Brexit sparked an uproar of debates and arguments in relation to the issues of immigration in the UK; some want tighter borders and restrictions, whereas others argue that this will hinder the UK and its economy. We speak to Helena Sheizon who summarizes the complexities that are now faced in immigration law and if the points based system is a liable alternative. Helena is an immigration lawyer specialising in EU free movement rights. She is registered as Level 3 (OISC top level) immigration advisor.
What would you say are the biggest complexities UK law faces in terms of immigration and nationality today?
By far the biggest challenge for UK law at the moment is to preserve or, if we talk about immigration law, to re-introduce the rule of law. In immigration context, the rule of law is unfortunately a past affair, just as much as the concept of Human Rights.
The biggest complexity which is facing the British economy and the British society is in the clash between a blind nationalistic belief of the policy makers that expulsion of any foreign national is ultimately for the public good and the social and economic necessity for migrants in the UK. London above all places is reliant on foreign labour and to a major degree on EU labour. According to statistics of recent research commissioned and sponsored by the London Chamber of Commerce, over 35% of construction industry labour in London comes from the EU, over 30% of labour in distribution, hotels and restaurants and well over 20% in finance, transport and manufacturing industry.
We are facing one of the biggest expulsions of masses of population from the United Kingdom and from London in particular; it is worth remembering that the overwhelming majority of these people are economically active. Someone will have to take over their jobs or we shall soon see our local Costa coffee shops closed with signs “Sorry we are closed. Everyone has left.” And it won’t be just Costa. Every fourth business in London will be at risk.
Would the Points Based System offer an alternative to EU labour?
I suppose it will. The question is whether it will be an adequate alternative, and I am afraid the answer is no. I understand that many immigrants in the UK are here because the UK has been attractive to them, as an open and cosmopolitan society, the world’s hub spot and a melting pot for talent from all over the world. In the changing climate, the UK will lose its attractiveness. And we will end up with immigration by necessity, i.e. people seeking to be here because it was even worse somewhere else.
Points based system is very taxing, especially for workers in the Tier 2 category, because they are tied to one employer, with no guaranteed right of settlement and the system is clearly open to abuse by the employers. Those who have a choice may prefer to be somewhere else and many EU nationals would not agree to work under restrictive conditions of the points based system.
What are your opinions on the Points Based Tier System, and how would you see this changed?
Points based system is very restrictive. It is restricted in numbers; it is restricted to highly skilled migrants and those whose jobs are on the shortage occupation list, and is restricted in terms of prescribed salaries and duration of visas granted. There is potentially a window for a new, Tier 3 category, which would cover lower skilled jobs, such as construction workers, plant operatives, caring and leisure services. This immigration category does not exist yet, but it is generally expected that it will be brought to life as a result of Brexit.
What are the consequences of non-compliance with UK immigration rules, and why is expert advice crucial?
The rules were described by the judges as byzantine regarding their complexity, unfairness and irrationality. And that was when the judges still had to apply the rules in immigration appeal hearings. Now immigration appeals have been abolished, there is no control over decisions of the government officials and administrative powers and discretion are unfettered. A minute noncompliance with evidential requirements may lead to expulsion of the whole family of a Tier 2 or Tier 1 worker without a right to return for 12 months, or without the right to bring the business for a conclusion where Tier 1 entrepreneurs are concerned. With dismantling of the Human Rights Act, the fact that the decision has a disproportionately harsh effect on the individuals affected is not of any relevance. In country right of appeal is further curtailed with effect from 1st December 2016 and 28 days’ grace period for making alternative applications after one failed attempted is substituted with much harsher provisions in the immigration rules. These changes in Immigration law now mean applications must be made right first time around and professional help is absolutely essential.
Is there anything else you would like to add?
We encourage employers of migrant workers to become more proactive in helping their employees obtain permanent right of residence in the UK. Next month we will start a series of free webinars ‘Protecting Migrant Workers’ and we invite employers of both EU and non-EU national migrants to join us.
