Complexities of the Immigration System and Entitlement
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What practitioners and migrant families told us
How we identified this theme - the findings of the 'Everyday Bordering in the UK' project
Members of migrant families spoke at length about immigration legislation in the UK being complex to understand and that it frequently changes. They were very aware of their 'migration status' determining what they are legally entitled to do, including the support services they can access.
Family members explained that they were also expected to prove their migration status when accessing some services and that, whilst many were resigned to this, there were occasions where they felt that they were treated differently to others because of their migration status. For some, the complexities of the immigration system also led to confusion and/or traumatic experiences when coming into contact with people that were required to check their migration status.
Practitioners told us that navigating and understanding the complexities of the immigration system, and a person’s legal entitlements, dominated much of their work with families that have migration backgrounds. However, they also reported that the specialist knowledge required to understand the nature of the British legal system made it difficult to access training and/or keep up to date with legislative changes. They were also mindful that this was not their area of expertise, or the key function of their role, but that they did not always know where to go to find reliable advice and/or information.
For this reason, we have worked with the two experts below to provide basic definitions of specific terms, and key issues relating to entitlement and migration status:
Shupi Chiwanza is a Senior Solicitor working at HKC Refugee Rights Hub based at Sheffield Hallam University.
Nchimunya Ng’andu gained his LLB Degree with honours at University of Hull in 2020. He is currently pursuing an LLM in International Law (Conflict, Security and Human Rights) and he is passionate about Human Rights and the protection of migrants. For six months he was an intern at the British Red Cross - Hull, which motivated his work in, and his commitment to, Refugee protection.
This short film was created from footage made by members of migrant families during 'Every Bordering in the UK' art workshops.
The video shows some of the stories that people have migrated to the UK shared with us with the aim of showing the reasons that people leave their countries and come to the UK.
You will see that people also talk about their expereince of applying for documentation to enable them to be in the UK 'legally'. The video gives insight into how these experiences differ, dependant on a person's county of origin and reason for coming to the UK.
How to use the resources provided on this page
The resources on this page are different to those provided in other themes on the website. They have been developed to give you, or your team, an opportunity to:
Reflect on the challenges identified by practitioners and migrant families relating to the complexities of the immigration system and entitlement when working with people with migrant backgrounds.
Think about if and why the challenges identified are relevant to your profession and the community in which you work.
Consider the information provided, and the strategies and tools you have available to navigate these difficulties.
Apply the knowledge and skills that you already have, and anything new you have learnt, to the case studies provided.
In addition to this, the resources are also intended as a reference resource, to provide you with some useful definitions of legal terms and to signpost you to specialist resources and services that can provide support and information. Please be mindful that some of these are necessarily written in specialist legal terms and although we have aimed to minimise this, there are occasions where this has been unavoidable.
How to use the resources
As with other themes, the information and case studies can be used by an individual, or to facilitate a group exercise for a team of practitioners. To get the most out of using the information and case studies on this page, we suggest that you (or members of your team) follow the four steps set out below. Remember that reflections and experiences can be shared with other practitioners by accessing the online community for this theme:
Stage 1: What practitioners and migrant families told us
Read ‘what practitioners and families have told us’ and watch the film, ‘Everyday Borders'. Whilst we recommend watching the whole film, for this exercise, you can watch a 5 minute segment between 29.40 - 34.45 minutes on the video.
Consider if and how the issues identified relate to your work with migrant communities and if there are any additional, but similar challenges that you experience in your particular profession or community.
Reflect on the ways in which the issues identified impact on your work, and the everyday lives of the people that you support.
You can write your thoughts down, discuss them in you your team, or start a conversation on the online community.
Stage 2: Legal categories of migrants and case studies
Read the ‘legal categories of migrants and case studies’ listed below. For each legal category, our experts have provided a broad legal definition of this 'type' of migrant. There are links within each legal category to case studies that will help you to explore some of the issues that people with that particular migration status can experience.
Write down anything new that you have learnt that might be useful to your future practice.
Stage 3: The case studies
Choose one of the legal categories to explore in more detail. Carefully read through the related case study and make notes on your immediate response to the case and any initial thoughts that you have.
Reflect on what you have learnt, discuss the responses in your team, or start a conversation in the online community.
Return to the other categories and case studies at a later time for further reflective learning and/or when you are working with a person that has this particular migration status.
Stage 4: Applying your reflections
During the following four weeks, spend five minutes each week reflecting on if and how your learning from completing the above stages has been helpful in your work with migrant communities. You can do this during any daily activity.
After four week, revisit your learning in more detail. Set a time in your diary to revisit your learning. This only needs to be 15 minutes or, if you are working as a group, an agenda item in a team meeting. Again, you can also discuss this with the online community.
Migrant
Linked case study: The Nowak family or the Patel family are migrant families.
A 'migrant' is an individual that has moved from one state (usually a country) to another mainly on the grounds of finding work or a better standard of living. 'Migrants' therefore move mainly for economic reasons.
People described as 'economic migrants' can have different legal migration statuses and different entitlements - see also 'EEA and EU' and 'Work Visa and Family Visa' below.
European Economic Area (EEA) or European Union (EU)
Linked case studies: The Nowak family are migrants that are EU citizens.
Citizens of the following countries that are in the UK are EU migrants: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
Citizens of the following countries that are in the UK are EEA migrants: Iceland, Liechtenstein and Norway
People from the EU and EEA that lived and worked in the UK before 1st January 2021 should have applied for settled and pre-settled status. Those that did not work in the UK before this date may need to apply for a Work Visa.
Follow this link for more information about Status and Entitlements
Work Visa and Family Visa
Linked case study: Sai from the Patel family moved to the UK with a work visa and Prisha joined him with a family visa.
In immigration terms, a work visa is issued to a person for the express purposes of work, for example, as a skilled worker or a seasonal worker. There are, however, different types of work visas.
A person can apply for a family visa to be reunified with a family member, and they need to do so if they plan to live with a family member in the UK for more than 6 months. The family member must be their: spouse or partner; fiancé, fiancée or proposed civil partner; child; parent; or a relative who’ll provide long-term care for them.
Follow this link for information about Status, Entitlements and Support.
Person seeking asylum
Linked case studies: The Kumbala family is seeking asylum.
Everyone has the right to claim asylum in another country, based on the right set-out in the 1951 UN Convention. If a person or group have feld a state (usually a country) because of the fear of persecution on the grounds of race, religion, nationality, or political opinion, or because they are a member of a particular social group, they are entitled to ask for asylum.
Claiming asylum in the UK is a long process. A person seeking asylum is someone who has applied for asylum and is waiting for a decision as to whether or not they are to be granted refugee status (see below). In other words, in the UK an asylum seeker is someone who has asked the Government for refugee status and is waiting to hear the outcome of their application. At this stage, people who are seeking asylum receive a document from the UK government to certify that they are an 'asylum seeker'.
Follow these links for more information about status and entitlement, related to work, education and access to support (housing, financial support, maternity payments, healthcare).
Refugee
Linked case studies: The Numbi family are refugees.
A refugee is an individual, or a group of people, who have fled a state (usually a country) because of the fear of persecution on the grounds of race, religion, nationality, or political opinion, or because they are a member of a particular social group. This then means that the person of group are entitled to ask for asylum.
'Refugee' is a status awarded to someone that has asked for asylum and if the Home Office then decides that they meet the definition of a refugee as described in the 1951 UN Convention. A person with refugee status is given Leave to Remain, this means with the same benefits and rights as other UK Citizens, for 5 years. They are then given a Biometric Resident Permit (BRP) and are then entitled to apply for Benefits. Towards the end of the five-year period an active review may be undertaken of the person’s case.
Follow these links for more information about status and entitlement, the transition from being a person seeking asylum to a refugee, and how to claim claiming benefits
Undocumented Migrant
Linked case studies: Before making an asylum claim, The Kumbala family were 'undocumented' migrants.
Undocumented migrants are people that are residing in any given country without the legal documentation reguired to do so. People can be undocumented for a number of reasons.
In the UK media and politics, undocumentd migrant are sometimes referred to as 'illegal migrants'. This term should be avoided because, as stated by he UNHCR (the United Nations United Commissioner for Refugees), 'no human being is illegal'.
Follow these links porvided by the Citizens Advice Bureau that outline; options if a migrant is undocumented; options if a child is staying in the UK without documents; and information about what will happen if a person is to be deported from the UK
International Students
Linked case studies: Non of the case studies provided refer to international students.
Non-EEA or EU citizen that are travelling to the UK primarily or solely for the purpose of study are international students. People can apply to Student Visa to study in the UK if they are 16 or over and if they:
have been offered a place on a course by a licensed student sponsor
have enough money to support themselves and pay for their course
can speak, read, write and understand English to required levels
have consent from your parents if you’re 16 or 17 - you’ll need evidence of this when you apply.
International students cannot usually claim welfare state benefits, although there are some exceptions.
Follow this link for more information about status and entitlement.
Additional resources and links
Please note that this is not an exhaustive list and there will most likely be local contacts in your own area or region. Local contacts for Sheffield and Hull are provided in the relevant online communities.
Organisations that can offer legal support and information to migrants, people seeking asylum and refugees
The Law Society: The Law Society's, 'Find a Solicitor' is a free service for anyone looking for information about organisations or people providing legal services in England and Wales (that are regulated by the Solicitors Regulation Authority (SRA)). This includes solicitors specialising in migration.
Telephone contact: 020 7242 1222
Advocate: Advocate is a charity that finds free legal assistance from volunteer barristers.
Email contact: enquiries@weareadvocate.org.uk
The Citizens Advice Bureau (CAB): CAB provide information to all migrants about their status, access to support and welfare state benefits, applying for a visa or settled and pre-settled status. Telephone contact: 03444 111 444
Refugee Council: The Refugee Council is a leading charity working with and providing support to refugees and people seeking asylum in the UK. They provide support and advice for refugees and people seeking asylum.
Email contact: info@refugeecouncil.org.uk
British Red Cross: The British Red Cross is an charity providing support to refugees, people seeking asylum and vulnerable migrants.
Migrant Help: Migrant Help is a leading charity that delivers a range of support and advice services to asylum seekers and victims of trafficking across the UK.
Women's Aid: Women's Aid is a federation of ogranisation providing advice and support to survivors of domestic abuse. This page provides information for people that are both survivors and have a migratory background.
A Right to Remain Toolkit - Right to Remain are a charity that provide accessible resources and community training. Here they provide a toolkit of resources to help pople can navigate the UK immigration and asylum system.
Description of key legal terms: a glossary
Here you will find a glossary of legal terms that our experts feel that people with a migratory background may need to understand. Alongside each description is a link to further information and/or sources of support.
Age Assessment (AA): Unaccompanied or trafficked children sometimes undergo an age assessment to confirm their eligibility to be recognised as a child in immigration and internaltional law. According to statutory guidance, age assessments should only be carried out where there is significant reason to doubt that the claimant is a child. Age assessments should not be a routine part of a local authority’s assessment of unaccompanied or trafficked children. See further description of this role in the ADCS Age Assessment Guidance and Coram Children Legal Centre Fact Sheet
Appellant: A person who is appealing against a Home Office decision to refuse their case for asylum
Asylum Screening Unit (ASU): The Home Office department that holds preliminary interviews with in-country asylum seekers (people already in the UK) to establish a person’s identity, prior to conducting a full interview to ascertain the details of the case. This is now often called the Asylum Intake Unit.
https://www.gov.uk/asylum-intake-unit
BRP: Biometric Residence Permit: This is a bank card sized identification and residence permit that details an applicant’s personal information. It is issued to anyone who is granted any form of residence over a 6-month period, to refugees, and those granted Humanitarian Protection or Discretionary Leave for a period of over 6 months.
https://www.gov.uk/biometric-residence-permits
BRC: British Red Cross: provides family tracing (searches for family members of unaccompanied minors) and participation activities for children and young people.
https://www.redcross.org.uk/get-help/find-missing-family
CG decision: Conclusive Grounds Decision – the final decision in the the National Referral Mechanism (NRM) which is the process of identifying and referring potential victims of modern slavery.
https://athub.org.uk/knowledge-base/nrm/
Certified Claim: Some refused asylum claims are “certified” by the Home Office, meaning that the person has only limited appeal rights. The conditions for certification are that the application seems to the Home Office to be ‘clearly unfounded’ or that a person has come from a country which is listed as safe.
CTD: Convention Travel Document or the “blue document”. People with refugee status are granted this document and it is required for them to travel overseas. Holders of a CTD cannot travel to the country from which they sought asylum.
https://www.gov.uk/apply-home-office-travel-document
CPIN: The Country Policy and Information Report is used to assess the risk to a person claiming iof they were to return to particular individual countries. The Government produces these reports and publishes them.
https://www.gov.uk/government/collections/country-policy-and-information-notes
Foreign national: A person who is not a legal (naturalized) citizen of the country in which they are living.
https://www.legislation.gov.uk/ukpga/1971/77/section/1
HO: The Home Office.
https://www.gov.uk/government/organisations/home-office
IAC: Immigration and Asylum Chamber of the Tribunal Service where appeals against some decisions made by the Home Office are heard.
https://www.gov.uk/courts-tribunals/first-tier-tribunal-immigration-and-asylum
Immigration bail: An 'immigration bail' application can be made to an immigration judge, by a person requesting to be released from being held at a detention centre
Migrant/ Migrant worker: A person who moves from one place to another, especially in order to find work or better living conditions.
https://migrationobservatory.ox.ac.uk/resources/briefings/work-visas-and-migrant-workers-in-the-uk/
Naturalisation: A process of applying to become a British citizen after legal residency in the UK.
Office of the Immigration Services Commissioner (OISC): The regulatory body for immigration advisers. To give any advice at all on immigration and asylum matters someone MUST to be OISC or SRA (Solicitors Regulation Authority) regulated or would otherwise be breaking the law.
Overstayer: A person who has remained in the UK for longer than they have permission e.g. whose visa has expired.
Refugee: In legal terms, this is person who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country”. This definition is quoted from the 1951 UN Convention on Refugees. In more general use the term also means anyone who has fled their home because of danger.
https://www.unhcr.org/4ca34be29.pdf
Refugee Status: The legal status awarded to someone if the Home Office decides that they meet the definition of a refugee as described in the 1951 UN Convention (see above). A person with refugee status is given Leave to Remain for 5 years. Towards the end of the five-year period an active review may be undertaken of the person’s case.
https://www.gov.uk/claim-asylum/decision
RFRL: Reasons for Refusal letter in an asylum claim.
Settlement: When a person is granted Indefinite Leave to Remain (ILR), this is sometimes also described as “settlement”. The term is also used to mean the process by which refugees become full and equal members of society, accessing mainstream services without disadvantage.
https://www.gov.uk/indefinite-leave-to-remain
UKVI: United Kingdom Visas and Immigration: the department of the Home Office that deals with all immigration issues.
https://www.gov.uk/government/organisations/uk-visas-and-immigration
UNHCR: United Nations High Commissioner for Refugees.
VoT: Victim of Trafficking.
https://www.gov.uk/government/publications/modern-slavery-how-to-identify-and-support-victims