A/HRC/14/30/Add.3
22.
The United Kingdom developed in 2002 the Highly Skilled Migrant Programme,
which was replaced in 2009 by the highly skilled worker tier on the basis of a points system
described in paragraph 26. In 2004, it developed a workers registration scheme for A8
workers, who are thereby required to register (and pay a one-time registration fee of £90)
with the Home Office within one month of taking up employment.
23.
Since July 2006, steps have been taken to replace the existing immigration laws with
a single simplified or consolidated law. In this regard, consultations began in 200728 and
stand-alone changes to the current system were introduced in July 2009 with the adoption
of the Borders, Citizenship and Immigration Act 2009.
24.
The new act allows for certain functions to be transferred from Her Majesty’s
Revenue and Customs Office to UKBA. It also amends several provisions, such as the
British Nationality Act 1981 provisions relating to naturalization as a British citizen,
children of foreign and Commonwealth members of the Armed Forces and the registration
as British citizens of children born abroad to British mothers before 7 February 1961. It
also introduces powers to control all those arriving in the United Kingdom from another
part of the Common Travel Area,29 establishes restrictions on studying in the United
Kingdom, introduces powers to take fingerprints and detain at ports in Scotland, allows
judicial review applications in immigration and nationality cases to be heard by the new
Upper Tribunal and introduces a new duty for UKBA to safeguard the welfare of children.
Although this law complements legislation currently in force, the main goal is to adopt a
full simplified or consolidated bill and a framework for immigration rules in the near future.
25.
A five-year asylum and immigration strategy was developed between 2005 and 2006
to: strengthen border control; fast-track asylum decisions; enforce compliance with
immigration laws; boost the economy by bringing skills in demand from around the world;
and ensure legal entry to the country.30
26.
The strategy sets forth five expected accomplishments, which the Special
Rapporteur considers punitive rather than protective: (a) to strengthen the use of
intelligence and risk assessment to target the people, routes and places with a view to
increasing scrutiny of those who will enter the United Kingdom; (b) to manage the identity
of foreign nationals through a secure, unique identification to help manage migration and
reduce unauthorized work; (c) to implement cross-government enforcement action; (d) to
enhance the system of fast removal of third-country nationals; and (e) to improve the
management of asylum-seekers to cope with the workload relating to the large numbers of
applications. UKBA also established a three-pronged business plan (2009–2012)
27.
The points-based system, based on a set of criteria aimed at meeting workforce
specific needs, was introduced in 2008. This system, also known as the “five-tier
immigration system”, applies to five categories of migrants, each of which has a different
set of conditions, entitlements and entry clearance checks: tier 1 is for highly skilled
individuals; tier 2 for skilled workers with a job offer; tier 3 for low-skilled workers needed
to fill temporary labour shortages (suspended indefinitely); tier 4 for students and tier 5 for
temporary workers and young people covered by a youth mobility scheme. For each
category, applicants need to score a certain number of points to be allowed to enter or stay
in the country.
28
29
30
8
See Home Office, “Simplifying Immigration Law: an initial consultation”, June 2007.
The Common Travel Area is an immigration arrangement that creates a “free-movement” (passportfree) area comprising the United Kingdom, the Republic of Ireland, the Bailiwick of Guernsey, the
Bailiwick of Jersey and the Isle of Man.
Home Office, “Fair, effective, transparent and trusted: rebuilding confidence in our immigration
system”, July 2006.
GE.10-12095