New Directions in Policy: Challenges of the 1990s

• Modernising the asylum system
• Introducing managed migration
• Labour Migration: selection and a points-based system
• Immigration and Nationality Directorate Review

Modernising the asylum system

When Labour came into power in 1997 the first major challenge for immigration policy was refugee and asylum policy. The challenge was a crisis in the efficacy of asylum processing procedures with a growing backlog of cases undetermined and an increasing number of asylum applications. The 1998 White Paper: Fairer, Faster, Firmer saw this crisis in asylum processing as endangering the credibility of refugee protection itself. It argued given the limited migration routes into the UK, numerous people were claiming asylum in order to work or claim benefits in the country in the knowledge that a claim could take several years to process.

The 1998 White Paper and the Act that followed it in 1999 focused on improving the efficacy of asylum procedures and introducing restrictions on asylum seekers opportunities and benefits during the determination process. Many of these measures were promoted as part of a modernisation and efficiency agenda that Labour pursued in its first parliamentary term.

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Introducing Managed Migration

At the same time the approach to economic migration was beginning to see a complete overhaul. Instead of being cast as ‘bogus’ asylum seekers, economic migrants were coming to be seen as a category of migrants the UK needed to attract. Government policy saw a shift from a minimum migration policy to a managed migration policy. This was foreshadowed in ministerial speeches and the re-branding of the overseas labour department ‘Work Permits UK’ towards a friendlier and more efficient service and endorsed as official policy in the 2002 White Paper: Secure Borders, Safe Haven. This policy departure was underpinned by the government’s acknowledgement of labour shortages in various economic sectors and the recognition that migration had the capacity to bring considerable economic benefits to the UK.

The 2002 White Paper also emphasised enforcement measures: increasing penalties and planning to make more use of technological advances such as biometric identification. While providing more legal routes of entry, the immigration system was set to become tougher on those who did not comply with its rules. From 1997 work permits saw year on year increases, with the steepest between 1999 and 2000. The numbers of asylum applications meanwhile rose year on year between 1997 and 2000, peaked in 2002 after which they underwent a sharp decline. In 2003 the Prime Minster announced the objective to reduce asylum applications by half. In 2004 he announced a ‘tipping the balance’ target to increase the number of failed asylum seekers removed to greater than number of unfounded applications. This target remains in operation.

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Labour Migration: selection and a points-based system

In opening up labour markets to economic migration under a managed migration policy the Labour government developed a stratified system of rights for different categories of migrants moving towards an increasingly selective system. This culminated in a points-based system for economic migration announced in the 2005 five year strategy. Managed migration was coupled with a drive towards ‘managed settlement’ with mounting concern about the integration of immigrants into the UK (see Integration and Community Cohesion Section).

The points based system for labour migrants comprises of five tiers and is to be phased in by tier (see Economic Migration Section). The objectives of the system are to make immigration decisions simpler, quicker, more transparent and also easier to enforce. Points are awarded accounting for a mix of attributes (qualifications, job offers etc.) and control factors (risk of absconding). The system prioritises migrants from the expanded EU in the lower skilled tiers. It introduces sponsorship for those migrants in tiers 2 and below and requires financial securities to be offered for those migrants categorised as high risk. Under this system only highly skilled migrants and skilled migrants with a job offer in a shortage sector will be able to apply for settlement (tiers 1 and 2). Migrants will not be allowed to switch tier or to switch to visitor status. It is envisaged that entry decisions will be made abroad, exporting border controls.

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Immigration and Nationality Directorate Review

In July 2006 a comprehensive review of the operation of the immigration and nationality directorate (IND) reported. This followed from increased perception of Home Office immigration operations as lacking fitness for purpose. The review announced seven programmes for institutional reform to update and improve management and processing structures. The major reform is the splitting off of IND from the Home Office into a more independent and directly accountable Borders and Immigration Agency.
The IND review spells out the four objectives of immigration policy.

1. To strengthen borders: introducing tougher checks abroad, ensuring only those with permission travel to the UK, monitoring who leaves and ensuring compliance against those overstaying;
2. To fast track asylum claims: introducing the new asylum model (see refugees and the right to claim asylum section), speeding up decision making , removing those who fail and integrating those found to need protection;
3. Enforcing compliance with immigration control: removing most harmful first and denying access to support to illegal migrants;
4. Boosting the UK economy: selecting migrants with the right skills and ensuring it is easy to visit the UK legally.

How these objectives are to be met is detailed in supplementary strategy papers: Securing the UK Border and Enforcing the Rules. Broadly immigration control appears to be moving towards a model based on quick processing and swift enforcement with little scope for appealing decisions. Emphasis on enforcement is supported by plans to introduce identification cards using biometric data and involving public service providers in enforcing immigration controls. Rights to settlement and entitlements to services are reserved for the more highly skilled and entry controls are being exported to countries of origin.

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For more on new policy directions:

Home Office (1998) Fairer, faster, firmer – A modern approach to immigration and asylum

Home Office (2002) Secure Borders, Safe Haven – Integration with diversity in modern Britain (PDF)

Home Office (2005) Controlling our borders: Making migration work for Britain – Five year strategy on immigration and asylum

Home Office (2006) A Points-Based System: Making Migration work for Britain

Home Office (2006b) Fair Effective Transparent and Trusted: Rebuilding confidence in our immigration system

Home Office (2007) Securing the UK Border: Our vision and strategy for the future (PDF)

Home Office (2007b) Enforcing the Rules: A strategy to ensure and enforce compliance with our immigration laws (PDF)

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