Draconian Immigration Policies and the Disadvantaged Minorities

The conservative British Prime Minister Mr David Cameroon promised that he will reduce the numbers of immigration down to thousands as it was in the 1990s from the hundreds of thousands in his time in office. In the developed western countries immigration has always been a serious issue for the government and a hot topic for political parties in general elections. It is also the case that a majority of the population are against immigration from outside the country. The general public fear job losses or tougher competition in jobs, increased pressure in public transports, schools, hospitals and so on. To be perfectly being honest, it can not be denied that these fears are not genuine concerns especially in the current time of high unemployment and economic crisis. On the other hand, it is often the case that minorities are marginalised in the game of majority politics. Countries such as, United Kingdom, is truly a multicultural nation. There are people from around the globe in varying numbers depending on the historical or other connections with the Britain such as people of Indian origins and former colonies, ex-British Ghurkhas Army and their families and the British Commonwealth citizens. In addition, there are significant numbers of new European migrants under the European Union Treaty.

Obviously immigration means increase in the size of the existing population which naturally demands increased level of services in most public sector areas. It is not surprising that the political leaders and its parties try to please the sceptical majority to gain votes in election. However unfortunately it is often the case that political parties exaggerate the actual effects of the immigration in inflammatory languages to woo the conservative electorates. They misinform, mislead, use provocative languages and play with the psychological fears of the general public. The opportunist politicians tactfully play with the fear of the public, and they are able to manipulate and gain election success. After the formation of coalition government in May 2010, the coalition adopted a general policy on in Immigration and Equality, amongst other areas of policy making, which was published on 20 May 2010. Its main features can be summarised as follows: a) Annual limit on number of non-EU economic migrants; End detention of children for immigration purposes; c) Create border police force as part of Serious Organised Crime Agency; d) New measures to minimise abuse of student visas; e) Citizens from any new EU member states to be banned from working in UK for a transitional period. The Conservative’s promise to cap annual migration featured strongly while the Lib Dems' commitment to an amnesty for illegal migrants who have been in the country for more than 10 years was wholly absent. The document was also silent on what will happen to the estimated 500,000-plus illegal migrants living in the UK with no mention of increased deportations or plans to give them a route to citizenship.

Although the policy, at least on the face, seemed to use a moderate tone and language, the Home Office run by the Tory ministers, adopted a very harsh policy on admission, compliance, and enforcement of legal/illegal migrants, asylum seekers and refugees to reduce the immigration numbers. The Home Office has made numerous policy announcements and changes in immigration rules during the last one and half year period. The Home Secretary Teresa May announced in parliament in June 2010 that immigration will be controlled by new limits. Consultation was published on the annual limit for Tier1 and 2 and Interim limit announced for Tier1 and Tier 2 in July 2010. On 24 November 2010 the government announced the closure of Tier1 (G) from April 2011. Annual limit of 20,700 for Tier2 /work permits from April 2011 was set. On 4 July 2011 Changes to student visa rules brought into force. On 13 July 2011 the government launched consultation on family migration. On 23 November 2011, it extended the employment restrictions for Bulgarian and Romanian nationals.

On 16 November 2011, Migration Advisory Committee (MAC) recommended to set a new high income threshold to bring in family in the UK from the overseas. The MAC in its recommendation stated that ‘The MAC recognises that family migration regulations are not determined by economic factors alone. But it is an economic issue – required family income – that we have been asked to address. On this basis, the present income stipulation is too low. The MAC suggests, instead, a minimum gross income figure to support a two-adult family of between £18,600 and £25,700. We estimate that nearly two thirds of sponsors would not have sufficient gross income to meet the higher of these thresholds’. From this report it was clear that almost two third of sponsor will not be able to bring in their loved husband, wife or children if the higher threshold is implemented. Please note that the MAC was asked by the government to recommend on ‘economic basis’ alone and not other considerations.

It is now the government’s turn to consider and respect the minorities’ basic human rights, the likely adverse effects, the need to strengthen and empower communities, legal, social, political and other considerations. It must be recognised that the most likely victims of these potential high income threshold rules are people from the ethnic minority communities. Further if the recommendation is implemented, it may be discriminatory on women since majority of the spouses who require visa or entry clearance to come to the UK are dependent women after marriage with a UK resident. If a set of rules target certain sections of the community or disproportionately disadvantage a certain group, it may be illegal under the European Convention on Human Rights. The potential damage it may cause in community relations and co-existence of the communities will be enormous. It will badly damage the peace, harmony and relationships between the majority and ethnic minority communities living together in the UK.

About the Author:
Mr Deepak Bhattarai is the Principal at Bhattarai & Co. Immigration Practice.