Immigration White Paper Published

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Immigration White Paper Published

Citizenship

Existing Oath of Allegiance

"Secure Borders, Safe Haven"?

A White Paper – Secure Borders, Safe Haven: Integration with diversity in modern Britain – setting out proposals for changes in the nationality, immigration and asylum policy in Britain, was published by the government on February 7.

The Home Secretary, David Blunkett, said:

"For far too long we have seen our immigration, nationality and asylum policies as separate areas that exist alongside each other but operate on different levels for different people. That ignores both the reality of the world we live in, and the need to integrate how we deal with those who come to the UK as economic migrants, asylum seekers or new citizens.

"To welcome others who need our protection or have a contribution to make to our society, we must be secure within a shared sense of belonging and identity. Strong civic and community foundations are necessary if we are to secure integration with diversity. They will enable us to reach out and to embrace those who seek to make our country their home, to work, to contribute or to escape from persecution, torture or death."

The White Paper carries specific proposals on:

Citizenship & Nationality – proposals include:

A new Citizenship Pledge, modernising the current Oath of Allegiance sworn by those taking British nationality;

Ensuring that language skills and knowledge about British society become a requirement of citizenship;

New citizenship ceremonies, which the government says "will end the 'mail order' approach to acquiring British nationality, giving meaning and value to the acquisition of British citizenship".

David Blunkett said on this:

"I believe it is fundamentally important that people living in the UK on a permanent basis should be able to take a full and active role in our society. We should value, promote and give real content to the acquisition of British nationality and the process of integration.

"Evidence suggest that migrants who are fluent in English, are, on average, 20 per cent more likely to be employed than those lacking such skills. To encourage this, we will ask that applicants for naturalisation to demonstrate a certain standard of language. At the same time, we will require knowledge about British society and institutions for those taking on citizenship – helping us secure integration with diversity."

Working in the UK:

The Highly Skilled Migrant Programme – a system in which highly skilled migrants get points for the skills, knowledge and experience they have in order to work in the UK;

Measures to enable foreign students who have graduated in the UK, student nurses, postgraduate doctors and dentists, to switch into work permit employment;

Reform of short term casual and seasonal labour – building on the principles of the Seasonal Agricultural Workers' Scheme (SAWS) to ensure that sectors with short term labour needs can recruit the staff they need;

Reform of the working holidaymakers scheme, with a consultation document looking at ways to make it less restrictive, open to all skill levels, and available to the EU accession candidate countries;

Ministers of Religion – encouragement for qualified foreign nationals already in the UK to apply. The government says this is "so that postholders are not drawn disproportionately from those outside the UK who may have very limited knowledge of British society and our fundamental values. For those entering the UK ensuring they have an understanding and appreciation of the language and culture of the UK";

Changes in the regulation of work permit advisory services.

David Blunkett said on this:

"We are not a 'fortress Britain'. We are an open, trading economy, and we need to ensure that we can recruit the people we need to compete and prosper in the new global economy.

"But we need to be hard headed and realistic about the impact of clandestine entry and illegal working on our social cohesion and fair working practices. I am determined to balance a new comprehensive and holistic approach to managed migration by a tough, competent and clear process for dealing with claims from those wishing to remain in the UK."

Asylum Policy – "Ensuring End to End Credibility" – proposals include:

A new system of induction, accommodation, reporting and removal centres;

A resettlement programme, operated with the UNHCR, to establish legal gateways for certified refugees in need of protection;

The Application Registration Card – launched last week, providing more secure evidence of identity and nationality;

Measures to prevent what the government describes as "delay and obstruction in the appeals system and unmeritorious applications for judicial reviews" – including making the Immigration Appeals Tribunal a Superior Court of Record; setting closure dates on appeals to stop multiple adjournments; tighter time limits on appeals; and measures to ensure the merits test for public funding of legal representation is being applied "properly";

A 50 per cent expansion in the number of appeals that can be heard every month;

An increase of 40 per cent in secure removals centre places to 4,000 by Spring 2003;

Refugee Integration – simplifying integration procedures;

A new Immigration Hotline – through which "members of the public can report immigration offences".

David Blunkett said on this:

"Last year, I outlined radical reform of how we will deal with asylum seekers in this country, and work is already underway to put my new systems in place. The new end-to-end system will be properly managed and effectively operated. We will cut out abuse at the same time as we provide basic fairness and dignity to asylum seekers.

"Trust and confidence in the asylum system is vital for our social cohesion. Our changes to the process will ensure that claims are dealt with fairly and swiftly, while people who have exhausted the immigration process and no longer have the legal right to live in the UK, will not remain here.

"It is often too difficult for those who have a well founded fear of persecution to arrive legally in the UK to seek our help. We propose to develop ways in which some refugees will have their claim considered before they reach the UK. With these procedures in place, they will then be able to travel here in safety and on arrival receive help and protection.

"However, this country will not tolerate so called 'asylum shopping'.

"We expect the international community, and in particular our European neighbours, to share the global responsibility to those that are in need of help."

Tackling Fraud – People Trafficking, Illegal Entry and Illegal Working – proposals include:

A new 14-year penalty for people trafficking to tackle, in particular, the sexual exploitation of women;

14-year penalty for facilitating illegal entry, as announced by the Home Secretary on January 15, 2002;

Enforcement action to tackle illegal working;

Cracking down on "organised crime" through prevention strategies in source and transit countries and targeting criminals through intelligence and enforcement operations;

Information campaign to target would-be employers of illegal workers;

Co-operation with EU partners;

David Blunkett said on this:

"We want to put an end to the trade in human misery. Our laws will be strengthened so that those who exploit vulnerable individuals will be detected and punished."

Border Controls – measures will build on:

Increased deployment of Airline Liaison Officers and Immigration Officers overseas to check and help prevent improperly documented passengers travelling to the UK;

Visa regimes for nationals of countries where there is evidence of systematic abuse of controls;

Increased use of biometric, x/gamma ray scanners and up to date technology at ports and airports.

David Blunkett said on this:

"Our aim is to ensure that both residents and genuine visitors to the UK pass as quickly as possible through our border Immigration Control.

"Using intelligence abroad is stopping many entering the UK illegally – during 2001, 22,515 passengers, carrying inadequate documents, were denied boarding by carriers at Airline Liaison Officer (ALO) locations.

"However, we do not take the enormity of the task of securing our borders lightly, and we are committed to continued investment in new technology and intelligence to combat clandestine entry into the UK."

Marriage and Family visits – proposals include:

Measures to deal with what the government calls "sham marriages" – an increase in the probationary period for marriage from one to two years, helping to tackle the problem of "abusive and forced marriages", as well as fraud;

Consulting on a "no switching" policy to stop people applying to remain on the basis of marriage after entering the UK as a visitor or in a temporary capacity for less than six months;

Changing Immigration Rules for unmarried partners.

David Blunkett said on this:

"Fraudulent marriages are a growing problem in our immigration system. And forced marriages abuse the rights of women in this country. So we need to get tough, changing the rules and following up reports of abuse with enforcement action.

"My proposals will make it more difficult for those who come into this country and enter into a sham marriage. Our changes will not penalise those in authentic relationships, but provide a longer period to test the genuineness of the marriage, and increase the chance of exposing any marriages that are a sham."

The White Paper has this to say on the definition of citizenship:

The word ‘citizenship’ has been used in the context of our nationality legislation since the British Nationality Act 1948 first as ‘British subject: citizenship of the UK and Colonies’ and then in the British Nationality Act 1981 as ‘British citizenship’. Citizenship in this context already embraces allegiance to the Sovereign and applicants for naturalisation as British citizens swear or affirm loyalty to The Queen. Although we have historically used the term ‘British subjects’, this status is now quite narrowly defined in our legislation and is limited to small groups of people who have links with pre-1949 Ireland and the Indian sub-continent as well as informal reference to those living here. So, in promoting citizenship in the manner described in this White Paper, we are building on an existing legal definition in a way that is fully consistent with our position as subjects of a constitutional Sovereign. There is no contradiction in promoting citizenship so that people uphold common values and understand how they can play their part in our society while upholding our status as subjects of HM The Queen.

(BRITISH NATIONALITY ACT 1981)

I (full name) swear by Almighty God that, on becoming a British citizen * I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second Her Heirs and Successors according to law.
Or spoken affirmation
I (full name) do solemnly, sincerely and truly declare and affirm that, on becoming a British citizen* I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her Heirs and Successors according to law.
*or British Dependent Territories citizen
British Overseas citizen
British subject
British National Overseas

PROPOSED CITIZENSHIP PLEDGE FOR PEOPLE BECOMING BRITISH CITIZENS

I [swear by Almighty God] [do solemnly and sincerely affirm] that, from this time forward, I will give my loyalty and allegiance to Her Majesty Queen Elizabeth the Second Her Heirs and Successors and to the United Kingdom. I will respect the rights and freedoms of the United Kingdom. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen.

The National Coalition of Anti-Deportation Campaigns (NCADC) said of the White Paper "Secure Borders, Safe Haven: Integration with diversity in modern Britain":

The document sets out a comprehensive set of measures to deliver an improperly managed, racist and intimidating system of immigration, nationality and asylum for Britain in the 21st Century. The measures will enable the UK to mismanage migration, shut its borders, and build distrust and incredibility in the system amongst the wider community.

There is nothing in this White Paper that can be welcomed by anyone. It is tougher and meaner than any of the previous white papers on immigration.

The White Paper reintroduces the discredited notion of assimilation under the name of integration; while referring to a "two way street" it offers no indication of a strategy for making Britain welcoming or tolerant or how diversity will be promoted.

There are no criteria for judging who "belongs" other than language skills and the Oath of Allegiance.

It will make it more difficult for spouses or partners to become British citizens.

Aside from the UNHCR gateway, which may not be available or accessible in all countries, the White Paper offers no alternative legal means of entry to those fleeing persecution or repression; the legal gateway is not about facilitating entry for refugees, but about screening potential entrants.

The White Paper refers to "delay and obstruction in the appeals system" but does not mention the regular Home Office habit of failing to send its representatives to hearings – thus causing adjournments. Nor does it acknowledge the scandal of 28,000 "non-compliance" refusals in 2001 when asylum claims were refused because a form had not been filled in properly.

It contains the usual warm words about honouring "fundamental moral obligations" to asylum seekers but fails to say that UK will uphold the 1951 Convention rather than attempt to subvert it as the former Home Secretary did.

It is a short period of consultation – until 21st March 2002. They clearly intend to introduce legislation in this Parliamentary session.

The wording of the Oath of Allegiance to the Monarch is meaningless to most UK citizens – why impose it on people from overseas who may feel they have no choice but to declare an allegiance they do not feel.

Everyone should be clear that today's White Paper will mean stricter controls, fewer legal rights, more detention and more deportations for those who manage to make it to the UK.

What is needed is better legal representation not further curtailment of claimant's rights. The new "entitlement cards" will quickly become a way of policing asylum seekers and harassing settled black British people. Asylum seekers will continue to receive only 70% of Income Support and will still be refused the right to work while their claims are being examined.

The White Paper and the Home Secretary's statement make clear that asylum seekers and migrants to the UK will face more surveillance, more harassment, and more pressure to meekly accept whatever fate the government hands out to them.

NCADC will continue to work with asylum seekers and other migrants to support them in their campaigns for justice and freedom.