A MIGRANT MANIFESTO

FOR 2015

Six changes we need to bring
fairness into immigration policy




2


Welcome 3
The problem 4
The way forward 5
Six calls for change 6
1. Improve the immigration system for all 6
2. Protect the right to a family life 7
3. End the exploitation of migrant workers 8
4. Protect the interests of international students 9
5. End the hostile environment 10
6. Give European migrants a fair deal 11

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Welcome

The 2015 general election is nearly upon us, and immigration once again is set to be at the
heart of debate.

Unfortunately, however, there is no sign of a balanced assessment of the role of immigration
in the UK today, or of how our policies and procedures could be improved to meet future
challenges. Instead, we expect more tough talk on immigration by some of our political
leaders, as they compete on the creation of a hostile environment for people coming here.

The Migrant Manifesto for 2015 calls for a different approach towards immigration after the
election. It aims to contribute to an open and honest public discussion about migration and
how the Government could do better. Its audience is anyone wishing to think carefully about
an issue that provokes both anxiety and aspiration.

At the heart of the manifesto is the urgent need for politicians to make the immigration
system fair and equal for all. We want our leaders to promote a more generous vision of the
support that people from different backgrounds can offer to one another. And we want this to
be informed by a greater recognition that our society, if it is to prosper, must remain at ease
with cultures and politics that move constantly beyond borders.

The manifesto selects what we believe should be key priority areas for the next Government.
It highlights some steps that could be taken to immediately improve the system and resolve
some of its biggest problems.

We hope that candidates from across the political parties who seek election in May 2015 will
find this manifesto of interest. We also hope that readers from across civil society will relate
to some, or all, of it, and will find within it the areas closest to their concerns.

Ultimately, this is a manifesto that we have only begun to write. We believe that sharing
different views on immigration will encourage new thinking, and encourage bolder visions of
the future we are working towards together. We hope you will join us in seeing where we can
take it in the future.





Don Flynn
Director, Migrants Rights Network
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The problem

In 2010 the Coalition Government came to power, and pledged that net migration would be
reduced from the hundreds of thousands to the tens of thousands by the time of the next
general election. A wide range of reforms have been introduced, many of them explicitly
intended to create a hostile environment towards those who come here from overseas.
Some of these changes followed a direction of travel established by previous Governments.

Today the negative impacts of this approach are clear:

The UK immigration system is increasingly unpredictable and unaccountable
for people trying to plan their movement across borders in order to work, study, join
family members or seek protection.

Protections against exploitation and discrimination by unscrupulous
employers and landlords have been stripped away, meaning that some migrants
across the UK cannot find decent work or accommodation.

In 2013, for the first time in 29 years, the number of international students coming
to the UK dropped, apparently as a result of tough rhetoric and unattractive rules.
This appears to have particularly affected those from the Indian subcontinent

The right to a family life is now reserved for higher earners, with thousands of
families every year divided by new rules.

Local communities have become a site for immigration enforcement. Hospitals,
local authorities and banks are being co-opted into the business of immigration
control, and aggressive go home style raids are increasing community tensions and
concerns.

Immigration enforcement is ever more expansive, with around 30,000 people
held in detention centres in the UK every year and some detained for months or even
years.

EU nationals face regular accusations that they are a drain on the UK, despite
widespread evidence of their positive contributions to our economy and communities.

The UKs asylum system is now more closed than ever, with tough control
measures to prevent those in need from reaching the UK in order to seek safety.

Cuts to legal aid and resourcing for local integration projects have meant that
many people now struggle to access the support and advice they need.

Ongoing reports of mental and physical health problems, destitution and
homelessness across some migrant communities suggest that the insecurity
generated by current policies is taking its toll.

There are many reasons to be concerned about this approach and its consequences.

Firstly, the unfairness of the system has been increased for those who come here. The vast
majority of people who come to the UK want to take part in their local communities, and be
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valued in wider society. Ongoing policy measures are undermining their ability to feel
welcome, by increasing social divisions and mutual misunderstanding.

The negative effects of the current approach, which seeks to target and blame migrants,
have extended beyond newcomers themselves. Husbands, wives, children and friends of
migrant families are impacted by rules which make the system ever more hostile. Employers,
colleges and universities, public service providers, local authorities and civil society groups
are affected when policy makes life difficult for those coming here from overseas. And
people from the long-settled immigrant communities have continued to see discrimination
and racism repackaged within divisive policies aimed at recent arrivals.

Failure to demonstrate to the public that immigration is under control as promised, has fed
public anxieties and contributed to the disturbingly high level of negative feelings about
immigration. Our history of tolerance, openness and compassion now risks being
undermined by the politics of fear and division.

Finally, despite these problems, none of these measures have had the effect that the
Government was seeking. As the 2015 general election looms there is now no prospect that
the net migration target will be met. The realities of 21
st
century Britain have firmly
demonstrated that reductive pledges of this sort are hopelessly out of touch.

We wish to see an end to arbitrary and short-term immigration policy targets, which feed into
the creation of an unwelcoming environment for migrants coming here.

It is time for a change.


The way forward

We are calling for Government to bring fairness back into an area that, in many ways, has
become fundamentally unjust.

We believe that any workable system of migration management must recognise the need for
migrants to be treated with dignity, compassion, and fairness. We want our leaders to
respond to and accommodate immigration as a critical part of our common future. And we
want them to recognise the value that comes from living in a modern, diverse Britain which
provides justice for all its residents.

Our communities are better places when everyone has the security of knowing that they
have rights, and that there are processes in place that will make them effective. In our view,
immigration policy should seek to bind communities together in neighbourliness and
solidarity, rather than drive them apart through suspicion and misunderstanding.

This manifesto indicates the six areas where we believe that immigration processes, as well
as wider UK society, would obviously be improved if the rights of migrants were properly
acknowledged and protected.

We call on candidates from all parties in the General Election 2015 to give full consideration
to the issues raised here and support the measures that are needed for Britain to bring back
fairness into this critical area.

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Six calls for change

1. Improve the immigration
system for all

We want the UK to be a country that treats
people coming here from overseas fairly.
People seeking to enter or remain here
depend upon our immigration system
being adequately funded, able to make
reliable decisions, and regulated by
systems ensuring accountability and
oversight.

However, despite ongoing reforms to the
Home Office, the systems which process
visa and nationality applications, review
asylum casework and administer
immigration decisions too often under-
perform. Revelations of internal backlogs,
lost files and poor decision-making alarm
the public and are devastating for those
whose lives depend on the outcome of
such applications.

Both applicants and sponsors regularly
experience poor decision-making and
delays within the immigration system. Up
to 50% of appeals against managed
migration decisions are currently
successful, as are 33% of appeals against
removals. Some applicants wait for many
months or even years for responses to
their applications, as a result of backlogs
in the asylum and immigration systems.
The Home Offices lack of accountability
has been compounded by the ongoing
financial cuts affecting service provision.

This is set to worsen. Once in force,
measures within the Immigration Act 2014
will further reduce the rights of migrants
within the immigration system. Applicants
issued with a refusal will be unable to
appeal to an independent tribunal for
review unless their application involves
protection or human rights issues. This will
greatly reduce their ability to secure good
decisions and, more widely, to hold the
Government to account.

The immigration systems poor treatment
of some migrants is starkly illustrated by
the ongoing problems within the UK
detention system. People facing removal
from the UK are not afforded independent
judicial oversight over the decision to
detain them, and nor are they informed of
the period of time they will be detained for.
The UK is now the only country in Europe
to practice the indefinite detention of those
liable to removal. This too often takes its
toll on the mental and physical health of
detainees.



We call on the next Government to improve the immigration system for all by:

Improving service standards by increasing Home Office training for decision
makers and expanding joint work with support agencies. This could be resourced by
diverting funding away from ineffective and divisive enforcement activities and into
effective and fair decision-making.
Retaining the right of appeal for immigration decisions which currently carry it,
and protecting access to judicial review and other remedies for challenging poor
decision-making, to ensure that people can continue to seek justice where needed.
Overhauling the detention system. At a minimum, similar procedural standards
and safeguards to those within the criminal justice system should be introduced for
immigration enforcement. A time-limit on immigration detention should be
introduced. Community-based alternatives to immigration detention should also be
explored to support a reduction in the use of detention into the future.

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2. Protect the right to a family
life

The decision by the Government to make
radical changes to the family migration
rules in July 2012 has been one of the
most widely reported injustices in the way
immigration policy has developed in recent
years. The current family rules have
caused the widespread separation of
thousands of genuine families, including
keeping children apart from their parents.
This has inflicted unnecessary hardship on
people who should be establishing their
lives together in the UK in security and
stability.

In 2012, a new 18,600 income
requirement was introduced for British
citizens and permanent residents wishing
to sponsor the entry or stay of a non-EU
partner or spouse. The income
requirement is even higher for those also
sponsoring non-EU children. 18,600 is
considerably more than that earned by a
full-time worker receiving the National
Minimum Wage, which currently amounts
to 13,124 for a 40 hour week. It is
estimated that 47% of the UK working
population would be unable to meet the
income requirement based on their
earnings alone. Women, some ethnic
minorities and young people are
particularly unlikely to be able to meet the
income requirement.

In addition, problems have been caused
by inflexible rules which allow only a
limited number of income sources to be
counted towards meeting the income
requirement. Earnings that would come
from the partner once she or he is in the
country cannot be considered, and nor
may additional support from other family
members. This often leaves the real
picture of the familys resources
unrecognised.

Alongside these rule changes, the rules
on adult dependent relatives have greatly
restricted the ability of British citizens and
permanent residents to sponsor an elderly
or dependent relative in order to care for
them in the UK. The high thresholds for
disability and financial dependence now in
place have been described by lawyers as
a ban masquerading as a rule.



We call on the next Government to protect the rights of family migrants by:

Reducing the income requirement for partner migration. We do not believe that
a fixed income requirement is the best way to assess the resources available to
individual families. However, if maintained, then an income requirement for partner
migration should not exceed 13,200, to ensure that those earning around the level
of the National Minimum Wage are not disadvantaged.

Ensuring that the rules for partner migration are sensible, and can reflect the
full range of support available to the family. In particular, non-EU partner prior and
prospective earnings; third party support, and other key assets which may reduce
living costs such as property ownership should all be considered in applications.
The rules should ensure that children are never kept apart from a parent.

Making the adult dependent relative visa route humane. The new requirement
relating to mental or physical ill-health should be removed. Instead, where the UK
sponsor can demonstrate their ability to maintain and accommodate their adult
dependent relative in the UK without recourse to public funds, they should be able
to do so. Third party support should also be considered in applications.


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3. End the exploitation of
migrant workers
People coming to the UK from overseas
are too often at risk of being abused by
employers, gangmasters and employment
agencies, who may seek to take
advantage of their skills, energy and
willingness to work.

Exploitation of foreign workers commonly
takes place in low-paid and often casual
work, within a range of sectors including
construction, social care, cleaning and
hospitality. Workers in these sectors are
often subject to zero hours contracts and
poor treatment including underpayment of
wages, hazardous working conditions and
long hours. Some people, and in
particular some migrant workers,
experience criminal levels of exploitation
including bonded labour and slave-like
conditions at work.

These incidents are often reported as
examples of foreigners being prepared to
undercut the wages and working
conditions of native workers. But evidence
borne out by the experiences of groups
across the UK suggests that this is an
unfair accusation migrants want the
same wage rate and fair treatment as
anyone else. The cohort of low-paid and
poorly treated migrant workers often work
side by side with British colleagues who
also face the disadvantages of a poorly
regulated economy. Others, such as
migrant domestic workers, are particularly
vulnerable to exploitation as a result of
restrictions placed upon them by the
immigration rules.

Outcomes for migrants in low-paid
employment are particularly poor where
they cannot rely on external support
systems, including trade union
representation, which would help them to
stand up and challenge bad employers, or
to walk away from the job. Ultimately,
solutions are needed which would benefit
both British and foreign workers in
improving employment conditions and
challenging abuse where it takes place.




We call on the next Government to end the exploitation of migrant workers in the UK by:

Establishing a national system of free, accessible advice on employment
rights which covers situations likely to be experienced by native workers as well as
foreign nationals.

Enabling vulnerable groups of workers, such as migrant domestic workers, to
exercise their employment rights by making relevant changes to the immigration
rules.

Facilitating the active involvement of trade unions in employment sectors
where foreign workers are present by providing them with the right to enter work
premises and advise people on their rights as employees.

Expanding the proactive regulation of workplaces in order to tackle abuse.
This could include extending the remit of the Gangmasters Licensing Authority, to
cover employment areas where exploitation is known to take place, including
construction, social care and hospitality.

Ensuring that workers receive proper coverage by the social security system
to provide support during periods of involuntary unemployment, sickness and injury.

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4. Protect the interests of
international students

In recent years, successive Governments
have undermined the rights of
international students studying in the UK.
With education one of the UKs most
important import sectors, this group of
foreign nationals is estimated to be worth
8 billion to the UK economy each year.
However, as reforms affecting
international students have taken effect,
the number of overseas higher education
entrants has declined.

A number of policy changes have made it
more difficult for both applicants and
academic sponsors to navigate the
system. Universities and colleges are now
under greater pressure to scrutinise
international students in the UK, including
checking immigration documents and
reporting their whereabouts to the Home
Office. This has resulted in some students
feeling intimidated by immigration checks
and singled out for different treatment
than their peers.

The rights of those studying here to
support themselves through paid
employment have been limited.
International students studying below
degree-level courses now have a reduced
right to support themselves during their
studies through part-time work.
Opportunities to undertake post-study
employment have also been curtailed,
with students now required to find
employment with a Tier 2 licensed
employer within just three months of
completing their degree or leave the UK.
This has led some international students
to feel that the UK no longer offers them a
competitive or attractive set of
opportunities.

High-profile sanctions placed by the
Home Office on some academic
institutions have also had devastating
impacts on some international students.
The suspension of sponsor licenses from
some UK colleges and universities in
2013 and 2014 has thus far affected the
residence status of thousands of
international students. The majority of
students impacted have previously paid
fees for their education here in good faith.
However, following the withdrawal of their
colleges sponsor license, they are
granted just 60 days by the Home Office
in which to find, apply for and be accepted
by a new institution, as well as apply for a
new student visa, all at their own cost.
This approach effectively punishes the
students for the failures of their
educational institutions.



We call on the next Government to protect the interests of international students by:

Reducing excessive levels of checking conducted by teachers and
administrators, in order to reduce the insecurity now experienced by international
students.

Restoring a full right for all students to undertake part-time work to support
their studies.

Enabling students who wish to remain in the UK for paid employment
following their studies to do so.

Provide adequate support to international students affected by Home Office
action against their academic institution, and ensure that they are not subject to
unfair costs or time pressures in stabilising their status.

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5. End the hostile
environment

In recent years there has been an
unwelcome increase in intrusive checks
and Government campaigns designed to
tell some migrants that they should go
home. This has had negative
consequences for many people in the UK,
including British citizens of minority ethnic
background.

The Go Home vans campaign
(Operation Vaken) mounted by the Home
Office in 2013 was deeply controversial,
and as a result was not rolled out more
widely. However, community level checks
and harassment of people suspected of
having an irregular status continue in other
forms. Follow-up operations such as
Operation Skybreaker and Operation
Centurion have visibly targeted
businesses, registry offices and housing
services in local communities in order to
increase the presence of immigration
enforcement. At a time when Government
authorities are acknowledging that stop
and search tactics used in other contexts
have demoralised and alienated some
communities, it is perverse that racial
profiling for immigration enforcement
purposes should be approved in diverse
neighbourhoods.

The Home Office is making ongoing
efforts to increase the role of public
service providers in checking immigration
status. As a result of the changes within
the Immigration Act 2014, banks, building
societies and even private landlords will
be required to conduct immigration checks
prior to conducting their business.
Reforms underway by the Department of
Health and the Home Office could
introduce new document checking
requirements within GP surgeries and
Accident and Emergency departments of
hospitals. These measures would
inevitably increase the suspicion of
minority groups, and the likelihood of their
experiencing discrimination and
harassment. They could also increase
incidents of homelessness and health
problems among some migrants, with
wider public implications.

We believe that the business of
immigration enforcement has no place in
local communities, and particularly in
those with mixed populations. Migrants
across the UK are working hard to build
lives for themselves and to contribute to
wider society. Where they make a long-
term commitment to settling here, their
lives should not be made more difficult
through actions which unfairly stigmatise
their communities.


We call on the next Government to end the hostile environment by:

Taking a firm stand against divisive go home campaigns directed against
diverse communities.

Opposing immigration raids on communities and businesses which are
unrelated to any assessment of any real community harm.

Rolling back requirements for health providers, banks/building societies and
landlords to check the immigration status of those seeking their services.

Supporting the availability of comprehensive and free legal advice to all people
whose legal right to remain in the UK is being challenged by the authorities.

Promoting the celebration of diverse communities, by taking steps to support
mutual respect and recognition of common values.

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6. Give European migrants a
fair deal

There are few areas of immigration policy
in the UK where the position of a group of
migrants has been so misrepresented as
that of those who come from other
countries of the European Union.

EU nationals are commonly accused of
abusing the right to free movement in
order to gain access to benefits and
services in the UK. They are portrayed as
unfairly undercutting the wages and
working conditions of resident workers.
They are supposed to have no interest in
integrating themselves into British culture
by learning the language and mixing in
local communities.

Yet all the evidence points to the opposite
outcomes for this group. The best
research on the contribution of EU
nationals in the UK suggests that workers
from the EU have become integral to key
sectors of the UK economy in recent
years. Between 2001 and 2011, EU
nationals paid in 34% more in taxes than
they have received in benefits in the UK,
and were less likely to live in social
housing than any other residents.
European migrants are becoming
increasingly integral members of
communities across the UK, from Cornwall
to Scotland, and are represented in local
and national government. Rather than
being reluctant to learn English, many EU
nationals either already speak, or are
learning, English; some attend colleges of
further education as fee-paying students.

However, the effect of the negative
commentary on EU nationals has been to
increase the risks they face in relation to
employers, landlords and even public
service officials who do not understand the
basis of their rights and entitlements. This
means that some people are subjected to
exploitative working conditions and poor
quality accommodation.

Some EU nationals also face additional
challenges in accessing services and
support in their local community. There
are few designated resources available to
local authorities and public services
providers in order to reach out to new EU
arrivals. This means that EU nationals
likely to face marginalisation or other
disadvantage, such as Roma
communities, too often not receive the
support that may help them to settle into a
local area.



We call on the next Government to give European migrants a fair deal by:

Upholding the right of people exercising free movement rights to equality of
treatment. Government should ensure that all public service providers are proactive
in meeting the needs of EU nationals in the planning and delivery of services.

Investing in English language courses provided on a flexible basis in colleges,
workplaces and in the community for all who wish to learn English.

Introducing measures to tackle the exploitation of EU nationals in the UK, and
ensuring that advice and support services are available to help tackle any abuse
they experience.

Resourcing local integration initiatives, including those targeted at marginalised
communities, which support the mutual engagement of EU migrants and wider
community members.



The aim of the Migrant Manifesto is to support civil society debate on immigration issues. As
a charity, the Migrants Rights Network works to support the human rights of migrants in the
UK, and has no political affiliation
































This manifesto was produced and published by
Migrants Rights Network
33 Corsham Street
London N1 6DR

020 7336 9412
www.migrantsrights.org.uk
info@migrantsrights.org.uk

Migrants' Rights Network is a registered charity. Charity no. 1125746