HOUSE OF COMMONS LIBRARY
Immigration and asylum policy: Government plans and progress made
Standard Note: SN/HA/5829
Last updated: 10 May 2012
Author: Melanie Gower
Section Home Affairs Section
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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 believes that it will be able to reduce overall net migration levels, whilst simultaneously attracting more of the 'brightest and best' migrants whose presence is deemed to be most beneficial to the UK.
With this in mind, the Government has been reviewing all immigration categories and routes to permanent settlement, and is gradually introducing changes to their associated eligibility criteria and conditions.
The Prime Minister and Home Office Ministers have often referred to a desire to reduce annual net migration levels over the course of this parliament from "hundreds of thousands" to "tens of thousands." However this goal was not explicitly referred to in the Coalition Agreement, and other Government Ministers, including the Deputy Prime Minister, have downplayed the significance of any "fixed numerical target" for immigration policymaking.
This note provides an overview of the Government's immigration and asylum policy priorities, and the progress it has made so far in implementing them.
Many of the Government's proposals are in a similar vein 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 proposed Border Police Command and the 'caps' (limits) for certain categories of economic migrant.
This note focuses on objectives set by the Home Office and the UK Border Agency. Reforms led by other government departments are also directly affecting persons within the immigration and asylum system, such as recent developments in civil legal aid.
Contents
1 The big picture: reducing net migration, focussing on the 'brightest and best'
2 Progress update
2.1 Economic migration
2.2 International students
2.3 Family migration
2.4 Asylum
2.5 Article 8 ECHR
2.6 Illegal immigration
2.7 Promoting integration
2.8 EU migration and cooperation with EU policymaking
2.9 UK Border Agency: resources and reorganisation
3 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 thinking on immigration and asylum:
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 some particular actions which the Government intended to take (discussed in section 2 below). 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). [2]
Subsequent Ministerial speeches and statements have set out the Government's intentions in greater detail.
In a speech made on 7 September 2010, Damian Green, 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, the Minister 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 speech on immigration, made on 5 November 2010. Arguing that immigration under Labour had been "out of control", the Home Secretary 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]
On 14 April 2011 the Prime Minister made a high-profile speech on immigration. One of the points he made 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]
The Prime Minister stated that the Government was "on track" to meet the aim of reducing net migration to tens of thousands a year. However, 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]
More recently, the Government has sought to emphasise the broader objectives behind its efforts to reduce net migration levels; namely, establishing a 'selective immigration system'. In a February 2012 speech on 'Making immigration work for Britain', Damian Green explained:
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]
Office for National Statistics estimates of migration are released in two stages. Provisional estimates are released around 8 to 9 months after the end of each period, while final estimates take about a year. This means that the most recent final estimate of net migration is for the year to December 2010, while the latest provisional estimate is for the year to June 2011. According to these estimates:
• Net migration in the year to December 2010 was 252,000
• Net migration in the year to June 2011 was 250,000
Net migration in the year to December 2010 was the highest in any calendar year on record.
Limiting numbers of skilled non-EEA workers
• See Library standard note 05922 April 2011 changes to Tier 1 and Tier 2 of the points-based system and indefinite leave
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. [10] The annual limits on non-EEA economic migration came into effect on 6 April 2011. [11] Two visa categories were affected: Tier 2 (General) and Tier 1 (Exceptional Talent). [12]
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." [13] 1,000 visas were available for the financial year 2011-12. [14]
The 2011-12 limit for Tier 2 (General) visas (which are for skilled non-EEA workers with a firm job offer) was set at 20,700. This limit, which was undersubscribed, only applied to 'new' workers applying from overseas. Skilled migrant workers who were already in the UK, and workers recruited to fill jobs with salaries over £150,000 were not counted as part of the limit. In addition, Tier 2 visas were restricted to 'graduate-level' jobs.
At the same time as the limits were introduced, various other changes were 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 - was closed to new applicants. The Government did not consider that it had been effective in attracting highly skilled workers. UKBA sampling indicated that "a sizeable proportion" (29%) were working in unskilled employment roles in the UK. [15]
• The eligibility criteria and conditions attached to Investor and Entrepreneur visas were relaxed, in an attempt to encourage more to come to the UK.
• Stricter eligibility criteria and conditions were introduced for Intra-company Transfer visas (such as by raising the minimum qualifying salary threshold). See Library standard note 05752 Immigration: Intra-company transfers.
The Government has recently confirmed that the limits for Tier 2 (General) and Tier 1 (Exceptional Talent) visas will remain unchanged, at 20,700 and 1,000 respectively, for the next two financial years (i.e. 2012-13 and 2013-14). It has also announced some further changes which will affect Tier 2 workers (including increasing the number covered by the limit):
• See UKBA news updates, 'Annual Tier 2 limit announcement', 4 April 2012; and 'Changes to the Immigration Rules come into effect on 6 April 2012', 5 April 2012
Moving between temporary and permanent migration
• See Library standard note 06037 Immigration: permanent settlement reforms (workers)
'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. [16] Since then there has been 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 non-EEA skilled workers' eligibility for permanent settlement were introduced, following a public consultation. 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. Scientists and researchers doing PhD level jobs, and workers filling vacancies on the shortage occupation list, will be exempt from this settlement pay threshold. Tier 1 migrants' settlement rights are unchanged. Previously, most highly skilled and skilled workers (Tiers 1 and 2 of the points-based system) were eligible for settlement after five years in the UK (sooner for Investors and Entrepreneurs).
• See UK Border Agency news release, 'Automatic settlement for skilled workers to end', 29 February 2012
New maximum lengths of stay have been introduced for some skilled and temporary workers (i.e. Tiers 2 and 5). In addition, migrant domestic workers are no longer eligible for permanent settlement (discussed in a separate Library standard note 04786 Immigration: migrant domestic workers).
Changes to Tier 4 visa conditions
• See Library standard note SN/HA/5999 Immigration: Tier 4 (student visa) reforms
Following an earlier public consultation, on 22 March 2011 the Home Secretary announced a comprehensive set of reforms to student visas (Tier 4 of the points-based system). [17] The changes are being gradually implemented between April 2011 and the end of 2012.
The reforms are 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 pose the greatest risk of abuse. The changes have 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 must meet more demanding requirements in order to be eligible for a licence to sponsor international students. They are generally building on measures introduced by the previous government.
The Immigration Minister has estimated that the reforms will reduce the number of student visas by around 70,000 a year, and that by the end of this Parliament there will be around 260,000 fewer students and 100,000 fewer dependants' visas. [18]
Post-study workers
• See Library standard note 05881 Immigration: Tier 1 (post study work) visas
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. International graduates can now only 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').
The Government considered that the post-study work visa 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 doing 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.
The Government has estimated that only around half of the international graduates granted post-study work visas in 2010 would have been able to stay if the measures implemented in April 2012 were in place at the time.
• See Library standard note SN06216 Immigration: Reforms to family migration routes
The Government repealed the legislation underpinning the 'certificate of approval' scheme. This was introduced by the Labour Government in a bid to deter 'sham marriages' but had been found by the courts to be unlawful. [19]
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. [20] The Government considers that this will "protect the economic well-being of the UK, for example by encouraging integration and protecting public services." [21] The Labour Government had previously announced similar plans, scheduled to come into effect from summer 2011. [22]
In July 2011 the Government launched a public consultation on a comprehensive set of proposals for reforms to family migration categories. [23] The consultation closed in October 2011, but the Government has not yet confirmed its intentions. Most of the changes would affect non-EEA national persons entering as spouse/partners or dependant relatives of British citizens and persons permanently settled in the UK. Significant proposed changes to spouse/partner visas include a longer residence requirement before becoming eligible for permanent settlement, more checks on the genuineness of the relationship, and stronger powers to prevent 'sham' and forced marriages. The consultation also proposed introducing a minimum income requirement for British citizen/settled persons wishing to sponsor a family member to come to live in the UK. The Government's Migration Advisory Committee has suggested a minimum gross sponsor income threshold of between £18,600 and £25,700 per year in order to sponsor a spouse/partner. It has estimated that around 45% of applicants would fall short of the lower income threshold and 64% would fall short of the higher level.
Some other proposals in the consultation would affect other immigration categories, notably dependants of points-based system migrants (i.e. workers and students).
The consultation also included a proposal to remove the full right of appeal in family visit visa cases. The Government has since announced plans to legislate to do this during the 2012-13 session, through the Crime and Courts Bill. [24]
The Coalition Agreement stated that the Government would explore ways to new improve the current asylum system to speed up the handling of cases. [25] 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, with a view to being implemented nationally where appropriate by December 2011. [26] The UKBA published a progress report for the project in May 2011. [27]
The Government has 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". [28] These will 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.
The UKBA has completed its substantive work on the 'case resolution exercise', which was launched under the previous government to review and conclude all unresolved pre-2007 asylum claims. [29]
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 (see Library standard note SN05618 Asylum: Claims based on sexual identity). [30]
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 UKBA staff. Those who do not leave have their removal arranged by the UKBA, but are able to continue to live in the community whilst preparing for removal and make a self-check-in at the airport. Families who do not cooperate with these processes have their cases referred to a new independent panel of experts. The panel is able to recommend a tailored family return plan. As a last resort, non-compliant families may be accommodated for 72 hours prior to departure in a new style of family friendly secure "pre-departure accommodation." In addition, reforms to improve the handling of family cases throughout the asylum determination process are being developed, such as to improve UKBA caseworkers' specialist skills for working with families (see Library standard note SN/HA/5591 Ending child immigration detention). [31]
The Government sought to "open discussion" of how the UK's obligations under Article 8 of the European Convention on Human Rights should be taken into account in immigration applications, as part of its consultation on family migration. [32] It has not yet set out any detailed proposals for change.
The Government confirmed its support for e-Borders and the reintroduction of exit checks in the Coalition Agreement. e-Borders was launched under Labour with cross-party support. [33]
A joint UK-France declaration on cooperation in measures against illegal migration and human trafficking was agreed in November 2010.
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.
The Home Office has stopped funding the Refugee Integration and Employment Services project, which aimed to promote the integration of persons granted asylum in the UK. The Government has stated that the UKBA is working with the voluntary sector to identify "practical, cost neutral, solutions to address the integration needs of refugees." [34]
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. [35]
The Department for Communities and Local Government published details of the Government's approach to integration in February 2012. [36] It emphasises that integration of migrants is primarily an issue for local authorities to deal with, rather than a matter for central government.
2.8 EU migration and cooperation with EU policymaking
EU migrants' rights to enter and live in the UK are governed by European law rather than domestic legislation. 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. [37]
In relation to EU cooperation on asylum and immigration matters, the Government has taken decisions to 'opt-in' to measures 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. [38] 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. [39]
2.9 UK Border Agency: resources and reorganisation
The UKBA's budget is being reduced by up to 20 per cent over the next four years, and its headcount will fall by around 5,200. [40] It intends to make a greater use of technology and computer-based systems in order to improve its efficiency and productivity. [41]
The Border Force, which had previously been part of the UKBA and is responsible for entry controls and customs functions at UK borders, split from the UKBA and became a separate organisation with effect from 1 March 2012. [42] The UKBA remains responsible for asylum and immigration casework, in-country enforcement activity and immigration operations overseas.
In addition, the Government intends to establish a dedicated Border Police Command, as part of a new National Crime Agency. Some details of the Government's plans were set out in a 2010 Home Office consultation paper. [43] The Government believes that establishing a Border Police Command will improve coordination of border control and security operations. The National Crime Agency is expected to be established by the Crime and Courts Bill, announced in the Queen's speech on 9 May 2012. [44]
The Crime and Courts Bill is also expected to include measures to increase Immigration Officer's powers to tackle serious and organised immigration crime. [45]
3 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.
Regular announcements on immigration and asylum policy, and details of public consultations, are published on the UKBA website.
The Home Affairs Committee frequently takes evidence from Government Ministers and senior officials on issues relating to immigration and asylum policy and practice, and has conducted several inquiries on related matters during this parliament. From time to time other Parliamentary Committees undertake inquiries which also deal with related issues.
The independent Migration Advisory Committee publishes regular research for the Government on migration issues (particularly economic migration).
The Independent Chief Inspector of the UK Border Agency and Border Force is responsible for monitoring and reporting on the efficiency and effectiveness of the UKBA and Border Force.
(End)
[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] 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] 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] Home Office speeches, 'Making immigration work for Britain', 2 February 2012
[10] HM Government, The Coalition: Our programme for government, May 2010, ref: 401238/0510
[11] This followed temporary interim limits being introduced in July 2010 and a public consultation on annual limits.
[12] There have been longstanding fixed quotas in place for certain other immigration categories (SAWS scheme, SBS scheme, Tier 5 (Youth Mobility) scheme)
[13] HC Deb 23 November 2010 c169
[14] HC Deb 23 November 2010 c169
[15] UKBA, Points-based system Tier 1: an operational assessment, 16 November 2010
[16] HC 863 as amended by HC 908
[17] HC Deb 22 March 2011 cc855 - 872
[18] HC Deb 16 June 2011 c372WH
[19] Library standard note SN/HA/3780 Immigration: Abolition of the Certificate of Approval to Marry requirement contains background information.
[20] 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.
[21] HC Deb 30 November 2010 cc770-1W
[22] UKBA website [National Archive version], Earning the right to stay: A new points test for citizenship, July 2009
[23] UKBA, Family migration - a consultation, July 2011
[24] Cabinet Office, The Queen's speech - background briefing notes, 9 May 2012, p.38
[25] HM Government, The Coalition: Our programme for government, May 2010, ref: 401238/0510
[26] See HC Deb 15 November 2010 cc545-6W for further details. Implementation timetable as per Home Office Business Plan 2011-2015, May 2011.
[27] UKBA, Asylum Improvement Project Report on Progress, 26 May 2011
[28] Home Affairs Committee, Government Response to the Committee's 4th Report of Session 2010-12 HC 1027 16 May 2011, p.5-6
[29] See Library standard note SN04439 Asylum 'legacy' cases
[30] UKBA, Asylum Policy Instruction 'Sexual orientation issues in the asylum claim '(v4.1 accessed 22 June 2011)
[31] HC Deb 16 December 2010 cc125-7WS
[32] UKBA, Family migration - a consultation, July 2011
[33] Se Library standard note SN/HA/5771 The e-borders programme
[34] HC Deb 15 March 2011 cc227-8W
[35] Se Library standard note SN/HA/5725 Migration Impacts Fund
[36] DCLG, Creating the conditions for integration, 21 February 2012
[37] HM Government, The Coalition: Our programme for government, May 2010, ref: 401238/0510
[38] HC Deb 9 December 2010 cc43-46WS
[39] HC Deb 21 January 2011 c56WS. The first annual report (Cm 8000) was debated on 22 June 2011: GC Deb 22 June 2011 cc103-118
[40] HC Deb 24 November 2010 c301W
[41] HC Deb 22 November 2010 c75W
[42] HC Deb 1 March 2012 c43WS
[43] Home Office, Policing in the 21st Century: reconnecting people and the police, 26 July 2010, para 4.42 – 4.43
[44] Cabinet Office, The Queen's speech - background briefing notes, 9 May 2012
[45] Cabinet Office, The Queen's speech - background briefing notes, 9 May 2012
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