Tighter immigration laws catching out long-term legal migrants – report

http://www.theguardian.com/uk-news/2014/oct/15/immigration-laws-migrants-legal-action-group

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Thousands of migrants who have lived and worked legally in Britain for decades, in many cases having arrived in the country as children, are falling victim of the government’s more restrictive immigration laws, according to a report by the charity Legal Action Group.

Thousands of long-term resident migrants – many of whom were educated, married and raised families in Britain – have been caught out by recent legislative changes that have left them in a legal limbo and often without a job, even though until recently they could work and claim benefits legally.

Several ran into difficulties after losing their original passports, which contained the crucial indefinite leave to remain (ILR) stamps. Others found it hard to achieve the necessary points to meet stricter requirements for ILR.

One case highlighted in Chasing Status (pdf), the report from Legal Action Group, is that of Aubrey (not his real name), 53, who came to England from Jamaica in 1973 at the age of 12.

His Jamaican passport was stamped with indefinite leave to remain. But when it was replaced after he lost it four years ago he did not apply to the Home Office for the ILR stamp. As a single father on a tight budget, he had not wanted to pay £600 for something he assumed was not that necessary.

That oversight came back to haunt him. Under the 2006 Immigration, Asylum and Nationality Act, which introduced civil penalties for employers hiring those without permission to work, Aubrey was asked by his employer of three years for his documents. What his employer wanted was not proof of his work record (P60s and P45s), but proof of his immigration status, which he lacked because he did not have the ILR stamp in his passport.

Aubrey was suspended without pay in February because he could not prove to official satisfaction his legal right to live and work in this country. He has been unemployed since then, having to borrow money from family and friends.

Roopa Tanna, a solicitor at the Islington Law Centre, took up his case. She issued judicial review proceedings against the Home Office, which filed a defence but then decided to concede before a judge considered the case.

The ordeal was harrowing for Aubrey despite the positive outcome. “I’ve lived here as a child, all of a sudden I felt like a criminal,” he said. “Now I know what an alien feels like.”

Fiona Bawdon, the author of Chasing Status, said it was hard to put a number on such cases but at a “guesstimate” it was in the low 10,000s.

Collecting evidence is not straightforward. Aubrey had to retrace his life and amass paperwork from his father, brother, sister and sick mother.

Others in the report spoke of their frustration at the rigidity and slowness of the much-criticised UK Border Agency, now replaced by UK Visas and Immigration.

The report suggests a number of changes to deal with the problem of “surprised Brits” – so-called because of their sudden bureaucratic rejection by the country they have lived in for decades – including the creation of a specialist Home Office unit to deal with such applications, and permission for applicants to continue working or to receive benefits while their applications are dealt with.

The 2014 Immigration Act, which restricts access to NHS services and required a status check by private landlords, represents a further effort to make Britain a “hostile environment” for illegal immigrants, the report says.

“Government policies designed to be tough on migrants via employer checks, landlord checks, Department for Work and Pensions checks are having disastrous consequences for migrants who have been in the UK for many years often having arrived here as children,” said Tanna.

“They are in reality British having contributed to British society by working, paying taxes and raising families. Suddenly, as a consequence of the ‘get tough’ policies, they find themselves sacked from their jobs, unable to support themselves and facing spiralling debt – in short, their lives falling apart because they are now expected to prove their status when they never were.”

The Home Office said it worked closely with local authorities and other groups to ensure that people with an “uncertain immigration status” received appropriate support in this “complex area of work”.

“When these people are brought to our attention we will consider their immigration status,” said a spokesman. “However, it is up to anyone who does not have an established immigration status to regularise their position, however long they have been here. All applications are considered in line with the immigration rules and nationality legislation, taking account of any compelling or compassionate circumstances.”