Thoughts from the criminology team

Home » Nationality and Borders Act 2022

Category Archives: Nationality and Borders Act 2022

Stop the boats, Stop the visas, Meet the thresholds and You are in!

The Tory party has witnessed a number of challenges in recent years and with the appointment of Rishi Sunak, a brief sense of stability was felt amidst the chaos. As different parties look to the upcoming elections, each party have begun to move pieces on its chess board. While campaigns have unofficially begun, some commentators have argued that Sunak’s recent policy on migration could be one of his game plans.

Let’s take a closer look into this recent migration policy. Attention seemed to have slowly shifted away from the plan of redirecting boats to Rwanda to the need to suppress legal migration. To restrict LEGAL migration, Sunak’s government instituted policies limiting opportunities on student visas, banning dependents on care visas, increasing the minimum income threshold for skilled worker and family visas, and revising rules around shortage occupation lists.

Starting with the skilled worker visas, the government imposed a £38,700 minimum salary requirement to gain entry into the UK. Simply put, if you are coming to work in the UK, you must search for a job that pays nothing less than £38,700 in annual income, or else you will not qualify. For me, I think some clarification is needed here for what the government considers as skilled jobs exactly. I say this because junior doctors, nurses and train operators would be considered as being part of a skilled workforce. However, these skilled work force have undertaken multiple strike action over dispute on wages in the last few months. This leads me to another question – how many ‘skilled job’ workers earn a salary of £38,700 in the current day economy? Although the government implied that the reason for this is to force organisations to look to British citizens first rather than relying on legal migrants – which could be thought as quite commendable however, a number of UK workers earn less than the new threshold annually anyway. So this logic needs further clarity in my view.

In terms of curbing student’s visas, UK higher education has long attracted international students, yet these new policies outrightly banning postgraduate dependents and targeting post-study work visas seem quite harsh, especially given the exorbitant £13,000 to £18,000 yearly tuition fees already paid by these students. If the aim is transforming education into a type of transitory/knowledge based tourism, this should be transparent so aspiring international scholars are not misled into believing they are wanted for anything beyond their hefty bank balances.

On family visas and so forth, it is without a doubt that these new rules will tear apart families because it also imposes a £38,700 minimum income threshold on family visas from £18,600.  The technicality around this is that legal migrants will not be the only ones to be affected by these new rules, British citizens will also be affected. Let us consider this scenario. Consider Linda, a British citizen working part-time in retail earning £33,000 annually. She aims to marry her long-term boyfriend from Sri Lanka next summer, but both of them fall short of the minimum income threshold. Under the current rule, Linda now faces a dilemma. It’s either she increases her earnings above the threshold by the next spring or uproot her British life to reunite with her partner abroad. Contrast her plight with Kelvin, a non British citizen who has recently secured a Band 7 physiotherapy role in the NHS. He is entering the UK from Mozambique and has managed to negotiate a £47,000 pay deal with his trust. Kevin has the right to move his family freely over to the UK without any disruption. This seems more like double standards because for the less affluent, it seems the right to create a family across borders will become an exclusive privilege reserved only for the rich under this new policy. 

The clock may be running out for advocacy groups hoping to see a repeal of these new regulations by the House of Lords and it seems doubtful there is enough procedural means in the Commons to withdraw the policies.

Refugee Week 2022

IRC Colnbrook the day the first asylum seekers were due to be deported to Rwanda

Next week (20th-26th June) is Refugee Week, coming at a moment in time days after the first deportation flight of asylum seekers to Rwanda was scheduled. Luckily the government’s best efforts were thwarted by the ECHR this time. Each year Refugee Week has a theme and this year’s focus is healing. People fleeing conflict and persecution have a lot to heal from and I am pessimistic about whether healing is possible in the UK. My own research examines the trajectories of victimisation among people seeking safety. I trace experiences of victimisation starting from the context from which people fled, during their journeys and after arrival in the UK. It is particularly disturbing as someone who researches people seeking safety that once they arrive in a place they perceived to be safe, they continue to be victimised in a number of ways. People seeking safety in the UK encounter the structurally violent asylum ‘system’ and discriminatory attitudes of swathes of the public, sections of the media and last not certainly not least, political discourse. Even after being granted leave to remain, refugees face a struggle to find accommodation, employment, convert education certificates and discrimination and hate crime is ongoing.

Over the years I have supported refugees who suffered breakdowns after having their asylum claim awarded. They are faced with the understanding of the trauma they suffered pre-migration, compounded by the asylum system and the move-on period following claims being awarded. Yet this is no time to heal. In the wake of the Nationality and Borders Act 2022, no migrant nor British citizen with a claim to citizenship elsewhere is safe. There is no safety here and therefore there can be no healing, not meaningful healing anyway.

Discarde placard from a protest outside IRC Colnbrook

Despite my negative outlook on the state of immigration policy in the UK, there are some positive signs of healing for some people seeking safety. These experiences are often facilitated by peer support, grassroots organisations and charities.  I recall one woman who had fled Iraq coming into a charity I was undertaking research in. When we met for the first time, she was tiny and looked much older than she was. She would pull her veil tightly around her head, almost like it was protecting her. This woman did not speak a word of English and the only volunteer Kurdish Sorani interpreter did not attend the group every week. The womens’ group I attended conducted activities which overcame language barriers and at the time we were working with tiles and mosaics on a project which lasted a few weeks. During this time I could visibly see this woman start to heal. She started to stand up straight, making her appear taller. Her face softened and she appeared younger. She started smiling and her veil loosened. She was relaxing among us. In my experience, I’ve noticed that the healing comes in ebbs and flows. Relief of being ‘safe’, compounding stress of asylum, making friends, waiting, waiting, waiting for a negative decision,  being supported by NGOs, letters threatening deportation, having a ‘safe’ place to live, having a firework posted through your letterbox.

For me this week is about celebrating those fleeting moments of healing, since I spend so much of my time discussing and researching the negative. The University of Northampton is co-hosting a number of events to mark Refugee Week 2022, starting with a service being held to remember all those seeking sanctuary both past and present. The event will be held on Monday 20th June at 1pm at Memorial Garden, Nunn Mills Road, Northampton, NN1 5PA (parking available at Midsummer Meadow car park).

Monday will end with an ‘in conversation with’ event with University of Northampton doctoral candidate Amir Darwish. Amir is Kurdish-Syrian and arrived in the UK as an asylum seeker in 2003. He is now an internationally published poet and writer. This event will be run in conjunction woth Northampton Town of Sanctuary and will be hosted at Delapre Abbey at 7pm. You can find further details and book tickets here.

On Wednesday the University of Northampton and Northampton Town of Sanctuary will be hosting an online seminar at 3pm with Professor Peter Hopkins, whose recent research examined the exacerbation of existing inequlaities for asylum seekers during the pandemic. I’ve just written a book chapter on this for a forthcoming volume reflecting on the unequal pandemic and it was staggering – but unsurprising – to see the impact on asylum seekers. This seminar can be accessed online here.

The week’s events will conclude with a Refugee Support Showcase which does what it says on the tin. This event will be an opportunity for organisations working with refugees in the local area to show the community the valuable work they do. This event will take place on Thursday 23rd June 4-6pm at the Guildhall, St. Giles Square, Northampton.

This year the University has worked with a number of organisations to produce a well-rounded series of events. Starting with reflection and thought of those who have sought, and continue to seek sanctuary and celebrating the achievements of someone who has lived experiences of the asylum system. Wednesday contibutes to the understanding of inequalities for people seeking safety and we end Friday on a positive note with the work of those who facilitate healing.