united kingdom annual policy report 2014 · united kingdom annual policy report 2014 prepared for...

United Kingdom Annual Policy Report 2014

Prepared for the European Migration Network

[Month] 2015

Disclaimer: The following responses have been provided primarily for the purpose of completing a Synthesis

Report for the above-titled European Migration Network (EMN) Focused Study. The contributing EMN

National Contact Points have provided information that is, to the best of their knowledge, up-to-date,

objective and reliable within the context and confines of this study. The information may thus not provide a

complete description and may not represent the entirety of the official policy of an EMN National Contact

Point’s Member State.

2 United Kingdom Annual Policy Report 2014

Contents

Executive Summary ................................................................................................................... 4

1. Introduction ............................................................................................................................ 8

Purpose ................................................................................................................................................ 8

Methodology ......................................................................................................................................... 8

2. Key Immigration Acts and Bills 2014 ........................................................................................ 9

2.1 The Immigration Act ........................................................................................................................ 9

2.2 The Modern Slavery Bill .................................................................................................................. 9

3. Legal migration and mobility .................................................................................................. 11

3.1 Economic migration ...................................................................................................................... 11

3.2 Students and researchers ............................................................................................................. 11

3.3 Family migration ............................................................................................................................ 12

3.4 Concessions to the Immigration Rules .......................................................................................... 12

4. Integration ................................................................................................................................. 13

4.1 Promoting integration through socio-economic partnerships ......................................................... 13

4.2 Promoting integration through participation ................................................................................... 14

4.3 Promoting integration of specific groups........................................................................................ 15

4.4 Non-discrimination ........................................................................................................................ 15

4.5 Cooperation, consultation and action at a local level ..................................................................... 16

5. Tackling human trafficking ..................................................................................................... 17

5.1 The Modern Slavery Bill ................................................................................................................ 17

5.2 Government activity to tackle human trafficking ........................................................................... 19

6. International protection including asylum ............................................................................... 21

6.1 Cooperation with the European Asylum Support Office ................................................................ 21

6.2 Enhancing the external dimension including resettlement ............................................................ 21

6.3 Common European Asylum System .............................................................................................. 22

7. Unaccompanied minors and other vulnerable groups ............................................................ 24

7.1 Unaccompanied asylum seeking children ..................................................................................... 24

8. Migration and development policy .......................................................................................... 25

8.1 Migrant remittances...................................................................................................................... 25

8.2 Working with diaspora groups ....................................................................................................... 26

9. Irregular migration and returns ............................................................................................... 27

9.1 UK Border Force measures........................................................................................................... 27

9.2 Combating abuse of legal migration channels ............................................................................... 27

9.3 Misuse of family migration ............................................................................................................. 28

9.4 Misuse of student migration .......................................................................................................... 29


9.5 Irregular migration caused by use of false travel documents ......................................................... 30

9.6 The fight against smuggling .......................................................................................................... 30


Executive Summary

The UK European Migration Network (EMN) Annual Policy Report (APR) 2014 aims to provide an insight into the most significant political and legislative developments across the year in the areas of migration and asylum. Developments in the UK from January to December 2014 will be discussed.

Key Immigration Bills and Acts 2014

The Immigration Act

The Immigration Bill received royal assent on the 14 May 2014. The Immigration Act 2014 contains 77 clauses and makes fundamental changes to how the UK immigration system functions. Changes include:

cutting the number of immigration decisions that can be appealed from 17 to 4; requiring private landlords to check the immigration status of their tenants; requiring migrants who have time-limited leave to remain to pay a contribution to

the National Health Service (NHS); clamping down on sham marriages; and ensuring that the immigration status of people who apply for driving licences are

checked.

The Act aims to limit the factors that draw illegal migrants to the UK and to make it easier to remove those with no right to be in the UK.

The Modern Slavery Bill

The Modern Slavery Bill was first published in June 2014. The Modern Slavery Act is the first of its kind in Europe, and one of the first in the world, to address specifically slavery and trafficking in the 21st century. It will:

give law enforcement the tools it needs to target today’s slave drivers; ensure that perpetrators are severely punished; and improve support and protection for victims.

In parallel, the Secretary of State for the Home Department also commissioned a review of the National Referral Mechanism, which will inform improvements to the consideration process and the support provided to victims. The Modern Slavery Bill received royal assent in March 2015.


Economic migration

In March 2014 the Government announced that it was making a package of changes to Points-Based System work routes to improve flexibility for applicants and help to boost economic growth:

the Tier 1 (Exceptional talent) route was expanded to include the digital technology sector; and

five-year grants of leave were introduced to the Tier 2 (General), the main route for those with a skilled job offer, and Tier 2 (ICT) rather than a maximum of three years.

Students

The UK has taken action to tackle abuse of the student immigration route through common sense visa reforms. These are working and in the year to June 2014, the number of visa applications from prospective university students rose by 5 per cent, whilst visa applications to study at further education colleges, where much of the abuse has been concentrated in the past, fell by 25 per cent in the same period.

Family migration

Part 4 of the Immigration Act 2014 introduces important new measures to tackle sham marriages entered into in an attempt to gain an immigration advantage. All marriages following civil preliminaries and civil partnerships in England and Wales will be subject to a minimum notice period of 28 days. Any non-European Economic Area (EEA) national wishing to marry in the Anglican Church will be required to complete civil preliminaries and give notice at a register office before their marriage. Where sham is suspected, the notice period will be extended to 70 days to investigate and take appropriate enforcement action.

Integration

The UK recognises that understanding the language of the country is key to successful integration. From 24 July 2014, a greater number of partner and parent visa applicants in the family route seeking limited leave to remain have been required to meet the A1 level English language requirement. Previously, applicants who were long-term residents of a country listed by the Home Office as having no approved A1 English test were exempt from this requirement; from 24 July 2014 this exemption was withdrawn. This change will mean that more partners and parents seeking to settle in the UK can speak and understand basic English before they arrive. This will help them participate and integrate into British society.


Non-discrimination

Protecting the rights of vulnerable women and men is a priority. Key to this is tackling harmful traditional practices where they occur. The Government made forced marriage a criminal offence in 2014 and launched a large number of measures to prevent and support victims of female genital mutilation (FGM).

Resettlement

On 29 January 2014 the UK established the Syrian Vulnerable Persons Relocation (VPR) scheme. The scheme runs in parallel with the United Nations High Commissioner for Refugee’s (UNHCR's) Syria Humanitarian Admission Programme (HAP). The VPR scheme prioritises help for survivors of torture and violence, women and children at risk, and those in need of medical care. The UK is also supporting the EU Regional Development Protection Programme (RDPP) in Lebanon, Jordan and Iraq. This is a three-year intervention aimed at supporting both Syrian refugees and their host countries, and easing tensions and minimising the impact on host communities. The UK has pledged €500,000 to this project, the overall size of which is now €26.2 million, and is a representative on the Steering Committee.

Human trafficking

To tackle human trafficking, in addition to the establishment of the Modern Slavery Act, the Home Department is trialling a Child Trafficking Advocates project. This project will assess whether the provision of an individual advocate would enable a more straightforward, and less intimidating, journey through the social care, criminal justice and immigration systems for a particularly vulnerable group of people (child victims of trafficking) than is the case at present. The pilot will conclude in September 2015 and the Home Department will publish findings soon after.

The Foreign and Commonwealth Office (FCO) continues to coordinate the delivery of a programme of government activity to tackle human trafficking overseas with the aim of:

raising awareness of both potential victims and would-be perpetrators; supporting the reintegration of victims who wish to return to their home country;

and lobbying on the issue both at home and overseas.

The Common Asylum System

The recast Dublin III Regulation EU No 604/2013 has been applied in the UK from 1 January 2014.


Unaccompanied minors

In January 2014 the Department for Education, following a public consultation, published

statutory guidance on children missing from home or care. The guidance sets out the steps that local authorities and their partners (e.g. the police, schools) should take to prevent children going missing and to protect them when they do. As part of the guidance, local authorities have a duty to interview children who have been missing within 72 hours of their return, to reduce their likelihood of going missing again. The guidance includes specific reference to unaccompanied children from abroad, who may have been trafficked.

Migrants’ remittances

Remittance payments under the account of the largest money service business (MSB) active between the UK and Somalia (Dahabshiil) were temporary suspended by Barclays Bank. In response to the need to address the risks of money laundering and financing of terrorism, the UK has provided new guidance for MSBs and banks operating in the remittance sector, developed by Her Majesty’s Revenue and Customs (HMRC) in cooperation with the Joint Money Laundering Steering Group (JMLSG). The Government has doubled the number of supervisory visits to MSBs. An online e-learning programme has also been developed during the year. In addition, the Department for International Development (DFID) in cooperation with the World Bank has designed a project to improve transparency, auditability and security of UK–Somali remittances; the implementation of the project is planned by early 2015.

Tackling irregular migration

The UK Border Force has a number of operations to combat the increasing clandestine and irregular migration activity and involves joint working with UK law enforcement, immigration agencies and other European law enforcement agencies such as the French Police Aux Frontières (PAF). One such example is the joint initiative between the UK and French Governments to enhance security at the French port of Calais.

There are also new powers for police offers, immigration officers and designated custom officials to search for and seize invalid travel documents, including cancelled passports. These powers will help to define the statutory powers available at ports to prevent people from travelling to or from the UK on invalid documentation and provide an express statutory power to enforce the cancellation of a passport.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/307867/Statutory_Guidance_-_Missing_from_care__3_.pdf


1. Introduction

Purpose

The European Migration Network (EMN) UK Annual Policy Report (APR) 2014 has two main aims:

to outline the significant developments (political, legal and administrative) in 2014 in migration and asylum in the UK; and

to document the state of implementation of EU legislation and the impact of European policy developments at a national level.

As in previous APRs a synthesis report will be compiled by the EU. This will summarise and compare the findings from the reports from participating Member States, presenting a comparative perspective for policymakers.

Methodology

This report covers developments in the UK in the period 1 January to 31 December 2014. This is the seventh UK APR.

The report is based on desk-based research and no primary research was undertaken. Most of the information was provided by individuals from the Home Office, other government departments and from Home Office press releases and published reports. These reports are publicly available and can be found at: https://www.gov.uk/government/organisations/home-office

Events and developments deemed ‘significant’ are presented. A significant event or development is defined as one that has been discussed in the national Parliament and has been widely reported in the media.

https://www.gov.uk/government/organisations/home-office


2. Key Immigration Acts and Bills 2014

2.1 The Immigration Act

The Immigration Bill received royal assent on the 14 May 2014. The Immigration Act 2014 contains 77 clauses and makes fundamental changes to how the UK immigration system functions.

The Immigration Act aims:

to limit the factors that draw illegal migrants to the UK; to make it easier to remove those with no right to be in the UK; and to ensure that the courts have regard to Parliament’s view of what the public

interest requires when considering Article 8 of the European Convention on Human Rights (ECHR) in immigration cases.

It includes:

cutting the number of immigration decisions that can be appealed from 17 to 4, while allowing the UK to return certain harmful individuals before their appeals are heard if there is no risk of serious irreversible harm;

ensuring that the courts have regard to Parliament’s view of what the public interest requires when considering ECHR Article 8 claims in immigration cases, making clear that the right to a family life is not to be regarded as absolute and unqualified;

clamping down on people who try to gain an immigration advantage by entering into a sham marriage or civil partnership;

requiring private landlords to check the immigration status of tenants, preventing those with no right to live in the UK from accessing private rented housing;

introducing a new requirement from temporary migrants with time-limited immigration status by requiring them to make a financial contribution to the National Health Service (NHS);

requiring banks to check new customers against a database of known immigration offenders; and

ensuring that the immigration status of people applying for driving licences is checked.

2.2 The Modern Slavery Bill

The Modern Slavery Bill was first published in June 2014 and received royal assent in March 2015. It is the first of its kind in Europe, and one of the first in the world, to address specifically slavery and trafficking in the 21st century.


The new legislation:

significantly enhances support and protection for victims; gives law enforcement the tools it needs to target today’s slave drivers; ensures perpetrators can be severely punished; and includes a world-leading provision to encourage businesses to take action to ensure

that their end-to-end supply chains are slavery free.

The Modern Slavery Act will strengthen the response of law enforcement and the courts by:

increasing the maximum sentence available for the most serious offenders from 14 years to life imprisonment;

ensuring that perpetrators convicted of slavery or trafficking face the toughest asset confiscation regime;

consolidating and simplifying existing modern slavery offences into one Act; introducing Slavery and Trafficking Prevention Orders and Slavery and Trafficking

Risk Orders to restrict the activity of individuals where they pose a risk of causing harm; and

strengthening law enforcement powers at sea to close loopholes that can prevent the police and Border Force being able to act on board vessels at sea.

The Act will ensure that victims receive the protection and support they deserve by:

creating a statutory defence for victims of modern slavery so that they are not inappropriately criminalised;

giving the courts new powers to order perpetrators of slavery and trafficking to pay Reparation Orders to their victims;

providing for child advocates to support child victims of trafficking; extending special measures so that all victims of modern slavery can be supported

through the criminal justice process; providing statutory guidance on victim identification and victim services, including

an enabling power to put the relevant processes on a statutory basis; and introducing protections for victims of abuse on an overseas domestic workers visa.

The Act also establishes the UK’s first ever Independent Anti-slavery Commissioner to drive forward the law enforcement response and hold it to account at all levels, ensuring that the perpetrators are caught and prosecuted and that the victims are swiftly identified so they can get help. (The Modern Slavery Bill is also covered in section 5 on tackling human trafficking.)


3. Legal migration and mobility

3.1 Economic migration

The Government believes that through a selective and well-managed immigration system it is possible to control migration whilst protecting UK economic interests and contributing to growth. Immigration reforms since 2010 have been based on this principle.

In March 2014 the Government announced that it was making a package of changes to tier-based work routes to improve flexibility for applicants and help to boost economic growth. These changes included expanding the Tier 1 (Exceptional talent) category to include leading talent in the digital technology sector who are endorsed by Tech City UK, as well as making it easier for applicants in this category to apply from overseas, and to count time spent in other immigration categories towards qualifying for settlement.

Five-year grants of leave were introduced for Tier 2 (General), which is the main route for those with a skilled job offer, and Tier 2 (ICT), rather than a maximum of three years. Scheduled updates to salary and maintenance fund requirements were also made. The UK has seen an increase in sponsored visa applications for highly skilled workers – up 16 per cent in the last year (2013: 46,390 applications; 2014: 53,764 applications, main applicants only).

In April 2014 the Government removed the ring-fencing of places for master of business administration (MBA) graduates and the restrictions on participants’ graduation dates in the Tier 1 (Graduate entrepreneur) route. This was to make the scheme more flexible and simpler to operate.

In November 2014 the Government reformed the Tier 1 (Investor) route following a review by the Migration Advisory Committee earlier in the year. The reforms included doubling the minimum investment threshold from £1 million to £2 million. Five-year grants of leave were introduced for Tier 1 (Exceptional talent) applicants, instead of the previous three years. To combat abuse, Tier 1 (Entrepreneur) applicants within the UK were prevented from relying on funds outside the UK, and a ‘genuine vacancy’ assessment was introduced for Tier 2 (General) and (ICT) applications.

3.2 Students and researchers

The following amendments were made to the UK Immigration Rules in 2014, which will facilitate greater mobility of students and researchers. These amendments:

make it easier for researchers who are sponsored to work in Tier 2 to undertake a period of academic leave by waiving the Resident Labour Market Test, which would


have applied when they returned to work at the end of their academic leave; and increase the flexibility within the visitor route to enable scientists and researchers to

make short visits to the UK to advise and share knowledge on international projects that are being led from the UK.

The UK has also taken action to tackle abuse of the student immigration route. The sponsorship system has been made more robust with the introduction of common sense reforms to the visa requirements for students. These reforms are working; in the year to June 2014 the number of visa applications from prospective university students rose by 5 per cent, whilst visa applications to study at further education colleges, where much of the abuse has been concentrated in the past, fell by 25 per cent in the same period.

3.3 Family migration

The Immigration Act received royal assent on 14 May 2014 (see section 2 on key political developments). In relation to family migration it will ensure that the courts have regard to Parliament’s view of what the public interest requires when considering European Convention on Human Rights (ECHR) Article 8 claims in immigration cases. Section 19 of the Immigration Act 2014 came into force on 28 July and makes clear the public interest under Article 8 is family migrants being financially independent and able to speak English, as this prevents burdens on the taxpayer and promotes integration.

Part 4 of the Immigration Act 2014 includes important new provisions to tackle sham marriages and civil partnerships to prevent those participating from gaining an immigration advantage. The new provisions are expected to be implemented across the UK in March 2015.

On 11 July 2014 the Court of Appeal, in the case of M. M. & Others, determined that the minimum income threshold for sponsoring a non-European Economic Area (EEA) national partner and dependent children under the family Immigration Rules is lawful.

Since the new family Immigration Rules were introduced in 2012 (see the UK Annual Policy Report (APR) 2012 for further information), the UK Government has made minor technical amendments to those rules. In 2014 these included clarifying the operation of aspects of the minimum income threshold and providing some greater flexibility in the evidential and other requirements to be met.

3.4 Concessions to the Immigration Rules

Temporary concessions to the Immigration Rules were introduced for Syrians currently in the UK, allowing greater flexibility to extend their visas; these were introduced in October 2012 in light of the conflict in Syria. The aim of this concession is to give alternative options to Syrians who are legally in the UK and feel currently unable to return due to the conflict. These concessions were extended for a further year in February 2013, and were renewed again in for a further year in February 2014.


4. Integration

4.1 Promoting integration through socio-economic partnerships

The UK recognises that understanding the language of the country is key to successful integration. For this reason, individuals seeking to live permanently in the UK or to naturalise as British citizens are required to demonstrate knowledge of language and life in the UK. Since 28 October 2013 individuals are required to have speaking and listening skills at B1 on the Common European Framework and pass the ‘Life in the UK’ test.

The Government has provided £6 million to support 24,000 isolated adults to learn English over 18 months. This is targeted at those who have not previously engaged with mainstream provision in 29 English language target areas, which include: East and North London; Birmingham; Manchester; the ‘M62 Corridor’; Slough; Luton; and Bristol.

EU funding streams

UK projects funded by the European Integration Fund (EIF) and the European Refugee Fund (ERF) are aimed at measures increase migrants’ socio-economic integration, with an emphasis on increasing migrants’ employability in a number of ways. Some projects include:

linguistic competence building, an essential prerequisite for participation in the labour market;

the provision of information, advice and guidance on writing a CV and interview skills; and

using information technology.

Information about work, housing, driving, access to healthcare, education and other topics that migrants might need to assist their early integration continues to be found on the gov.uk website.

Others focus on appropriate access to healthcare services and on ‘family learning’ in which parents and their children work together in a supportive environment.

Independent evaluation and research with project participants found that both refugees and other third country nationals reported a range of benefits to their participation in the above projects, including:

increased confidence (e.g. about independently undertaking day-to-day activities in the UK, communicating with English speakers and about seeking and finding employment);

improved social networks; and,


improved English language skills, even among participants who had not accessed English for speakers of other languages (ESOL) provision.

4.2 Promoting integration through participation

The UK is committed to supporting strong communities where people feel they belong. The UK Government has adopted a five-pronged approach to achieving an integrated Britain. This focuses on:

boosting social mobility; celebrating common values; encouraging responsibility; tackling extremism where it occurs; and encouraging participation in economic and social life from people of all faiths

and ethnicities.

Local communities know their own areas best. The Government’s role is to demonstrate the effects that local communities would like see and that showcase best practice. In 2014 it funded 29 integration projects for this purpose. This work has included the following.

Providing £1.5 million to help the integration of retired Gurkhas and their families, mainly in South East England.

Supporting the Big Iftar (the meal eaten by Muslims after sunset during Ramadan) 2014, encouraging over 100 British mosques, other places of worship and community groups to host non-Muslim guests to share Iftar. A synagogue hosted an Iftar this year as a result.

Our Big Gig, 170 community-led music events across country (11–13 July 2014). Together in Service, a new national programme to promote inter-faith social

action. Youth United, which provided £10 million to recruit 2,700 adult volunteers and

establish over 600 units of member organisations, Scout groups, Cadet groups etc. This has provided opportunities for nearly 11,000 young people.

These projects help to bring people together from all backgrounds and faiths, including new and established migrants. They focus on building a common ground and participation supporting strong communities where people feel that they belong. Although none of these projects have a particular focus on migrants, given that they encourage people from all backgrounds to get together, they are likely to engage with migrants.

Additionally, the handbook Life in the UK: A Guide for New Residents places great emphasis on UK culture, history and values to help to prepare applicants for naturalisation and their new responsibilities in respect of participation in the democratic process.


4.3 Promoting integration of specific groups

From 24 July 2014 a greater number of partner and parent visa applicants in the family route seeking limited leave to remain have been required to meet the A1 level English language requirement. Previously, applicants who were long-term residents of a country listed by the Home Office as having no approved A1 English test were exempt from this requirement; from 24 July 2014 this exemption was withdrawn. This change means that more partners and parents seeking to settle in the UK can speak and understand basic English before they arrive. This will help them to participate and integrate into British society, and help to reduce translation costs for public services and local authorities.

Applicants resident in a country with no approved A1 English test are now expected to travel to another country to take an approved A1 test. They will be exempt from the requirement if they can demonstrate in their visa application that it is not practicable or reasonable for them to do so.

4.4 Non-discrimination

Protecting the rights of vulnerable women and men is a priority. Key to this is tackling harmful traditional practices where they occur. The Government made forced marriage a criminal offence in 2014 and launched a large number of measures to prevent and support victims of female genital mutilation (FGM).

The Government secured agreement from over 300 faith leaders for a declaration against FGM, and another against forced marriage. As FGM is a deeply embedded culture, working with key community leaders and empowering local people to tackle the practice in their area is critical. For this reason the Government is providing small grants to community organisations to deliver the work that they know will make a difference to keep women safe. A further £230,000 for such grants was announced on the International Day of the Girl on 11 October 2014.

The UK aims to prevent and tackle race and religious hatred by challenging the attitudes that underpin it and improving reporting and access to support.

The UK jointly funds ‘True Vision’ to provide an anonymous alternative channel for reporting all forms of hatred.

The Department for Communities and Local Government (DCLG) gave ‘Faith Matters’ £396,000 during 2011–13 to establish Tell MAMA – Monitoring Anti-Muslim Attacks – as a sustainable community initiative; Tell MAMA has successfully attracted other funders for their important work and aims to be financially sustainable following the ending of DCLG funding in September 2013.

The UK funds the Anne Frank Trust and the Holocaust Memorial Day Trust to inspire young people to challenge prejudice and reject the anti-Semitic messages of groups like the English Defence League.

The UK chairs and provides the secretariat for cross-government working


groups on anti-Semitism and anti-muslim hatred to explore what more can be done to prevent and tackled hatred.

The UK chairs the cross-government working group on hate crime and supports the Government's Hate Crime Action Plan.

The Government also partially funds the Opening Doors Network to establish an enterprise development programme to train young unemployed and socially disadvantaged people in Haringey, Brent and Croydon to be entrepreneurs. It works mainly with unemployed and socially disadvantaged young people aged 18 to 30 to raise their aspirations, grow enterprising ideas and help them become entrepreneurs. It aims to benefit disadvantaged individuals, including African, Caribbean, Indian, Pakistani, Bangladeshi and other disadvantaged groups who are represented in the target and neighbouring boroughs.

4.5 Cooperation, consultation and action at a local level

The Home Office, including UK Visas and Immigration (UKVI) and Immigration Enforcement, has a number of partner groups and forums across its business areas that bring together officials and partners with interests in specific issues. Examples of these groups include the Home Office London Area Labour Intensive Sector (LALIS), the UKVI Business User Forum, and the UKVI National Asylum Stakeholder Forum and its subgroups, such as one that deals specifically with children’s issues and one that deals with integration.

The aim of these groups is to engage key stakeholders and to provide them with up-to-date information from the Home Office/relevant business areas. Home Office officials also attend meetings with external groups that focus on migration issues, such as the Local Authority Asylum, Migration and Refugee task group.

Underpinning this activity is business as usual engagement to support policy and operational development and delivery. Engagement is with a wide range of partners from a number of different sectors including other government departments (OGDs), the devolved administrations in Scotland, Wales and Northern Ireland, local government/local authorities, business, education, the legal profession and the voluntary sector.


5. Tackling human trafficking

5.1 The Modern Slavery Bill

The Modern Slavery Bill was published in June 2014. (The Bill was passed in March 2015). It is the first of its kind in Europe, and one of the first in the world to specifically address slavery and trafficking in the 21st century. It will give law enforcement the tools it needs:

to target modern slave drivers; to ensure that perpetrators are severely punished; and to improve support and protection for victims.

The Bill reflects the Government’s determination to lead the global fight against modern slavery and to disrupt, prosecute and punish the organised criminal gangs that are behind the majority of this evil trade in human beings. The Modern Slavery Bill will strengthen the response of law enforcement and the courts in the following ways.

By consolidating and simplifying existing modern slavery offences into one Act. Currently modern slavery and trafficking offences are spread across a number of different Acts. The Bill fixes this, providing much needed clarity and focus and making the law easier to apply.

Increasing the maximum sentence available for the most serious offenders from

14 years to life imprisonment, with those who have a previous conviction for a serious sexual or violent offence facing an automatic life sentence.

Introducing Slavery and Trafficking Prevention Orders and Slavery and

Trafficking Risk Orders to restrict the activity of individuals where they pose a risk of causing harm.

Creating a new Anti-slavery Commissioner, a vital post that will drive an

improved and more coordinated law enforcement response at all levels, working in the interests of victims.

Ensuring that perpetrators convicted of slavery or trafficking face the toughest

asset confiscation regime. Strengthening law enforcement powers at sea to close loopholes that prevent

the police and Border Force being able to act where it is suspected that human trafficking or forced labour is taking place on board vessels at sea.


The Modern Slavery Bill will ensure that victims receive the protection and support they deserve in the following ways.

By creating a statutory defence for victims of modern slavery so that those who are compelled to commit an offence are not treated as criminals by the criminal justice system. The defence will not apply to a number of serious offences – mostly sexual and violent offences. It is particularly important that victims of modern slavery have the confidence to come forward and give evidence against their enslavers.

Giving the courts new powers to order perpetrators of slavery and trafficking to

pay Reparation Orders to their victims. Where the perpetrator has assets available, the court would have to consider making an order to provide reparation to the victim for the harm that they have suffered and give reasons if it does not.

Extending special measures so that all victims of modern slavery can be

supported through the criminal justice process. This covers screening of witnesses, giving evidence by live link, in private or video recording. Existing legislation on special measures includes some specific provisions for trafficking cases; the Bill will extend these provisions to cover slavery, servitude and forced labour.

Providing statutory guidance on victim identification and victim services. Providing an enabling power for child advocates to support child victims of

trafficking. Creating a statutory duty for public bodies including the police, local authorities

and immigration personnel to notify the National Crime Agency about potential victims of modern slavery.

The Government is working at international level with high-risk source countries to try to stop people becoming victims in the first place. In June 2014 the Home Secretary hosted an event ‘Preventing Sexual Violence in Conflict Initiative’, as part of a Global Summit taking place in London. The event focused on the burdens on modern slavery victims, looking in particular at the difficulties of supporting victims through the criminal justice process.

Over the summer of 2014 trials of new specialist child advocates began across 23 local authority areas. In addition, an awareness campaign highlighted the hidden nature of modern slavery across a number of sectors and let victims know that help is available. The following link provides details about child advocates: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/348377/Factsheet_on_Chi

ld_Trafficking_Advocates__Clause_41_.pdf

In August 2014 the Home Office also launched a modern slavery public awareness campaign, which is providing information about:

the different forms of modern slavery:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/348377/Factsheet_on_Child_Trafficking_Advocates__Clause_41_.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/348377/Factsheet_on_Child_Trafficking_Advocates__Clause_41_.pdf


the signs to spot modern slavery; how to report the crime; and the advice and support services available.

This campaign is promoting the new dedicated modern slavery helpline, which was launched in July 2014, to ensure that victims, employers and members of the public who encounter modern slavery have somewhere to go for expert support and advice.

In 2014 the Home Office undertook a review of the National Referral Mechanism (NRM), to make sure that it is working as effectively and supportively as possible. The review had a broad remit to cover:

the identification of victims; who should be eligible for support through the NRM; the collection, sharing and use of data; the decision making process; the support provided to victims; and the governance of the NRM.

The review was published in November 2014.

Another change in 2014 relating to human trafficking in the UK was that UKVI, as the competent authority, consolidated consideration of National Referral Mechanism referrals into a single hub. This provides for greater consistency and quality of decision making than was the case previously.

5.2 Government activity to tackle human trafficking

The Foreign and Commonwealth Office (FCO) continues to coordinate the delivery of a programme of government activity to tackle human trafficking overseas with the aim of:

raising awareness of both potential victims and would-be perpetrators; supporting the reintegration of victims who wish to return to their home

country; and lobbying on the issue both at home and overseas.

The FCO has worked with a broad range of stakeholders including civil society groups, based both in the UK and overseas, and overseas governments to deliver a range of activities.

These include the following.

Vietnam: The British Embassy in Hanoi, in collaboration with UN Action for Cooperation Against Trafficking in Persons (UNACT) held a ‘Combating


Trafficking in Human Beings’ workshop for the Association of Southeast Asian Nations (ASEAN) Member States in Hanoi, Vietnam. The workshop brought together human trafficking experts from Vietnam, the UK, Cambodia, Thailand, Laos and Myanmar to share national expertise and promote international cooperation in the fight against human trafficking.

China and Vietnam: Building on similar work undertaken in Ghana and Nigeria

in 2013 the National Society for the Prevention of Cruelty to Children’s (NSPCC’s) Child Trafficking Advice Centre, in collaboration with the FCO, delivered awareness-raising training to UKVI staff based in these countries to help them to identify potential victims of trafficking.

Slovakia: The British Embassy in Budapest supported the delivery of training for

social workers who work within Roma communities.

Albania: The FCO supports a project run by the International Organisation for Migration (IOM), aimed at providing support and reintegration assistance to victims of trafficking from Albania wishing to return home from the UK.

The Home Office has been working closely with the Albanian Government during 2014 on a range of issues. One of those is with respect to facilitating the voluntary return of victims of trafficking. The UK Government has contracted IOM to provide a bespoke project (similar to the wider EU CARE project operated by IOM) for Albanian victims of trafficking. This commenced in November 2013 and runs until April 2015. In parallel, the UK and Albanian Governments are working toward a Memorandum of Understanding (MoU), which will provide for a sustainable, long-term route of voluntary return. This will ensure that the option of voluntary return remains credible for those victims who do wish to return to Albania. The MoU will also permit greater data sharing on suspected or convicted traffickers. This will provide a greater intelligence base on which to base disruption or prosecution activities, reducing the threat of trafficking.

International: The FCO, in conjunction with Austria, France, Portugal and Spain,

supports an EU-funded initiative run by the IOM that provides tailored support for victims of trafficking who wish to return home.


6. International protection including asylum

6.1 Cooperation with the European Asylum Support Office

The UK continues to provide a member of staff to the Asylum Support Team in Greece. UK members of staff have also participated in Asylum Support Teams carrying out missions in Bulgaria. A UK expert on the Dublin Regulation has been coordinating the revision of the European Asylum Support Office (EASO) Dublin Regulation training manual to reflect the changes in Dublin III and is also participating in the delivery of Dublin III training sessions.

In addition, the UK hosted an EASO pilot project concerning joint processing of cases of vulnerable applicants.

6.2 Enhancing the external dimension including resettlement

The Gateway Protection Programme is the UK resettlement scheme for refugees identified as highly vulnerable by the United Nations High Commissioner for Refugees (UNHRC), and has been operating annually since 2004. Since 2007 Gateway has been managed by the Home Office with funding from the Home Office and the European Refugee Fund (ERF) III. In 2014, 630 refugees were resettled in the UK through the Gateway Programme (787 refugees resettled in total, including mandate and vulnerable persons relocation schemes).

The nationality profiles of Gateway refugees vary each year. In 2014 Somali (239), Democratic Republic of Congo (198), Iraqi (107) and Ethiopian (79) nationals accounted for 99 per cent of refugees. On arrival in the UK, Gateway refugees are provided with 12 months resettlement support including a caseworker and access to the benefits system. Gateway refugees are granted indefinite leave to remain on arrival and so have the right to take up paid employment in the UK.

The UK also operates the Mandate Resettlement Scheme. The Mandate Scheme allows the UK to resettle refugees who have close ties to the UK. To meet the close ties requirements, the refugee must be a spouse, a child or a parent/grandparent aged over 65 of someone living in the UK (the UK sponsor), and the UK sponsor must be willing to accommodate them. These family members in the UK must have settlement or immigration status leading to settlement in order to be eligible (but do not themselves have to be refugees). The applicant must have been granted Mandate refugee status by the UNHCR and also demonstrate a resettlement need in accordance with the UNHCR Criteria on Resettlement. The case for resettlement must be submitted by the UNHCR. In 2014, 14 refugees from around the world were resettled through the Mandate Scheme.

On 29 January 2014 the UK established the Syrian Vulnerable Persons Relocation (VPR) scheme. The scheme runs in parallel with the UNHCR's Syria Humanitarian Admission


Programme (HAP). The VPR scheme prioritises help for survivors of torture and violence, women and children at risk, and those in need of medical care. The UK works with the UNCHR to identify suitable cases. The scheme is based on need rather than being designed to meet a quota. However, it is expected that the scheme will support several hundred people over a three-year period. The first group arrived in March 2014 and groups have been arriving on a regular basis since then. In total 143 Syrian nationals were supported through the VPR scheme in 2014.

The Gateway Protection Programme has been evaluated as part of the EC funding requirements. The main element of the evaluation is a longitudinal survey of a cohort of Gateway refugees, which is not yet complete. The evaluation focuses on refugees’ self-sufficiency at 6 months, 12 months and 18 months after resettlement. The evaluation will be completed in 2015.

The UK is also supporting the EU Regional Development Protection Programme (RDPP) in Lebanon, Jordan and Iraq. This is a three-year intervention aimed at supporting both Syrian refugees and their host countries, easing tensions and minimising the impact on host communities. The UK has pledged €500,000 to this project, the overall size of which is now €26.2 million, and is a representative on the Steering Committee.

6.3 Common European Asylum System

The Dublin procedure

The recast Dublin III Regulation EU No 604/2013 has been applied in the UK from 1 January 2014.

Dublin rulings

On 19 February the Supreme Court (SC) handed down its ruling in the case of EM (Eritrea) and others, which concerns four individuals who challenged their return to Italy: two of the individuals were to be transferred as asylum seekers under the Dublin Regulation and two had claimed asylum in the UK but had already been recognised as refugees in Italy. The claimants argued that there were ‘systemic deficiencies’ in Italy’s asylum procedure and in the reception conditions of asylum seekers that prevented their removal from the UK. In its ruling the SC did not reach a definitive conclusion on whether or not returns to Italy with regard to the Dublin Regulation or where the individuals have international protection are unlawful: “there is nothing in the judgment that renders returns to Italy unlawful as a matter of course”. However, the SC concluded that the Secretary of State for the Home Department and the lower courts had applied an overly restrictive test to the question of whether the individual applicants would be at risk of ill-treatment on return to Italy under Article 3 of the European Convention of Human Rights (ECHR). As a result of the judgment a revised approach to the consideration of claims seeking to rely on Article 3 of the ECHR was deployed.


On 4 November the European Court of Human Rights handed down its ruling in the case of Tarakhel v. Switzerland (Application 29217/12) concerning a challenge to the Dublin Regulation transfer of a family from Switzerland to Italy. The court noted that the Tarakhel family comprised two adult parents and their six children and, in the case of the children, due to their particular vulnerabilities it followed that if the applicants:

“… were to be returned to Italy without the Swiss authorities having first obtained individual guarantees from the Italian authorities that the applicants would be taken charge of in a manner adapted to the age of the children and that the family would be kept together, there would be a violation of Article 3 of the Convention”.

As a result of the court’s ruling there is no general prohibition against returns to Italy on Article 3 grounds, but returns are subject to certain assurance requirements in respect of certain applicants, so the UK’s Dublin Unit (in common with all other Dublin Units) must now seek individual assurances from Italy as to:

the specific facility in which the applicants would be held; details of the physical reception conditions that would apply; and the preservation of the family unit.

Regarding special procedures there was no change in 2014 from previous years. In addition to using the Dublin Regulation to transfer asylum applicants, the UK uses the concepts described in Article 25(2) of the Asylum Procedures Directive 2005/85/EC to return individuals who have claimed asylum in the UK to other Member States or to safe third countries that have already granted international protection.

7. Unaccompanied minors and other vulnerable groups

7.1 Unaccompanied asylum seeking children

In January 2014 the Department for Education, following a public consultation, published statutory guidance on children missing from home or care. The guidance sets out the steps that local authorities and their partners (e.g. the police, schools) should take to prevent children going missing and to protect them when they do. As part of the guidance, local authorities have a duty to interview children who have been missing within 72 hours of their return, to reduce their likelihood of going missing again. The guidance includes specific reference to unaccompanied children from abroad, who may have been trafficked.

Local authorities should assess the needs of these children as soon as they are identified. The assessment must seek to establish relevant details about the child’s background before they came to the UK and an understanding of the reasons why they came to the country, as well as an analysis of their vulnerability of remaining under the influence of traffickers. The assessment should inform the placement of the local authority commissions to accommodate the child, to maximise the opportunities for offering the child safe, stable care to minimise the chance of their going missing or being re-trafficked.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/307867/Statutory_Guidance_-_Missing_from_care__3_.pdf

8. Migration and development policy

8.1 Migrant remittances

Globally banks have continued withdrawing banking services from international payment sectors where they feel they are exposed to risks of money laundering and financing of terrorism. As a result international remittance payments to developing countries have been adversely affected. On 29 August 2014 Barclays Bank closed the accounts of Dahabshiil, the largest money service business (MSB) in the UK–Somalia remittances corridor, raising concern that it will be increasingly difficult to send money to Somalia from the UK.

The Action Group on Cross Border Remittances was established in December 2013 to steer implementation of the Government’s Action Plan, which was laid in Parliament in October 2013. The Action Group comprises representatives from the Government, regulators, banks, MSBs and civil society and is chaired by Sir Brian Pomeroy. The Action Group provides a platform for essential dialogue between key stakeholders and has three core work streams.

Guidance led by Her Majesty’s Revenue and Customs (HMRC): New guidance for MSBs and banks operating in the remittance sector has been produced by HMRC and the Joint Money Laundering Steering Group (JMLSG), following public consultations. HMRC has developed an online e-learning programme that became available in December 2014 and has doubled the number of supervisory visits to MSBs. Risk led by the National Crime Agency (NCA): The NCA has held a number of meetings with banks and MSBs to discuss risk issues in the MSB sector, with the aim of reaching consensus among all stakeholders about how risk can be appropriately managed. The NCA is considering developing a new range of risk information products while the UK Money Transmitters Association (UKMTA) aims to meet with banks to discuss technical issues. The Safer Corridor Pilot led by the Department for International Development (DFID): Funded by DFID and implemented by the World Bank, the Safer Corridor Pilot will design and test a series of interventions to improve the transparency, auditability and security of UK–Somali remittances. The objective of the pilot is to ensure the continued, secure flow of remittances to Somalia. The design phase of the project was almost complete by the end of 2014, and implementation is planned for early 2015. DFID will continue to work closely with the World Bank and other partners on the Safer Corridor Pilot. The Safer Corridor work complements longer term financial sector development in Somalia, which is led by the World Bank.

8.2 Working with diaspora groups

As part of the Safer Corridor Pilot DFID has developed close ties with the Somali community. DFID officials have worked with UK–Somali community representatives to develop a community engagement strategy. The aim of the strategy was to establish open, ‘community-owned and community-led’ communication channels for the Government and other stakeholders to share information on market developments and for the diaspora to convey their concerns. The engagement strategy, developed in partnership with Somali community representatives, government officials and other stakeholders led to workshops taking place in London (Ealing Central and Acton), Bristol and Sheffield. DFID hosts regular advisory group sessions with representatives of the Somali community to share information.

In addition to the work on remittances, DFID supports diaspora groups through the Common Ground Initiative (CGI). This initiative aims to increase funding to small and diaspora organisations to create real and sustainable change to some of the poorest and most disadvantaged communities in Africa. Now in its second phase, CGI will build on the success of first phase and is estimated to benefit up to 1.5 million women, men and children in Africa by 2019.

9. Irregular migration and returns

9.1 UK Border Force measures

In June 2014 officers from the UK Border Force, the National Crime Agency, and Home Office Immigration Enforcement worked together in a major European operation to tackle human trafficking from West Africa. The aim of the operation was to detect potential victims and gain intelligence on the organised crime groups involved in trafficking for the purpose of sexual exploitation. As part of the operation, Home Office Immigration Enforcement liaison officers in Lagos and Madrid worked with local law enforcement agencies to provide extra intelligence and conduct checks on those travelling to the UK. This operation is part of a wider government commitment to eradicate slavery and to protect victims through legislation and a range of non-legislative work.

New powers were introduced for police offers, immigration officers and designated custom officials to search for and seize invalid travel documents, including cancelled passports. These powers were designed to help to define the statutory powers available at ports to prevent people from travelling to or from the UK on invalid documentation. They provide an express statutory power to enforce the cancellation of a passport.

A new restraint system for safely managing people being escorted during immigration removals has been approved. This fulfils a commitment to provide training for escort staff that reflects the environment they work in, both in-country and overseas. The bespoke training is tailored to the experience and behaviour of detainees and staff in immigration removals and provides practical tools to de-escalate situations and minimise the use of restraint. The new training for overseas and in-country escort staff commenced on 28 July 2014.

9.2 Combating abuse of legal migration channels

After the granting of visa liberalisation to the Western Balkans, a mechanism was introduced in early 2011 to monitor the implementation of visa waiver in those countries. The UK contributes data to the monitoring mechanism, managed by Frontex, in order to ensure that irregular migration flows are accurately reflected. The UK also

maintains its own statistics on asylum applications and irregular migration.

The UK recognises the benefits that can come from visa liberalisation or facilitation with third countries, not least as a driver for broader Justice and Home Affairs (JHA) reforms. However, it is clear that the negative consequences cannot be ignored. The situation following visa liberalisation for the Western Balkans has made this abundantly clear, with the impacts felt by many Member States, including the UK.

9.3 Misuse of family migration

Part 4 of the Immigration Act 2014 introduces important new measures to tackle sham marriages entered into in an attempt to gain an immigration advantage. All marriages following civil preliminaries and civil partnerships in England and Wales will be subject to a minimum notice period of 28 days. Any non-European Economic Area (EEA) national wishing to marry in the Anglican Church will be required to complete civil preliminaries and give notice at a register office before their marriage. Where sham is suspected, the notice period will be extended to 70 days to investigate and take appropriate enforcement action. A couple will be unable to get married or enter into a civil partnership if they do not comply with an investigation under the scheme. Further information can be obtained from the following link: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/256257/Sham_Marri

age_and_Civil_Partnerships.pdf

In 2013 there were 2,135 incidences of suspected sham marriages and civil partnerships, according to reports from civil registrars. The UK estimates that around 4,000 applications a year to stay in the UK are based on a sham marriage. Tackling sham marriage is a UK Government priority and tough action is being taken on individuals who try to cheat the immigration system through abusing marriage laws. In 2014–15 the UK carried out 1,508 interventions in sham marriages using enforcement and crime team staff, resulting in 903 arrests and 275 removals.

The UK Government is also tackling the organised criminality behind sham marriage. In 2013 crime teams conducted 88 investigations into gangs facilitating sham marriage, resulting in 250 arrests, 656 convictions, and 70 years of custodial sentences. The UK has introduced new removal powers for EEA nationals who participate in sham marriages. If a non-EEA national tries to organise or take part in a sham marriage, the UK can curtail any work or student leave to remain that they already hold. These individuals can also be detained immediately while the UK works to enforce their removal.

In July 2014 new powers were introduced to stop criminals using family life arguments

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/256257/Sham_Marriage_and_Civil_Partnerships.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/256257/Sham_Marriage_and_Civil_Partnerships.pdf

to prevent deportation. These powers consist of a series of statements setting out Parliament’s view of the public interest in immigration and deportation cases, and require the courts to have regard to them when deciding an appeal. Also in July a new power was introduced allowing the Secretary of State for the Home Department to certify a human rights claim so that any appeal can only be pursued from outside the UK where there is not a real risk of serious irreversible harm in doing so. This power has already enabled the Home Office to deport over 100 foreign criminals since July pending any appeal; these would otherwise have remained in the UK either in detention or in the community on bail. Since 20 October 2014 foreign criminals no longer have the right to appeal against a decision that their deportation is conducive to the public good, only against a decision to refuse a protection or human rights claim, revoke protection status or on grounds brought pursuant to the EEA Regulations 2006.

9.4 Misuse of student migration

From November 2014 tougher rules have been imposed on universities and colleges that sponsor international students to study in the UK, to ensure that they work with the Home Office to prevent abuse. Until November educational institutions retained their Tier 4 Highly Trusted Sponsor licence even if the Home Office rejected as many as 20 per cent of their prospective students’ visa applications. From 1 November, this has been reduced to 10 per cent. If more than 10 per cent of applications are rejected, educational establishments will lose their right to sponsor students from overseas. The change will ensure that institutions that benefit from sponsoring international students are playing their part in maintaining immigration control.

The ‘Entrepreneur’ visa route is intended to allow migrants to set up businesses in the UK in order to create jobs and growth. However evidence from tax records show that people on expiring student visas are transferring to entrepreneur status under the pretence of setting up a business when they are actually working in low-skilled jobs. Changes mean that students are now only able to switch using funds from a government-approved source and post-study workers will need additional evidence of their business activities. In addition, those who have not yet started businesses and who do not have evidence of a genuine business will not be able to switch from the old post-study route onto an entrepreneur visa.

In October 2014 the appeal system for students was reformed. Instead of a right of appeal against refusal of leave to remain, applicants can request an administrative review to correct any casework errors. For non-compliant students the new appeals reforms, combined with the new single power of removal, will make removal quicker and more straightforward.

9.5 Irregular migration caused by use of false travel documents

There are new powers for police officers, immigration officers and designated custom officials to search for and seize invalid travel documents, including cancelled passports. These powers will help to define the statutory powers available at ports to prevent people from travelling to or from the UK on invalid documentation. It also provides an express statutory power to enforce the cancellation of a passport.

9.6 The fight against smuggling

The UK Border Force has a number of operations to combat the increasing clandestine and irregular migration activity. This activity is coordinated within the Border Force and involves joint working with UK law enforcement and immigration agencies.

The UK Border Force also works in close partnership with other European law enforcement agencies such as the French Police Aux Frontières (PAF) and the Belgian Federal Police (FedPol). Liaison with the German and Dutch authorities has taken place with a view to expanding the operational reach, and discussions with the Spanish authorities are also planned.

An example of a partnership in practice is the joint initiative between the UK and French Governments to enhance security at the French port of Calais. An additional £12 million UK investment in Calais security measures has been pledged and the installation of the first stage of the fencing at Calais commenced on 22 October 2014. Additional work at Calais involves the improvement of clandestine screening technology to mitigate further the risks from clandestine concealments.

Representatives from the Home Office and the UK Border Force are also working closely with representatives from the road haulage industry from the UK and France (including the Road Haulage Association) to address the issues around the clandestine challenge.

Activities to monitor smuggling

Calculating the true scale of the threat posed to the UK border by clandestine entrants can be problematic, due to the lack of availability of accurate information.

Establishing an identity and/or nationality can sometimes be problematic if no

documentation is held by an individual and if there is a lack of biometrics on record across Member States. Statistics relating to irregular migrants encountered at the UK border will therefore include recidivists. Any statistics that are currently (2014) collated only reflect those individuals who come to the attention of law enforcement agencies and are assessed as attempting to or having successfully entered the UK illegally. Any statistics can therefore only be an estimation of the scale of activity.

Nationality swapping is also a well-documented phenomenon, both at the EU external borders and at the UK border (linking to the issues in establishing an identity). Therefore, any statistics are only an estimation of claimed nationalities. Claimed nationalities are influenced by any changes in policy that may affect perceived treatment of migrants across Member States, e.g. changes to acceptance criteria for asylum claims.

The UK Border Force is actively seeking to increase intelligence flows with the current operations it has in place.

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