What is the Bill?

“The Borders, Citizenship and Immigration Bill was introduced in the House of Lords on 14 January 2009.  The Bill covers 4 areas:

• implementation of reforms to the Common Travel Area between the UK and Ireland;
• reforms to settlement or naturalization as a British citizen;
• new powers for the UK Borders Agency (UKBA);
• Introduction of a duty regarding the welfare of children on the UKBA.

There are serious concerns around all four areas (see NIHRC and JCWI submissions on the Bill  for further details). There are in particular implications around the creation of border patrols along the land border (see CTA sections) which will more than likely lead to further racial profiling.

 

UNISON Migrant Worker members have been particularly concerned with the changes to settlement and the increase difficulties to access citizenship (clauses 37-45).

 

Currently migrant workers can apply for settlement after 5 years. If successful they are given ILR (Indefinite Leave to Remain) for a year and can then obtain full citizenship (provided they can demonstrate a sufficient level of English and complete the life in the UK test)

 

Instead of ILR for 1 year, the Bill introduces a ‘probationary citizenship’ (!) for up to 3 years. The number of years can be reduced by doing some sort of volunteering or community service.  During this period, there is no access to social protection (as was the case with ILR).

 

Individuals who apply for probationary citizenship on the basis of employment will also need to be able to show that they have been in continuous employment since the date of the grant of the leave. 

 

Under the present proposals people who want to settle here but do not seek to become British Citizens would face extended periods without social protection before being able to settle. This measure is de facto discriminatory against nationals of countries who do not permit dual citizenship (e.g. India).

 

UNISON's concerns regarding the proposed Bill

Increasing migrant workers’ vulnerability

These measures are particularly worrying. They lengthen the period during which migrant workers are totally dependant on their employer and they considerably increase their vulnerability.

 

There is no safety net should they face a crisis. With no access to benefit and no status outside of their work permit, migrant workers would be in a very difficult position to challenge any abuse at work. This gives employers a worrying level of power over their migrant worker employees.

 

As Filipino nurses have pointed out during information sessions organised by UNISON, this new bill ‘changes the goal post’. Some migrant workers have left everything behind to come and work in our hospitals on the understanding that after 5 years they would be able to apply for settlement. Those who have not yet obtained citizenship face the prospect of another 2/3 years period before they can obtain a more settled status. Many of our members feel this is grossly unfair.

 

Rationale for introducing these changes?

To introduce measures that will infringe on Human Rights, the British Government must show that this interference is necessary, proportionate, in pursuance of a legitimate aim and adequately proscribed by law.

 

The case for the necessity of the proposed changes remains to be made!

 

The absence of social protection, in the form of social security, housing assistance, etc, for longer periods of time is set out as a cash benefit by Government. This will come at a considerable human cost.

 

The Government has put forward proposals based on the need to ‘control’ migrants, with little credible evidence to support this case. The bill has also been presented under the banner of improving community cohesion by promoting shared ‘British’ values (such as obeying the law, hard work, etc.).

 

Beyond the neo colonial undertone of the bill, it beggars belief that increasing people’s vulnerability for a longer period could be presented as a formula for greater community cohesion. On the contrary, the exploitation of migrant workers leading to lower standards in terms and conditions in the workplace is a classic recipe for building up resentment and allowing racism to flourish.

 

 

What can we do?

Keep an eye on the developments and timetable for the Bill:

http://services.parliament.uk/bills/2008-09/borderscitizenshipandimmigration.html

 

UNISON is circulating petitions to call on our MPs to introduce amendments to this Bill.

Please circulate as widely as possible and return to the UNISON office by March:

UNISON Petition

  

Further suggestions welcome!! Please email Nathalie Donnelly, n.donnelly@unison.co.uk