Full text of House of Commons Library briefing note providing an overview of the Government's immigration policy priorities and progress implementing them
The House of Commons Library has published an updated report on the Government's immigration and asylum policy.
The report provides an overview of the Government's policy priorities and its progress in implementing them.
You can read the full text of the report below:
Immigration and asylum policy: Government plans and progress made
Standard Note: SN/HA/5829
Last updated: 6 December 2013
Authors: Melanie Gower; Oliver Hawkins
Sections: Home Affairs Section; Social and General Statistics Section
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This information is provided to Members of Parliament in support of their parliamentary duties and is not intended to address the specific circumstances of any particular individual. It should not be relied upon as being up to date; the law or policies may have changed since it was last updated; and it should not be relied upon as legal or professional advice or as a substitute for it. A suitably qualified professional should be consulted if specific advice or information is required. The website of the Office of the Immigration Services Commissioner explains about the regulation of immigration advisers and includes a useful online 'adviser finder'.
This information is provided subject to our general terms and conditions which are available online or may be provided on request in hard copy. Authors are available to discuss the content of this briefing with Members and their staff, but not with the general public.
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This note provides an overview of the Government's immigration and asylum policy priorities and its progress in implementing them. It focuses on objectives set by the Home Office, although reforms led by other government departments are also directly affecting persons within the immigration and asylum system, notably changes to civil legal aid and reviews of migrants' entitlements to certain public services and benefits.
The Prime Minister has described the Government's immigration policy objective as "good immigration, not mass immigration." By minimising opportunities for abuse and being more selective about the criteria for entry, the Government hopes to reduce overall net migration levels from hundreds of thousands to tens of thousands by the end of this parliament. At the same time, it wishes to attract the 'brightest and best' migrants, whose presence is deemed to be most beneficial to the UK.
With these objectives in mind, the Government has been reviewing all immigration categories and routes to permanent settlement, and gradually introducing changes to their eligibility criteria and associated conditions. Some visa categories have been completely closed to new applicants, but new categories have been created for highly skilled/high value migrants.
Net migration was 177,000 in 2012, compared with 215,000 in 2011. The provisional estimates of immigration and net migration in the year to June 2013 indicate:
• Immigration fell from 517,000 in the year to June 2012 to 503,000 in the year to June 2013.
• Net migration rose from 167,000 in the year to June 2012 to 182,000 in the year to June 2013.
Many of the reforms the Government has introduced are similar to measures adopted or proposed by Labour in the run-up to the 2010 general election (particularly those aimed at minimising abuse). Notable differences are the establishment of a Border Police Command in the National Crime Agency and 'caps' (limits) for certain categories of economic migrant.
Contents
1 The big picture: reducing net migration, focussing on the 'brightest and best'
2 Action taken so far
2.1 Economic migration (non-EEA workers)
2.2 International students
2.3 Family migration
2.4 Asylum
2.5 Article 8 ECHR
2.6 Moving from temporary to permanent immigration status and citizenship
2.7 Illegal immigration and enforcing removals
2.8 Promoting integration
2.9 EU migration and cooperation with EU policymaking
2.10 UK Border Agency: resources and reorganisation
2.11 Primary legislation
3 Changes in migration levels since May 2010
4 Monitoring Government actions: some useful sources
1 The big picture: reducing net migration, focussing on the 'brightest and best'
The May 2010 Coalition Agreement document gave the first indication of the Coalition Government's plans for immigration and asylum policy:
The Government believes that immigration has enriched our culture and strengthened our economy, but that it must be controlled so that people have confidence in the system. We also recognise that to ensure cohesion and protect our public services, we need to introduce a cap on immigration and reduce the number of non EU immigrants. [1]
The Coalition Agreement listed specific actions which the Government intended to take. There was no explicit commitment to reduce net migration levels to the "tens of thousands" a year (which had been in the Conservative Party's 2010 General Election manifesto), although it has been referred to in successive versions of the Home Office Business Plan since May 2010. [2]
Ministerial speeches and statements have set out the Government's intentions in greater detail.
In a speech made on 7 September 2010, Damian Green, then Minister for Immigration, highlighted his desire to develop measures which are "smart" rather than simply "tough", and influenced by evidence rather than "emotion and prejudice." [3] Drawing on Home Office research findings, he pointed to a need to apply "steady downward pressure on many routes to long-term immigration." [4]
This was reiterated in the Home Secretary's first speech on immigration, in November 2010. Arguing that immigration under Labour had been "out of control", Theresa May set out why the Government wants to reduce net migration levels:
Between 1997 and 2009, net migration to Britain totalled more than 2.2 million people. That is more than twice the population of Birmingham. (...)
And public confidence has been undermined further by the individual stories of abuse of the system. (...)
While the right type of immigration can stimulate growth, badly managed migration has led to serious social impacts in some areas, with pressure being placed on key public services such as schools, the health service, transport, housing and welfare.
And it also led to many more difficult to quantify social impacts, like the segregation we see in too many of our communities. This created community tensions and helped contribute to a society that is not as integrated as we would like. [5]
Theresa May argued that it is possible to "attract more of the brightest and the best at the same time as we reduce the overall number", by being more selective about the criteria for entry. In her concluding remarks she pledged that the Government would reduce net migration from the hundreds of thousands to the tens of thousands. [6]
One of the points made by the Prime Minister in a high-profile speech on immigration in April 2011 was that the scale of demand for migrant labour in recent years underlined the need for welfare reform:
The real issue is this: migrants are filling gaps in the labour market left wide open by a welfare system that for years has paid British people not to work.
That's where the blame lies - at the door of our woeful welfare system, and the last government who comprehensively failed to reform it.
So immigration and welfare reform are two sides of the same coin. [7]
Speaking on the BBC Politics Show a few days later, the Deputy Prime Minister sought to clarify that reducing net migration levels to the tens of thousands is not a specific Government policy objective:
...the Prime Minister said it was an aspiration, an aim. It's not in the Coalition Agreement, and I don't think anyone is suggesting that what we should be doing is pursuing fixed numerical targets on immigration. (...) He is making an estimation about what the outcome might be of the policies that we are implementing. It is not a Coalition Government objective to pursue one numerical target. [8]
In a February 2012 speech on 'Making immigration work for Britain', the then Immigration Minister Damian Green emphasised the broader objective behind the net migration target; namely, establishing a 'selective immigration system':
Our first priority has been, and remains, to get the system back under control, to get the numbers down and keep them down. We have laid the foundations for a sustainable system. Now we shall shape it, to make it work for Britain. The main point I make today is that everyone who comes here must be selected to make a positive contribution. That is at the heart of our commitment to reduce net migration. We have talked in the past about a Points Based System. In the future it will be more accurate to talk about a contribution-based system. Whether you come here to work, study, or get married, we as a country are entitled to check that you will add to the quality of life in Britain. There are people who think that all immigrants are bad for Britain. There are also people who think that all immigrants are good for Britain. To move the immigration debate on to a higher level let's take it as read that they are both wrong, and that the legitimate question in today's world is how can we benefit from immigration. [9]
A December 2012 speech by the Home Secretary on 'An immigration system that works in the national interest' set out the range of measures that the Government has introduced in pursuit of this objective.
More recently, in March 2013, the Deputy Prime Minister described the vision underpinning the Coalition's immigration policies as "Tolerant Britain, zero-tolerant of abuse." [10] This was closely followed by a speech by the Prime Minister, which set out a range of measures the Government intends to take in order to ensure that migrants come to the UK "because they want to contribute to our country, not because they're drawn by the attractiveness of our benefit system or by the opportunity to use our public services". [11]
Over the past year a ministerial Cabinet committee has been considering migrants' access to public services and benefits (including illegal migrants and EEA nationals), in order to identify and address 'pull factors' for migration to the UK in advance of the ending of the transitional restrictions for Bulgaria and Romania on 31 December 2013. [12] Some measures designed to make it harder for illegal immigrants to stay in the UK are being taken forward in the Immigration Bill, which is due to be debated at Report stage in the new year. [13]
In December 2013, it was reported that the Prime Minister has acknowledged that the Government might not meet its net migration target during this Parliament, due to recent increases in EU immigration, and the constraints of coalition government. [14]
Most of the measures identified in the sections below have been introduced through changes to the Immigration Rules or secondary legislation, rather than primary legislation.
2.1 Economic migration (non-EEA workers)
Limiting numbers of skilled workers; opening new visa routes for high value migrants
The Coalition Agreement stated that the Government would introduce an annual limit on the number of non-EU economic migrants admitted into the UK to live and work. [15] Following a public consultation and temporary interim limits introduced in July 2010, the annual limits on non-EEA economic migration came into effect on 6 April 2011. [16] Three immigration categories are currently affected: [17]
• The limit for Tier 2 (General) visas (which are for skilled non-EEA workers with a firm job offer) was set at 20,700 for 2011-12, and is to remain unchanged for future years unless a future Statement of Changes in the Immigration Rules provides otherwise. [18] The limit, which has been undersubscribed, applies to 'new' workers applying from overseas. Skilled migrant workers already in the UK, and workers recruited to fill jobs with salaries over £152,100 are not counted as part of the limit. In addition, Tier 2 visas have been restricted to 'graduate-level' jobs.
• The Tier 1 (Exceptional Talent) visa category, launched in August 2011, is for "scientists, academics and artists who have achieved international recognition, or are likely to do so." [19] 1,000 visas are available in each financial year. [20]
• The Tier 1 (Graduate Entrepreneur) visa category, launched in April 2012, enables international graduates identified by their higher education institution as having "world-class" innovative ideas or entrepreneurial skills to remain in the UK after graduation to develop their ideas. 1,000 visas were available in 2012-13. In financial year 2013-14 there are 900 places for international graduates in any subject, and an additional 1,000 places for MBA graduates. In addition, UK Trade and Industry has been allocated 100 places for sponsoring 'elite global graduate entrepreneurs' (i.e. persons who have not studied in the UK). [21]
Various other changes have been made to the conditions attached to highly-skilled and skilled work visas (Tiers 1 and 2 of the points-based system):
• Tier 1 (General) - the visa category which enabled highly skilled migrants to enter the UK without a job offer - closed to new applicants in December 2010. The Government considered that it had not been effective in attracting highly skilled workers. Home Office sampling indicated that "a sizeable proportion" (29%) were working in unskilled employment. [22]
• The eligibility criteria and conditions attached to Tier 1 (Investor) and (Entrepreneur) visas have been relaxed, in an attempt to encourage more to come to the UK.
• There have been successive reductions in the number of jobs listed on the Tier 2 'shortage occupation list', in line with advice from the Migration Advisory Committee.
• The occupation codes and minimum annual salary thresholds for Tier 2 (General) visas have been updated. [23]
• Various changes have been made to the eligibility criteria and conditions for Tier 2 (Intra-company Transfer) visas (such as by raising the minimum qualifying salary threshold).
Further information: Library standard note 05922 April 2011 changes to Tier 1 and Tier 2 of the points-based system and indefinite leave and UKBA news update, 'Changes to the Immigration Rules come into effect on 6 April 2012', 5 April 2012
Restricting workers' entitlement to stay permanently
New maximum lengths of stay have been introduced for some skilled and temporary workers (i.e. Tiers 2 and 5 of the points-based system).
In addition, in order to be eligible for permanent settlement, some Tier 2 migrants will be subject to a new requirement to earn at least £35,000 per annum. This will affect persons applying for settlement after April 2016, but will not apply to scientists and researchers doing PhD level jobs, and workers filling vacancies on the shortage occupation list.
Further information: Library standard note 06037 Immigration: permanent settlement reforms (workers); UK Border Agency news release, 'Automatic settlement for skilled workers to end', 29 February 2012
Since April 2012 migrant domestic workers have no longer been eligible for permanent settlement.
Further information: Library standard note 04786 Immigration: migrant domestic workers
Deterring abuse of student visas
Following a public consultation, in March 2011 the Home Secretary announced a comprehensive set of reforms to student visas (Tier 4 of the points-based system). [24] The changes were implemented gradually between April 2011 and the end of 2012.
The reforms were in response to concerns about abuses of student visa provisions by disreputable education institutions and persons who primarily wish to live and work in the UK rather than study here. The Government considered that private educational establishments and persons studying below degree-level courses posed the greatest risk of abuse. The changes introduced new restrictions on which types of student can work during their studies or bring their dependent family members to the UK, how long students can stay in the UK, and the circumstances in which they can 'switch' into an employment category. Education providers have had to meet more demanding requirements in order to be eligible for a licence to sponsor international students. The student visa changes are generally building on measures introduced by the previous government.
Further information: Library standard note SN/HA/5999 Immigration: Tier 4 (student visa) reforms
In July 2012 the Government announced that, following a successful pilot, it was introducing a 'targeted interview system' for up to 14,000 student visa applicants, in order to assess whether they are 'genuine' students. In December 2012 the Home Secretary announced that this would be radically extended in 2013-14, to over 100,000 interviews, and that interviews would also be used for other categories of visa applicant in the future. [25]
Further information: See UK Border Agency news release, 'New interviews for students', 9 July 2012
Changes to post-study work rights
The Tier 1 (Post-study work) visa enabled foreign graduates to work in the UK, for up to two years, after obtaining a UK degree. If they found skilled or highly skilled work during the two years they could 'switch' into Tier 1 or Tier 2 of the points-based system, which in turn gave a route to permanent settlement.
The post-study work visa category closed to new applicants on 5 April 2012. The Government considered that it undermined the idea that student visas are for temporary migration rather than permanent settlement. It doubted whether it ensured that skilled non-EEA graduates moved into skilled occupations (because many were using it to do low-skilled work), and questioned whether giving foreign graduates open access to the UK labour market was appropriate at a time of high graduate unemployment.
Since April 2012, international graduates have been able to stay in the UK to work if they have a graduate level job or training offer (by 'switching' into Tier 2 or Tier 5 of the points-based system), or if they have a strong business proposition (under new provisions for 'graduate entrepreneurs').
However, from 6 April 2013, the post-study work rules have been relaxed for PhD students. They can apply under the 'Doctorate Extension Scheme' to stay to work in the UK for up to twelve months after they have completed their studies. [26]
Further information: Library standard note 05881 Immigration: Tier 1 (post study work) visas
New eligibility criteria for joining family in the UK
The Government repealed the legislation underpinning the 'certificate of approval' scheme, which had been introduced by the Labour Government in a bid to deter 'sham marriages' but was found by the courts to be unlawful. However, it continues to prioritise enforcement activities to deter 'sham marriages'. [27]
Since 29 November 2010 persons applying for leave to enter or remain as the spouse or partner of someone settled in the UK have been required to provide evidence of their basic command of English (speaking and listening), by showing that they have passed a UKBA-approved English language test. [28] The Government considers that this will "protect the economic well-being of the UK, for example by encouraging integration and protecting public services." [29] The Labour Government had previously announced similar plans, scheduled for summer 2011. [30]
In July 2012 a comprehensive set of reforms to family-related immigration categories came into effect. [31] With limited exemptions, British citizens/settled persons wishing to sponsor their non-EEA national partner to join them in the UK must satisfy a requirement to have a minimum gross annual income of £18,600 (more if relying on savings or if dependent children are also being sponsored). New foreign spouses/partners must wait longer before they become eligible to apply for permanent settlement in the UK (five years rather than two as previously), and a new approach to assessing the 'genuineness' of the relationship has been introduced.
The financial requirement has recently been challenged in the courts through judicial review. The High Court did not strike down the rules as unlawful in general, but did find that they had an unjustified and disproportionate effect on the claimants involved. The judgment, made in July 2013, may have implications for other cases. [32] The Government has lodged an appeal against the High Court's decision. [33] In the meantime, the processing of applications which may be affected has been put on hold. [34]
In addition, more restrictive eligibility criteria have been introduced for adult dependent relatives of British citizens or settled persons who wish to settle in the UK.
Further information: Library standard notes SN06353 Changes to Immigration Rules for family members and SN06724 The financial (minimum income) requirement for partner visas.
Abolishing family visitors' appeal rights
Family visitor visa appeal rights were restricted to a smaller range of applicants, with effect from July 2012. The full right of appeal in family visitor visa cases was abolished in June 2013, as per section 52 of the Crime and Courts Act 2013.
Further information: Library standard note SN06363 Immigration: Family visitor visa appeal rights
The Coalition Agreement stated that the Government would explore ways to new improve the current asylum system to speed up the handling of cases. [35] An 'Asylum Improvement Project' was launched in summer 2010, to test a range of pilot schemes for improving the speed, quality, efficiency and cost-effectiveness of the asylum determination process. [36] The UKBA published a progress report for the project in May 2011. [37]
The Government replaced the previous target to conclude new asylum applications within six months of their submission with "a new set of performance indicators designed to show the overall health of the asylum system". [38] These include information on intake, decisions taken within 30 days, quality of decision, grant rate, percentage of decisions overturned at appeal, conclusions at 6, 12, 18 and 36 months, number and age profile of outstanding caseload, asylum support costs, productivity, and unit cost.
Substantive work on the 'case resolution exercise', which was launched under the previous government to review and conclude all unresolved pre-2007 asylum claims, has been concluded. [39]
A new process for handling asylum applications, called the 'Asylum Operating Model', was launched in April 2013 with the intention of improving the consistency and speed of decision-making by using triage and routing techniques. [40]
The Coalition Agreement included a commitment not to enforce the removal of asylum seekers who would be at risk of persecution on account of their sexual orientation. The UKBA has since published guidance for its caseowners on how to assess asylum claims based on the applicants' sexual orientation. [41]
Further information: Library standard note SN05618 Asylum: Claims based on sexual identity.
The Immigration Rules have been amended in order to fill a gap in the provisions for recognising statelessness. [42]
In October 2013 the Immigration Rules were changed in order to enable approximately 600 staff eligible under the Ministry of Defence's Redundancy Scheme for locally engaged staff in Afghanistan to relocate to the UK for up to five years. [43]
Ending child immigration detention
A new process has been introduced for enforcing the removal of families refused permission to stay in the UK, in order to implement the Coalition Agreement commitment to end the detention of children for immigration purposes. In the event of an unsuccessful application, families are encouraged to make a voluntary departure from the UK, following a 'case conference' with Home Office staff. Those who do not leave have their removal arranged by the Home Office, but are able to continue to live in the community whilst preparing for removal and make a self-check-in at the airport. As a last resort, non-compliant families may be held for 72 hours prior to departure in a new style of family friendly secure "pre-departure accommodation."
Further information: Library standard note SN/HA/5591 Ending child immigration detention
Following a public consultation, the Government changed the Immigration Rules in July 2012, in order to include detailed reference to the factors to be considered to weigh in favour or against an application to remain in the UK based on Article 8 of the European Convention on Human Rights (ECHR). Previous versions of the Immigration Rules had referred to the need to respect the ECHR, but did not seek to codify the factors that should be considered when assessing whether removal/deportation was proportionate under Article 8.
Clause 14 of the Immigration Bill (as introduced) seeks to give the force of primary legislation to the principles reflected by the July 2012 changes.
Further information: Library standard note SN06355 Article 8 of the ECHR and immigration cases
2.6 Moving from temporary to permanent immigration status and citizenship
'Permanent settlement' ('Indefinite Leave to Remain') entitles a person to live and work in the UK with no time restriction. The Government believes that it has been "too easy" for migrants to move from temporary residence to permanent settlement in the past.
Some initial changes to the eligibility criteria for settlement were made in April 2011. [44] These introduced a requirement for applicants to be free from any unspent criminal convictions at the time of applying. Additional requirements on salary level and proof of English language ability were also introduced for highly skilled and skilled workers.
In April 2012 further restrictions on some non-EEA skilled workers' eligibility for permanent settlement were introduced (discussed in section 2.1 above). Since July 2012 non-EEA spouses of British/settled persons only become eligible for permanent settlement after five years' residence.
From 13 December 2012, the criteria for assessing 'good character' in naturalisation applications changed, so that criminal convictions are considered against a new set of sentencing limits, rather than with reference to the Rehabilitation of Offenders Act 1974, as previously. [45]
From 28 October 2013, migrants applying for permanent settlement in the UK or British citizenship have had to satisfy a more demanding 'knowledge of language and life in the UK' requirement. [46] They are required to pass the 'Life in the UK test' and have intermediate speaking and listening skills (CEFR level B1).
A substantially revised 'Life in the UK' test, which has a greater focus on British history and culture, came into effect in late March 2013. [47] The test is taken by migrants applying for permanent settlement or naturalisation as a British citizen.
2.7 Illegal immigration and enforcing removals
A joint UK-France declaration on cooperation in measures against illegal migration and human trafficking was agreed in November 2010.
The Government confirmed its support for e-Borders and the reintroduction of exit checks in the Coalition Agreement. [48] It intends to reintroduce exit checks by spring 2015.
Further information: Library standard note SN06750 Reintroducing exit checks on passengers departing the UK
The UK Border Agency (UKBA) contracted the private contractor Capita in October 2012 to contact on its behalf foreign nationals who UKBA records indicate may be living in the UK without valid immigration status, to inform them of the requirement to leave the UK. [49] Internal management information released in October 2013 in response to a FOI request showed that 4,160 persons have departed the UK as a result of the contract so far. [50]
The UKBA has also launched a national 'Allegations Management System' to better track allegations of immigration crime made by members of the public. [51]
The UKBA has conducted several high-profile enforcement operations, such as 'Operation Mayapple' to remove visa overstayers during summer 2012, and 'Operation Nexus' which posts immigration officers in police custody suites in order to identify foreign national offenders liable for removal from the UK. [52]
A controversial campaign to encourage voluntary returns by undocumented immigrants ('Operation Vaken') was piloted in six London boroughs in July 2013, using mobile advertising vans, leaflets, posters and adverts in local media. [53] A Home Office evaluation found that 60 voluntary departures could be directly attributed to the campaign. [54] The Government has decided not to use the advertising vans again. [55]
Some further measures to make it more difficult for persons to live in the UK without a valid immigration status were set out in speeches made by the Deputy Prime Minister and Prime Minister in March 2013. [56] Some of these are being taken forward by the Immigration Bill (see section 2.11 below).
In July 2013 the Minister for Immigration confirmed that the Home Office was planning to pilot a 'security bond' scheme for visa applicants in late 2013, in a bid to deter overstaying. [57] However it later decided not to launch the pilot, which had been criticised by some other Ministers and foreign governments, amongst others. [58]
In summer 2010 the Department for Communities and Local Government confirmed that the Migration Impacts Fund, which provided funding for local community projects to manage the transitional impacts of immigration, would be terminated. [59]
The Home Office stopped funding the Refugee Integration and Employment Services project, which aimed to promote the integration of persons granted asylum in the UK. The Government said that the UKBA was working with the voluntary sector to identify "practical, cost neutral, solutions to address the integration needs of refugees." [60]
The Department for Communities and Local Government published details of the Government's approach to integration in February 2012. [61] It emphasises that integration of migrants is primarily an issue for local authorities to deal with, rather than a matter for central government.
The level of English language ability required for leave to enter/remain in various immigration categories has been increased, including for spouses/partners, students, and workers.
2.9 EU migration and cooperation with EU policymaking
EU migrants' rights to enter and live in the UK are based on European law rather than the UK's Immigration Rules. The Government applied restrictions on Bulgarian and Romanian workers' 'free movement' rights for the maximum period allowed. It rejected calls to extend the restrictions beyond 2013 on the grounds that this is not permitted under the terms of their accession treaty.
The Government has acknowledged concerns about the potential impacts of a significant increase in EU immigration. It is taking a range of measures in order to address perceived 'pull factors' for migration to the UK, such as new restrictions on access to welfare benefits. The Prime Minister and Home Secretary have also spoken in favour of establishing more restrictive EU free movement provisions.
Further information: Library standard notes SN06606 Ending of transitional restrictions for Bulgarian and Romanian workers
The Coalition Agreement stated that in the event of future EU enlargement, the Government would seek to impose transitional controls on new Member States' freedom of movement rights as a matter of course. [62] Transitional restrictions are being applied to Croatian workers' free movement rights following Croatia's accession to the EU in July 2013.
Further information: SN06686 Croatian nationals' rights to live and work in the UK after joining the EU
The Government has taken decisions to 'opt-in' to EU measures on asylum and immigration where it is deemed to be in the UK's best interests to do so (as the Labour Government also did), but has stated that its preference is for measures which enhance "practical cooperation" between Member States rather than further legislation. [63] The Government has agreed to table an annual report to Parliament on its approach to EU Justice and Home Affairs policy, including the application of the UK's opt-in protocol. [64] It is conducting a review of EU free movement and asylum and immigration laws, as part of its Balance of Competences Review.
2.10 UK Border Agency: resources and reorganisation
The UKBA's budget was reduced by up to 20 per cent by 2015, and its headcount reduced by around 5,200. [65] It intended to make a greater use of technology and computer-based systems in order to improve its efficiency and productivity. [66]
The Border Force, which is responsible for entry controls and customs functions at UK borders, split from the UKBA and became a separate operational command (directly accountable to Ministers) with effect from 1 March 2012. [67]
The UKBA remained responsible for asylum and immigration casework, in-country enforcement activity and immigration operations overseas. On 26 March 2013 the Home Secretary announced that the remainder of the UKBA (an Executive Agency) was being abolished. Its casework functions are now being done by two new Home Office directorates: UK Visas & Immigration and Immigration Enforcement. [68]
Further information: Library standard note SN06719 Organisational reforms to the immigration system since 2006
The Crime and Courts Act 2013 included provisions to establish a dedicated Border Police Command, as part of a new National Crime Agency. The Government believes that establishing a Border Police Command will improve coordination of border control and security operations. It also increased Immigration Officer's powers to tackle serious and organised immigration crime and made changes to certain immigration appeal rights.
The Immigration Bill currently before Parliament is the Government's first major piece of immigration legislation. Measures in the Bill include simplifying procedures to remove persons unlawfully in the UK, significantly reducing immigration appeal rights; increasing Immigration Officers' powers to collect biometric information; restricting access to privately rented accommodation, bank accounts, driving licences and NHS treatment; stricter penalties for employing illegal workers; and greater powers to prevent 'sham marriages'.
Further information: Library Research Paper 13/59 Immigration Bill
3 Changes in migration levels since May 2010
The Government aims to reduce net migration from the hundreds of thousands to the tens of thousands. [69] This target relates to the official estimates of long-term international migration produced by the Office for National Statistics, which are known as the LTIM estimates. These estimates are based principally on data from the International Passenger Survey (IPS), which is a survey of passengers travelling through UK ports. They aim to measure long-term migration, which is migration by people who are changing their country of residence of a period of at least a year.
The IPS approaches around 800,000 people each year, of which around 5,000 meet the definition of a long-term international migrant. Estimates of international migration are first produced based on just the IPS sample. These estimates are then adjusted to take account of certain types of migration that are not well captured by the survey; specifically migration by asylum seekers, switchers (people changing their length of stay in the UK and abroad), and migration through Northern Ireland. The adjusted estimates are the LTIM estimates, which provide the headline measures of immigration, emigration and net migration in the UK.
Net migration is equal to immigration minus emigration. In other words, it is the number of people moving into the UK on a long-term basis minus the number of people moving out to live in other countries. Net migration can therefore rise or fall as a result of changes in either immigration or emigration.
[...]
Chart 1 shows LTIM estimates of immigration, emigration and net migration in each calendar year from 1991, when they were first produced, to 2012, which is the most recent calendar year for which estimates are available. During this period, immigration and emigration both increased, but immigration grew faster than emigration, leading to an increase in net inward migration from an annual average of 37,000 in the period 1991 to 1995 to an annual average of 209,000 in the period 2006 to 2010. This means the Government needs to reduce net migration by just over a half during the current Parliament in order to reach its target.
Net migration was 177,000 in 2012, compared with 215,000 in 2011. Both immigration and net migration were lower in 2012 than in 2011, although the difference was not statistically significant. The provisional estimates of immigration and net migration in the year to June 2013 were:
• Immigration fell from 517,000 in the year to June 2012 to 503,000 in the year to June 2013.
• Net migration rose from 167,000 in the year to June 2012 to 182,000 in the year to June 2013.
Further information: Library standard note SN06077 Migration Statistics
4 Monitoring Government actions: some useful sources
Library standard note SN03845 Sources of social statistics: Immigration, asylum and migration provides an overview of the key statistical sources. Standard note SN06077 Migration Statistics contains recent and historical data on immigration, emigration and net migration in the UK.
The Home Office Business Plan 2011 – 2015, available from the Number 10 website, lists the Government's specific policy objectives on immigration and asylum, the implementation timetable, and progress made so far. The UKBA's Business Plan 2011 - 2015 provides a more detailed overview of its "core objectives and values".
The Government's mid-term review of the Coalition listed the main immigration reforms introduced since May 2010, including progress made in reducing net migration levels, and identified some further plans for reforms (reflected in section 2 of this note). [70]
Regular announcements on immigration and asylum policy, including a bi-monthly stakeholder newsletter, details of public consultations, and Statements of Changes in the Immigration Rules, are available from the UKBA website; many can also be found on Gov.uk.
The Home Affairs Committee frequently takes evidence from Government Ministers and senior officials on issues relating to immigration and asylum policy and practice. Other Parliamentary Committees and the National Audit Office also sometimes conduct relevant inquiries.
The Migration Advisory Committee publishes regular research for the Government on migration issues (particularly economic migration).
The Independent Chief Inspector of Borders and Immigration is responsible for monitoring and reporting on the efficiency and effectiveness of the Border Force, UK Visas & Immigration and Immigration Enforcement.
© Parliamentary copyright
[1] HM Government, The Coalition: Our programme for government, May 2010, ref: 401238/0510
[2] The Conservative Party, Invitation to join the Government of Britain, April 2010, p.21
[3] Gov.uk/Home Office, Damian Green's speech: the real immigration question, 7 September 2010
[4] Home Office, Research report 43 The Migrant Journey, September 2010
[5] Gov.uk/Home Office, The Home Secretary's immigration speech, 5 November 2010
[6] Some detailed plans for change were set out in her oral statement on controlling migration: HC Deb 23 November 2010 c169
[7] BBC News, In full: David Cameron immigration speech, 14 April 2011
[8] BBC News, Nick Clegg on immigration policy and Vince Cable comments, 17 April 2011
[9] Gov.uk/Home Office, 'Making immigration work for Britain', 2 February 2012
[10] Libdems.org.uk, 'Nick Clegg speech on immigration', 22 March 2013
[11] Gov.uk/Number 10, 'David Cameron's immigration speech', 25 March 2013
[12] HC Deb 4 December 2012 c410WH
[13] Library Research Paper 13/59 Immigration Bill contains related background information.
[14] Telegraph [online], "David Cameron admits migration target may not be met", 3 December 2013
[15] HM Government, The Coalition: Our programme for government, May 2010, ref: 401238/0510
[16] EEA - European Economic Area (EU Member States plus Iceland, Norway and Liechtenstein)
[17] There have been longstanding fixed quotas in place for certain other immigration categories (SAWS scheme, SBS scheme, Tier 5 (Youth Mobility) scheme)
[19] HC Deb 23 November 2010 c169
[20] The annual limit will automatically renew each financial year unless a Statement of Changes in the Immigration Rules provides otherwise (HC 1039 of 2012-3)
[21] UKBA update, 'Changes to the Tier 1 (Graduate entrepreneur) route', 14 March 2013. The annual limit will automatically renew each financial year unless a Statement of Changes in the Immigration Rules provides otherwise (HC 1039 of 2012-3)
[22] UKBA, Points-based system Tier 1: an operational assessment, 16 November 2010
[24] HC Deb 22 March 2011 cc855 - 872
[25] Gov.uk/Home Office, An immigration system that works in the national interest, 12 December 2012
[26] UKBA update, 'Rule changes announced for students', 14 March 2013
[27] Library standard note SN/HA/3780 Immigration: Abolition of the Certificate of Approval to Marry requirement contains background information.
[28] Cm 7944 of 2010-11. There are exceptions for nationals of majority English speaking countries, persons with academic qualifications taught in English, applicants from countries where there is no approved test centre, over 65s and persons with certain physical/mental conditions.
[29] HC Deb 30 November 2010 cc770-1W
[30] UKBA website [National Archive version], Earning the right to stay: A new points test for citizenship, July 2009
[31] UKBA, Family migration - a consultation, July 2011
[32] MM & Ors v Secretary of State for the Home Department [2013] EWHC 1900 (Admin)
[33] Gov.uk announcement, 'Home Office appeals High Court decision o family income threshold', 26 July 2013
[34] UKBA, 'Minimum income threshold for family migrants', 26 July 2013
[35] HM Government, The Coalition: Our programme for government, May 2010, ref: 401238/0510
[36] See HC Deb 15 November 2010 cc545-6W for further details. Implementation timetable as per Home Office Business Plan 2011-2015, May 2011.
[37] UKBA, Asylum Improvement Project Report on Progress, 26 May 2011
[38] Home Affairs Committee, Government Response to the Committee's 4th Report of Session 2010-12 HC 1027 16 May 2011, p.5-6
[39] See Library standard note SN04439 Asylum 'legacy' cases
[40] ILPA information sheet, Asylum Operating Model, 2 May 2013
[41] UKBA, Asylum Policy Instruction 'Sexual orientation issues in the asylum claim '(v4.1 accessed 22 June 2011)
[43] HC 628 of 2013-14
[44] HC 863 as amended by HC 908
[45] UKBA news release, 'Changes in the assessment of good character in citizenship applications', 9 January 2013
[46] Gov.uk/Home Office, 'Tougher language requirements announced for British citizenship', 8 April 2013
[47] UKBA news update, 'New life in the UK handbook published today', 28 January 2013
[48] See Library standard note SN/HA/5771 The e-borders programme
[49] UKBA news update, 'Capita Business Services contacting overstayers in the UK', 16 January 2013
[50] Gov.uk, publication, 'Number of individuals departing the UK as a result of the Capita contract', 5 December 2013
[51] HC Deb 27 February 2013 cc484-5W
[52] UKBA news update, 'Operation Nexus results in more than 175 removals', 3 January 2013
[53] UKBA, 'Six boroughs targeted in returns pilot', 25 July 2013
[54] Home Office, Operation Vaken: evaluation report, October 2013
[55] HC Deb 31 October 2013 c58-9WS
[56] Gov.uk/Number 10, 'David Cameron's immigration speech', 25 March 2013
[58] BBC News [online], 'Visitor bond scheme to be scrapped by government', 3 November 2013
[59] For background, see Library standard note SN/HA/5725 Migration Impacts Fund
[60] HC Deb 15 March 2011 cc227-8W
[61] DCLG, Creating the conditions for integration, 21 February 2012
[62] HM Government, The Coalition: Our programme for government, May 2010, ref: 401238/0510
[63] HC Deb 9 December 2010 cc43-46WS
[64] HC Deb 21 January 2011 c56WS. The third annual report was laid on 25 April 2013: HC Deb 25 April 2013 cc70-1W
[65] HC Deb 24 November 2010 c301W
[66] HC Deb 22 November 2010 c75W
[67] HC Deb 1 March 2012 c43WS
[68] HC Deb 26 March 2013 cc1500-1
[69] This aim was set out on page 21 the Conservative Party manifesto for the 2010 General Election and reiterated by the Home Secretary, Theresa May, in the House of Commons on the 23rd of November 2010 (HC Deb 23 Nov 2010 c169, "Controlling Migration").
[70] Cabinet Office, The Coalition: together in the national interest, January 2013