Institutional and Substantive Legal Basis of the Control of Entry within the UK - Essay Example

INSTITUTIONAL and SUBSTANTIVE legal basis of the CONTROL of ENTRY within the UK. During Robin Hood’s days, we could place a person as one of Robin Hood’s men or one of the Sheriff’s men or the plain townspeople. Britain was segregated by class and region in the 1950’s. It was easy then to forecast the attitudes and the behaviour of a particular neighborhood. This is no longer true in Britain today. Modern day United Kingdom is a combination of people from many countries. After three hundred years of homogenization brought about by the prior homogenization until the present industrialization, urbanization, nation building and war, The United Kingdom has metamorphosed into a freer, more diversified and complex society . For fifty years, mobility, wealth and peace has generated a vast diversity of lifestyles and values. Such values and lifestyles include the ethnic diversity due to two big immigration (Kartani, 2003) movements in the 1950s and 1960s. The bulk of the immigrants came from the West Indies and Asia. Another group of immigrants include immigrants seeking asylum from Africa, Middle East and Europe in the 1990s The Present United Kingdom community is characterized by diversity, individualism and mobility which is brought about by globalisation of developed economic nations. Our fast paced society is spent most of the time traveling with strangers where we must share and live with inside the United Kingdom. This complexity and diversity has been fast tracked ten times because the United Kingdom is now part and parcel of the European Union. The European Union is composed of Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom (http://www.britkid.org/si-kimmlaw.html). We are ten times squeezed inside trains, buses and tubes with complete strangers everyday. One disadvantage of our globally diversified community is that the Britain’s common culture of segregated by class and region has been greatly diminished. One disadvantage of foreigners visiting the United Kingdom is that the big amount of NHS funds is set aside to help the needs of the desperate United Kingdom outsiders. Some Britons will complain their own parent or child is not taken care of by the NHS equally or more than the quality of service given to foreigners. One reason could be because the foreigners are not paying taxes to the United Kingdom government. Britain’s cultural society has become too complex and diverse so that the common culture of recent 2004 period is difficult to identify as compared to fifty years ago. This present day diversity and complexity due to the combination of many races and cultures can cause conflicts of original values and interests. According to David Goodhart “Exposure to a wider spread of lifestyles, plus more mobility and better education, has helped to combat some of those fears - a trend reinforced by popular culture and the expansion of higher education (graduates are notably more tolerant than non-graduates). There is less overt homophobia, sexism or racism (and much more racial intermarriage) in Britain than 30 years ago and racial discrimination is the most politically sensitive form of unfairness. But 31% of people still admit to being racially prejudiced. Researchers such as Isaac Marks at London's Institute of Psychiatry warn that it is not possible to neatly divide the population between a small group of xenophobes and the rest. Feelings of suspicion and hostility towards outsiders are latent in most of us.”(Good hart, 2004) An effect of the increase in immigrants to the United Kingdom is that some old aged people have dreamed of going back to the old days where because the present diversity and complexity of United Kingdom citizens has left them unprepared. Some Britons are worried that they are demanded by the welfare states to contribute funds for care for the sick and needy but the foreigners are not forced to contribute to this common fund. The increase in the immigration into United Kingdom has caused dynamism both in culture and economics. The increase in immigrants has caused the decrease in some United Kingdom citizens’ feelings of mutual obligation, eagerness to pay taxes and others. In fact, Value based culture wars and moves in favor of and against diversity and complexity of community life in the United Kingdom. A recent British Social Attitudes survey showed that its residents, usually in the working class and middles class, that they agree on tax and economic issues but they gave varied opinions on diversity issues. Another set of immigrants is the group we call as asylum seekers. The trend for asylum seekers has been reduced through the years. But in the end, the United Kingdom Residents prefer to spend their time with their families and communities. The community is diversity and a complexity of many races and cultures who immigrated from Europe and the Asian regions. The recent plane attacks in the United States last September 11, 2001 that hit the Pentagon in Virginia and the twin towers in Manhattan where one plane was United Airlines Flight 175 and the train bombing in Madrid, Spain in March of 2004(http://www.foxnews.com/story/0,2933,113887,00.html) has affected the influx of immigrants to the United States and the European Union. Since the United Kingdom is part of the European Union, it has also tightened its immigration procedures. The intelligence department of these countries are now checking deeper the background of all immigrants into the United States and the European Union. Today, due to the invention of the computers, airplanes, television and radio stations, information is passed from one corner of the globe to the other corner in just a split second. This is made possible because of the invention of the satellite. Because of this, the normal person’s workplace is no longer his or her community or city but whatever he or she acts may affect another company or another person’s or another city’s economic life. The United Kingdom is now known by all countries of the world. As a result, many Asians and Europeans have gambled their future and their money for a hope of a better life in the United Kingdom. For the last fifty or more years, the situation where mobility in a fast paced world economy and the increase of per capita income and wealth and the increased peace that a person feels when he or she travels from one country to another has increased the diversity and complexity of community, economic and business life in the United Kingdom. You can travel from any country in the European Union to another country within the European Union in just a few hours. You can communicate with your clients, classmates, relatives, loved ones and business associates just by using the chat portion of the world wide web also known as internet. There were two big immigration movements to United Kingdom. This happened in the 1950s and the 1960s. The 1950s and 1960s group came from the West Indies and far away Asia. The next major group of immigrants occurred in the 1990s. They came from the Middle East, Africa and Europe itself. The total number of immigrants to the United Kingdom has been decreased. The immigrants that the United Kingdom wants are the immigrants that can contribute their money or intelligence to the United Kingdom society. A person who applies for immigration to the United Kingdom has to pass the point grade test. On January, 2002 Immigration became stricter with the implementation of the Highly Skilled Migrant Programme (HSMP). (www.workpermit.com.uk) The Foreign and Commonwealth Office Home Office stated in its United Kingdom Immigration Policy that the United Kingdom aims to operate a firm, fast and fair immigration policy. The requirements for an immigration applicant to be allowed to enter the United Kingdom are clearly set forth in the Immigration Rules. The rules state that “All foreign nationals who wish to enter the UK must satisfy either: an Entry Clearance Officer at a British diplomatic mission abroad; or an Immigration Officer at the port of entry to the UK; that they meet the requirements of the Immigration Rules” (http://www.learn4good.com/travel/uk_visa_requirements1.pdf) If you are a person without a state, you must get a VISA in order to enter the United Kingdom. A person has a non national travel document or a passport issued by an authority not recognized by the United Kingdom. If you are a national of any country not listed as needing a VISA you can visit and study the United Kingdom unless you are entering the United Kingdom with the intention to live permanently there. A VISA is also required if the foreigner who is allowed to visit and study in the United Kingdom has the intention to work in the United Kingdom or to engage in any business undertakings. Such foreigner must apply for a work VISA in order to engage in money making endeavors. All immigration questions can be directly referred to the Immigration Act of 1971, the Immigration and Asylum Act of 1999 and the Statement of Changes in the UK immigration Rules. A citizen of the a Member of State of the European Economic Area, which includes Countries of the European Union, Iceland, Liechtenstein and Norway, have different immigration statutes to follow. A person with parents and ancestors from the United Kingdom can follow other immigration requirements or procedures which will make their approval waiting period shorter. So it is very clear that for a person to be allowed to enter the United Kingdom, he or she must get an entry approval from the Entry Clearance Officer at a British embassy or its equivalent in the foreign country of the VISA applicant. The instruction of the United Kingdom Home Office, Immigration & Nationality Directorate in their new program, only highly skilled workers will be allowed to enter its choosy borders. Skill is acquired by studying it in school such as enrolling in engineering, nursing, computers, management and other courses. The next step to acquire skills is to put those skill theories in school to the workplace. A person that has worked for many hear has a very high point grade in the skills category. The skills that are accepted as high point grade skills are those that the United Kingdom economy needs. Right now there is a strong demand for foreign nurses. The foreign nurses will care for the sick and the elderly population of the United Kingdom. This new immigration program has been revised and expanded during October of 2003. Non British Citizens from countries are required to apply for a United Kingdom VISA for them to work, tour, engage in business, immigrate or otherwise in the United Kingdom. According, “The Nationals of the following countries will require a visa to enter the UK: Afghanistan, Albania, Algeria, Angola, Bahrain, Bangladesh, Benin, Bhutan, Bosnia-Herzegovina, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, China (PR), CIS, Colombia, Comoros, Congo (Dem. Rep.), Congo (Rep. Of), Côte d'Ivoire, Croatia, Cuba, Djibouti, Dominican Republic, Ecuador, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Former Yugoslav Republic of Macedonia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Guyana, Haiti, India, Indonesia, Iran, Iraq, Jordan, Kenya, Korea (DPR), Kuwait, Laos, Lebanon, Liberia, Libya, Madagascar, Maldives, Mali, Mauritania, Mauritius, Mongolia, Morocco, Mozambique, Myanmar, Nepal, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Peru, Philippines, Qatar, Romania, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Slovak Republic, Slovenia, Somalia, Sri Lanka, Sudan, Surinam, Syria, Taiwan, Tanzania, Thailand, Togo, Tunisia, Turkey, Uganda, United Arab Emirates, Vietnam, Yemen, Serbia & Montenegro and Zambia.” (www.learn4good.com/travel/uk_visa.htm) This means that citizens of the European Union Countries are not required to secure a VISA. They can easily go back and forth inside the United Kingdom. This is because all citizens European Union countries have agreed to this new arrangement. It is also noticed from the VISA list above that the United States citizens are not required to file for a VISA card. In addition to the VISA requirements, The applicant must have a point grade of 65 to given a VISA which is based on the applicants’ purpose of stay in United Kingdom, ability to have enough money to pay for United Kingdom student VISA or Visitor’s VISA. Another point grade will be given for work VISAS where academic grades, age, past work experiences, work specialization and the like are indicated. Now that the United Kingdom has become a member of the European Union, it has literally increased the immigration number to its territory. There are countries that do not need VISAS to enter and exit the borders of the United Kingdom. As a member of the United Kingdom, it has given a bigger allowance for other European Union members to enter its borders. In return, residents and citizens of the United Kingdom can freely enter and exit any of the other European Union members’ borders. (http://www.britkid.org/si-ukimmlaw.html) The immigration Act of 1971 was made into law by an Act of Parliament of the United Kingdom. This covers the procedures and requirements whether to accept or not a foreigner applying for entry and immigration to the United Kingdom. The main purpose of the Immigration Act of 1971 and the Commonwealth Immigrants Act of 1962 and the Commonwealth Act of 1968 was to limit the number of immigrants or foreigners trying to cross the borders into the United Kingdom. An Immigration Act is a parliament passed law regulating incoming U K migration. The immigration laws that have been enacted in United Kingdom are Commonwealth Immigrants Act 1962, Commonwealth Immigration Act 1968, Immigration Act 1971, British Nationality Act 1981, Immigration Act 1986, Immigration Act 1988, British Nationality (Hong Kong) Act 1990, Immigration and Asylum Act 1999 (http://en.wikipedia.org/wiki/Immigration_Act_1971) The immigration laws are needed in order to legally exclude immigration applications who are not qualified because they do not have the job specializations that the economy and society of United Kingdom needs. The Immigration laws are needed and are used as a benchmark for immigration applicants to determine, before paying the high United Kingdom immigration application fee, that they will have a point grade of 65 and over based on the criteria set forth by the United Kingdom immigration laws. Another requirement that the immigrants have to accomplish in order to be naturalized and allowed to take the oath of allegiance to the United Kingdom government is the residency requirement. There is the citizenship naturalization requirement that newly arrived immigrants must have their residency in the United Kingdom for a minimum number of years. The spouses of UK residents are, however, allowed to be naturalized United Kingdom citizens after only three years. (www.workpermit.com/uk/naturalisation.htm) The occupations that are really needed and will get high point grades when an applicant applies for immigration in the United Kingdom are as follows: Railway engineers, Railways Planner or Engineer, Railways Modeller, Railway Track Design or Permanent Way Engineer, Communications Engineer, Power Supply Engineer or Electrification Engineer, Structural Engineer, Infrastructure Engineer or Buildings Engineer, Bridge Engineer or Highways Structural Engineer, Traffic Engineer or Transport Planner, Transport Modeller or Transport Economist, Traffic Signal Engineer Highways Design Engineer or Highways Planning Engineer, Highways Maintenance Engineer, Ground Engineering, Geoenvironmental Engineer, Geotechnical Engineer, Geological Advisor, Geological Analyst, Geological Associate, Geological Engineer, Geologist / Hydrogeologist, Geology / Reservoir Engineer, Geomechanics Engineer, Geophysical Specialist, Geophysicist, Geoscientist, Geosupport Engineer, Engineering Geologist, Ground Engineer, Contaminated Land Specialist, Railways Planner or Engineer, Railways Modeller, Railway Track Design or Permanent Way Engineer, Communications Engineer, Power Supply Engineer or Electrification Engineer, Structural Engineer, Infrastructure Engineer or Buildings Engineer, Bridge Engineer or Highways Structural Engineer, Traffic Engineer or Transport Planner, Transport Modeller or Transport Economist, Traffic Signal Engineer, Highways Design Engineer or Highways Planning Engineer, Highways Maintenance Engineer, Ground Engineering, Geoenvironmental Engineer, Geotechnical Engineer, Geological Advisor, Geological Analyst, Geological Associate, Geological Engineer, Geologist / Hydrogeologist, Geology / Reservoir Engineer, Geomechanics Engineer, Geophysical Specialist, Geophysicist, Geoscientist, Geosupport Engineer, Engineering Geologist, Ground Engineer, Contaminated Land Specialist, Actuaries, CAA Licensed Aircraft Engineers, Teachers - All posts in England covering compulsory schooling, and Veterinary Surgeon. This list has been updated only in July of 2005. (http://www.hsmp-services.co.uk/) According to Dominic Casciani of BBC News Casciani, D., Does Immigration Stop the right people? BBCNews, July 27, 2004, a normal day for an entry clearance officer from the United Kingdom is spent asking the same routine questions from persons of many nationalities. It is very glaring that some of the United Kingdom entry clearance officers look have a first impression of persons from one particular country is branded and refused entry in the United Kingdom. The present actions of the entry clearance officers are mostly based on the immigration applicant’s fellow countrymen’ results who have applied and entered or been refused entry. Therefore, if the present applicant’s fellow countryman had violated the immigration and other laws and statutes of the United Kingdom, then this will have a major effect on the approval or refusal of the present applicant’s VISA papers. As a result, foreigners from some countries are given the benefit of the doubt and immigration applicants from countries where many immigration laws have been violated. According to the BBC reporter, the Ministers of the United Kingdom have authorized the front line entry clearance officers this biased approval and refusal procedure based on the nationality and the ethnic origins. The main purpose is to refuse outright illegal immigrants. The good, honest and intelligent citizens of these badly branded countries should have been given a second look. In fact, the entry clearance officers from the United Kingdom even focus their efforts on plane flights from particular countries. The actions of the entry clearance officers could be because of the rampant forged or fake passports proliferating in these countries. The countries, as of 2003, that have immigration application highest refusals by United Kingdom entry clearance officers are Brazil, Poland and Lithuania. In fact in December of 2002, London City airport had a rise of VISA application refusals of Brazilians because the Brazilians thought that it was easier to enter the United Kingdom than to enter Heathrow. The officers of Eurostar terminal have been continuously looking for fake identification papers made locally that stated that the passport owners were from Italy and Holland. According to Ms Coussey, the entry clearance United Kingdom officers must exercise discretion. She said "It seemed to me that passengers from certain nationalities with a record of refusals or of immigration breaches were less likely to be given the benefit of the doubt when compared with passengers from nationalities with a good record. What in some nationalities is viewed with scepticism will be accepted in others” The rejection rates for the year 2002 is Jamaica: 6,000 (9.1%), Lithuania: 3,400 (7.5%), Zimbabwe: 2,500 (4.1%), Latvia: 955 (3.5%), Brazil: 2,400 (1.8%). Therefore, based on the above real situation, it is very difficult for VISA and immigration applicants to enter the United Kingdom. On the other hand, immigration applicants from countries of good standing like the United States have a higher percentage of approval rating. Some immigration applications are being refused because of simple errors in the filled up entry forms. (http://news.bbc.co.uk/2/hi/uk_news/3927241.stm) CONCLUSION: It is really so difficult to enter the United Kingdom. This is very true if the immigration hopeful files his or her application for immigration under the Student Visa or under the work permit category. The immigration laws of the United Kingdom states that for the student visa applicant to be allowed to enter the gates of the United Kingdom, the student must prove to the entry clearance officer of the United Kingdom embassy or consulate that the would be immigrant student will be able to pay for his daily expenses like food, clothing, shelter and other school expenses. The work permit applicant must pass the point grade qualification which will be computed by the entry clearance officer of the United Kingdom embassy or consulate. The point grade passing grade has been lowered to only 65 points. This means to say that only work permit applicants that apply for work in categories that the United Kingdom really needs will have a higher point grade. This higher point grade may result to a working VISA. The United Kingdom resident must prove to the United Kingdom immigration officers that he or she has stayed for a minimum of five years to be permitted to be naturalized and to take an oath of allegiance to the United Kingdom government. But the fiancée of a British citizen can only wait for three short years to be allowed to apply for naturalized United Kingdom citizenship. Based on history, the number of foreigners that have entered into the United Kingdom and have applied for immigration have increased. In fact, Many years ago, you can easily predict the culture and values and likes and dislikes of the people living in a community because people live homogenously. But our present day United Kingdom has to adjust to the influx of foreigners into their land. A normal day in Britain is spent being mixed with people of other races and cultures. This mixture usually happen in the train and the bus and other public places. The British culture is now a mix of many diverse and complex cultures and traditions. The reason for the recent tight check on all immigrant applicants to the United Kingdom is because the United Kingdom is now over populated. Another reason is that the economy may not be able to support the hungry mouths of the working permit applicants because they had applied for work in categories not included as REALLY needed workers such as Railway engineers, Railways Planner or Engineer, Railways Modeller, Railway Track Design or Permanent Way Engineer, Communications Engineer, Power Supply Engineer or Electrification Engineer, Structural Engineer, Infrastructure Engineer or Buildings Engineer, Bridge Engineer or Highways Structural Engineer, Traffic Engineer or Transport Planner, Transport Modeller or Transport Economist, Traffic Signal Engineer Highways Design Engineer or Highways Planning Engineer, Highways Maintenance Engineer, Ground Engineering, Geoenvironmental Engineer, Geotechnical Engineer, Geological Advisor, Geological Analyst, Geological Associate, Geological Engineer, Geologist / Hydrogeologist, Geology / Reservoir Engineer, Geomechanics Engineer, Geophysical Specialist, Geophysicist, Geoscientist, Geosupport Engineer, Engineering Geologist, Ground Engineer, Contaminated Land Specialist, Railways Planner or Engineer, Railways Modeller, Railway Track Design or Permanent Way Engineer, Communications Engineer, Power Supply Engineer or Electrification Engineer, Structural Engineer, Infrastructure Engineer or Buildings Engineer, Bridge Engineer or Highways Structural Engineer, Traffic Engineer or Transport Planner, Transport Modeller or Transport Economist, Traffic Signal Engineer, Highways Design Engineer or Highways Planning Engineer, Highways Maintenance Engineer, Ground Engineering, Geoenvironmental Engineer, Geotechnical Engineer, Geological Advisor, Geological Analyst, Geological Associate, Geological Engineer, Geologist / Hydrogeologist, Geology / Reservoir Engineer, Geomechanics Engineer, Geophysical Specialist, Geophysicist, Geoscientist, Geosupport Engineer, Engineering Geologist, Ground Engineer, Contaminated Land Specialist, Actuaries, CAA Licensed Aircraft Engineers, Teachers - All posts in England covering compulsory schooling, and Veterinary Surgeon. Another reason for the difficulty to apply for a United Kingdom VISA is because the United Kingdom government is now very strict and scrutinizes the persons entering the United Kingdom as a result of the plane suicide bombings of the twin towers in Manhattan and the Pentagon in Virginia. There is still no evidence that the train bombings in Madrid, Spain could have been plotted by foreigners but this incident has heightened the strict inspection of the all foreigners entering the United Kingdom. The only way for the foreigner applicant for work permit VISA or student VISA is to ask help from close friends and relatives to back him or her up so she or he could comply with all the requirements. He or she can then reverse the entry clearance officer’s former DISSAPPROVED decision to an APPROVED decision when he or she accomplishes all the requirements. Another shorter way to enter the United Kingdom is to look for chat with a United Kingdom citizen in the hope that her advances may result to a fiancée VISA. Due to the advent of the internet, people from India, Singapore, Thailand, Japan, the United States can do enter into business transactions with their clients, suppliers and creditors just by being online. The biased system of refusing or having a bad mark for immigration applicants from countries that are blacklisted should be lessened. The entry clearance officers should be more lenient and to give the immigration applicants from such blacklisted companies. The entry clearance officers should base their accept or refuse decision on facts that are presented to them on a person to person basis and not based their decisions on fiction or misconception. BIBLIOGRAPHY Karatani, R., Defining British Citizenship: Empire, Commonwealth, and Modern Britain, Frank Cass, London, 2003 http://www.learn4good.com/travel/uk_visa.htm Goodheart, D., The Guardian, London, Feb, 2004 www.workpermit.com/uk/highly_skilled_migrant_program.htm http://www.hsmp-services.co.uk/ http://www.britkid.org/si-ukimmlaw.html http://www.foxnews.com/story/0,2933,113887,00.html http://news.bbc.co.uk/2/hi/uk_news/3927241.stm Read More