LGA Asylum & Refugee Task Group
18 jUNE 2009
UPDATE ON
KEY MIGRATION & BORDER ISSUES
This information is also shared with members of the National Migration Group

June 2009

UPDATE ON KEY MIGRATION & BORDER ISSUES

Contents - Click on text to go to specific topics

1.  AGENCY-wide news

SWINE FLU

VOLUNTARY RETURNS PROJECT FOR REFUSED ASYLUM FAMILIES TO START IN JUNE

REFUGEE INTEGRATION AND EMPLOYMENT SERVICE

REFUGEE STRATEGY

GATEWAY PROTECTION PROGRAMME FOR REFUGEES

IRAQI STAFF SCHEME

REFUGEE WEEK

2.  Border Force

E-BORDERS GOES LIVE

3.  Immigration

UASC REFORM UPDATE

CASE RESOLUTION DIRECTORATE

POINTS BASED SYSTEM

QUALITY OF IMMIGRATION CHECKS UNDER THE NEW POINTS-BASED SYSTEM

MIGRATION ADVISORY COMMITTEE

IDENTITY CARDS: NEW SITES FOR BIOMETRIC ENROLMENT

BORDERS CITIZENSHIP AND IMMIGRATION BILL

EARNED CITIZENSHIP

IMMIGRATION SIMPLIFICATION BILL

GHURKAS GIVEN RIGHT TO SETTLE IN THE UNITED KINGDOM

APPLICATIONS MADE UNDER EUROPEAN LAW

TOUGH NEW REGULATIONS FOR IMMIGRATION ADVISERS

4.  LATEST ONLINE NEWS

1.  AGENCY-wide news

Swine Flu

Owing to the changing situation in relation to swine flu globally, the UK Border Agency recommends that visitors seeking health or travel advice should visit the following websites: for

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health advice visit the Department of Health and for travel advice visit the Foreign and Commonwealth Office. Visit our website for the latest information at UK Border Agency | Swine flu advice

Voluntary returns project for refused asylum families to start in June

On 12th May it was announced that a new pilot project to encourage refused asylum seeker families in Glasgow to return voluntarily to their home country will begin in June. The pilot is a partnership between Glasgow City Council, the UK Border Agency and the Scottish Government. Its aim is to reduce the need for the detention and enforced return of those families whom the UK Border Agency and the courts agree do not require international protection.

Around five families will be accommodated in the project at any one time, and social workers will prepare an individual action plan for each family. While there is already a system in place for giving help and support to refused asylum seekers who wish to return home voluntarily, this is the first project in Scotland which brings these families together in designated accommodation to

receive dedicated help.

Refugee Integration and Employment Service

The service started in Wales on 19th March and is now fully available nationwide. On 20th May, we met with all the Refugee Integration and Employment Service (RIES) providers to review progress, and share experiences and best practice from the first 6 months of operation of the service.

Refugee Strategy

Moving on Together – our new refugee strategy was published on 23 March. The strategy emphasises the Governments continued commitment to support and empower refugees through integration. Hard copies of the strategy have been provided to Group members. A limited number of additional copies can be obtained from Dave Atkinson, Refugee Integration and Resettlement Team: The strategy is also located at: http://www.ukba.homeoffice.gov.uk/aboutus/workingwithus/workingwithasylum/integration/refugeestrategy

Gateway Protection Programme for Refugees

In 2008/2009 we expanded the programme to up to 750 arrivals and resettled the highest number of refugees to date, with almost 700 Gateway refugees being resettled during 2008/9. The quota will remain at 750 for 2009/10. We will carry out three selection missions to Jordan to interview Iraqi refugees and one to both East Africa and Bangladesh during 2009/10.

The UK currently chairs the Annual Tripartite Consultations (ATC) on resettlement. The UK has so far chaired two working groups in Geneva in October 2008 and February 2009. We are preparing for the main ATCR meeting at the end of June 2009 which will be chaired by Matthew Coats, Head of Immigration. We have been working closely with Refugee Council (the NGO Focal Point) and UNHCR during the year.

Iraqi Staff Scheme

Since the start of the scheme 171 individuals (principal applicants and their dependants) have been granted indefinite leave to enter the UK. A further 173 have been cleared and are due to travel to the UK between June and August. We are currently assessing further tranches of

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applications from eligible staff.

The UK Border Agency relies on the voluntary cooperation of local authorities to provide housing for the new arrivals and thus far all arrivals have been resettled in Glasgow. Future arrivals will also be resettled in Liverpool.

Refugee Week

The UK Border Agency is working with the Refugee Council and UNHCR to promote Refugee Week on 15 – 19th June. This UK-wide programme of arts, cultural and educational events celebrates the contribution of refugees to the UK and encourages a better understanding between communities.

Activities for UK Border Agency staff include an online discussion, lunchtime seminars and display stands in 2 Marsham Street. Watch out for the youtube clip which is also being filmed to promote the work of the UK Border Agency and its partners at:

http://www.youtube.com/results?search_type=&search_query=uk+border+agency&aq=f

Further information can be found at: http://www.refugeeweek.org.uk/

2.  Border Force

e-Borders goes live

The e-Borders system went live on 15th May. This was the start of the submission of passenger and crew data into the new e-Borders system, rather than through the semaphore pilot system.

The e-Borders roll out delivers the capacity to cover more routes to and from the United Kingdom and to check more passengers.

By the end of June, the number of passengers who are pre-screened before they cross the border - and are counted in and out - will rise from an average of 35 million a year to an annualised 100 million and beyond. This number increases daily as more air, sea and rail carriers are connected and, by December 2009, e-Borders will screen 60 per cent of all passenger and crew movements, increasing to 95 per cent by December 2010.

The e-Borders pilot, project semaphore, has already successfully screened more than 89 million passenger movements into and out of the UK against watchlists. Alerts from this led to more than

3,200 arrests for crimesincluding murder, rape and assault. In addition, alerts have enabled the agency to impound 120 fraudulently-used British passports, refuse entry to more than 750 people with adverse immigration histories and identify £11.8 million of excise duty avoidance.

The introduction of e-Borders will deliver a step change to the way our border is managed and

operated, providing one of the most advanced border solutions to address the increasing concerns around illegal immigration, border crime and national security. For further information, please check the website: www.ukba.homeoffice.gov.uk/advance-passenger-information.

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3.  Immigration

UASC Reform update

Specialist Authorities

To enable the UK Border Agency to be in a position to assess the viability of moving forward to the Specialist Authority model we have issued papers to a selection of local authorities, outside of London and the South East. We have asked for a detailed breakdown of their current costs in looking after both UASC and former UASC who are entitled to Leaving Care support. The papers were issued at the end of May 2009 to be returned to UKBA by mid-July. This work is being coordinated on our behalf by the Regional Migration Partnerships due to their extensive contacts within Local Authorities.

Once we have analysed the results of this costing exercise we will be in a position to decide whether and how we take forward the specialist authority model that has been endorsed by most agencies in this field as the preferred way forward.

Post-18 funding issues.

A small group of representatives from the UK Border Agency and Local Authorities have met and discussed different options for the future of post-18 support. These include the possibility of legislation so that UKBA takes over responsibility for supporting some of the group.

In the meantime, the Agency is taking steps to contain post-18 costs as far as possible – for example through an initiative throughout the regions of the UK to casework and remove those who are “appeal rights exhausted”.

The Leaving Care funding transferred from DCSF to the Agency was, however, only ever intended to be a contribution towards the costs of caring for this group - given that many have access to other benefits (e.g. DWP) and other funding for care leavers is available through the revenue support grant.

Age Assessment

The High Court has now given guidance on the extent to which reports by paediatricians are a useful means of assessing age.

The Court ruled that a paediatric report is unlikely to be able to reach a conclusion which is superior to a “Merton-Compliant” assessment carried out by properly trained and experienced social workers. We intend to reflect this in the updated guidance we will issue on age assessment procedures.

Case Resolution Directorate

Section 4 Initiatives

CRD met with a small group of stakeholders on 21st May to discuss a number of Section 4 Initiatives. They are:

·  The introduction of a Section 4 Payment Card (to be piloted in July)

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·  Using full board Initial Accommodation for section 4 applicants who are destitute and street homeless (to be piloted in July)

·  Using the Identity & Passport Service Interview Office Network to conduct ‘keeping in touch interviews’ with section 4 service users

·  The introduction of a more comprehensive section 4 application form to include the application for additional services and facilities

·  The introduction of a new Section 4 Bail Application process

The group were given an overview and update on the different initiatives and they discussed what areas needed to be focused on in the evaluation of the Section 4 payment card pilot.

Local Authority reimbursal for prevention of homelessness

Following a short consultation with Local Authorities, CRD have agreed a reimbursal package for local authorities to claim back costs incurred to prevent homelessness for supported CRD cases that have received a positive decision. The package covers a range of options and Regional Directors are in the process of writing to key Local Authorities with this information. The scheme has been backdated to cover grants from 1st April 2009.

Points Based System

Changes to Tiers 1 & 2

On 22nd February, the former Home Secretary, Jacqui Smith, announced her intention to use the flexibility of the Points Based System to respond to the UK’s changing economic circumstances. Three significant changes were announced. From 1st April 2009:

·  all employers must now advertise vacancies to resident workers through JobCentre Plus before bringing in a worker from outside Europe;

·  each shortage occupation list is being used to trigger skills reviews that focus on up-skilling the resident workforce; and,

·  the qualifications and salary required for Tier 1 (General) have been raised to a Master’s degree and a minimum salary of £20,000.

In support of the changes to Tier 2, the UK Border Agency began a national advertising campaign on 29th April. Further information on the Resident Labour Market Test is available on the UK Border Agency website:

http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/employingmigrants/residentlabourmarkettest/

The points calculator available on the UK Border Agency website has been amended to reflect the changes to Tier 1. Full details of the former Home Secretary’s announcement, including an extract from her speech, are available on the UK Border Agency website.

Tier 5 (Youth Mobility Scheme) – update

Entry to the United Kingdom under the Points Based System (PBS) Youth Mobility Scheme is based on a quota system for participating countries, with Australia, Canada, Japan and New Zealand currently participating in the scheme. The issuing level for Japanese nationals for the period ending 31st December 2009 has been reached and we will no longer be accepting new applications for this year. Japanese applicants may next apply from 1st January 2010.

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Nationals of Australia, Canada and New Zealand may continue to apply throughout 2009 unless we announce otherwise.

Further information on all aspects of applying under PBS is available on the UK Border Agency website http://www.ukba.homeoffice.gov.uk

Quality of immigration checks under the new Points-Based System

The UK Border Agency has responded to claims in the media that the United Kingdom's new points-based system for visa applications has weakened security, particularly with regard to applications for student visas, by replacing face-to-face interviews with a 'tick-box' system. Details of the Agency’s response can be found at:

UK Border Agency | Quality of immigration checks under the points-based system: UK Border Agency response

Migration Advisory Committee

The MAC published its first recommended shortage occupation lists in its report to the Government in September 2008. A first partial review was recently published and they are now in the process of beginning their second partial review of the lists, the recommendations from which will be submitted to the Government in the autumn.

The job titles and occupation groups being reviewed are:

·  Engineering

·  Health

·  Chefs

·  Teachers (primary, secondary and further education)

·  Town planners

·  Transport planners

·  Managers in construction

·  Quantity surveyors

·  High integrity pipe welders

·  Ship and hovercraft officers

·  Veterinary surgeons

·  Sheep shearers

·  Work riders

·  Ballet dancers

·  Skilled fish filleters

The committee have emailed and written to over 150 key stakeholders in connection with this review and they are in the process of meeting with and visiting relevant government departments, employers and employer representatives.

The Committee’s remit is that shortages should be UK wide (or Scotland only) however this will be partially informed by evidence gathered from the UK regions and devolved administrations.

In addition to the shortage work the Committee has also been asked by the Government to offer advice on the following three questions:

·  Is there an economic case for restricting tier 2 to shortage occupations only?

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·  What is the Committee's assessment of the economic contribution made by the dependants of the points-based system migrants and their role in the labour market?