Hello,
Listening to Lin Homer (Director General, IND) and Lyam Birne (HO Minister) (http://www.publications.parliament.uk/p ... c77502.htm during their interview with the Parlament Home Affairs Committee, it became clear that we are in for a new shock when they implement the new Immigration and Nationality Act comes into force later in 2006.
- Why my feeling about this? They did not said "all HSMP and WP will have to apply under the new....."; but if you read carefully the responses from the HO ministers, it is clear that they are under a lot of pressure to deliver results, they have serious problems all over the place and they can not wait four or five years for the solution to arrive. This is the reason why they implemented the ILR 4-5 retrospectibly. They have no more time to waste. With the new points system they can not allow us to retain the WP for four years and the HSMP for four years, why? because their changes will then take four years to arrive and they won't be able to show results. They have tried a little experiment called 4-5 ILR and it worked, with a single decision they stoped thousands of people achieving ILR in the next 12 months and those thousands of people would now have to apply under the new points based system.
You just can not achieve any of the expected results if in August 2006 you leave the thousands of WP and HSMP holders untouched, plus it will cause confusion among employers (who at the end would be partially responsible under the new system); how can you have employers checking four different types of visas? WP, HSMP, Tier 1, Tier 2?
Also, HO thinks there are too many people arriving in the UK and what easier way to reduce the number NOW, than just issuing very high tresholds for the points based system....instead of 65, ask for 85... think about the uncertainty of not knowing if your application will be approved after living here.
Some notes from the session:
"Mr Byrne: You are right to say that answer is incomplete. The points-based system is part of it because points-based system business will take some responsibility of sponsors and, therefore, that is a locus for enforcement of immigration rules for certain types of people. With the implementation of the Immigration and National Act though later on this year I do think it is incumbent on the new ministerial team to give much more thought to what is the right enforcement and removal strategy for IND in the future. "
"Mr Byrne: I think the purpose was set out fairly clearly and most recently in the five-year plan which was published in 2005."
"managing migration to the benefit of this country and ensuring that it is something that is positive for us and contributes importantly to our economic growth, but at the same time balances the need for people to come into this country with the need to keep people who live here safe, and to keep communities cohesive."
"Mr Byrne: Part of the answer is definitely in the implementation of the points-based system. It is going to be important that businesses where they are acting as sponsors take their responsibilities seriously. I think the point here is that businesses benefit from immigration a great deal, they benefit from that different and expanded labour market, they benefit from access to the skills. Those privileges do come with a few responsibilities to take things a little bit more seriously. Lin, I do not know if you would like to add anything on particular responsibilities that come in under sponsors for the points-based system?
Ms Homer: Chairman, I think the point is well made that in the points-based system we are trying to get a stronger sense of risk sharing with employers. Currently we do both put out generalised advice in our leaflets and on our website to employers and we also do a significant amount of work directly with employers, both if there is an area that we have identified as being at risk in a proactive way and also if we are approached for support and help. We might take a big employer and help them set up processes whereby their veracity checks can be improved. Bluntly, we will sometimes do that when we have done an intelligence-led raid and perhaps ended up prosecuting them or removing members of staff and/or we might do it when we are asked. We will tend to struggle more obviously with the thousands and thousands of very small employers and then the opportunity open to us is to work with some of the associations and I think that is another very valid area for us to look at as we go forward."
"Ms Homer: Chairman, if I could just add a point of detail there. The points-based system is introducing a form of administrative review in the place of some of the current judicial reviews. The IA Act also removed a number of appeals in the work and study routes, for example some of the non-asylum routes. There are still a significant number around the family visit routes which will be subject to appeal rights and I think that is an area where continuing discussion about the balance of the right to challenge a decision that may be flawed versus the burden of hearing that challenge which needs to be kept on the table."
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Personal Comments:
I suggest you read the whole session. Please read between the lines, link this with the 2005 document and what happened with ILR.
- They have a lot of pressure to deliver results and clearly they beleive that the points based system is the only way out.
- They know this is a BIG problem, they know public opinion and the Parliament are on to them and they know the Immigration Act, and the solution CAN NOT start AS OF AUGUST 2006...because that would leave approx 250,000 people uncovered.... so, as the 2005 paper suggested, we would ALL have to reapply for the visas..that means, trying to comply with the requirements that we don't know what they are and that we didn't accepted when we decided to make britain our home, this is not about one more year, this is about having to apply again, not knowing if you will get your visa, not knowing if you will get a letter saying you have to leave in 28 days....I have a family and a house, how on earth would I pack and leave in 28 days?.
- They beleive there are too many people comming.
- They need to offload some responsabilities of the immigration process; for example one question asked by the MPs was regarding how to control that people get NI numbers only when they are allowed to work; their response was the points based system, because employers will take more responsability while sponsoring. What about the HSMP Equivalents? no employer involved there....would they try to make everyone get a sponsor?
Think about 4-5 retrospective change and now prepare yourself to reapply under the "new points system"; imagine after living here and paying taxes you will receive a letter from HO declining your application based on a new points system, new requirements you didn't know when you applied in 2002, 2003, 2004....again they will put on us a retrospective change.... second shock.
Many of us are sitting comfortably at home thinking, well, one more year....not a problem.....THINK AGAIN....you may loose your visa because of the new changes and then IT WILL BE TOO LATE.
Think about it and lets ACT NOW!
It was on tv today, 9pm.
BBC Parliament, just finished, took about one hour, they are describing how they plan to "fix" the immigration problem....
All their comments connected to the "new points system" between the lines is clear that at the end of the year we will have a major change on the way the visas are structured....some references to employers taken more responsability....at one point it looked like a mix of point and WP (points and employer support)....but we will have to apply again for our visas anyway....again it will be retrospective....
The HO people were taking a grilling from the Home Affairs Committee....I suggest we continue our strategy with them, sending information to each one of the members, they have face to face reviews with the HO.....
I know the organizers of the demonstration today will post a detailed report, one of the suggestions from one of the lords was to send our complaints:
http://www.ind.homeoffice.gov.uk/contac ... sprocedure
I think having a template for the complaints will facilitate our work a great deal....anyway, our numbers are too low, we need to grow awareness. send emails to everyone we know....contacting HSMP and WP lawyers so they send letters to their customers telling about the change....HO will never do it...
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