Immigration Matters » Common Travel Area

Judge rules that Irish Republic and Northern Ireland visa-free ‘common travel area’ not for benefit of foreign travellers

Charles Kelly — Wed, 28 Dec 2011 00:03:29 +0000

The Common Travel Area between the Irish Republic and the UK is only for the benefit of Irish and British people, a High Court judge said last week.

Foreign tourists who leave the Republic for a day trip to Northern Ireland, without a passport or visa to enter the UK could, under Irish immigration laws, be refused permission to re-enter the Republic, the judge warned.

Mr Justice Gerard Hogan said in the High Court that this could apply to foreign nationals who had been given permission to stay in Ireland and who innocently crossed Northern Ireland on their way to Donegal.

He said it was a consequence of immigration laws that permission to enter and stay in Ireland automatically lapsed once a person left. On re-entry they would have to seek a new “permission to land or be in the State”.

Mr Justice Hogan said foreign nationals often took day trips to Northern Ireland. Many left their travel documents in the Republic, wrongly believing they did not need them because the Common Travel Area between the Republic and the UK was for the benefit of all.

“The Common Travel Area is only for the benefit of Irish citizens and British nationals,” Mr Justice Hogan said in a ruling on an application by a Bolivian couple, Roberth Moreno Choma (25) and Daniella Fernandez Pacheco (22), who travelled to Northern Ireland and Scotland on their way to a three- day break in London.

Mr Justice Hogan said it was probably fair to say they had made an innocent mistake.

When they first arrived in Dublin, immigration authorities granted them permission to stay in the State for a month.

The UK authorities stopped them coming off the ferry at Cairnryan last weekend and they face deportation back to Bolivia. Noticing their passports had been stamped by the Irish authorities up to January 16th, the UK authorities asked if they would be allowed back into the Republic, but they were refused entry.

The judge said he would hand down a written judgment. The couple’s solicitor, Derek Stewart, said that as a result of the judgment, he was hopeful the couple may get permission to re-enter Ireland. Source: Irish Times

The UK and Ireland have recently signed an agreement to reinforce the joint commitment to preserve the Common Travel Area (CTA) while ‘cracking down on illegal immigration and spurious asylum claims’.

UK Ireland Common Travel Area loophole crackdown announced by UK Border Agency

Charles Kelly — Wed, 21 Dec 2011 00:52:44 +0000

The UK and Ireland have signed an agreement to reinforce the joint commitment to preserve the Common Travel Area (CTA) while ’cracking down on illegal immigration and spurious asylum claims’, the UK Border Agency announced this week.

The countries signed a statement working towards joint standards for entry and ultimately enhanced electronic border systems to identify those with no right to enter the CTA before they arrive at the border.

An accompanying memorandum will promote the exchange of information, such as fingerprint biometrics and biographical details, particularly from ‘high risk’ countries, as part of the visa issuing process.

The data exchange will help prevent abuses of the CTA arrangement, while protecting its long-established benefits of trade and tourism. The move could create considerable savings for both countries on removing foreign nationals with no right to stay.

Close cooperation in the run-up to the agreement has already brought significant benefits. So far this year data swaps have shown that of 1,516 failed asylum claims made in Ireland, nearly 500 have been identified as being known to the UK Border Agency – either as ‘asylum shoppers’ with previous asylum applications to the UK or as visa applicants.

The agency also announced a pilot exchange to check data provided in 1,700 Irish visa applications lodged in Nigeria against UK immigration records, has identified over 200 persons applying to come to Ireland who have an adverse UK immigration history. A considerable number of these were either deported from the UK or refused entry into the UK.

Work carried out bya joint working party led to the capture of an immigration fraudster who was caught with a bundle of fake identities after his ‘zig zag’ route across four countries flagged him to UK Border Agency officers in Belfast. Another Nigerian applicant was refused entry into Ireland after checks on documents showed he had previously been removed from the UK in 2008 and that the passport had been tampered with.

Immigration Minister Damian Green will this week sign a memorandum of understanding in Dublin with his Irish counterpart, Irish Minister for Justice, Equality and Defence Alan Shatter.

Immigration Minister Damian Green said:

‘This agreement will help us quickly refuse those with poor immigration records, identify asylum shoppers and speed up the removal process in those cases where people have entered the Common Travel Area.

‘The benefits the CTA brings to travellers and the economies of our countries are well-established but it should not be exploited by those with no right to be here.’

Irish Minister for Justice, Equality and Defence Alan Shatter said:

‘The Common Travel Area is an important feature of the close relationship between Ireland and the United Kingdom, which both countries share a common interest in protecting and enhancing.

‘Today’s agreement provides a platform for greater cooperation on immigration matters, including joint action to protect the CTA from abuse by preventing potential immigration offenders from travelling to Ireland and the UK.

‘Working more closely together to preserve the integrity of the CTA also allows us to harness its potential to deliver economic and tourism benefits, an example being the Irish Visa Waiver Programme, which was launched earlier this year.’ Source: UK Border Agency.

Earlier this month the Telegraph reported that illegal immigrants were slipping in to Britain on the Eurostar because of a loophole that allows them to travel without any passport check.

UK Border Asylum staff ‘are intimidating’ says report

Charles Kelly — Fri, 14 Aug 2009 23:08:04 +0000

Illegal immigrants and foreign prisoners are failing to be removed from the UK because escort staff are “intimidating” them, reports the BBC.

The findings are revealed by the Chief Inspector of Prisons for England and Wales, Dame Anne Owers.

Inspectors monitored immigration escort staff involved in removing detainees from Heathrow Airport.

It says when officers escorting immigration offenders mistreat them, removals are more likely to fail.

The report cites the case of four Afghan detainees, who were initially willing to fly home.

Then, in what the report describes as an “unnecessary and intimidating” intervention, escort staff warned the detainees they would be “dealt with” if they were “naughty” on the plane. They refused to go.

Valid documents

Removals were also cancelled due to staff shortages and because nurses had not been booked to accompany detainees with health problems.

Sometimes detainees were flown back to the UK because their home countries said their paperwork was not in order.

On one occasion, escort staff taking a woman to Mozambique were themselves locked up after the authorities there questioned whether their documents were valid.

Dame Anne said: “This short report found worrying gaps and weaknesses in complaints and monitoring processes.

“It also found varying practice, with no evidence that the good and thoughtful approach of some staff was mirrored in clear and consistent standards of treatment, support and communication.

“This heightened the risk of ill-treatment or abuse, and was also likely to lead to failed removals.”

David Wood, director of the criminality and detention group at the UK Border Agency said anyone involved in the detention and removal of detainees was highly trained.

“Many detainees refuse to leave the UK voluntarily, even when the courts say they must. In some cases individuals become violent toward themselves, the public or our staff when it is time to go home.

“Detainee escorts have a very difficult job to do in carrying out what the public expects of the UK Border Agency in enforcing our immigration laws.”

Source BBC

It is estimated that the cost of deporting a person is around £10,000, but this could be much higher if the case goes to a legal aid funded appeal, with the migrant being held in a detention centre for months on end.

Leading think tank, ippr, said it would it would take at least 20 years to find and remove half a million illegal immigrants at a cost of over £5 billion.

Earlier this month the Government was criticised for wasting millions of pounds flying illegal immigrants back to their country in private jets.

Have you had any experience or dealings with removal teams? Make your comment below.

Millions wasted on deportations by private jet

UK immigrant amnesty ‘worth £3bn’ say LSE

If you need any immigration advice or help with Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Lorry drivers feel the heat in illegal immigration crackdown

Charles Kelly — Fri, 24 Jul 2009 23:08:32 +0000

Lorry drivers pulling in to the Warwick Services on the M40 this week were greeted by UK Border Agency Immigration Officers cracking down on “illegal migrants who try to sneak into the United Kingdom”, the agency announced.

Border Officers from the UK Border Agency’s West Midlands headquarters, actually quite a long way from any UK border physical post, supported by Warwickshire police officers, used special Co2 probes to detect human breathing in the backs of lorries.

Officers patrolled the lorry park and talked to lorry drivers about immigrants who may have hidden in their vehicles at key border crossings to the United Kingdom such as Calais, gathering intelligence to help catch stowaways sooner.

Quite why the UK Border Agency chose to mount the raid in Warwick, some 183 miles or just under 300km from the port of Dover where most illegal migrants would first enter the UK on the back of a lorry, was not explained.

Drivers were also warned about the heavy financial penalties they could face if they fail to secure their lorries properly.

Simon Excell, UK Border Agency deputy director, said:

‘We have already seen a significant fall in illegal immigrants sneaking in to the United Kingdom thanks to high profile operations like this one and the deployment of a mobile detention van which patrols the motorways of the Midlands and East of England.

‘The message is getting out to would-be illegal migrants and organised smuggling gangs that we will catch them, we will detain them and we will deport them.’

Officers have already detained and impounded several vehicles after drivers and haulage companies were identified as not having paid civil penalties for failing to secure their vehicles during previous immigration checks.

Over £15,000 has so far been recovered in unpaid civil penalties from drivers and haulage companies.

Simon Excell added:

‘Our top priority is to stop would-be illegal immigrants before they reach the United Kingdom. That’s why we’ve got hundreds of British immigration officers based overseas.

‘Since April 2008 our officers based in France and Belgium have stopped over 30,000 individual attempts by illegal migrants to get into Britain.

‘We are leading this crackdown to show that there is no hiding place for those who try to cheat their way across the border.’

This week the UK Border Agency was given wider powers under the Borders, Citizenship and Immigration Act, which became Law on 21 July.

Leading think tank, ippr, said it would it would take at least 20 years to find and remove half a million illegal immigrants at a cost of over £5 billion.

Earlier this month the Government was criticised for wasting millions of pounds flying illegal immigrants back to their country in private jets.

Millions wasted on deportations by private jet

UK immigrant amnesty ‘worth £3bn’ say LSE

If you need any immigration advice or help with Studying in the UK, Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Borders, Citizenship and Immigration Act gives new powers to Border Officers

Charles Kelly — Wed, 22 Jul 2009 23:20:57 +0000

The Borders, Citizenship and Immigration Act, which received the Royal Assent on 21 July 2009, gives thousands of customs and immigration officers wide ranging new powers, the UK Border Agency has announced.

The Government say the powers are needed to create a new “unified force at the border” and to “crack down on illegal immigration and the smuggling”.

Frontline customs and immigration officers will work together as the ‘UK Border Agency’ (UKBA) with the power to question passengers on immigration and customs matters.

The UKBA said: “this means passengers will face just one primary check point when coming in to the United Kingdom, speeding up their journey”.

More than 3,500 officers have already been trained with the skills to carry out passport and customs checks since the creation of the UK Border Agency in April 2008.

On 5 August, 4,500 HM Revenue and Customs staff will formally become part of the UK Border Agency.

Since April 2008, The UKBA has:

stopped over 30,000 individual attempts by illegal migrants to get into Britain through France and Belgium;
stopped over 12,900 dangerous weapons, including firearms, stun guns and knives, reaching the street;
seized over £379 million worth of illegal drugs; and
seized in excess of 923 million cigarettes – representing a potential loss of £174 million in tax revenue

Border and Immigration Minister Phil Woolas said:

“This is part of the biggest transformation of our border controls in a generation. A unified force at the Border with the powers to carry out customs and immigration checks allows us to continue the crack down on illegal immigration and the smuggling of drugs and weapons.

“I am determined that Britain’s border remains one of the strongest in the world. This Act is an important part of ensuring it stays that way.”

The Borders, Citizenship and Immigration Act also ensures that “migrants who want to become British citizens earn the right to stay by speaking English, paying taxes and obeying the law”, the UKBA said.

The UKBA added:

“It will speed up the path to citizenship for those who contribute to the community by being active citizens. Under the new system full access to benefits and social housing will be reserved for citizens and permanent residents – a route that can take up to ten years.”

Many migrants would argue that they are happy with the current “speed” oor length of time it takes to gain Citizenship – 5 years - rather than 8 years under the new Act.

Mr Woolas added:

“This new Act ensures that those who want to stay earn the right to do so, learn to speak English and play by the rules. Those that don’t will not be allowed to become citizens, making our system both firmer and fairer.

“I want to go further and within the next few weeks we will publish a consultation to examine how the current points based system for economic migrants, which has proved to be an effective and powerful tool for controlling migration, could be applied to citizenship.”

In the next few weeks the Home Office will publish proposals to extend the points based system to citizenship.

The aim is to build on the reforms to citizenship in the Borders, Citizenship and Immigration Act, providing even “greater controls over the number of people who want to settle permanently in the United Kingdom”.

The Government said the Act will allow for a more “flexible approach” with the ability to “raise and lower” the threshold depending on the needs of the United Kingdom.

If you need any immigration advice or help with Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Royal Assent for the Borders Citizenship and Immigration Act 2009

Charles Kelly — Tue, 21 Jul 2009 14:25:52 +0000

The Borders, Citizenship and Immigration Act 2009 received the Royal Assent today on 21 July 2009.

This means the Borders, Citizenship and Immigration ‘Bill’ has now officially become an Act of Parliament and is now enshrined in UK Law.

Although the Bill has become Law, many of the Rules will not be implemented immediately. See also: Borders, Citizenship and Immigration Bill could become Law next week

What is the Royal Assent?

Parliament.uk describes the process as follows:

When a Bill has completed all its parliamentary stages, it needs Royal Assent from the Queen before it can become law. Bills that receive Royal Assent become Acts of Parliament.

Does the Queen give Royal Assent in person?

Although the Queen can give Royal Assent in person, this has not happened since 1854. The Queen’s agreement to give her Assent to a Bill is automatic. The last time Royal Assent was refused was in 1707-08 when Queen Anne refused her Assent to a Bill for settling the militia in Scotland.

How is Royal Assent announced?

When Royal Assent has been given to a Bill, the Speaker in the Commons and the Lord Speaker in the Lords announce the Royal Assent at a suitable break in each House’s proceedings.

The exception to this procedure is at prorogation, when Black Rod interrupts the proceedings of the Commons and summons MPs to the Lords Chamber to hear the Lords Commissioners announce Royal Assent for each Bill. Source www.parliament.UK

What should you do if you are in the UK on a Work Permit?

Evelie Padadac of Immigration Advisers Bison UK advises migrant workers to “apply for Indefinite Leave to Remain as soon as you are eligible and make sure your current permit takes you beyond five years of continuous work”.

What should you do if you are in the UK under other categories such as ILR?

Apply for Citizenship as soon as you are eligible, unless of course you have no desire to be a British Citizen.

If you do not agree with the above changes, you should write to your MP and ask him or her to write to Phil Woolas to request a longer transitional period.

If you need any immigration advice or help with Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email:

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

For more information on the Act see: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/legislation/bci-act/

Immigration News Weekly Round-up 19 July 2009

Charles Kelly — Sat, 18 Jul 2009 23:08:25 +0000

Borders, Citizenship and Immigration Bill could become Law next week

The UK Government’s plan lengthen the period immigrants must live in the U.K. before applying for citizenship may become law next week after backing down on stricter passport checks between Britain and Ireland yesterday.

The Borders, Citizenship and Immigration Bill cleared its final stage in the House of Commons this week with the support of both the Conservative and Liberal Democrat opposition parties. The Government had earlier climbed down plans to impose identity checks on journeys between the U.K. and Ireland.

The House of Lords could grant final approval to the legislation on July 21, allowing the measures to go on the statutes, and receive the Royal Assent, as the Borders, Immigration and Citizenship Act 2009, before Parliament enters its summer recess, a spokesman for the Home Office said this week.

The rules are part of the biggest curbs on migration in six decades and will make it harder for working migrants to settle in the UK. See: Borders, Citizenship and Immigration Bill will make it harder to settle in the UK

The new citizenship rules will take effect no earlier than July 2011. Migrants who hold permanent residency at that time, or Indefinite Leave to Remain (ILR), will be able to apply under the old rules for the next two years. Full story and comment.

Other stories this week in Immigration Matters

Immigration Adviser, Evelie Padadac’s advice on ‘What should you do if you are in the UK on a Work Permit?’ and What should you do if you are in the UK under other categories such as ILR?

Barrio Fiesta 2009 Lampton Park Hounslow

Immigration Matters will be joining 50,000 people at the 2009 Barrio Fiesta 18 and 19 July Lampton Park, Hounslow, Middx, UK. Come and meet the team on the Bison UK and Majestic College stall.

Millions wasted on deportations by private jet

The UK Government spent more than £8.2 million last year on chartering private jets to deport immigrants, according to official figures. Over £70,000 was wasted on a one bungled attempt to fly failed asylum seeker Fatou Gaye to the Ivory Coast on a private jet only to have to fly her back again when she was refused entry.

Identity and Passport Service ‘open to bribes’ say people traffickers

The Times reports that people-traffickers view Britain as a “soft touch” when it comes to smuggling illegal immigrants, with high profits and low risks of capture, according to Home Office research published yesterday. Traffickers allege that officials in the Identity and Passport Service are open to bribes to help illegal immigrants enter the country.

If you need any immigration advice or help with Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Joint Parliamentary Briefing from the British, Scottish and Welsh Refugee Councils

Charles Kelly — Thu, 16 Jul 2009 23:08:17 +0000

Joint Parliamentary Briefing from the British Refugee Council, the Scottish Refugee Council and the Welsh Refugee Council:

Borders, Citizenship and Immigration Bill 2009

House of Commons Report and Third Reading, 14th July 2009

The Refugee Councils continue to have concerns about the Borders Citizenship and Immigration Bill, outlined in our House of Lords Bill briefing: http://tiny.cc/RCHoLbrief. In brief, these are:

Refugees whose need for protection is recognised by the UKBA should immediately be given permanent rights of settlement so they can rebuild their lives. They should not be faced with further hurdles such as extra years of ‘probationary citizenship’.
Whilst the Refugee Councils welcome the duty to safeguard and promote the welfare of children, this duty should apply to UKBA staff wherever they are operating, not just in the UK as the Bill currently states.
Judicial Review in the High Court is an essential safeguard against unlawful removal or detention, which should be retained for immigration cases.
Urgent and important issues, such as the destitution facing many asylum seekers at the end of the process and the loss of talent and dignity resulting from restrictions on entitlement to work, have not been addressed in this Bill.

Although the Bill is now going through the final stages of the legislative process the Refugee Councils would welcome assurances being sought at Report Stage:

1. Transitional protection from probationary citizenship requirements for existing (legacy) cases (Clause 59)

The Refugee Councils remain firmly of the view that refugees and others with recognised protection needs should not be faced with a further period of delay of probationary citizenship before being given the right to permanently settle here. The government has so far been resistant to generally exempting refugees from these provisions.

There remain over 100,000 people seeking asylum who have been waiting for a decision for several years, sometimes for more than a decade, and whose cases are now being processed by the Case Resolution Directorate (CRD).[1] Many of these people (whose cases are known as legacy cases) have been effectively deferred for consideration under the existing priorities of the CRD as they are neither in receipt of benefits, nor do they represent a threat of any harm to the community. It is therefore highly likely that many people will eventually be granted some form of leave but only receive confirmation towards the end of the CRD programme, in 2011. It is unduly onerous to then require those that do receive some form of leave to wait for further lengthy periods under the new citizenship provisions, that will by then be in force, before naturalisation or final settlement.

When the Bill was debated in the House of Lords, Peers amended it to include a new clause (Clause 39) which would maintain the current path to citizenship for people who were already progressing towards citizenship when the Bill’s provisions to amend the path are commenced. However the government removed this Clause in the Commons Standing Committee and has tabled a substitute, but far narrower, amendment for Report Stage (to Clause 59) which exempts only those who have Indefinite Leave to Remain (ILR) or who have outstanding ILR applications on the date of commencement from the new provisions.

The Minister said that all other people would only be accepted under the old regime if they had a “legitimate expectation”[2] that they would be eligible. The “legitimate expectation” test is a high, legal hurdle that is likely to result in all applications, new and historical, being dealt with under the new provisions. There is a significant difference between “legitimate expectation” and fair treatment and we would ask that people with long standing asylum cases that had been delayed through no fault of their own should be treated fairly. This should, at a minimum, include regard to the length of time the person has been in the UK prior to commencement, including in particular where the person has been in the UK with leave or with an outstanding application or appeal. It should also include regard to any information given in official correspondence to the person or in published policy applicable to the person regarding whether and how he or she may naturalise in the future. At the very least, refugees and asylum seekers whose applications have been substantially delayed (i.e. those in the legacy backlog) should be exempt from the new provisions.

2. Assurance that time spent over six months by asylum seekers waiting for a decision will count towards their probationary citizenship period once they are recognised as refugees (Clause 39)

The government has stated that periods of temporary admission could count towards the probationary citizenship qualifying period where a refugee’s claim suffered “undue delay” when being processed[3]. The government has yet to produce guidance to clarify what they mean by “undue delay” and we seek assurance that, as the government now aims to determine and complete asylum claims within six months, any amount of time spent waiting for a decision above six months will count towards a refugee’s qualifying period for citizenship.

3. Assurance that the transfer of judicial reviews and restrictions on appeals to the Court of Appeal will not put people at risk. (Clause 54)

Transfer of judicial reviews: Judicial review by a High Court judge has frequently proved a crucial safeguard for refugees facing the threat of unlawful detention or removal. The government has reinstated proposals, removed in the House of Lords, to allow the transfer of judicial review cases to the Upper Tier of the new Tribunal Service which began operating in 2008. This will become possible with the incorporation of the Asylum and Immigration Tribunal, which deals with asylum appeals, into the new service early in 2010.

We are concerned that, although the UK government has given assurances that the Upper Tier would be accorded the status of the High Court, it is far from clear what this would mean in practice. It does not appear to mean that a High Court judge will be present at every case which we would regard as a minimal requirement. It is questionable whether the Tribunal will have the status and independence of the High Court and hence whether this contentious area of law will continue to receive the anxious scrutiny it requires.

We believe that it is premature to legislate for this power in advance of the immigration jurisdiction itself being transferred to the new Tribunal and without any evidence of how it is functioning; or without any assessment of how the new Tribunal has managed the current, limited and less sensitive judicial review jurisdiction it has been given. We seek assurances that any such transfer will not take place until there is substantial and compelling evidence that it is working effectively and people are adequately protected.

Restrictions on appeals to the Court of Appeal: It is of equal concern that the government has removed the provision introduced by the House of Lords, and retained the provision to limit the right of appeal to the Court of Appeal from the Upper Tier of the Tribunal. Not only will there have to be, as at present, an arguable error of law, but also a further compelling reason or point of principle or practice would need to be shown for a case to be allowed to progress to the Court of Appeal. This would apply equally to cases transferred from the High Court as under i) above.

This could create cases where there is strong evidence of an error in law but the individual will have no redress. We believe all cases where there has been an arguable error of law should retain the right of appeal to the Court of Appeal. We would welcome clarification of what measures will be in place to ensure that people are protected where there has been an error in law.

For further details:

Richard Lumley, Protection Adviser, Refugee Council

Kate Smart, Welsh Refugee Council

Gary Christie, Scottish Refugee Council

[1] This is an estimated figure. Emily Miles, Director of CRD, reported 130,000 “conclusions” to the Home Affairs Committee in December 2008. The starting figure was 450,000 but many of these are known to be errors or duplications.

[2] Hansard HC, Committee, Fourth Sitting, 11 June 2009: Column 101

[3] Hansard HL, Report Stage, 25 March 2009: Column 717

If you need any immigration advice or help with Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

Borders, Citizenship and Immigration Bill could become Law next week

Charles Kelly — Thu, 16 Jul 2009 00:06:18 +0000

The Borders, Citizenship and Immigration Bill cleared its final stage in the House of Commons this week with the support of both the Conservative and Liberal Democrat opposition parties. The Labour government had climbed down plans to impose identity checks on journeys between the U.K. and Ireland.

The House of Lords could grant final approval to the legislation on July 21, allowing the measures to go on the statutes, and receive the Royal Assent, as the Borders, Immigration and Citizenship Act 2009, before Parliament enters its summer recess, a spokesman for the Home Office said today.

The rules are part of the biggest curbs on migration in six decades and will make it much harder for working migrants to settle in the UK.

See: Borders, Citizenship and Immigration Bill will make it harder to settle in the UK

Border and Immigration Minister Phil Woolas said in the House of Commons last night.

“That makes a reality of the pledge to ensure that those who wish to become British citizens earn the right,”

All parties support the central pillar of the bill, which will extend the basic period of residence in the U.K. needed to qualify for citizenship to eight years from five for people on work permits.

Those with a family connection to a British national will need to spend five years in the U.K. instead of three. Applicants can shave two years off their wait by doing approved volunteer work.

What we are seeing is the culmination of Britain’s reversal of its open policy on migration, following public concerns since 2004 when Poland and seven other eastern European nations joined the European Union.

European freedom-of-movement laws mean Britain has little power to control arrivals from inside the EU, but can restrict non-EU migrants, including those already in the UK.

The Government has almost completed implementation the Australian-style points-based system for people entering Britain from outside the EU, with the final phase of Tier 4 due to start in September.

The Government gave in to Conservative demands to phase in the new system over a longer period, allowing many people now in the country to apply under the current rules.

The new citizenship rules will take effect no earlier than July 2011. People who have permanent residency at that time, or Indefinite Leave to Remain (ILR), will be able to apply under the old rules for the next two years.

Phil Woolas wanted to bring in the new measures more quickly and leave details about the transitional arrangements for an executive order sometime after the legislation was enacted.

”We should pay tribute to him for retreating on the retrospection clauses,” Damian Green, the Conservative spokesman on immigration, said in Parliament. “That is a welcome improvement.”

Immigration Matters Comment

Migrants here on work permits have by any standards been treated poorly by the Labour Government.

No other western Government gives gainfully employed working migrants, who do the jobs which cannot be filled by resident workers, such a hard time as the British.

Work permit holders, who pay taxes and claim no benefits, have recently been dealt a series of hammer blows by the Labour Government which encouraged them to come to Britain to fill labour shortages.

Firstly, the Home Office changed the qualifying period for ILR from four to five years without warning.

Secondly, restrictions were introduced for major work permit categories such as Nurses Senior Carers and Chefs, forcing thousands out of the UK in 2007/8.

Thirdly, the points based system has forced bewildered employers to register as sponsors in order to renew ‘old rules’ work permits for its overseas workers who fall short of five years work – in some cases by less than a month.

Finally, just when many work permit holders thought they were in sight of the finish line and could see ‘light at the end of the tunnel’, the Home Office put up yet another barrier designed to reduce the numbers of working migrants settling in the UK – restrictions on gaining permanent residency.

When you see light at the end of tunnel, watch out, because it could be the headlight of an oncoming train.

In this case the express train from Westminster is the ‘Borders, Citizenship and Immigration Act special’, and it is set railroad thousands of hardworking migrants out of the UK.

What should you do if you are in the UK on a Work Permit?

What should you do if you are in the UK under other categories such as ILR?

Apply for Citizenship as soon as you are eligible, unless of course you have no desire to be a British Citizen.

If you do not agree with the above changes, you should write to your MP and ask him or her to write to Phil Woolas to request a longer transitional period.

Borders Bill climbdown on passport controls with Ireland

Charles Kelly — Tue, 14 Jul 2009 23:12:33 +0000

The UK Government has climbed down over plans for passport controls when travelling between Britain and Ireland, following a defeat in the Lords.

Border and Immigration Minister Phil Woolas said he still believed the proposals were necessary but he would not attempt to push them through the Commons.

There are currently no passport controls for Irish and UK citizens travelling in the ‘Common Travel Area’ (CTA) between the two islands, but Mr Woolas still believes the measures are necessary to tighten security.

During the passage of the Borders, Citizenship and Immigration Bill through the Lords, the Government suffered a defeat when peers voted to remove the clause introducing the right to impose such controls.

At the Bill’s report stage on Tuesday night, Mr Woolas told MPs he had decided to accept amendments from the Tories and Liberal Democrats to remove the clause.

The Government had “listened and compromised” on the Bill overall, he said. “However, there can be no compromise on the option of CTA – we either make this necessary change now or we do not. I’ve therefore decided to accept the Opposition amendments this evening on clause 50.

“We are committed to the policy and will examine the options forward but it’s clear to me from the discussions that we’ve had that this clause is not acceptable across the floor of this House and is not acceptable in the other place.”

Democratic Unionist Sammy Wilson, MP for Antrim East, told Mr Woolas the plans would isolate Northern Ireland citizens from the UK mainland. He said:

“What you have described as limited and proportionate will actually treat all citizens of Northern Ireland, who are citizens of the UK, and travelling within the UK as if they were non-UK citizens.”

Source Press Association

When this Bill becomes law thousands of people could be denied the chance to settle in the UK.

The UK Border Agency describes the Bill as a “shake up” of the route to Citizenship making “newcomers earn the right to stay here”.

Border and Immigration Minister Phil Woolas said:

“We are clear that newcomers should speak English, work hard, and earn the right to stay here – and only get British citizenship once they have proved their commitment to the country.

“Migration only works if it brings benefits, and these measures will ensure that only those migrants that make a positive impact on their local community will be able to stay in the UK.”

Measures in the new “Path to Citizenship” include:

a new naturalisation process for foreign nationals to become British Citizens
extending the Citizenship process from 5 to 8 years
introducing the concept of ‘Earned Citizenship and
introducing a ‘probationary citizenship’ replacing Indefinite Leave to Remain
restricting Citizenship to certain skilled categories