University of Westminster Policy Brief: Immigration and UK Government

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This policy brief examines the UK's immigration policies, focusing on the challenges of irregular immigration and its impact on human rights. The report provides an overview of the current scenario, highlighting the increase in both legal and illegal immigration. It delves into the irregularities of immigration pathways and the behaviors of irregular immigrants, categorizing them as planners, successive intentionals, and accidentals. The brief analyzes the perceptions and experiences of Immigration Enforcement, particularly regarding employment, healthcare, accommodation, and family life of immigrants. It also explores the impact of staffing levels and budgets on enforcement efforts. The conclusion emphasizes the need for more balanced policies and the importance of addressing the concerns of immigration officers, considering employment contracts, and media influences. The report also discusses the lack of laws and policies in relation with the immigration agitates the Immigration Officers the most as the constant changes, employment contracts and the media create conditions that are quite difficult to work in.
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University
Policy based upon Immigration of other nationalities in UK
Student Credentials
1/11/2020
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Policy Brief 1
Contents
Executive Summary...................................................................................................................2
Policy Brief in relation with Immigration of people from other nations in the United
Kingdom.....................................................................................................................................4
Current Scenario.....................................................................................................................4
Irregularity of the Pathways...................................................................................................5
Immigration Enforcement’s perception, responses and experiences.....................................6
Human rights; basic focus upon:............................................................................................6
Employment........................................................................................................................6
Health Care in relation with the Immigrants......................................................................7
Accommodation..................................................................................................................8
Family life...........................................................................................................................9
Staffing level and budget........................................................................................................9
Immigration enforcement.......................................................................................................9
Conclusion................................................................................................................................10
Bibliography.............................................................................................................................11
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Policy Brief 2
Executive Summary
The processes used by the governments in cases where the immigration or the migration
which is illegal takes place and the authorities trying to deport such individuals or even
prosecute them through the regulated procedure has been debated in the given policy brief.
The key focus here has been the effects, limits as well as the impacts of the law enforcement
on the in –country immigration. Also, another certain issues involving the strict legislation
relating to the illegal immigration or migration for that matter have been investigated upon
and are as follows:
The ways in which law enforcement agencies work in relation with immigration.
The areas in which law enforcement is ethically, practically, legally and politically
limited to where immigration is concerned.
The ways in which the practices of the employers, measures related to enforcement
and strategies made for irregular immigrants is linked.
The way in which internal immigration control is navigated by the irregular
migrants
The way in which policies are being shaped due to the impacts as well as the
actions that are being taken.
The way in which the enforcement of laws affects the access of the fundamental
rights by the irregular migrants.
As per the findings, it was concluded that there were lacks in the laws and these lacks in the
policies and the laws in relation with the immigration agitates the Immigration Officers the
most as the constant changes, employment contracts and the media create conditions that are
quite difficult to work in. There is quite a misbalance between the three levels of institutions;
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Policy Brief 3
the organization and the political leadership; staff in the frontline as well as at the senior
level; and all the other individuals working in the organization.
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Policy Brief 4
Policy Brief in relation with Immigration of people from other nations in the United
Kingdom.
Current Scenario
In the recent years there has been a rapid increase in the immigrants be it legal or illegal in
the United Kingdom. With the help of the immigration policy available in the country, the
country has been trying to get rid of the irregular immigration in the country, by making it
difficult for people as such to survive in there without any official status. The concept of
‘Hostile Environment’ refers to the sharing of immigration data or status of certain
individuals with the service providers of every sort involved be it landlords or employers and
these people need to share the said data with the Immigration Officers (The Guardian, 2018).
Though this concept stays applied or intact in the country since the time of the prior Home
Secretary, it still does not do much in order to remove the irregular immigrants from the
country. Based upon the current data, UK in general hosts a hundreds or thousands of
irregular immigrants who do not hold proper documentation (BBVA, 2016). UK government
has tried several tricks so as to remove these people from the country but it has not really
affected the population of these illegal migrators much.
Also in the current times, the Home Office’s relatively smaller enforcement arm as well as
the enforcement of the Immigration (IE) which takes up around 5,048 staff in budgetary
quarter 3 2016/17 also is commanded to manage the individuals who do not follow the law of
Immigration. In any case, not only thousands but also millions of society’s members add to a
domain that enables sporadic movement to migration in general (American Immigration
Council, 2019).
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Policy Brief 5
Irregularity of the Pathways
Various inspirations shape distinctive relocation methodologies and aims with respect to
working in break of and additionally outstaying their visa (Gov.UK, 2019). With ones
exhibiting worker, advancement or political thought processes were much more inclined
towards not following the law while in cases where individuals who were involved in either
education or family related or even travelling ideas developed such a goal later when they
arrived.
There are basically three major kinds of behaviours as far as the irregular immigrants are
concerned:
Planners:
These people try to intentionally plan on violating the laws related to immigrants.
Successive Intentionals:
Certain people who just progressively grow such expectations as an outcome of the
conditions emerging while in the country.
Accidentals:
These are those few people who accidently fall in the irregularity without any
intention to do so.
The changes in voyagers' or transients' financial conditions or individual conditions shape
singular aims. A portion of the individuals who didn't expect to outstay thusly did, while
other people who planned to exceed just for a restricted timeframe remained essentially more.
A portion of the individuals who did not expect to outstay thusly did, while other people who
planned to exceed just for a restricted timeframe remained essentially more.
Quite, a portion of the ‘successive intentionals’ was urged into certain unlawful procedures.
A huge portion of 'accidentals' was cheated upon or in some manner was deceived by others,
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Policy Brief 6
for instance, the employers who at first guaranteed, but never sorted their visas out. Thus,
disparate degrees of responsibility and human in general involve a different component for
the clarification where different techniques are considered (Gentleman, 2019). As per another
instance, it recognized change from a normal movement status to anomaly and back to
consistency. This shows liquid relocation methodologies as well as that even normal
immigrants' migration chronicles might be dabbed with times of anomaly.
Immigration Enforcement’s perception, responses and experiences
Conversationalists featured doubt such where they might be caught in some particular key
circumstances. Many accepted that particular businesses or establishments were bound so as
to be focused up on those all the more generally referenced were garages, takeaways, certain
random colleges or even shops to an extent. One proposed enlistment centres are explicitly
focused on. While, others accepted that specific area such as London, and other explicit
locations, similar to those that were previously visited, are inclined to be focused on.
Human rights; basic focus upon:
Employment
The Covenant of UN International, based up on Civil and Political Rights; the Article 7
specifically states ‘the right of everyone to the enjoyment of just and favourable conditions of
work, fair wages, safe and healthy working conditions’ (United Nations, 2016). After their
visas expired, a few of the immigrants saw that they were not even monetarily paid neither
were they treated diversely. While some in the wake of landing in the UK, specifically were
often paid very low wages however after certain months figured out how to secure better paid
positions (Jordan, 2019). Many were as yet paid beneath the lowest pay permitted by law at
an approximate of £5 or £6 every hour and they were fine with it. Experts, higher talented,
the independently employed, and also the ones who were on bogus archives who had the
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Policy Brief 7
option to proclaim their work to Inland Revenue, however under a bogus identity, got more
significant compensations - in outstanding cases which is up to an approximate of
£3-4,000/month, similar to the case with some different migrators (Collinson, 2017).
Sporadic immigrants additionally will in general work many extended periods which is now
and then as long as 17 hours out of each day. While on different occasions it is because of
some type of power or pressure. Not many of these recommended that due a blend of
financial downturn, hostile to migrant slants, and expanded limitations, matters deteriorated
for sporadic workers who were immigrants (Fudge, 2018).
Health Care in relation with the Immigrants
There have been disclosures referring to differing methodologies as far as how unpredictable
workers manage medical problems. The individuals who had the option to, they said that they
would enroll with social insurance suppliers while still on a visa. While, in certain cases the
others as such enrolled utilizing their bogus IDs (Jayaweera, 2018). Discovering General
Practitioners that will not request visas, as well as applied permissive qualification checks as
well as treated patients while realizing that in fact they did not have a migration status, were
basic methodologies (Giuntella et al., 2019).
While also, in certain scenarios they secretly paid treatment, getting prescriptions or
counselling over video calls from the specialists back at home, treating them, or where
serious cases were there, getting back for treatment was additionally referenced (Walsh &
Näre, 2016). The various encounters of the UK wellbeing administration went from getting to
A&E services despite of any issues, or accepting all fundamental treatment to dismissed
enrolment as a result of an absence of reports. The individuals, who moved toward the NHS
and also got treatment, had an experience that was quite positive. Others feared doing so in
light of the fact that they dreaded the case where they might be requested their records. Many
kept away from moving toward the option of NHS since they accepted they reserve no
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Policy Brief 8
privilege to the treatment, so would be dismissed at any rate (NHS, 2020). These last two
classifications are in this way viably discouraged from understanding their crucial rights to
wellbeing.
Accommodation
The ECHR’s Article 11 discusses that, ‘the right of everyone to an adequate standard of
living for himself and his family, including adequate food, clothing and housing’. Practically
all the migrants recognized living situations through the community or social networks, while
only a few actually opted for the agencies as such. Their observations were abstract and
subject to what kind of living situations were fine for them as per the living situation they had
back in their home (European Convention on Human Rights, 2019).
Almost maximum of them, leased secretly, normally also opted for subletting, ordinarily in
shared houses in some cases or even a few shared rooms if available in sort of vagrant
houses. Issues such as overcrowding were infrequently referenced. At times of individual
emergencies, individuals were likewise taken in by these people and permitted to remain for
periods without being approached to pay lease amount. A couple of them sometimes leased
whole lofts and afterwards would share or even sublet rooms, yet barely any marked
agreements and clarified that no inquiries were posed. The individuals who held agreements
utilized bogus names. In many matters, they were frequently reported to be more terrible
toward the start of a transient's stay in the United Kingdom yet then improved, especially
when individuals moved to certain houses that were a bit less crowed (Di Bartolomeo et al.,
2016).
A significant factor was the cost in decisions that involved the living situation, and the lower
compensation clearly influenced the capacity of the migrators or immigrants to lease
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Policy Brief 9
satisfactory settlement. The individuals who lived in the outskirts of London discovered
living situation better and less expensive.
Family life
The United Nations Convention on Human Rights Article 8 discusses certain aspects in
regards to this issue, while the Child Article 5 of the UN Convention on the Rights talks
about certain ‘best interests of the child shall be a primary consideration’. In the same UN
Convention the Article 24 specifically states the ‘right of the child to the enjoyment of the
highest attainable standard of health and to facilities for the treatment of illness and
rehabilitation of health’ that requests that the signatories must ‘ensure appropriate pre-natal
and post-natal health care for mothers‘ and provide ‘for every child the right to benefit from
social security’ (Blinder & Allen, 2016). Also, in the same Convention another article which
is the, Article 28 underpins the 'right of the child to education' (UNICEF, 2019).
Staffing level and budget
The count of the advancement of the levels of staffing and also the spending plan of the
control of immigration directorates are discouraged by the numerous adjustments in the
authoritative structure, also the way levels of the staffing and spending plans are accounted
for, the open accessibility of information and the detailing of the information.
Immigration enforcement
As per the current scenario certain data have been extracted from the investigations done by
the UK government. These investigations have shown the true picture behind the immigration
or migration situation of the country. Though the government with the help of authorities has
tried enforcing immigration laws much more strictly and has made the regulation of such
laws quite their priority, there has not been much progress to it. There have been three kinds
of data available, according to which the UK government has been trying to figure out a way
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Policy Brief 10
out of this picture. Firstly, the data that has been collected is based upon the ‘Encountered but
not arrested between 03 January 2012 and 02 January 2017’. This was specifically released
upon the recent request by the FOI (ICO, 2020). Secondly, the data that has been easily
available upon the transparency of data website of Home Office Migration, it includes
‘Enforcement Visit Arrests linked to information received’. Thirdly, a wilful constraint has
been shown as the data depicts ‘immigration statistics, detention tables and return tables’
(Gentleman, 2018).
Upon investigation, the findings that are emerging actually conclude that, such operations
have a stagnant situation as they have very constrained impacts. Where all the experiences as
per the Immigration Enforcement are concerned the arrests take place of an approximate of
only 29 per cent; and out of those arrests the ones that return are only 19.4 per cent, also, not
just that but out of the people who return, only a few ‘conventional’ irregular immigrants are
involved which is an approximate of 15 per cent. The danger of an unpredictable foreigner
being evaluated by an immigration officer or being arrested in front of this individual’s
workplace or being removed from the society or community it has been socializing in is quite
less (Duvell et al., 2018).
Conclusion
This is concluded by the subjective research held that led for this undertaking proposing that
having a sense of security and being versatile in it are unmistakable highlights among the
sporadic migrant populace. Whereas, around half of such people still dread migration laws
being implemented. This constrained degree of aftereffects of authorization tasks additionally
puts a question mark over certain implementation quantities that don't bring about returns or
arrests.
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Policy Brief 11
Bibliography
American Immigration Council, 2019. The Cost of Immigration Enforcement and Border
Security. [Online] Available at: https://www.americanimmigrationcouncil.org/research/the-
cost-of-immigration-enforcement-and-border-security [Accessed 11 January 2020].
BBVA, 2016. Muslims in Europe: The Construction of a “Problem”. In The Search for
Europe: Contrasting Approaches. La Fábrica.
Blinder, S. & Allen, W.L., 2016. Constructing immigrants: Portrayals of migrant groups in
British national newspapers, 2010–2012. International Migration Review, 50(1), pp.3-40.
Collinson, P., 2017. Now we should go after companies that force workers to be self-
employed. [Online] Available at:
https://www.theguardian.com/money/blog/2017/mar/11/now-we-should-go-after-companies-
force-workers-self-employed [Accessed 11 January 2020].
Di Bartolomeo, A., Gabrielli, G. & Strozza, S., 2016. The labour market insertion of
immigrants into Italy, Spain and the United Kingdom. In Migration in the Mediterranean.
London. pp.57-85.
Duvell, , Cherti, & Lapshyna, , 2018. Does Immigration Enforcement Matter (DIEM).
[Online] Available at: https://www.compas.ox.ac.uk/wp-content/uploads/DIEM-Irregular-
Immigrants-and-Control-Policies-in-the-UK.pdf [Accessed 11 January 2020].
European Convention on Human Rights, 2019. European Convention on Human Rights. 1st
ed. Available at: https://www.echr.coe.int/Documents/Guide_Art_11_ENG.pdf.
Fudge, J., 2018. Illegal Working, Migrants and Labour Exploitation in the UK. Oxford
Journal of Legal Studies, 38(3), pp.557-84.
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Policy Brief 12
Gentleman, A., 2018. Home Office urged to go further with suspension of hostile
environment. [Online] Available at:
https://www.theguardian.com/uk-news/2018/jul/12/home-office-urged-to-go-further-with-
hostile-environment-suspension [Accessed 11 January 2020].
Gentleman, A., 2019. ‘I became suicidal’: students accused of cheating by UK tell of 'living
hell'. [Online] Available at:
https://www.theguardian.com/education/2019/may/21/international-students-accused-
cheating-english-toeic-windrush [Accessed 11 January 2020].
Giuntella, O., Mazzonna, F., Nicodemo, C. & Vargas-Silva, C., 2019. Immigration and the
reallocation of work health risks. Journal of Population Economics, 32(3), pp.1009-42.
Gov.UK, 2019. What Immigration Enforcement does. [Online] Available at:
https://www.gov.uk/government/organisations/immigration-enforcement [Accessed 11
January 2020].
ICO, 2020. What is the Freedom of Information Act. [Online] Available at:
https://ico.org.uk/for-organisations/guide-to-freedom-of-information/what-is-the-foi-act/
[Accessed 11 January 2020].
Jayaweera, H., 2018. The health of migrants in the UK.. In Ethical, Legal and Social Aspects
of Healthcare for Migrants: Perspectives from the UK and Germany. Routledge.
Jordan, M., 2019. The Overlooked Undocumented Immigrants. [Online] Available at:
https://www.nytimes.com/2019/12/01/us/undocumented-visa-overstays.html [Accessed 11
January 2020].
NHS, 2020. Policies. [Online] Available at: https://www.nhs.uk/our-policies/ [Accessed 11
January 2020].
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Policy Brief 13
The Guardian, 2018. The Observer view on Theresa May’s hateful ‘hostile environment’
immigration policy. [Online] Available at:
https://www.theguardian.com/commentisfree/2018/apr/22/observer-view-on-theresa-mays-
hateful-hostile-environment-immigration-policy [Accessed 11 January 2020].
UNICEF, 2019. The UNCRC. [Online] Available at:
https://www.unicef.org.uk/what-we-do/un-convention-child-rights/ [Accessed 11 January
2020].
United Nations, 2016. General comment No. 23 (2016) on the right to just and favourable
conditions of work (article 7 of the International Covenant on Economic, Social and Cultural
Rights). [Online] Available at: http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?
enc=4slQ6QSmlBEDzFEovLCuW1a0Szab0oXTdImnsJZZVQfoUYY19kME5pOqRbao
%2BukB1Kzn1MMnQL24FFvtIIdk%2F%2FR%2FF0GthE%2BTiGSATb
%2BUa3WMs0%2F%2BfVfQFg02%2BY%2FTVuqU [Accessed 11 January 2020].
Walsh, K. & Näre, L., 2016. Transnational migration and home in older age. Routledge.
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