| 659 years of immigration controls |
659 years of immigration controls Post world war two Pre word war two immigration legislation Immigration Control in the UK Immigration control regulates the entry and refusal of entry of passengers into the UK, the conditions of stay in the UK, the variation of such conditions following entry, settlement and the deportation of persons under the Act.The administration of immigration control is governed by the immigration rules which are laid before Parliament by the Home Secretary from time to time. Operation of immigration control in th UK Which is based on the Immigration Act 1971 which came into force on 1 January 1973. Since then, the main legislation has been the; British Nationality Act 1981, which came into force on 1 January 1983, Immigration Act 1988, Asylum and Immigration Appeals Act 1993, Asylum and Immigration Act 1996, Immigration and Asylum Act 1999 Nationality, Immigration and Asylum Act 2002, Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, Immigration, Asylum and Nationality Act 2006, [Information on this page: extracted from Control of Immigration: Statistics United Kingdom 2005. Published Tuesday 22nd August 2006 by Home Office Research, Development and Statistics (RDS)] (i) The British Nationality Act 1981 defined British citizenship, British Overseas citizenship and (ii) The Immigration Act 1988 made a number of changes to immigration law; some of its provisions (iii) The Asylum and Immigration Appeals Act 1993 came into force on 26 July 1993 and provided for: new rights of appeal for asylum applicants refused asylum; strict time limits on all stages of processing asylum cases; and a swifter procedure for dealing with manifestly unfounded cases. The Act restricted the appeal rights of persons seeking to enter the country as a visitor, or short-term or prospective student, or seeking to extend their duration of stay beyond the maximum period permitted. (iv) The Asylum and Immigration Act 1996 (which came into force in stages, mostly during September and October 1996) introduced the following: (a) an extension of the accelerated appeals procedure to a wider range of refused asylum applications; (b) the designation by the Secretary of State, with the approval of Parliament, of selected countries of destination where there is generally no serious risk of persecution - refusals of such cases being liable to the accelerated appeals procedure; (c) restricting appeals against return to a safe third country within the European Union and other countries so designated (currently Canada, Norway, Switzerland and the USA) to being exercisable only after removal from the United Kingdom. (v) On 2 October 2000, Part IV of the Immigration and Asylum Act 1999 came into force; this supersedes all previous legislation on asylum appeals. It introduced a comprehensive one-step appeals process replacing the old system of multiple appeals. Applicants will be required to set out in a statement all the reasons, outside the scope of the original application, why they wish to enter or remain in the UK. An applicant can make only one application. Anything he says to add to it or change it until such time as a decision is made is a variation of that application that will attract only one decision and one appeal. One problem in the past has been applicants applying for asylum after an immigration appeal has been dismissed in order to delay removal. The "one-stop" system addresses this problem, whilst allowing for genuine changes in circumstances. (vi) The Nationality, Immigration and Asylum Act (NIA) 2002 came fully into force on 1 April 2003. It built upon the 'one-stop' system of the 1999 Act with a single right of appeal which could be brought on one or more well-known grounds restated in Section 84 of the Act. As previously an appellant could raise further grounds of appeal in a 'one-stop' statement which the adjudicator would consider; indeed, it was in his/her interests to do so since if the appellant sought to raise the matter at a later date the appeal would be 'certified' and therefore discontinued if it falls within the terms of Sections 96-99 of the NIA Act 2002. This act also introduced non-suspensive appeals which did not suspend removal and could only be pursued outside the UK. Under Section 94 of the Act this would apply where the Secretary of State certifies the asylum or human rights claim as clearly unfounded. Where the Secretary of State is satisfied that they are entitled to reside in any state designated under Section 94(4) or in any Order derived there from he is obliged to consider whether the claim is clearly unfounded and to certify it as such where he finds it to be so. Where they are not entitled to reside in a designated state the Secretary of State can certify a clearly unfounded claim but he is not obliged to do so. (vii) The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 received Royal Assent in July 2004. One of the Act's key aims is to deter and prevent behaviour designed to frustrate the UK asylum process. The Act provided for the re-structuring of the appeals system. Previously appeals were heard first by an Adjudicator, with scope for permission to be sought to appeal to the Immigration and Asylum Tribunal (lAT). From April 2005, these stages were effectively combined, with appeals heard by an AIT Judge (or by a panel of Judges in more complex or important cases). An onward right of review against a determination of the AIT is to the High Court, for an order that the Tribunal reconsiders its decision on the grounds that it has made an error of law. A transitional system is in place, so that reconsideration applications are initially filtered by a senior member of the AIT. The Act introduced two new offences from September 2004, one of being undocumented without reasonable explanation, and one of failing to comply with the re-documentation process. (i) On 1 January 1994, the European Economic Area (EEA) Agreement came into force. It provided for the right of admission and residence for nationals of the EU to be extended to non-EU EEA nationals. In 1994 the EEA comprised the twelve Member States of the EU, formerly the European Community (EC), together with Austria, Finland, Sweden, Iceland and Norway. Austria, Finland and Sweden subsequently became Member States of the EU on 1 January 1995 and Liechtenstein became part of the EEA on 1 May 1995. (ii) South Africa re-joined the Commonwealth in June 1994. Citizens of that country thereby became eligible for admission as working holidaymakers and for employment if they have a UK-born grandparent. (iii) On 1 October 1994, changes to the Immigration Rules (published as HC 395, replacing HC 251) were made. They included the introduction of the investor category for entry to the UK, restricted the admission of persons of independent means to those aged 60 and over with a minimum income of £25,000 per year, and further restricted switching into a category leading to settlement. (iv) On 5 February 1996, the Department of Social Security withdrew a range of non-contributory benefits from after-entry asylum seekers and from asylum seekers whose application had been refused and who were appealing against that refusal. These regulations were confirmed by the Asylum and Immigration Act 1996. (v) The primary purpose rule, which had been modified in June 1992 to take account of applications where a couple had been married for five years or more and where one or more children of the marriage had been born in the UK or had the right of abode in the UK, was abolished on 5 June 1997. (vi) The provisions of the Dublin II Regulation EC No 343/2003 came into force on 1 September (vii) In July 1998 the White Paper entitled 'Fairer, Faster and Firmer - A Modern Approach to Immigration and Asylum' was published. A number of proposals relating to asylum were made, several of which were implemented immediately (27 July 1998), as there was no need for primary legislation. These have the effect of abolishing the qualifying period of four years for grant of settlement to those recognised as refugees and given asylum and reducing it for those granted exceptional leave from seven to four years. In early 1999 the Home Office established units to implement further measures outlined in the White Paper. Many persons who applied for asylum prior to July 1993 and were still awaiting an initial decision were granted settlement in 1999 under measures aimed at reducing the asylum backlog. (viii) The administrative removal powers contained in Section 10 of the Immigration and Asylum Act 1999 came into force on 2 October 2000. The section introduced new arrangements for overstayers, persons who fail to observe the conditions attached to their leave, and persons who, having entered lawfully in the first instance, subsequently obtain further leave by deception, all of whom would previously have been liable to deportation. (ix) The Voluntary Assisted Returns Programme (VARP) began as a pilot project in February 1999 and was expanded into a full programme in September 2000. VARP is funded by the Home Office but is run by the International Organisation for Migration in partnership with Refugee Action. It provides a service to asylum seekers and persons with exceptional leave who are considering returning voluntarily to their country of origin; independent advice is given on options for return and eligible persons are provided with a ticket and practical assistance with travel arrangements. (x) An agreement between Member States of the EEA and Switzerland came into force on 1 June 2002. The agreement confers on Swiss nationals the same rights as those enjoyed by EEA nationals and their family members. (xi) From 18 December 2002 nationals from Poland, Estonia, Latvia, Lithuania, Bulgaria and Romania became eligible to enter the UK as au pairs. (xii) With effect from 1 April 2003, the implementation of amendments to rule changes published as HC 538 has resulted in a number of changes in the Immigration Rules relating to spouses, fiance(e)s and unmarried partners, including the following. (a) A passenger seeking entry in these categories must be 16 years or over and the sponsor must be 18 years or over on the date leave to enter is granted. (b) (c) Passengers seeking entry as a spouse are to be given two years leave to enter rather than 12 months. A passenger seeking entry as a spouse can now be granted indefinite leave to enter, rather than completing the probationary period, if the passenger has been married to a person who has the right of abode in the UK or has settlement status and is on the same occasion seeking admission to the UK for the purpose of settlement and the parties were married at least four years ago since which time they have been living together outside the UK. (d) A passenger seeking entry as an unmarried partner can now be granted indefinite leave to enter rather than completing the probationary period if the sponsor has the right of abode in the UK or has settled status and the parties have been living together outside the UK in a relationship akin to marriage which has subsisted for four years or more. (xiii) On 1 April 2003, Exceptional Leave to Remain (ELR) was replaced by Humanitarian Protection (HP) and Discretionary Leave (DL). It was considered that the widespread use of ELR was acting as a pull factor and increasing the number of unfounded asylum applications in the UK. These new policies were introduced to ensure that only those who are in genuine need of protection, or where there are other compelling reasons why they should be allowed to stay in this country, are granted leave to remain here outside the Immigration Rules. The criteria to be met for a grant of HP or DL are much narrower and more strictly defined than those used when granting ELR. (xiv) The Family Indefinite Leave to Remain (ILR) Exercise, announced by the Home Secretary on 24 October 2003, allows certain asylum-seeking families who have been in the UK for four or more years to obtain settlement. To qualify, the main applicant of the family unit must have applied for asylum before 2 October 2000 and must have had at least one dependant aged under 18 (other than a spouse) in the UK on 2 October 2000 and/or 24 October 2003. The exercise will not apply to a family where the principal applicant or any of the dependants: (a) has a criminal conviction; (b) has been the subject of an anti-social behaviour order or sex offender order; (c) has made (or attempted to make) an application for asylum in the UK in more than one identity; (d) should have his/her asylum claim considered by another country (Le. he/she is the subject of a possible third country removal); (e) presents a risk to security; or (f) falls within the scope of Article 1 F of the Refugee Convention, or whose presence in the UK is otherwise not conducive to the public good. (xv) Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia became part of the EEA on 1 May 2004. (xvi) In February 2005 the Government announced a 5 year strategy for asylum and immigration: 'Controlling our borders: Making migration work for Britain'. As part of the strategy, on 30 August 2005 the granting of immediate indefinite leave to remain for refugees was replaced with an initial grant of five years' limited leave which is subject to review. (xvii) There were a number of Statement of Changes in Immigration Rules laid before Parliament in 2005. Among them were changes affecting those seeking leave to enter or remain under the Working Holiday Maker Scheme and under the Fresh Talent: Working In Scotland Scheme; in the undertaking of a clinical attachment or dental observer post; as the spouses of members of the armed forces; as religious workers; as qualified nurses and as post graduate doctors or dentists. A full list of the 2005 Statements of Changes in Immigration Rules follows: . HC 194 of January 2005 (took effect 4 February 2005) . HC 302 of February 2005 (took effect 8 February 2005) . HC 346 of February 2005 (took effect 15 March 2005) . HC 486 of March 2005 (took effect 5 April 2005) . HC 104 of June 2005 (took effect 22 June 2005 and 6 July 2005) . HC 299 of July 2005 (took effect 19 July 2005 and 2 August 2005) . HC 582 of October 2005 (took effect 14 November and 5 December 2005) . HC 645 of November 2005 (took effect 13 November 2005 and 30 November 2005) . HC 697 of November 2005 (took effect 22 November 2005) . HC 769 of December 2005 (took effect on 9 January 2006). Before travelling to the UK, visa nationals are required to obtain entry clearance from a British diplomatic post abroad. Since October 2000 under the Immigration (Leave to Enter and Remain) Order 2000, entry clearance serves a dual purpose. It not only permits the bearer to travel to the UK, it also confers as leave to enter from the date of issue and will be activated upon passing through UK immigration control. |