The Immigration Bill 2015 being proposed by Government and presented to Parliament is now available to view.
It lays out the expansion of powers to a large number of immigration officials and makes it easier to remove people. It includes a crackdown on illegal immigration, removing protections of migrant workers and affects UK bank accounts, driving licences and rental accommodations.
There is a a second reading of the bill scheduled for the 13th of October where it will be debated in the House of Commons. Here are the main ways in which the bill may affect you:
Charges on Tier 2 Sponsorship
This would allow the Home Office to impose an immigration skills charge on sponsors of Tier 2 non-EEA nationals. This visa levy on businesses using foreign labour is being considered during the Migration Advisory Committee’s (MAC) review of Tier 2 visas. Until the MAC has fully advised government, the amount of the charge is not known, however it is believed a charge will be added in some form.
Public sector workers will be required to speak, read and write fluent English or will be barred from public sector jobs. This includes migrant workers that have roles in local authorities, health and education. Details of how these skills will be tested are currently unknown, but a code of practice for employers will also be published.
Deport First Appeal Later
The ‘deport first, appeal later’ provision will be extended to all immigration appeals and judicial reviews. This means not only non-human rights cases, but human rights cases as well.
The bill forces banks to check current accounts against migrant databases. Banks will have to notify the Home Office if checks confirm the account holder no longer has permission to remain in the UK. This could lead to the freezing or closure of accounts. This is particularly worrying as many cannot produce satisfactory evidence of their right to remain in the UK which could lead to many being closed mistakenly.
Residency and Renting
The immigration bill introduces a criminal charge of imprisonment for up to five years and a fine for landlords letting out property to a migrant without a ‘right to rent’. This policy can sometimes encourage discrimination for those with foreign sounding names or appearance.
Under the bill, it will be a criminal offence to ‘drive whilst an illegal immigrant’. This includes a criminal sentence of up to 51 weeks and/or a fine. When investigating illegal migration, police are able to seize driving licences. This means it is even more likely, as an ethnic minority, that you will be stopped by the police whilst driving.
Illegal Workers and Employment
Immigration officials can close down businesses, seize earnings and have right to enter and search properties and seize them too. The focus would be on small businesses such as the ability to close off-licences and takeaways. These small businesses and employers are often unable to keep abreast of changes to complex immigration rules and processes. If found to be employing illegal migrants, employers can receive a maximum criminal penalty which will be changed from two to five years. Illegal migrants could get a sentence of up to 51 weeks including a fine.
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This article was first published on Migreat South Asian Community in the UK.