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Migration to the UK: an introduction

UK Legislation 2014, 2016, 2019, 2021

Immigration Act 2014 

The stated aims of the Immigration Act 2014 were to:

  • introduce changes to the removals and appeals system, making it easier and quicker to remove those with no right to be here
  • end the abuse of Article 8 of the European Convention on Human Rights – the right to respect for family and private life
  • prevent illegal immigrants accessing and abusing public services or the labour market

Immigration Act 2016 

The 2016 Act introduced  "Right to Rent" and immigration status checks by landlords, NHS, Banks and employers, with non-compliance a criminal not a civil offence.  Since then, there have been significant increases in financial charges for applications for different leave to remain immigration statuses, which go well beyond covering the administration costs involved. Universities and Higher Education bodies and agencies now employ Immigration Compliance Officers (INTO, 2018).

2016 Act - the stated aims were to: 

  • Introduce new sanctions on illegal workers and rogue employers
  • Provide better co-ordination of regulators that enforce workers’ rights
  • Prevent illegal migrants in the UK from accessing housing, driving licences and bank accounts
  • Introduce new measures to make it easier to enforce immigration laws and remove illegal migrants

The Each Other journalist organisation has a plain English guide to the 2016 Bill (Lea, 2016).

Immigration, Nationality and Asylum (EU Exit) Regulations 2019

In 2020-21 the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 pass through Parliament. These specifically end Freedom of Movement (reciprocal rights across EU countries for UK citizens whilst they were EU members, and for EU27 citizens coming to the UK).  It introduces - or rather, further extends - a 'points-based system' with points requirements and a minimum income level for applicants. 

Nationality and Borders Bill 2021

The Nationality and Borders Bill was introduced to Parliament in July 2021.  Measures causing controversy include the proposal to expedite removal of British Citizenship and the proposed processing of asylum applications (or "offshoring") outside the UK outlined in the Memorandum of Understanding between the UK and Rwanda (United Kingdom, 2022). The United Nation High Commission for Refugees (UNHCR) (2021-2022) stated that "UNHCR believes the UK’s Nationality and Borders Bill would penalise most refugees seeking asylum in the country, creating an asylum model that undermines established international refugee protection rules and practices." A detailed assessment by Spurling (2021) for the Free Movement group looks at specific clauses in relation to the 1951 UN Refugee Convention.  Amnesty International UK (2021) has looked at the "truth behind the claims" of the Bill. The Refugee Council (2022) has issued a blog post update following the Bill's final passage through Parliament.

Illegal Migration Act 2023

This was introduced in response to continued small boat arrivals in the UK. The UK Government legislation (Home Office, 2023) passed through the Houses of  Parliament, following intense debate and proposed amendments in the House of Lords, which were rejected by the Commons, and is now on the statute books. It ends the right to claim asylum for those deemed to be arriving illegally such as by using small boats to cross the Channel, resulting in detention followed by removal (deportation). The introduction states:

The Illegal Migration Bill will change the law so that those who arrive in the UK illegally will not be able to stay here and will instead be detained and then promptly removed, either to their home country or a safe third country.

The Home Secretary, Suella Braverman, delivered a statement to Parliament introducing the Bill, noting also that Modern Slavery legislation would not apply to "illegal entrants", and asserting that "In the face of today’s global migration crisis, yesterday’s laws are simply not fit for purpose." (Braverman, 2023).

In March 2023, the United Nations High Commission for Refugees (UNHCR) issued a Press Release (UNHCR, 2023a)

The effect of the bill (in this form) would be to deny protection to many asylum-seekers in need of safety and protection, and even deny them the opportunity to put forward their case. This would be a clear breach of the Refugee Convention (...)* (UNHCR, 2023)

(*1951 UN Refugee Convention.)

In July 2023, Following the Act's passage through Parliament, the UNHCR issued a further Press Release (UNHCR, 2023b).

"The Illegal Migration Bill gives the Home Secretary unprecedented powers to make arrangements for the detention and deportation of migrants who enter the country irregularly and meet the conditions laid down in the new law, regardless of their protection needs and individual circumstances,” the experts said.

The Refugee Council issued a statement in March 2023. "The Bill (...) is being fast-tracked through Parliament, meaning it will be more difficult for MPs to oppose it or table amendments". The Council's CEO, Enver Solomon, commented that "It [the Bill] is an approach more akin to authoritarian nations that walk away from international human rights treaties, such as Russia and Belarus."

A Joint Council for the Welfare of Immigrants' 'Joint Civil Society statement' (2023) (co-signed by 296 signatories) in July also noted the effect on international obligations.

In abandoning the UK’s moral and legal obligations, the Act risks breaching multiple international human rights treaties including the Refugee Convention and the European Convention on Human Rights while shielding the Government from accountability. The UK Government has admitted that it cannot confirm if the Act is compatible with the UK’s obligations under the European Convention on Human Rights.

Amnesty International UK also issued a Press Release calling the Bill a "shocking new low for the Government" (AIUK, 2023).

The plan to use offshore barges and continue using military barracks and other locations for new channel crossing (small boat) or other arrivals or existing asylum seekers is also underway. Those moved onto the Bibby Stockholm vessel had to relocated temporarily as legionella was discovered in the boat's water supply (Wells and Nimmo, 2023). Allsopp (2023) considers ethical and rights issues involved. Claire (2023) looks at mental and other health concerns in using this enforced accommodation.

Safety of Rwanda (Asylum and Immigration) Bill (2024)

Commentary:

Human Rights and the UK: the broader context of immigration legislation

Webber (2022) examines in some detail specific legislation on human rights issue, including those enshrined in recent immigration legislation. 

Liberty UK (2022) covers the parallel plans to revise or remove the Human Rights Act, which in essence enshrines the European Convention on Human Rights in UK Law. 

Liberty UK (2022) covers the parallel plans to revise or remove the Human Rights Act and replace it with a British Bill of Rights. The HRA in essence enshrines the European Convention on Human Rights (ECHR) in UK Law. These plans appear to have been sidelined since (Bet, 2023). However, there have been calls from Conservative Party MPs for Britain, in the wake of legally-enforced delays to the Rwanda scheme, to leave the ECHR itself, despite this placing Britain effectively alongside the Russian Federation and Belarus as the only wider European non-signatories (Eardley, 2023).

Respected immigration lawyer Colin Yeo (2020) outlines the background and developments in UK Immigration laws and their effects on people's lives.

Houses of Parliament UK

Houses of Parliament in London, the UK featuring Big Ben.  RJJ Photography.  Available at: http://www.freeimageslive.co.uk/free_stock_image/houses-parliament-jpg .

CC By 3.0 licence. 

References

Ahmed, Y. and McDonnell, E. (2024) 'UK should abandon dangerous, authoritarian Rwanda Bill', Human Rights Watch, 30 January.  Available at: https://www.hrw.org/news/2024/01/30/uk-should-abandon-dangerous-authoritarian-rwanda-bill (Accessed 15 February 2024)

Allsopp, J. (2023) Bibby Stockholm - another cruel twist in UK asylum policy? Available at: https://www.birmingham.ac.uk/news/2023/bibby-stockholm-an-cruel-twist-in-uk-asylum-polic (Accessed 18 August 2023

Amnesty International UK (2021) Nationality and Borders Bill: the truth behind the claims. Available at: https://www.amnesty.org.uk/nationality-borders-bill-truth-behind-claims (Accessed 11 March 2022)

Amnesty International UK (2023) 'UK: Government's anti-asylum bill is a 'shocking new low', 7 March [Press release]. Available at: https://www.amnesty.org.uk/press-releases/uk-governments-anti-asylum-bill-shocking-new-low (Accessed 9 March 2023)

Bet, M. (2023) ‘Bill of Rights will be ditched, says Justice Secretary’, Independent, 27 June.  Available at: https://www.independent.co.uk/news/uk/alex-chalk-bill-dominic-raab-government-justice-secretary-b2364951.html (Accessed 18 August 2023)

Braverman, S., Home Office (2023) Home Secretary statement on the Illegal Immigration Bill. Oral Statement to Parliament, 7 March. Available at: https://www.gov.uk/government/speeches/home-secretary-statement-on-the-illegal-immigration-bill (Accessed 9 March 2023)

Clair, A. (2023) ‘Bibby Stockholm: legionella is not the only health threat on the asylum barge', The Conversation, 17 August. Available at: https://theconversation.com/bibby-stockholm-legionella-is-not-the-only-health-threat-on-the-asylum-barge-211641 (Accessed 18 August 2023)

Donald, A. and Gorgan, J. (2024) 'Legislating fiction', Verfassungsblog, 15 January. Available at: https://verfassungsblog.de/legislating-fiction/ (Accessed 19 February 2024)

Eardley, N. (2023) ‘Tories could campaign to leave European human rights treaty if Rwanda flights blocked', BBC News, 9 August. Available at: https://www.bbc.co.uk/news/uk-politics-66438422 (Accessed 18 August 2023)

Gardner, Z. (2020) Parliamentary Briefing: Points-based System.  London: Joint Council for the Welfare of Immigrants. 

Home Office (2021) Nationality and Borders Bill. Information relating to the Nationality and Borders Bill, introduced in the House of Commons on 6 July 2021. Available at: https://www.gov.uk/government/collections/the-nationality-and-borders-bill (Accessed 11 March 2022)

Home Office (2022) Memorandum of Understanding between the government of the United Kingdom of Great Britain and Northern Ireland and the government of the Republic of Rwanda for the provision of an asylum partnership arrangement. Policy paper, 14 April. Available at: https://www.gov.uk/government/publications/memorandum-of-understanding-mou-between-the-uk-and-rwanda/memorandum-of-understanding-between-the-government-of-the-united-kingdom-of-great-britain-and-northern-ireland-and-the-government-of-the-republic-of-r (Accessed 28 April 2022).

Home Office (2023) 'Illegal migration act 2023'. Collection, 8 March, last updated 20 July.  Available at: https://www.gov.uk/government/collections/illegal-migration-bill (Accessed 31 July 2023)

Illegal Migration Act 2023, c37. Available at: https://www.legislation.gov.uk/ukpga/2023/37/contents/enacted (Accessed 31 July 2023)

Immigration Act 2014, c22.  Available at: https://www.gov.uk/government/collections/immigration-bill (Accessed 28 April 2022)

Immigration Act 2016, c19.  Available at: https://www.legislation.gov.uk/ukpga/2016/19/contents/enacted/data.htm (Accessed 28 April 2022)

Immigration, Nationality and Asylum (EU Exit) Regulations 2019.  UK Statutory Instrument 2019 no. 745. Available at: https://www.legislation.gov.uk/uksi/2019/745/contents/made (Accessed 28 April 2022). 

INTO (2018) Job Description Immigration and Compliance Officer. Available at: https://www.intoglobal.com/media/398195/immigration-and-compliance-officer-jd-april-2018-new-.pdf (Accessed 25 June 2020)

Joint Committee on Human Rights (2024) Safety of Rwanda (Asylum and Immigration) Bill. Available at: https://publications.parliament.uk/pa/jt5804/jtselect/jtrights/435/report.html# (Accessed 15 February 2024)

Joint Council for the Welfare of Immigrants (2023) Joint civil society statement on the Illegal Migration Act. 18 July. Available at: https://www.jcwi.org.uk/joint-statement-on-the-illegal-migration-act (Accessed 31 July 2023)

Lea, S. (2016) The Immigration Act 2016 in plain English. Available at: https://eachother.org.uk/immigration-act-2016-plain-english/ (Accessed 25 June 2020)

Liberty (2021a) Liberty's Response to the New plan for Immigration Consultation.  Available at: https://www.libertyhumanrights.org.uk/wp-content/uploads/2021/05/Libertys-response-to-the-New-Plan-for-Immigration-consultation-May-2021-website-version.pdf (Accessed 20 May 2021)

Liberty (2021b) 'Liberty: Government's Immigration Plan Undermines Access to Justice', in Access to Justice, Immigration and Migrant's Rights, 6 May.  Available at: https://www.libertyhumanrights.org.uk/issue/liberty-governments-immigration-plan-undermines-justice/ (Accessed 20 May 2021)

Liberty (2022) The Human Rights Act. Available at: https://www.libertyhumanrights.org.uk/your-rights/the-human-rights-act/ (Accessed 28 April 2022)

Patel, P. (2021) Home Secretary's Statement on the New Plan for Immigration.  Available at: https://www.gov.uk/government/speeches/home-secretarys-statement-on-the-new-plan-for-immigration (Accessed 20 May 2021)

Refugee Council (2022) Nationality and Border Bill: cruel legislation becomes law. April 28. Available at: https://www.refugeecouncil.org.uk/latest/news/nationality-and-border-bill-cruel-legislation-becomes-law/ (Accessed 28 April 2022)

Refugee Council (2023) Understanding the Government's problematic new asylum bill. March 8. Available at: https://www.refugeecouncil.org.uk/latest/news/understanding-the-governments-problematic-new-asylum-bill/ (Accessed 9 March 2023).

Safety of Rwanda (Asylum and Immigration) Bill (2024) Available at: https://bills.parliament.uk/bills/3540 (Accessed 15 February 2024)

Spurling, R. (2021) Analysis: the Borders Bill and the Refugee Convention.  Available at: https://www.freemovement.org.uk/nationality-and-borders-bill-and-the-refugee-convention/ (Accessed 11 March 2022)

Taylor, D. (2024) 'UK’s Rwanda bill ‘incompatible with human rights obligations’: Damning report by MPs warns policy places UK’s reputation for rule of law and human rights ‘in jeopardy’', in Guardian, 12 February.  Available at: https://www.theguardian.com/uk-news/2024/feb/12/uk-rwanda-bill-incompatible-with-human-rights-obligations (Accessed 15 February 2024)

United Nations Human Rights, Office of the High Commissioner (2022) Convention relating to the Status of Refugees: Adopted on 28 July 1951 by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons convened under General Assembly resolution 429 (V) of 14 December 1950 Entry into force: 22 April 1954, in accordance with article 43.  Available at: https://www.ohchr.org/EN/ProfessionalInterest/Pages/StatusOfRefugees.aspx (Accessed 11 March 2022)

United Nations High Commission for Refugees (2022) The Nationality and Borders Bill. Available at: https://www.unhcr.org/uk/uk-immigration-and-asylum-plans-some-questions-answered-by-unhcr.html (Accessed: 11 March 2022)

United Nations High Commission for Refugees (2023a) Statement on UK Asylum Bill. March 7. Available at: https://www.unhcr.org/uk/news/press/2023/3/6407794e4/statement-on-uk-asylum-bill.html (Accessed 9 March 2023)

United Nations High Commission for Refugees (2023b) UN experts urge UK to halt implementation of Illegal Immigration Bill. July 20. Available at: https://www.ohchr.org/en/press-releases/2023/07/un-experts-urge-uk-halt-implementation-illegal-immigration-bill (Accessed 31 July 2023)

United Nations High Commission for Refugees (2024) UNHCR Analysis of the Legality and Appropriateness of the Transfer of Asylum-Seekers under the UK-Rwanda arrangement: an update. Available at: https://www.unhcr.org/uk/media/unhcr-analysis-legality-and-appropriateness-transfer-asylum-seekers-under-uk-rwanda-1 (Accessed 15 February 2024)

Webber, F. (2022) ‘Impunity entrenched: the erosion of human rights in the UK’, Race & Class, 63(4), pp. 56–80. doi: 10.1177/03063968221083193.

Wells, I. and Nimmo, J. (2023) 'Bibby Stockholm barge migrants moved after Legionella bacteria found', BBC News, 12 August. Available at: https://www.bbc.co.uk/news/uk-england-dorset-66476538 (Accessed 18 August 2023)

Yeo, C. (2020)  Welcome to Britain : fixing our broken immigration system. London:Biteback Publishing.

 

The Hostile Environment

Hostile

"We're going to give illegal migrants a really hostile reception" Theresa May, then Home Secretary, first stated in a Daily Telegraph interview (Kirkup and Winnett, 2012). 

She then went on to develop this into a term which has became synonymous with great severity towards those within the immigration system:

  • "The aim is to create here in Britain a really hostile environment for illegal migration," she declares (Kirkup and Winnett, 2012)

Liberty civil rights group has a page on the Hostile Environment (Liberty, 2020) and produced a guide Liberty, 2019).

The Joint Council for the Welfare of Immigrants (JCWI, 2020) has a page and links on information resources covering the Hostile Environment. 

The term 'Compliant Environment' was introduced in an attempt to soften the language, without substantially altering the policies and the involvement of 'ordinary people' in immigration control (Wemyss, 2018)

Home Office Van marked "In the UK illegally?"

Image by Ian Burt CC By 2.0.  In: Global Justice Now (2018) The hostile environment for immigrants. London: Global Justice Now. Available at: https://www.globaljustice.org.uk/sites/default/files/files/resources/hostile_environment_briefing_feb_2018.pdf (Accessed 10 June 2019) 

References

Joint Council for the Welfare of Immigrants (2020) Ending the Hostile Environment. Available at: https://www.jcwi.org.uk/Pages/Category/ending-the-hostile-environment (Accessed 25 June 2020)

Kirkup, J. and Winnet, R., 2012) 'Theresa May Interview', The Daily Telegraph, 26 May, p.4

Liberty (2020) The Hostile Environment.  Available at: https://www.libertyhumanrights.org.uk/fundamental/hostile-environment/ (Accessed 25 June 2020)

Liberty (2019) Report: a guide to the Hostile Environment. Available at: https://www.libertyhumanrights.org.uk/issue/report-a-guide-to-the-hostile-environment/ (Accessed 25 June 2020)

Wemyss, G. (2018) ''Compliant environment': turning ordinary people into border guards should concern everyone in the UK', The Conversation, 20 Nov, Available at: https://theconversation.com/compliant-environment-turning-ordinary-people-into-border-guards-should-concern-everyone-in-the-uk-107066 (Accessed 25 June 2020)

The Cost of Migration

Application charges

NB: always check gov.uk for the latest on government policies and immigration charges which may be subject to change.

Allegations of pressure on housing and health services, and lowering of wages, have been used as an argument against immigration.  Not so often discussed are the steeply rising costs of immigration for the immigrants themselves.

For those seeking to naturalize, seek temporary or indefinite leave to remain, extend limited leave to remain, or stay in the country for a short period, the costs have risen dramatically in recent years, despite a current freeze (Free Movement, 2020). The Immigration Health Surcharge is being increased to £624, with planned exemptions for NHS and related care workers (Home Office, United Kingdom, 2020).

  • For current pricing, see the Home Office's own Immigration and nationality fees web page (United Kingdom, 2020)
  • For a summary of the current situation, including charges for children to become British and the costs to employers for hiring non-EU foreign workers, see information from the legal group Free Movement (2020).

NB: costs and policies can change, so please check latest updates on the relevant web pages. 

See elsewhere on this page for links to key legislation.

References

Free Movement (2020) Immigration and nationality fees unchanged for 2020/21. Available at: https://www.freemovement.org.uk/immigration-nationality-application-fees-2020-21/ (Accessed 29 June 2020) 

Home Office, United Kingdom (2020) 'Media Factsheet: Immigration Health Surcharge', Home Office in the Media. Available at: https://homeofficemedia.blog.gov.uk/2020/06/29/media-factsheet-immigration-health-surcharge/ (Accessed 29 June 2020)

United Kingdom (2020) Home Office immigration and nationality fees: 29 March 2019: updated 6 April 2020. Available at: https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and- nationality-fees-29-march-2019 (Accessed 26 June 2020)

 

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