Every migrant who
enters the UK will require 'permission' to stay
under new draft proposals published in Parliament today.
Under measures in the draft Immigration Bill, the five current
application categories available to migrants will be replaced by
one clear concept - 'permission' to be in the
UK. With this new approach, migrants will either be granted
permission or refused, making the rules easier for applicants and
staff. Those in the UK must gain permission or face removal for
breaking the law.
These proposals are the next step in building on the rapid
progress the Government has made in tightening up
Britain's border controls.
Over the past three years the UK has seen the introduction of
e-borders to check individuals in and out of the country and the
implementation of the Points Based System which ensures that only
those who benefit the economy can come here to work.
In order to bring together the essential changes that have
already taken place, the Government is proposing a new Bill to
bring forward a new legal framework to simplify and consolidate 40
years of Immigration laws. This will make the system more
transparent than ever before.
Border and Immigration Minister Phil Woolas said:
"This Government has implemented the biggest overhaul of
the immigration system for a generation and it is important that
UK laws reflect these changes.
"I believe that Parliament should be in primary control
of immigration - this Bill will ensure that Parliament and not
case law determines policy.
"The draft Immigration Bill we have published today will
enable us to work more efficiently and is the next step in
bringing together the strong measures we have put in place to
control our borders and making them simpler to use and enforce."
The new, temporary, time-limited, permission will be given for a
particular purpose to visit, work or study and is subject to
conditions such as access to work or public funds. Permanent
residents will be given permission without any time limit or
conditions attached.
The draft Bill also proposes a new streamlined power of expulsion
replacing the current powers of deportation and removal.
Individuals who are issued with an expulsion order will be
required to leave the UK and will not be able to re-enter while
the order is in force.
A tough new menu of conditions is proposed for those on
immigration bail including; restrictions on residence, work or
study; access to public funds; reporting and electronic monitoring.
Also today, the Government published proposals for a new
streamlined asylum support system. The suggested shake up includes
proposals to:
* make the principles of the asylum system clear to all who
apply, rewarding those who play by the rules and getting tough
with those who do not;
* streamline the current complex system of support to make it
easier to understand and easier to operate; and
* do more to ensure the system works towards the return of those
who have been found to have no protection needs and who have no
right to be in the United Kingdom.
Border and Immigration Minister Phil Woolas said:
"I believe our proposals strike a fair balance between
supporting asylum seekers while their claim is being determined
and encouraging the return of those who have no protection needs
and who have no right to be in the UK.
"We expect those who apply for asylum to abide by the
rules. If their claim has been refused, we expect them to leave
the country. If they do not, we will enforce their return.
Alongside this, the Government also published today, the
responses to its consultation into the Oversight of the
Immigration Advice Sector which was launched in May and aimed to
improve the way the sector is regulated.
To ensure that advice given to individuals seeking to remain in
the UK is of a high standard, the Government will retain the
Office of the Immigration Services Commissioner (OISC) and will
consider a range of measures to allow for greater levels of
intervention such as the power to deregister businesses, the power
of inspection and the ability to serve improvement and probation
notices.
Finally, following the publication of the Migration Advisory
Committee's (MAC) shortage occupation list on 21 October,
the Government has today announced that it is accepting the
recommended list in full.
Under 500,000, which is less than two per cent employees, work in
occupations and jobs on the recommended shortage list. This has
been reduced from a corresponding figure of 700,000 a year ago.
Border and Immigration Minister Phil Woolas said:
"The Migration Advisory Committee's shortage
occupation list is a powerful tool in making the points based
system work for Britain's economic benefit.
"The MAC can respond quickly to changing economic needs,
making sure we only get the foreign workers we need."
NOTES TO EDITORS
1. The draft Immigration Bill can be found at the following link:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/legislation/simplification-project-draft-bil
2. The draft Bill is intended to consolidate, simplify and repeal
all the provisions of the following Acts:
* Immigration Act 1971 ("IA 1971")Immigration
Act 1988 ("IA 1988")
* Asylum and Immigration Appeals Act 1993 ("AIAA 1993")
* Asylum and Immigration Act 1996 ("AIA 1996")
* Special Immigration Appeals Commission Act 1997
("SIACA 1997")
* Immigration and Asylum Act 1999 ("IAA 1999")
* Nationality, Immigration and Asylum Act 2002 ("NIAA 2002")
* Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
("AI (TC) A 2004")
* Immigration, Asylum and Nationality Act 2006 ("IANA 2006")
* UK Borders Act 2007 ("UKBA 2007")
* Borders, Citizenship and Immigration Act 2009 (Parts 3 and 4
only) ("BCIA 2009")
3. The draft Bill will now be subject to pre-legislative scrutiny
by Parliament over the next six months.
4. The Government has today also published a consultation on
'Reforming Asylum Support; Effective support for those
with protection needs' which can be found at the
following link; http://www.ukba.homeoffice.gov.uk/aboutus/consultations/current/
5. The Consultation Response to the 'Oversight Of The
Immigration Advice Sector' can be found at the following
link; http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/consultations/closedconsultations/oversight_of_the_immigration_adv/
6. On 21 October 2009 the Migration Advisory Committee issued
their shortage occupation list - this can be found by following
the link below. http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2009/november/ga-approved-shortage-list-tier-2
223/2009
Contacts:
Home Office Press Office
Phone: 020 7035 3535
NDS.HO@coi.gsi.gov.uk