joseph.DJ@558.net 发表于: 12 May 2006, 18:47
here is Chistine's comment to Mcnulty:
Changes in the settlement rules
The government must recognise that although the Chinese community is small, the majority of them are businessmen or workers, therefore proportionally the effects of your proposals is larger on the Chinese community. The lack of consultation is reflected in the changes in the settlement rules.
You claim that you consulted extensively on many elements contained in the paper, but did not receive any negative response on the changes. I believe there is no response because they did not know, not because the changes do not affect them. The Chinese community are in fact the most affected. As a group, their immigration position has been worsened and made less secure because they no longer have the ability to integrate until after a full 6 years when they qualify for naturalisation to be a British Citizen. Their status within the British society has been made less secure because they are present in the UK without the same rights as others. The lack of equality of status does not serve to inspire confidence for them.
The new system is preventing the integration of migrants as well as accumulating more ways of controlling them. The changes also mean that it is more difficult for migrants to make investments in the country. Business investors will therefore be less likely to expand their businesses because every move they make on their business will need to be approved by the Home Office. There was nothing wrong with the old system, why do you think that the new qualifying period will benefit those setting up businesses? And why is it more realistic?
We thank you for sympathising with our feeling of surprise over the settlement changes but must part with your view that people are not affected. For example, children of business and workers are affected by the change because they may be applying for university as a home student after 4 years previously. The changes made will not affect the allocation of university places but it will delay them going to university. Regarding mortgages to buy a house, this is a milestone in any migrant lives in terms of integration in the host country that is to be settled and in one’s own home. Business and workers would have planned their lives in anticipation of the time they fulfil their 4 year period. However, with the changes to the settlement criteria their plans have been disrupted which is especially troubling for those who are close to fulfilling their 4 years.
The change is also unwelcoming to potential newcomers to the UK because the Government shows lack of care to its migrants’ views and feelings. The lack of consultation sends out the message that Government is prone to changing the law whenever without taking into account the effect on its migrant workers.
The EU directives are not preventing a member state from granting settlement after 4 years and yet for whatever reason, the Government have decided to part from this and change it to 5 years and to implement it with a retrospective effect. We do not understand this. In reference to a letter sent to you by Chris Randall from the Immigration Law Practitioners’ Association, it is unreasonable and unjust to change the length of stay for which work permits can be granted from 4 years to 5 years for those already granted work permits or visas for the other work or business related categories. It gives the impression that they are far from hoping to attract economic migrants to the UK, the underlying message is that their status will never be secure, hardly an attractive option for someone planning where their future may lie.
You stated that the UK is committed to being an attractive destination for hard working and skilled people. I would like to ask how skilled are you proposing these workers be, could you please define ‘skilled’? I am sure you are aware of the fact that we also need unskilled workers.
I organised a conference on 8th April which addresses the new changes to the settlement criteria where numerous people discussed their grievances over the issue. The attendees were not only Chinese; there were Australians, Africans and Pakistanis. This conference demonstrated the hardships that the new criteria have caused. Highly skilled migrants also had their hardship cases which reflected that the impact is spread among the different tiers of workers.
Despite all this, we are delighted to hear that you are nevertheless ready to listen to us about any unintended hardships that are directly instigated by this change. I would like to arrange an urgent meeting with you on this issue which has in evidently affected many.
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joseph.DJ@558.net 发表于: 12 May 2006, 18:50
Here is Mcnulty reply regarding 4 to 5 year:
You also mention the effects of the change to the minimum qualifying period for settlement on those members of the Chinese community who are here for work-related reasons. The change does not affect anyoneî–¸ right to remain and work in the UK. Anyone in employment with valid leave to remain should have no difficulty in completing the fifth year.
Changing the qualifying period to five years brings us in line with the residence criteria of other European countries. The Government does not feel that there are any benefits to be had by maintaining a different provision for the UK than applies elsewhere in the EU.
Your have also raised the point that, in contrast to other changes, this one is retrospective. The policy intention behind this change is to ensure that applicants for settlement in the UK have established a genuine link with the UK. There is no right time to make such a change and it is difficult to accept the argument that a particular group is worse off. The Government must be able to amend the Immigration Rules from time-to-time so that it can give effect to its policies.
As you point out, there will be a consequential effect for citizenship applications from those who are here in an employment-related capacity. Applicants for naturalisation have to have been settled in the UK for twelve months before they can apply for citizenship. This means that naturalisation applications will need to be made after six years in the UK instead of five. However, this compares favourably with practice in other countries.
http://lkcn.net/eubbs/index.php?showtopic=102162&st=480
