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In April 2009, the Government announced that it would maintain strict working restrictions for Eastern Europeans (UKBA, 2009h). The Worker Registration Scheme enables the Government to monitor the work that nationals from the Member States that joined the EU in 2004 do, and where in the country they do it – and so better plan for local services and ensure migration is working for the British labour market and the country as a whole.

In November 2009, it was also announced that restrictions on working in the UK currently applied to nationals from Bulgaria and Romania (the A2 countries) would continue until the end of 2011. The decision was seen to ensure that the UK continues to benefit from the positive economic contribution made by these migrants, whilst also protecting British workers and managing the numbers coming to the UK in the national interest.

In September 2009, the Regulations applied to accession workers were amended to remove any employment restrictions on the family members of workers from those countries.

On 1 June 2009, the UK Border Agency changed its policy on the dependants of Turkish citizens who are already legally in the UK (UKBA, 2009i). The definition of dependants who could apply for permission to extend their stay in the UK under the terms of the European Community Association Agreement (ECAA) with Turkey was expanded to be in line with the definition of family members under the points-based system for immigration. A ‘dependant’ is now defined as the husband, wife, civil partner, unmarried partner, same-sex partner or child of a person with valid permission to stay under the ECAA.

3.5 Family reunification

3.5.1 European Pact on Immigration and Asylum

I(d) To regulate family migration more effectively The UK’s Immigration Rules make provision for the admission of a refugee’s spouse, civil partner, unmarried/same sex partner, and minor children to be reunited with those whom the UK has recognised as refugees or who have been given subsidiary protection (known as Humanitarian Protection in the UK). The UK’s Immigration Rules do not require the refugee sponsor (or the person granted Humanitarian Protection) to demonstrate that he fulfils the normal maintenance and accommodation requirements.

3.5.2 Additional/Complementary developments

An overseas national who is subject to immigration control can apply for permission to enter or remain in the United Kingdom as the husband, wife, civil partner, fiancé(e), proposed civil partner or unmarried/same-sex partner of someone who is settled or applying for settlement in the United Kingdom. This permission is generally known as a ‘marriage visa’, but it also covers partners who are not married.

In February 2009, the UK Border Agency published a code of practice16 setting out how it would deal with an application for a marriage visa or permission to remain in the United Kingdom as a husband or wife if someone is identified as vulnerable to a forced marriage (UKBA, 2009j).

The code is primarily aimed at both Entry Clearance Officers overseas and caseworking teams in the United Kingdom. It was completed following extensive consultation across the UK Border Agency, and with the Government’s Forced Marriage Unit.

16 http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section1/annexa2.pdf?view=Binary date accessed 20 January 2010

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The code will give greater certainty to victims of forced marriage that the UK Border Agency has an effective system in place to deal with forced marriage. It will also ensure that cases are dealt with consistently and appropriate support is offered to victims. It is the most comprehensive staff guidance that the UK Border Agency has produced on forced marriage.

In November 2009, in the command paper for the draft Simplification Bill, the UK Border Agency announced plans to strengthen case-working procedures and conduct more interviews to tackle the problem of sham marriage. It will also consider taking new powers – to require the settled spouse or partner to provide biometric identity verification and to introduce civil penalties for those who make false statements to the UK Border Agency or who knowingly fail to notify the UK Border Agency if their circumstances change. However, decisions in the courts have weakened the current scheme for issuing certificates of approval before ceremonies take place. The scheme is no longer effective and it will be withdrawn: the UK will be bringing forward a Remedial Order under the Human Rights Act 1998 to achieve this.

The UK will also introduce a package of measures to strengthen the registration regime for EEA nationals, third-country spouses and family members. It intends to enhance identity verification for those applying for residence on the basis of marriage to an EEA national, so that third-country nationals cannot acquire free movement rights under a false identity.

The UK will undertake more robust checks of the genuineness of these relationships. Where abuse is suspected, they will conduct face-to-face interviews in order to identify those who may have entered into a marriage of convenience to an EEA national solely to gain residence rights in the UK.

The UK will also focus enforcement resource to bring to justice the organised criminal networks who profit from facilitating sham marriage, as well as the individuals who benefit from it.

3.6 Other legal migration

3.6.1 European Pact on Immigration and Asylum

I(f) Improve information on the possibilities and conditions of legal migrationOverseas, the UK is working to inform customers about its visa system, immigration controls and restrictions at the UK border, including rules covering restrictions on goods entering the UK. For example, UK staff in Nairobi have been working with the producers of a popular Kenyan soap opera to promote messages about illegal migration. The team worked with the TV production company to fund and agree storylines on migration-related themes, which the company agreed to continue in the next series free of charge.

All information on legal migration is available on the UK Border Agency website at http://www.ukba.homeoffice.gov.uk. The website provides in-depth and detailed information on the processes involved for those seeking to enter the UK to visit, work, claim asylum, or seek residency and citizenship. The website also holds information on visas, travels and customs (goods).

3.6.2 Additional/Complementary developments

In June 2009, the Government announced an agreement with the Government of Belarus which has seen the resumption of visits for children affected by the Chernobyl incident to the UK on charity-sponsored respite visits (UKBA, 2009k). The agreement allows for the immediate resumption of visits by Belarusian children under the age of 14. It will remain in force for the next five years and will be automatically extended by five-year periods thereafter. Chernobyl-affected children have been travelling on respite holidays to the West since the early 1990s on free visas (all visas were free at this time for ex-USSR countries). In 1995 charging for visas was introduced in the region, with an exemption for Belarusian children affected by the Chernobyl disaster.

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3.7 Integration

3.7.1 European Pact on Immigration and Asylum

I(g) Promote harmonious integration in line with the common basic principlesResponsibility for social cohesion in the UK rests with the Department for Communities and Local Government (DCLG). The DCLG has introduced a delivery agreement, known as PSA21,17 in which government departments and local authorities are key delivery partners. The overall aim of the agreement is to build more cohesive, empowered and active communities and within the agreement there is specific reference to the role of the UK Border Agency in promoting migrant integration:

‘Effective integration of those who do make the UK their home, including embracing a common language and an understanding of life in the UK, is also important to community cohesion, and is a central part of the managed migration policies and refugee integration policies the Border and Immigration Agency (now renamed the UK Border Agency) have developed.’

(PSA21, 2007, p.21)

The UK has invested heavily in promoting migrant integration. For example, in 2008, £250 million was spent on language programmes for migrants. A specially developed package of teacher resource materials is used to deliver these programmes, which allow participants to learn about UK history and culture, the law, educational and employment issues and the democratic process, whilst developing their language skills.18 A handbook entitled, ‘Life in the UK: A Journey to Citizenship’ has been produced which gives newcomers useful factual information about the UK. During 2009, supporting materials that will appeal to different learning styles have been developed to augment this publication.

The UK is also a beneficiary of the European Integration Fund (EIF). Examples of EIF projects include the delivery of ESOL and life skills courses, IT training, introductory programmes informing new arrivals of the systems and norms of the UK, mentoring schemes, ‘Life in the UK’ classes19 to help individuals move towards citizenship and community events to promote contact and understanding between communities.

The UK accepts that migration can bring short-term pressures on local public services and has established the Migration Impacts Fund to support local areas managing the transitional impacts of migration (DCLG, 2009). The funding works alongside the Government’s points-based system (see Section 3.4). This money will be made available to local services across the country, including police, schools and hospitals. Nearly 200 projects will receive funding. These include those introducing tougher measures to crackdown on rogue employers, those creating more teachers in schools to ensure good results for all and those increasing GP registration, cutting pressures on emergency services.

I(h) Promote information exchange on best practices in terms of reception and integrationThe UK Department for Communities and Local Government (DCLG) has an informative website on generic cohesion topics. This includes, for example, a “toolkit” for organisations seeking to undertake activities intended to build more cohesive communities. The website can be accessed at: http://www.communities.gov.uk/communities.

Information about work, housing, access to healthcare, education and other topics that migrants might need to assist their early integration can be found on the UK Border Agency website at http://ukba.homeoffice.gov.uk/newcomerstotheuk. This website includes links to other government sites that have more detailed information should individuals wish to access them.

17 Available at: http://www.hm-treasury.gov.uk/d/pbr_csr07_psa21.pdf18 These materials can be found at: http://www.esolcitizenship.org.uk19 Further information cane be found at: http://www.lifeintheuktest.gov.uk/htmlsite/index.html

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The UK Border Agency website also has information about priorities and achievements in the field of integration which can be accessed at http://www.ukba.homeoffice.gov.uk/aboutus/workingwithus/workingwithasylum.

3.7.2 Additional/Complementary developments

The UK offers further support for those trying to integrate. Requiring migrants to demonstrate knowledge of the English language and life in the UK is an important part of encouraging integration, and is now an established element of the path to settlement in the UK (see Section 3.8). The Government is currently seeking views on broader proposals to support integration, and will work with the devolved administrations and local authorities as it explores these.

‘Time Together’ is a mentoring scheme for refugees which was pioneered by Time Bank in 2002. It was developed in response to the Government White Paper, ‘Secure Borders, Safe Haven: Integration with Diversity in Modern Britain’ which recommended mentoring as a means to help refugees integrate in the UK. By 2008, over 2,000 refugees had been matched with a volunteer in order to facilitate their integration into UK society. Independent evaluations concluded that Time Together had a positive impact on the integration of refugees in terms of achieving potential, contributing to the community and accessing services. The Refugee Integration and Employment Service (RIES), which went live in October 2008, includes a mentoring service which builds on the success of the Time Bank model.

The Government is currently consulting on the possibility of social or vocational mentoring programmes for non-refugee migrants along the lines of the Time Bank initiative. Social mentoring can help develop better mutual understanding between cultures, whereas vocational mentoring can develop work skills and improve employability. The Government is proposing that orientation days take place for migrants, run by local authorities in order to facilitate migrants’ integration into the local community, whilst providing local authorities with valuable data about who is living in the community and enabling them to reach out to new arrivals.

3.8 Citizenship and naturalisation

3.8.1 European Pact on Immigration and Asylum

No explicit mention is made in the objectives of the Pact on this aspect and, therefore, no information is provided here.

3.8.2 Additional/Complementary developments

The UK Government has introduced a system of ‘Earned Citizenship’ in the Borders, Citizenship and Immigration Act 2009.20 This establishes the principle that British citizenship is a privilege which must be earned, and provides mechanisms to speed up or slow down the journey towards settlement. The principle of ‘Active Citizenship’, the means by which migrants can speed up access to UK nationality, is firmly rooted in the concept that joining in with others in the community can positively influence an individual’s integration into UK society.

In order to develop this concept, the UK Government has issued a consultation document which seeks views on a points test within the earned citizenship system.21 This test aims to challenge what has been perceived as an automatic right to move from temporary residence to permanent settlement. The document also stresses the need to ensure that those who have earned the right to, or are on the

20 Further information on the Borders, Citizenship and Immigration Bill can be found at:http://services.parliament.uk/bills/2008-09/borderscitizenshipandimmigration.html

21 Further information on all consultation documents can be found at: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/consultations/221878/earning-the-right-to-stay/

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path to British citizenship are given the support they need to integrate into the community. It goes on to outline proposals to look afresh at the provision of integration support and at the requirements for knowledge of the English language and life in the UK that are placed on new citizens. It acknowledges that for those who wish to make the UK their home and earn the privileges of settlement under the new system, the Government has a responsibility to support them in integrating fully and enabling them to contribute to their new communities.

The UK Government has already taken a number of steps to ensure migrants have the skills and information they need to become full and active participants in UK society. Requirements for those applying for citizenship to have a minimum standard of English language and ‘Knowledge of Life in the UK’, for example, have been in place for a number of years.

At present, there are two ways in which applicants can meet the language and knowledge of life in the UK requirement:

● by successfully taking the ‘Life in the UK’ test, based on the information contained in the handbook “Life in the United Kingdom: A Journey to Citizenship”; or

● for those whose competence in English is below English for Speakers of Other Languages (ESOL) Entry 3 level, by showing they have progressed from one ESOL level to the next on a language course that incorporates specially commissioned citizenship materials about life in the UK.

The UK is currently assessing the practicalities of launching an alternative approach to testing language and knowledge of life in the UK requirements, where applicants would be tested twice before being granted citizenship:

● a test based on practical issues from the handbook at the probationary citizenship stage including UK society, customs, traditions, geography, health, education, employment, the law; and

● a test on more challenging topics at British citizenship stage (history, how the UK is governed, relations with Europe and the rest of the World, voting rights, community engagement).

3.9 Illegal immigration

3.9.1 European Pact on Immigration and Asylum

II(a) only case-by-case regularisation The UK has not undertaken any generalised regularisation programmes since the adoption of the Migration Pact.

All asylum and human rights claims, whether they are from those who enter the UK legally or illegally, are carefully considered on their individual merits in accordance with the 1951 United Nations Convention Relating to the Status of Refugees (‘the 1951 Convention’) and the European Convention on Human Rights (ECHR) against the background of the latest accurate, objective, sourced and up-to-date information on asylum seekers’ countries of origin produced by the UK Border Agency Country of Origin Information Service.

If an applicant demonstrates a need for international protection and they meet the definition of a refugee under the terms of the 1951 Convention, asylum is granted. If they are otherwise vulnerable they may engage UK obligations under the ECHR, in which case they will be granted Humanitarian Protection or Discretionary Leave. If their application is refused, they have a right of appeal to the Asylum and

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Immigration Tribunal (AIT) or an opportunity to seek judicial review through the higher courts.

II(g) take rigorous actions and penalties against those who exploit illegal immigrantsThe UK Government chose not to opt into the Sanctions against Employers of Illegally Staying Third Country Nationals Directive. However, the UK Government is committed to tackling illegal migrant working and its harmful social effects and the UK’s domestic controls on the employment of illegal workers are similar in many respects to the provisions in the EU directive.

The UK’s introduction of civil penalties in February 2008 means that the UK has a number of measures already in place to deal effectively with illegal employment issues. The UK’s civil penalties system goes further in some respects than the EU directive, in that UK law also applies to those legally present but who are working in breach of their immigration conditions, and requires employers of migrants with a temporary immigration status to conduct follow-up checks.

During the introduction of the civil penalties system, the UK Government gave a commitment to increase the support and guidance available to employers to identify illegal migrant workers. There are now a number of guidance manuals, support help lines and websites available to UK employers to help support them in identifying illegal migrant workers. Since the new rules to combat illegal working were introduced in February 2008, over 2,700 fines worth over £27 million have been issued. The UK Border Agency has also issued 90,000 ID cards to foreign nationals as part of the drive to tackle illegal working.

As part of the UK’s Policing and Crime Bill employers can also be provided with a joint criminal records and right to work verification service, verifying the status of prospective employees (on a voluntary basis).

3.10 Actions against human trafficking

3.10.1 European Pact on Immigration and Asylum

II(e) cooperation with the countries of origin and of transit, in particular to combat human traffickingandtoprovidebetterinformationtocommunitiesunderthreat

With the aim of making the UK a hostile environment for trafficking, and to protect victims and potential victims from this crime, the UK has a comprehensive victim-centred end-to-end strategy in place to tackle human trafficking, contained in an Action Plan first launched in March 2007, updated in summer 2008 and refreshed in autumn 2009 (UKBA, 2009l).

The UK ratified the Council of Europe Convention on Action against Trafficking in Human Beings on 17 December 2008, which came into force on 1 April 2009. As part of the implementation, the UK initiated a National Referral Mechanism (NRM) to assist in victim identification and support provisions. The NRM is a framework, informed by international best practice, which is designed to make it easier for all the different agencies that could be involved in a trafficking case – e.g. police, UKBA, local authorities, and NGOs – to cooperate, to share information about potential victims and facilitate their access to advice, accommodation and support.

Between 1 April 2009 and 30 June 2009 a total of 148 referrals into the National Referral Mechanism were recorded by the UK Human Trafficking Centre (UKHTC). The individuals referred originated from a range of different countries, with the highest numbers coming from China, Nigeria and Vietnam.

There have been 111 convictions for trafficking for the purpose of sexual exploitation under the Sexual Offences Act, seven convictions for labour trafficking and three for conspiracy to traffic (to July 2009).

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The UK has enhanced support arrangements for victims of trafficking as part of the implementation of the Council of Europe Convention. Measures include granting identified victims an extendable 45-day recovery period and one-year temporary residency permits in certain circumstances. These measures go further than the minimum standards outlined in the Council of Europe Convention against Trafficking. The UK Government has consequently invested £4million into specialist support services for victims of human trafficking over the next two years.

The UK Crown Prosecution Service has undertaken capacity building in a number of jurisdictions by helping to improve the investigation and prosecution of offences. To date this has primarily focused on the Caribbean, West Africa, China and Afghanistan with CPS prosecutors also recently appointed to work in Sierra Leone and Ghana to continue this work. Additionally, as part of the ongoing project with criminal justice partners in Holland to combat trafficking in Nigeria, prosecutors have delivered training to Nigerian judges, prosecutors and investigators to improve their response to human trafficking.

The UK has supported programmes that are specifically focused on preventing trafficking. Under the Civil Society Challenge Fund, it is currently supporting an anti-child-trafficking project in Malawi run by the Salvation Army and a project to reduce the vulnerability of migrant women workers in the Tak province in Thailand.

3.11 Return migration

3.11.1 European Pact on Immigration and Asylum

II(b) To conclude readmission agreements at EU or bilateral levelThe UK has opted into all 18 Commission mandates for the negotiation of European Community Readmission Agreements (ECRAs) and has also negotiated seven bilateral readmission agreements. ECRAs currently in force that the UK is party to include: Russia; Sri Lanka; Hong Kong; Macau; Ukraine; Albania; Former Yugoslav Republic of Macedonia; Serbia; Montenegro; Bosnia-Herzegovina; and Moldova. Outstanding ECRA mandates that the UK has opted into include: Morocco; Pakistan; Algeria; China; Turkey; Georgia and Cape Verde.

The UK currently operates two bilateral readmission agreements with Switzerland and Algeria. The purpose of these agreements is the same as that of the ECRAs, that is, to intensify cooperation on returns with countries of origin and transit in order to tackle illegal immigration.

II(f) To devise incentive systems to assist voluntary return and to keep each other informedThe UK has well-established Assisted Voluntary Return (AVR) programmes, having begun these in 1999. Programmes are operated on behalf of the UK Government by the International Organization for Migration (IOM) and aim to provide a dignified and sustainable method for people to return to their country of origin. IOM also conducts the associated external marketing of the programmes.

There are two main UK AVR programmes – the Voluntary Assisted Return and Reintegration Programme (VARRP) and the Assisted Voluntary Return of Irregular Migrants (AVRIM) programme. VARRP is essentially a programme for those in the asylum system or those whose claim has been refused; AVRIM is for irregular migrants such as illegal entrants, trafficked people, smuggled people, or visa over-stayers. Both programmes provide support in acquiring travel documentation, flight to country of origin and onward domestic transport and airport assistance at departure, transit (if needed) and arrival airports.

The programmes differ in that VARRP offers reintegration assistance which can take the form of business set-up, education, vocational training or job placements. This assistance is ‘in kind’ and only available after return to the country of origin. Additional assistance for VARRP returnees includes a £500 cash relocation grant on departure for immediate resettlement needs, assistance with excess baggage and short-term accommodation (if needed). AVRIM does not generally offer reintegration assistance because the

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UK Government would not want it to serve as a pull-factor to enter the UK illegally.

Despite this, some groups that the UK classes as vulnerable may be eligible for extra assistance, for example, victims of trafficking, unaccompanied minors or those with impaired health or mobility. Eligibility for this extra assistance is dealt with on a case-by-case basis by the AVR Team at the UK Border Agency.

For VARRP only, an added incentive was offered to Iraqi and Afghan nationals so that they could use extra reintegration assistance specifically for rebuilding homes that had been destroyed in the conflicts in those countries. This was a one-year pilot programme which started on 1 September 2008 and ended on 31 August 2009.

VARRP returns are now in the region of 2,700 to 2,900 per year, contributing roughly 20–30 per cent of all asylum based removals from the UK. AVRIM returns in 2008 numbered approximately 1,600.

Because of data protection constraints the UK does not provide detailed information on each person returned on an AVR. However, return statistics including nationality are published on the external UK Border Agency website. Furthermore, the UK is always keen to exchange best practice with other EU member states.

3.12 External relations/Global Approach

3.12.1 European Pact on Immigration and Asylum

V(a) conclude EU-level or bilateral agreements with the countries of origin and of transit containing clauses on legal and illegal migration as well as development

The UK took part in discussions in 2009 on an agreement between the EU and LAC (Latin America and Caribbean states), looking at all three pillars of the Global Approach. A broad agreement was concluded, examining a number of issues covering migration and development.

The UK is also taking part in discussions on a number of other EU-level agreements which are likely to contain references to legal and illegal migration as well as development. It should, however, be noted that the UK’s opt-in applies to certain aspects of such agreements. A number of bilateral agreements cover legal and illegal migration issues, but no specific agreements covering migration and development have yet been concluded.

See also commitment II(b) [on readmission agreements]

V(b) offer the nationals of partner countries to the East and South of Europe opportunities for the legal immigration

The UK is open to exploring the concept of circular migration, in particular the potentially positive effects it could have for development. The UK does not currently have any schemes promoting circular migration and offering incentives for either inward or outward migration, although it is open to considering this. Any development of initiatives encouraging circular migration would need to be compatible with the UK’s new points-based immigration system which is designed to offer a simplified and more efficient and transparent decision-making process.

The UK has put no arrangements in place to provide nationals of partner countries to the East and South of Europe with opportunities for legal migration since the adoption of the Migration Pact. Third-country nationals may apply to enter the UK through the points-based system (see commitment I(a)).

V(c) cooperation with the countries of origin and of transit in order to deter or prevent illegal immigration

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The UK is leading the returns element of an EU-led, International Centre for Migration Policy Development (ICMPD) managed migration capacity-building programme in Ukraine. As part of this project workshops have been held in the Ukraine, sharing UK experience in the area of returns. In July 2009, the UK hosted a study visit by Ukranian officials to the UK.

The UK has also been working on a project in the East of Africa with the International Centre for Migration Policy Development through EU Aeneas Programme funding. The project aimed to reduce illegal immigration through this route, working with countries on practical measures to tackle this issue. It included a number of information campaigns and work with third-country officials to increase third countries’ capacity to deal with the problem upstream.

In 2009, the UK has continued a project in Libya which works with IOM to return migrants to their country of origin in an efficient and dignified manner. Since 2006, this project has returned more than 4,000 individuals. The UK has also been engaged in bilateral capacity-building work, e.g. on document security training and translation skills.

In Turkey, the UK has been involved in funding an assisted voluntary returns project, as well as work on border control, specifically identifying document fraud, and facilitating the exchange of expertise between the UK and Turkey on a range of migration issues. We are also working on twinning projects on asylum and removal of illegal migrants.

The concept of enhancing assisted voluntary return capability in Ukraine is being developed, and the UK is seeking ways to work bilaterally with the IOM locally to increase returns numbers.

The UK is also posting an additional officer to its Kiev Embassy, specifically to work on better identification of the routes used by migrants transiting Ukraine with the aim of entering the UK illegally. Success here will lead to greater cooperation with local law enforcement agencies, and a reduction in such transit migration.

V(d) More effective integration of migration and development policiesThe UK firmly supports the Commission’s efforts on the Policy Coherence for Development, aiming to ensure that other policy areas do not negatively impact upon developing countries. The Department for International Development (DFID) produced a report in 2007 (‘Moving out of poverty – making migration work better for poor people’) that underlines UK support for identifying the important linkages between these two policy agendas.

V(e) promote co-development actions and support instruments for transferring migrants’ remittances

The Department for International Development (DFID) helped establish the ‘sendmoneyhome.org’ website that aims to bring clarity and transparency to

the remittances sector for migrant communities living and working in the UK who send money home. It is now wholly managed by the private sector and continues to support migrants in the UK. The UK is also participating in the G8 working group on remittances, and is looking at ways of facilitating money transfers using innovative IT methods, such as mobile phones and smartcards.

3.13 Additional policy changes

From 8 April 2009, the deportation referral threshold for European criminals was reduced from 24 months’ imprisonment to 12 months for drugs, violent and sexual offences. This means these offenders will be automatically considered for deportation.

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4. Implementation of EU legislation

4.1 Transposition of EU legislation 2009

2009/1117Immigration (European Economic Area) (Amendment) RegulationsThese Regulations amend the Immigration (European Economic Area) Regulations 2006, which implement Directive2004/38/EC.22 This Directive referes to the free movement of citizens of the EU and their family members.

2009/892Accession (Immigration and Worker Registration) (Amendment) RegulationsThese Regulations amend the Accession (Immigration and Worker Registration) Regulations 2004,23 which regulate access to the United Kingdom labour market by A8 nationals.

22 Further information can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004L0038:en:NOT

23 Further information can be found at: http://www.opsi.gov.uk/si/si2009/uksi_20090892_en_1

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Annex Methodology, terms and definitions

This report is based on desk-based research and no primary research was undertaken. The majority of the information was provided by individuals from the Home Office’s UK Border Agency and other government organisations (Department for Communities and Local Government, Department for International Development). These individuals were the primary source of information to help track and monitor the implementation of the European Pact on Migration and Asylum.

The primary source of the information about the policy and legislative changes and developments during 2009 came from UK Border Agency and Home Office press releases and published reports. These reports are publicly available and can be found at: http://www.ukba.homeoffice.gov.uk and http://www.homeoffice.gov.uk.

Other websites, including those of news media, national newspapers, independent organisations and NGOs, were also used to access published reports and as sources of information concerning specific areas of asylum and migration.

The definition given in the original specification provided to EMN National Contact Points (NCPs) was used to determine whether or not a debate or development would be deemed ‘significant’. That is, ‘an event which has been discussed in the national parliament and had been widely reported in the media’. During 2009, there were a number of national and parliamentary debates which were concerned with asylum and migration issues. In order to identify these debates, media analyses conducted by the Analysis, Research and Knowledge Management Directorate were used. A limitation of the analysis, however, was that it covered only a short period of 2009. All other debates which were not covered in this period were identified using internet searches on the UK Border Agency and news media websites. Those debates that also received a high level of attention in the media (e.g., news and national newspaper websites) are included in the report.

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References

British Red Cross (2009) Perceptions of refugees poll. Retrieved 14 August 2009 from the British Red Cross website: http://www.redcross.org.uk/standard.asp?id=95801

Community Care (2009) Appeal court ruling removes free care from failed asylum seekers. Retrieved 24 August 2009 from the Community Care website: http://www.communitycare.co.uk/Articles/2009/03/30/111159/appeal-court-ruling-removes-free-care-from-failed-asylum-seekers.html

Cormacain, R., Donovan, N., Macdonald, A. and Meyersfeld, B. (2009) Suspected War Criminals and Génocidaires in the UK Proposals to Strengthen our Laws.

Retrieved 26 October 2009 from the Aegis Trust website: http://www.aegistrust.org/images/reports_briefings_2009/suspected_war_criminals_and_genocidaires_in_the_uk.pdf

Department for Communities and Local Government (DCLG) (2009) Migration Impacts Fund. Retrieved 3 December 2009 from the DCLG website: http://www.communities.gov.uk/communities/racecohesionfaith/asylumandimmigration/migrationimpactfund/

Department for Health (DH) (2009a) Asylum seekers and refugees. Retrieved 24 August 2009 from DH website: http://www.dh.gov.uk/en/Healthcare/International/AsylumseekersAndrefugees/index.htm

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Finch, T., Latorre, M., Pollard, N. and Rutter, J. (2009) Shall We Stay or Shall We Go? Re-migration trends among Britain’s immigrants. Retrieved 24 August 2009 from the IPPR website: http://www.ippr.org.uk/publicationsandreports/publication.asp?id=685

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United Kingdom Border Agency (UKBA) (2009b) Gurkhas are given right to settle in the United Kingdom. Retrieved 17 August 2009 from the UKBA website: http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/gurkhas-right-to-settle?area=allNews

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United Kingdom Border Agency (UKBA)(2009c) Exclusion of individuals from the United Kingdom for engaging in unacceptable behaviour. Retrieved 17 August 2009 from the UKBA website: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/managingourborders/exclusion-uk-individuals/exclusion-uk-individuals?view=Binary

United Kingdom Border Agency (UKBA) (2009d) UK Border Agency reaches full agency status and publishes framework agreement and business plan. Retrieved 18 August 2009 from the UKBA website: http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/ukbareachesfullagencystatus?area=allNews

United Kingdom Border Agency (UKBA) (2009e) Visa Waiver Test Outcomes. Retrieved 19 January 2010 from the UKBA website: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/vwtoutcomeswms.pdf?view=Binary

United Kingdom Border Agency (UKBA) (2009f) Every child matters: Change for children. Statutory guidance to the UK Border Agency on making arrangements to safeguard and promote the welfare of children. Issued under section 55 of the Borders, Citizenship and Immigration Act 2009. Retrieved 19 January 2009 from the UKBA website: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/legislation/bci-act1/change-for-children.pdf?view=Binary

United Kingdom Border Agency (UKBA) (2009g) Representatives of overseas newspapers, news agencies and broadcasting organisations. Retrieved 1 February 2010 from the UKBA website:http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/repsofoverseasmedia?area=allNews

United Kingdom Border Agency (UKBA) (2009h) Government keeps work restrictions for eastern Europeans. Retrieved 1 February 2010 from the UKBA website: http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/Government-keeps-work-restrict?area=allNews

United Kingdom Border Agency (UKBA) (2009i) Policy changes for dependants of Turkish citizens. Retrieved 1 February 2010 from the UKBA website: http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/turkish-dependants?area=allNews

United Kingdom Border Agency (UKBA) (2009j) Annex A2 – Guidance and Instruction on Forced Marriage. Retrieved 20 January 2010 from the UKBA website: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section1/annexa2.pdf?view=Binary

United Kingdom Border Agency (UKBA) (2009k) Belarus Agreement. Retrieved 20 January 2010 from the UKBA website: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/wms-belarus-agreement

United Kingdom Border Agency (UKBA) (2009l) UK Action Plan on Tackling Human Trafficking. Retrieved 13 November 2009 from the UKBA website: http://www.crimereduction.homeoffice.gov.uk/humantrafficking004.htm