Immigration and Asylum Seekers - Essay Example

Introduction EEA is an abbreviation for European Economic Area which is includes the member states of the European Union, Iceland, Norway and Liechtenstein (Cohen, 2001). EEA was formed in the 1st of January, 1994 after an agreement among the European Free Trade Association (EFTA) states members and the European Community which later became the EU. According to Dundon, et al. (2007) an EEA national is someone that is a member of these nations either by birth or by other forms of citizenship. A non-EEA national is any person who is not a member of these nations. The latter can however obtain citizenship to the British nations. The non-EEA nationals obtain their permission to remain by the virtue of their family members/ relatives who are EEA nationals so long as the latter have a right of residence. The entitlements Residence rights: There is an initial right of residence, and the non-EEA nationals need to apply for a residence card and once its offered to them can only remain relevant for a period of five (5) years or for up to the time span of an EEA national who is their relative to be in the UK. This residence card assumes a form of an endorsement found in the passport of the non-EEA national and assures the right of residence for a specific duration (regulation 17(6) (a) and (b) of the 2006 Regulations). Dundon, et al. (2007) indicates that whereas the non-EEA nationals have to apply, the EEA nationals have the right to freely get into and work in the UK only upon the possession of an identity card or a passport. They also have the automatic right of residence for three months from the admission date with no need to show a right of free movement, for example, to study or work. They don’t have to apply for any specific documents for them to stay in the UK. The non- EEA nationals who are family members to an EEA national already staying in the UK also have the right to remain in the UK in line with the main EA national. This initial residence right is subject to the secretary of state’s power to remove the EEA national or non-EEA national family members on justified grounds of public health, public policy and national security. In addition, this right can be terminated when one becomes an unfair burden on the communal assistance scheme of the UK. The extended/ long-term residence rights: Quinn (2008) states that depending on the circumstances of a non-EEA national; they can acquire long-term rights to stay if they have been legally residing in UK for five or more years. They still need to register with the authorities in order to obtain the relevant documents to guarantee their stay. Their spouse or civil partner and dependants need also apply for long-term residency if they have been legal residents for at least 5 years. Otherwise, if one has been a legal resident for more than 8 years who is not a student or an asylum-seeker they may apply for permission to remain in UK without time limits. One is entitled to work or engage in a business or profession. The permit ends until when the passport also expires and it is renewable upon getting a new passport. For the EEA nationals, the qualified person has the right to stay provided they still remain qualified person. Martin (2005) states that a qualified person is an EEA national who has been in the UK and practicing a treaty right as; a job seeker where the EEA national has the burden proof that they are in search of employment, evidence of job interviews, qualifications, registration with job centre/ recruitment agencies and have a genuine chance of been engaged. A person claiming right of residence as a job-seeker is observed to be exercising treaty rights as a self sufficient person. such a person can also be a worker in which case the EEA national should provide evidence that they are in full-time or part-time employment, copy of a contract, pay slips. The family members of such a person have a right to remain provided they remain family members of the qualified person. This long-term right of stay is subject to the power of state’s secretary to remove someone on justified basis of civic policy, national security or public health. There is retention in the right of residence in the case where an EEA national dies or leaves the UK. In such a case, the family members who are non-EEA nationals do not lose their right of stay if they had been living in the UK for at least a year before the death or departure of the EEA national. The children or the parent taking real care of them would not lose their residence right irrespective of their nationality if the children had been enrolled for study in the UK until they complete their studies. In the case of a divorce of EEA nationals, the non-EEA family member does not lose their right of stay. This is if the marriage had lasted for at least three years with a whole year residing in the UK, and if the non-EEA family has been victims of domestic violence while the marriage existed. The rights of both the EEA and non-EEA nationals’ family members who are victims of domestic aggression are guided by the provision of Domestic violence. Family members; As a non-EEA national, your right to have your family members stay with you relies on regulations that govern your presence in the UK. For example, one with a work permit has worked on legal terms in the UK for a year and has enough money to support his people without needing help of resources from community can bring the family members along. This is according to residence rights for family members. For an EEA national, the term family members refers to a spouse or civil partner, direct offspring or of his husband/wife aged under 21 years. A direct dependant in his/her line or that of a spouse such a person is to be treated as a member of the family of that other person. The parents of an EEA national or of his spouse can be allowed to accompany him. For an EEA student, the spouse and children aged below 21 years are considered family members. To qualify to apply for a permanent right of residence, a non-EEA national should qualify under the criteria of being an employee, self-employer or a self resourced person and to provide a comprehensive health insurance cover in the UK. For the EEA nationals, they normally get permanent right of residence after they have lived in the UK in accordance to regulations for five continuous years. They apply for a document to certify this, and their non-EEA family members apply for permanent residence card. In terms of Documentation a non EEA national who wants to live in the UK has to produce the following documents; a visa which is relevant if the person is from a country that is necessary for a visa to be supplied, a passport that is valid for the period of stay, an employment permit or business visa for any intention to get into business. On the other hand, the EEA nationals don’t have to apply to the UKBA for registration documents but only if they wish. This is a confirmation to their having a right to stay in UK under European community law. The EEA nationals as do their families are exempt from control under the immigration rules; their travel documents are not endorsed. They are however entitled to apply, if they wish. Comment on the current government’s aim to restrict the level of work-related immigration. The UK government announced its aim to restrict levels of work-related immigrations. As a result, there was put in place changes to affect this: tougher entrance criteria, limits on work entitlements and the closure of post study route announced in the student visa system. As from April 2012, institutions willing to sponsor students will need to be classified as highly trusted sponsor, and will need to be accredited by a statutory education inspection body by end of 2012. Only the students who are at the universities and the openly funded more education colleges will keep their current rights to work. However, all other apprentice will have no rights to work. The general period for a student visa was reduced to 3 years at lower levels and 5 years at higher levels. The post-study work course that permits students 2 years of seeking for employment after completion of their course was also announced as one to be closed. The students who have offers of skilled jobs by sponsoring employer will be in position to stay for work. Kalin (2005) indicates that this system is put in place to ensure that students only come for study purposes on a short duration and not to work. The UK government has committed to bring changes in all entry routes so as to curb immigration levels. There has been a progressive revision to the UK immigration in areas of work, study, work to settlement, and the visitor routes. The government focuses on lowering the overall migrations from hundreds to tens of thousands by 2015. Current arrangements for support for adult asylum seekers while their asylum claim is being processed Those seeking for asylum are not entitled to welfare benefits as they wait for finality on their asylum application (Foadi & Malena, 2013). Foadi and Malena (2013) further states that those in lack and genuine need of help and support can make applications for accommodation and resources support to the UK Border Agency instead. Local authorities have very minimal responsibilities to offer support to the needy adults subject to immigration control who have care needs. The asylum support ends immediately a final decision is arrived at regarding an asylum application. Those given warranty to stay in UK are qualified to work and get the mainstream welfare benefits. Asylum seekers are generally not allowed to work as a rule, except for they that have been waiting for more than 12 months for a decision on their application. The needy individuals who have surrendered their asylum application within the shortest practicable time following their arrival in the UK, can also apply for the accommodation and resource support from the UKBA, as per section 95 of immigration and Asylum act 1999. A destitute/ needy person is defined in the section 95(3) of the 1999 Act as: 1. One who has inadequate accommodation and the ways to acquire it regardless of provision of other basic needs, 2. The one who has sufficient accommodation and the ways of acquiring it but cannot provide for his other basic needs. Those seeking an asylum have to sign an 'asylum support agreement' to proof their acceptance of terms and regulations attached to the support. Failure to adhere to the conditions can translate to termination of the support. Accommodation is provided on behalf of UKBA by contracted private providers, on a no- alternative basis, and mainly in places out of London and south-east. They may have to relocate to other forms of accommodation, in regards to what level in asylum process they are. In keeping with Foadi and Malena (2013), financial assistance to the asylum seekers is taken in cash from a Post Office after one presents their Application Registration Card ('ARC card'), to assert their identity and eligibility of help. According to Francis (2011) the level at which assistance is to be given to asylum seekers is regularly reviewed annually. They are thus given rate standard in agreement with inflations .The present rates were effectualised in 18 April 2011. Amount of money for support given to asylum applicants is in consideration that they have the reach to fully-furnished and no-rent house with facilities. The rates presently in use are: • Qualifying couple-those who are married or are in a civil partnership: £72.52 • One parent aged 18 and above: £43.94 • Single person aged 18 or over, not including one parent: £36.62 • Those aged at least 16, and below18 (but a qualifying couple): £39.80 • Those below 16 years: £52.96 Women who are expectant or those with young children below 3 years of age get extra finances to assist them in purchasing healthy foods. The pregnant may receive some maternity payments to assist in the expenses of having the baby. However, this money may be given only once. For the adult but single asylum seekers, based on whether they were below or above 25 years of age, the support accorded to them varied. This was due to the fact that this support system was modeled for providing support to people aged between 18- 24 years than the people over 25 years. Since 5th October 2009, single adults who have applied for asylum support have qualified for the same value of money support not withstanding their ages. This is because all those seeking for asylum have accesses to accommodation with no payments and with facilities in them. The duties of local authorities to offer help to needy adults who have needs of care and are subject to immigration control are limited. Those seeking for asylum are not qualified for support from the UKBA when their asylum applications are in process if realized that their applications were not submitted in the right time. Even though, considerations are given for families, those people with special needs and in a case whereby denied help could be to tamper with the person’s human entitlements. See section 55 of the Nationality, Immigration and Asylum Act 2002. References Cohen, S. (2001). Immigration controls, the family and the welfare state a handbook of law, theory, politics and practice for local authority, voluntary sector and welfare state workers and legal advisors. London: Kingsley. Dundon, T., Gonzalez-Perez, M. & McDonough, T. (2007). 'Bitten by the Celtic tiger: immigrant workers and Industrial relations in the new "Globalized" Ireland, Economic and Industrial Democracy, 28(4): 501-522 Foadi, S. & Malena, M. (2013). Integration for Third-Country Nationals in the European Union the Equality Challenge. Cheltenham: Edward Elgar Pub. Francis H. (2011). Legislative scrutiny: Identity Documents Bill: second report of session 2010- 11: report, together with formal minutes and written evidence. London: Stationery Office. Kalin, C. (2005). International real estate handbook acquisition, ownership, and sale of real estate; residence, tax and inheritance law. West Sussex, England Hoboken, NJ: John Wiley & Sons. Keith V. (2010). Immigration cap : report, together with formal minutes, oral and written evidence. London: The Stationery Office. Martin R (2005). Managing The Immigration And Employment Of Non-Eunationals In Ireland. Studies in Public Policy: 19. Retrieved from: Printed by ColourBooks Limited, Dublin. Retrieved from: http://www.tara.tcd.ie/bitstream/2262/60230/1/Managing%20the%20Immigration%20an d%20Employment%20of%20Non-EU%20Nationals%20in%20Ireland%20.pdf Quinn, E. (2008). Handbook on immigration and asylum in Ireland 2007. Dublin: Economic and Social Research Institute. Read More

For the EEA nationals, the qualified person has the right to stay provided they still remain qualified person. Martin (2005) states that a qualified person is an EEA national who has been in the UK and practicing a treaty right as; a job seeker where the EEA national has the burden proof that they are in search of employment, evidence of job interviews, qualifications, registration with job centre/ recruitment agencies and have a genuine chance of been engaged. A person claiming right of residence as a job-seeker is observed to be exercising treaty rights as a self sufficient person.

such a person can also be a worker in which case the EEA national should provide evidence that they are in full-time or part-time employment, copy of a contract, pay slips. The family members of such a person have a right to remain provided they remain family members of the qualified person. This long-term right of stay is subject to the power of state’s secretary to remove someone on justified basis of civic policy, national security or public health. There is retention in the right of residence in the case where an EEA national dies or leaves the UK.

In such a case, the family members who are non-EEA nationals do not lose their right of stay if they had been living in the UK for at least a year before the death or departure of the EEA national. The children or the parent taking real care of them would not lose their residence right irrespective of their nationality if the children had been enrolled for study in the UK until they complete their studies. In the case of a divorce of EEA nationals, the non-EEA family member does not lose their right of stay.

This is if the marriage had lasted for at least three years with a whole year residing in the UK, and if the non-EEA family has been victims of domestic violence while the marriage existed. The rights of both the EEA and non-EEA nationals’ family members who are victims of domestic aggression are guided by the provision of Domestic violence. Family members; As a non-EEA national, your right to have your family members stay with you relies on regulations that govern your presence in the UK. For example, one with a work permit has worked on legal terms in the UK for a year and has enough money to support his people without needing help of resources from community can bring the family members along.

This is according to residence rights for family members. For an EEA national, the term family members refers to a spouse or civil partner, direct offspring or of his husband/wife aged under 21 years. A direct dependant in his/her line or that of a spouse such a person is to be treated as a member of the family of that other person. The parents of an EEA national or of his spouse can be allowed to accompany him. For an EEA student, the spouse and children aged below 21 years are considered family members.

To qualify to apply for a permanent right of residence, a non-EEA national should qualify under the criteria of being an employee, self-employer or a self resourced person and to provide a comprehensive health insurance cover in the UK. For the EEA nationals, they normally get permanent right of residence after they have lived in the UK in accordance to regulations for five continuous years. They apply for a document to certify this, and their non-EEA family members apply for permanent residence card.

In terms of Documentation a non EEA national who wants to live in the UK has to produce the following documents; a visa which is relevant if the person is from a country that is necessary for a visa to be supplied, a passport that is valid for the period of stay, an employment permit or business visa for any intention to get into business. On the other hand, the EEA nationals don’t have to apply to the UKBA for registration documents but only if they wish. This is a confirmation to their having a right to stay in UK under European community law.

The EEA nationals as do their families are exempt from control under the immigration rules; their travel documents are not endorsed.

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