Secure Borders, Safe Haven Integration with Diversity in Modern Britain

February 2002

Pages 1--138 from Untitled

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Secure Borders, Safe Haven Integration with Diversity in Modern Britain
CM 5387 1
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Secure Borders, Safe Haven:
Integration with Diversity
in Modern Britain

Presented to Parliament
by the Secretary of State for the Home Department
by Command of Her Majesty
February 2002

CM 5387 £17.75 2
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© Crown Copyright 2001
The text in this document may be reproduced free of charge in any format or media
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Foreword by the Home Secretary,
the Rt Hon David Blunkett MP

There is nothing more controversial, and yet more natural, than men and women from across the
world seeking a better life for themselves and their families. Ease of communication and of
transportation have transformed the time it takes to move across the globe. This ease of movement
has broken down traditional boundaries. Yet the historic causes of homelessness, hunger or fear Ð
conflict, war and persecution Ð have not disappeared. That is why economic migration and the
seeking of asylum are as prevalent today as they have been at times of historic trauma.

But the tensions, as well as the enrichment, which flow from the inward migration of those arriving
on our often wet and windy shores, must be understood, debated, and addressed. Migration is an
inevitable reality of the modern world and it brings significant benefits. But to ensure that we sustain
the positive contribution of migration to our social well-being and economic prosperity, we need to
manage it properly and build firmer foundations on which integration with diversity can be achieved.

Confidence, security and trust make all the difference in enabling a safe haven to be offered to those
coming to the UK. To enable integration to take place, and to value the diversity it brings, we need to
be secure within our sense of belonging and identity and therefore to be able to reach out and to
embrace those who come to the UK. Those who wish to work and to contribute to the UK, as well as
those who seek to escape from persecution, will then receive the welcome they deserve.

Having a clear, workable and robust nationality and asylum system is the pre-requisite to building the
security and trust that is needed. Without it, we cannot defeat those who would seek to stir up hate,
intolerance and prejudice. The Government, and those agencies and organisations delivering nationality,
immigration and asylum services, need to demonstrate that they know what they are doing, and that
they are doing it well.

Only in this way will we be able to expose the nonsense of the claim that people coming through the
Channel Tunnel, or crossing in container lorries, constitutes an invasion when it patently demonstrates
how difficult people are finding it to reach this country. 4
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Nevertheless, the fact that they are so desperate to do so raises a number of critical issues. One of
these is clearly the perception that Britain is a stable and attractive place in which to settle. This view
arises not simply because of our buoyant and successful economy, and the employment opportunities
it has brought, but also because the universality of the English language and global communication
flows mean that millions of people hear about the UK and often aspire to come here.

We should be proud that this view of the UK is held around the world. But that is quite different from
the perception amongst some that we are out of line with other European nations in the way in which
we deal with illegal immigration and asylum seekers.

This mistaken perception may arise in part because of the differences between the UK and the rest
of Europe in respect of internal identification procedures. That is why a debate around the issue of
entitlement cards is so important and why the Government wishes to present a full consultation paper,
including the whole issue of identity fraud, for widespread debate in the late spring or early summer.

At the same time, we need to send out a signal around the world that we are neither open to abuse
nor a 'Fortress Britain'. Our system combines rational and controlled routes for economic migration
with fair, but robust, procedures for dealing with those who claim asylum.

It is possible to square the circle. It is a 'two-way street' requiring commitment and action from the
host community, asylum seekers and long-term migrants alike. We have fundamental moral obligations
which we will always honour. We must uphold basic human rights, tackling the racism and prejudice
which people still face too often. At the same time, those coming into our country have duties that
they need to understand and which facilitate their acceptance and integration.

In addition, we expect something more than the international 'free for all', the so called 'asylum
shopping' throughout Europe, and the 'it is not our problem' attitude which is too often displayed. We
therefore expect Europe and the developed nations across the world to respond through cooperation
and reciprocation in a way that makes it possible for a nation like Britain to accept its responsibilities
gladly, and to be able to manage them effectively.

In setting out a policy on citizenship, immigration and asylum it is this recognition of global movement,
mass communication and the changing international situation that has to inform our thinking if we
are determined to develop the type of society we all want to be part of. It means ensuring we understand
and apply our obligations under international law and that we have the systems in place to operate a
modern, flexible and coherent immigration policy. This means welcoming those who have a
contribution to make to our country, offering refuge to those who have a well-founded fear of persecution
and engaging those who seek citizenship so they can enjoy the full benefits of this status and understand
the obligations that go with it.

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We will need to be tough in tackling, Europe-wide, the people traffickers who use the misery of others
for their own gain. It requires us to tackle illegal working, ending exploitation in the shadow economy
and dealing with gangmasters and corrupt businesses who evade taxes and undercut fairness and
decency for the rest of society. We need radical changes to our asylum system to ensure its effectiveness,
fairness and integrity.

This White Paper sets out how we propose to develop these principles to produce a policy that looks
forward and is capable of meeting the needs of the country and the individuals who come here. A
policy that recognises the need to change and develop. A nationality, immigration and asylum policy
that secures the sustainable growth and social inclusion that are an essential part of our core
principles and the delivery targets of my Department.

Decisions on the implementation and level of resources for the proposals in this White Paper will, of course,
be taken in the forthcoming Spending Review alongside decisions on the Government's other priorities.

F O R E W O R D 6
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Contents
EXECUTIVE SUMMARY 9
CONSULTATION 21
CHAPTER 1: Introduction and Overview 22
CHAPTER 2: Citizenship and Nationality 29
CHAPTER 3: Working in the UK 37
CHAPTER 4: Asylum 48
CHAPTER 5: Tackling Fraud People Trafficking, Illegal Entry and Illegal Working 75
CHAPTER 6: Border Controls 91
CHAPTER 7: Marriage/ Family Visits and War Criminals 99
CHAPTER 8 : Conclusion 106 8
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Annex A: Summary of naturalisation requirements and provisions in other countries 109
Annex B: Proposed citizenship pledge for people becoming British citizens 111
Annex C1: Recruitment difficulties hard-to-fill vacancies by sector 112
Annex C2: International entry routes for high-skilled migrants 113
Annex D1-D7: Guides to the economic routes of entry 115
Annex E: Refugee resettlement programme 129
Annex F: Country assessments 132
Annex G: Supporting information and research requirements 133 9
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Executive summary
1 This White Paper sets out the key challenges we face in developing our nationality, immigration and
asylum policy and sets out in detail the measures we are taking to produce a coherent strategy.

2 Migration is a consistent feature of human history. But in recent years, the changes associated
with globalisation have led to greater complexity in patterns of migration, and new domestic
and international challenges for government and communities to address. These challenges
are cultural, economic and social.

3 Migration brings huge benefits: increased skills, enhanced levels of economic activity, cultural
diversity and global links. But it can also raise tensions unless properly understood and well
managed. Countries offering refuge to those fleeing persecution and war, as well as accepting
economic migration to meet their core economic and skills needs, need to be confident in
their identity and sense of belonging, and trust their immigration and asylum systems to work
fairly and effectively. Strong civic and community foundations are necessary if people are to
have the confidence to welcome asylum seekers and migrants. They must trust the systems
their governments operate and believe they are fair and not abused. They must have a sense
of their own community or civic identity Ð a sense of shared understanding which can both
animate and give moral content to the benefits and duties of the citizenship to which new
entrants aspire. Only then can integration with diversity be achieved.

Citizenship & Nationality
4 The first challenge migration poses is to our concepts of national identity and citizenship.
Migration has increased the diversity of advanced democracies, leading to changes in
national culture and identity. Many of us already have overlapping identities based on our
cultural and ethnic backgrounds. More than half of the countries of the world now accept
dual citizenship. At the same time, globalisation of communication media and information
technology has opened up national cultures to diverse influences, and provided channels of
mutual interaction between different parts of the world that literally know no boundaries.

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Social changes such as the decline of old certainties of class or place, and the emergence
of new political institutions alongside the nation state, have also contributed to these changes
in identity and political belonging.

5 All major democracies have had to face up to these changes in different ways in recent
decades. In important respects, the UK has responded successfully to diversity. Unlike many
other countries, British nationality has never been associated with membership of a particular
ethnic group. For centuries we have been a multi-ethnic nation. We do not exclude people
from citizenship on the basis of their race or ethnicity. Similarly, our society is based on
cultural difference, rather than assimilation to a prevailing monoculture. This diversity is a
source of pride, and it helps to explain our cultural vitality, the strength of our economy and
our strong international links.

6 But, in other areas, we have failed. The reports into last summer's disturbances in Bradford,
Oldham and Burnley painted a vivid picture of fractured and divided communities, lacking a
sense of common values or shared civic identity to unite around. The reports signalled the
need for us to foster and renew the social fabric of our communities, and rebuild a sense of
common citizenship, which embraces the different and diverse experiences of today's Britain.

7 In this context, citizenship is not just for those entering the country Ð it is for all British
citizens. Citizenship is now taught in schools as a fundamental part of the national curriculum.
But we need to engage people of all ages and walks of life. The Government will initiate an
open and constructive debate about citizenship, civic identity and shared values. It is only
through having such a debate that we will have the basis for bringing together people of
different races, cultures and religions in a cohesive society. This dialogue will form a central
part of our drive for civil renewal in all our communities. Community cohesion and commonality
of citizenship is weak. Too many of our citizens are excluded from meaningful participation
in society. This is true of those in white working class communities whose alienation from
the political process, along with their physical living conditions and standards of living, leaves
them feeling excluded from the increased wealth and improved quality of life which they see
around them. In the same way, those who have entered this country and joined friends, family
or ethnic groupings may find themselves experiencing relative economic disadvantage and
sometimes overt racism.

8 In this White Paper, the Government sets out our key objectives for the development of
citizenship and nationality policy. To ensure social integration and cohesion in the UK, we
need to develop a stronger understanding of what citizenship really means. Historically, the UK
has had a relatively weak sense of what active citizenship should entail. Our values of individual

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freedom, the protection of liberty and respect for difference, have not been accompanied by
a strong, shared understanding of the civic realm. The acquisition of British nationality is a
bureaucratic exercise, with almost no effort made to engage new members of the community
with the fundamentals of our democracy and society.

9 In an increasingly diverse world, it is vital that we strengthen both our sense of community
belonging and the civic and political dimensions of British citizenship. In particular, we intend
to offer language teaching and light touch education for citizenship for those making a home
in the UK Ð with a view to a simple examination for citizenship applicants similar to that which
exists in many other countries. This will strengthen the ability of new citizens to participate
in society and to engage actively in our democracy. This will help people understand both
their rights and their obligations as citizens of the UK, and strengthen the bonds of mutual
understanding between people of diverse cultural backgrounds. It will also help to promote
individuals' economic and social integration. We have no wish to see applicants fail the
requirements. We want to see them meet the requirements and become British citizens.
If they do fail, they can apply again whenever they wish.

10 Chapter 2 sets out how we will promote the importance of British naturalisation by:
° Speeding up the process of obtaining citizenship.
° Preparing people for citizenship by promoting language training and education for citizenship.
° Celebrating the acquisition of citizenship by introducing citizenship ceremonies.
° Updating our deprivation of citizenship procedures.
° Reforming our nationality legislation.

Working in the UK
11 The second challenge is economic: what does the UK need to do to ensure that it has the
people it needs to prosper in the world economy? And how can we open up opportunities
that allow people who want to work here, and can contribute to our society, to do so without
attempting to enter using illegal routes? Alongside increasing flows of people, developed
economies are becoming more knowledge-based and more dependent on people with skills
and ideas. Migrants bring new experiences and talents that can widen and enrich the
knowledge base of the economy. Human skills and ambitions have become the building
blocks of successful economies and the self-selection of migrants means they are likely to
bring valuable ideas, entrepreneurship, ambition and energy.

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12 We have taken steps to ensure that people with the skills and talents we need are able to
come into the UK on a sensible and managed basis. Following the review conducted in 2000,
we have made significant improvements to the work permit system, both in terms of policy
and the way the service is delivered. For example, we have simplified the eligibility criteria,
introduced the facility to submit applications electronically and achieved substantial reductions
in turnaround times. Until January 2001, 70% of complete applications were decided within
one week of receipt. Now the standard is 90% of complete applications decided within one
day of receipt. The service is highly regarded by employers who use it. In September 2000
we also introduced a new way for people to enter through the Innovator Scheme which
allows entrepreneurs with business plans that can generate significant benefits for the UK to
enter and set up businesses. We estimate that each individual entering through this Scheme
will create an additional 10 jobs for UK workers.

13 This is not an alternative to developing the skills base and productivity of those already
resident. Our priority will remain investment in the skills and abilities of the existing population.
But migration, carefully managed to meet particular needs within a particular sector or at a
particular skill level, can help to support these policies as we engage the entrepreneurship,
drive and enterprise of those who have sought to make the UK their home. It is, however, in
those communities least likely to have benefited from added value economic activity and
entrepreneurship where the biggest challenge lies. For even at a time of high levels of economic
activity and buoyant employment, the low skill or no skill groupings are likely to be most
fearful of the low skill, no skill entrant into the local economy. But research suggests that
migrants do not compete for jobs with existing workers. The idea that there are only a fixed
number of jobs in the economy has been discredited. Migrants can also expand sectors,
create new businesses and jobs, thereby increasing production and employment opportunities
for existing workers. Migration can also bring benefits for source developing countries, in
particular through remittance flows and returning migrants applying enhanced skills and
knowledge. The Home Office will work closely with other Departments, particularly the Department
for Work and Pensions, the Department for Education and Skills and the Department for
International Development, to ensure that our migration policies complement other policies
for the labour market, integration and international development.

14 Chapter 3 sets out how we are enhancing the current routes of entry and tightening
procedures through:

° The introduction of a Highly Skilled Migrant Programme to enable the most talented
migrants to work in the UK.
° Changing the Immigration Rules to let certain postgraduate students switch into employment.

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° Meeting the demand for short-term casual labour building on the principles of the
Seasonal Agricultural Workers' Scheme.
° Publishing a consultation document about the Working Holidaymaker Scheme to take
views on ensuring the scheme is as inclusive as possible.
° Ensuring Ministers of religion are suitably qualified to fulfil their role for the benefit of
the community.
° Regulation of those who provide advice and services regarding work permit applications.

Asylum Policy: Ensuring End-to-End Credibility
15 Disentangling the many motives Ð from seeking better economic prospects to seeking
protection Ð which people have for coming to the UK is not always easy. But we need to do
more to ensure that clear, managed routes into the UK exist so that people do not use
inappropriate routes to effect their entry. In particular, we must ensure that the asylum
system is returned to what it was always intended to be Ð a system for those who are in
need of protection and for whom protection cannot be delivered through alternative means.
The measures set out in this White Paper will help to achieve this. More legitimate routes
are being created for those with work-related motives to apply for entry to the UK; and as
we provide gateways through a resettlement programme, we will be reducing the justification
for those with protection needs to travel long distances before seeking protection. Over half of
people who apply for asylum are currently found not to be in need of any form of international
protection. It is this misuse of the asylum procedures that creates so many of the difficulties
and costs in operating an effective system. By increasing the legal routes for entering the
UK there will be fewer reasons for unfounded asylum claimants to use the asylum route.
That will be a benefit to everyone, especially those who are refugees.

16 We have made substantial improvements to our asylum system in recent years. As a result
of our 1998 White Paper 'Fairer, Faster and Firmer Ð A Modern Approach to Immigration
and Asylum' 1 , and the Immigration and Asylum Act 1999 that followed it, the system has
improved considerably:

° Delay and backlogs in the system have been reduced.
° A National Asylum Support Service has been introduced.
° Oakington Reception Centre has been set up to decide straightforward asylum claims in
about 7-10 days.

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° An electronic fingerprint system has been introduced to deter multiple applications and
improve identification procedures.
° Immigration enforcement powers have been strengthened.
° Resources are better targeted through an intelligence-led approach.
° Statutory regulation of immigration advisers has been introduced to deal with
unscrupulous advisers who assist fraudulent claims and exploit their clients.
° A one-stop appeals system has been introduced.

17 However, the scale and pace of change in the external environment requires us to undertake
further radical reform. And it is clear that many parts of the system are not working effectively.
It must be quicker and less open to fraud. The key principles underpinning our reforms are
that asylum seekers are both supported and tracked though the system in a process of
induction, accommodation and reporting and fast-track removal or integration.

18 We have said that we need radical changes to our asylum system to ensure its effectiveness,
fairness and integrity. Creating a coherent overall immigration strategy, through the expansion
of entry routes described above, is an essential element to this. But within that framework,
we also need changes to the asylum system itself to make it work for the benefit of all.
Underlying these changes are the following key points:

° The ultimate aims of the asylum system are to determine who is and is not in need of
protection. Providing a safe haven and integrating quickly into UK society those who are
in need of such protection and to remove quickly those who are not.
° Everyone who applies for asylum can expect Ð and will be given Ð a clear outline of the
procedures that will apply to them.
° Everyone will be subjected to a more managed system so that we can keep in contact
with them throughout the process. They will be expected to co-operate fully in complying
with that system and in providing information related to their claim. If they do not do so, it
will adversely affect the credibility of their claim for asylum and increase the chances of
their claim being refused.
° The legislative structure will be simplified, to make things clearer. All adult applicants who
enter the UK's asylum system will have their claims considered under the same basic
legal framework, and be covered by the new managed regime. Provision to deal more
quickly at the application and appeal stages will remain Ð for example, to give priority to
cases which appear to be straightforward grants or refusals, or where a person is not
complying with the new regime.

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° When someone has been through the system and has been successful, they can expect
to be given quick and effective help to aid their integration into UK society. And removing
the scope for delaying tactics will lead to the early identification of those not in need of
protection and who are expected to return to their own country; and the ability to enforce
the removal of any such person who declines to leave voluntarily.

19 Such a system will be one which is truly 'end-to-end' in its approach. It will be a quick,
high-quality, highly-managed system, which will assist those in genuine need of protection.
And enable us to return swiftly those not in need of protection. That will greatly enhance the
integrity of the asylum system.

20 The Government's policy of dispersing asylum seekers is designed to ensure that the burden
on services is shared across the country, and not borne overwhelmingly in London and the
South East. This principle will be upheld as new trial Accommodation Centres are developed.
However, in developing these, we have, as set out in the review published on 29 October
last year, acknowledged that the dispersal system is in need of substantial improvement.
Accommodation Centres, providing facilities on site, will help to ensure that dispersal does
not cause problems for the local neighbourhood and help with the process of acceptance.
But asylum seekers are only part of the equation: we must do more to understand overall
migration patterns and the impact they have on services in different parts of the country.

21 Chapter 4 sets out how we will fundamentally reform the asylum system. We will do this by:
° Preparing a resettlement programme with the UNHCR, establishing gateways for those
most in need of protection to come here legally.
° Introducing a managed system of induction, accommodation, reporting and removal
centres to secure a seamless asylum process.
° The introduction of an Application Registration Card to provide more secure and certain
evidence of identity and nationality.
° Phasing out voucher support.
° Better assisting unaccompanied asylum seeking children and sharing support for these
children across a wider number of local authorities while sifting out adults posing as children.
° Streamlining our appeals system to minimise delay and helping to cut down barriers to removal.
° Developing a strategy to increase the number of removals of people who have no claim
to stay here.
° Enhancing the opportunities for those accepted as refugees to play a full role in society
through our Refugee Integration Programme and active labour market measures.

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Tackling Fraud Ð People Trafficking, Illegal Entry and Illegal Working
22 At the heart of our challenges lie those who will take advantage of global movements to
traffic or smuggle migrants. Organised immigration crime is a growth industry, worth millions
of pounds each year. It is, by its nature, an area where reliable information is scarce, but our
research and intelligence on it have been improving. While some of it is perpetrated by small
scale opportunists, there is evidence that it is becoming the preserve of increasingly sophisticated
organised groups, some concentrating on either people smuggling or exploitation, others
covering both. It appears that established criminal networks are moving in, including those
already smuggling drugs. Their aim has been to cash in on global increases in migration
flows. They hope to use the smuggling infrastructure and know-how they have developed,
while avoiding the increasingly effective prosecution and tough penalties for drug trafficking.
There is also increasing intelligence linking trafficking and smuggling groups with crimes of
violence, highlighting the often brutal nature of the trade.

23 We need to strengthen the law by increasing penalties and taking advantage of new
technology to identify illegal entrants before they establish themselves here. And we will
continue to develop preventative projects to tackle the problem at source and seek to reduce
the vulnerability of those who are trafficked. Co-operation is the key between agencies in
the UK and within Europe. Immigration crime is international and we must think in these
terms if we are to succeed.

24 A properly managed system needs to adopt a broad approach, recognising that the system
works as a whole with movement and flexibility between routes. It has to close the gaps for
illegal entry, illegal working and abuse of the system. Irregular migration undermines the
integrity of the system. It profits traffickers, smugglers and unscrupulous employers, damages
legitimate business, makes illegal migrant workers vulnerable to exploitation and social exclusion,
and may be costly through lost revenue from taxation and National Insurance contributions.

25 To tackle illegal migrant working we must address the causes. Alongside our policies to
improve the efficiency of the labour market, the development of managed migration schemes
will help to ensure that, wherever possible, those wishing to come to the UK have legal routes
open for them to do so and employers can fill vacancies with legal workers. We will take tough
action on employers who employ illegal workers and on people traffickers and smugglers.
We will confiscate the proceeds of crime so that traffickers and employers who break the
law do not benefit from illegal migration. These measures will send out a clear message to
illegal workers and their employers.

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26 In tandem with an efficient, well-managed asylum system and sensible controlled avenues
of legal employment we will reduce the opportunities and incentives for the criminals.

27 Chapter 5 explains the measures we are taking. We will:
° Combat illegal working through improved enforcement action, less potential for fraud, effective
gathering and sharing of information and working with business and the trades unions.
° Strengthen the law, including a 14 year penalty for facilitating illegal entry and trafficking
for the purposes of sexual exploitation.
° Deal appropriately and compassionately with victims of trafficking, offering new forms of
help to those trapped in conditions of gross exploitation.
° Target the criminals through intelligence and enforcement operations.
° Co-operate extensively with EU and other international partners.
° Tackle organised crime through prevention strategies in source and transit countries.

Border controls
28 The challenge here is to allow those who qualify for entry to pass through the controls as
quickly as possible, maximising the time spent on identifying those who try to enter clandestinely
or by presenting forged or stolen documents. Increasingly we are looking at new methods of
detecting and deterring. We must continue to develop in response to the changing methods
and routes of entry. Our network of Airline Liaison Officers enables practical support to be
given to airlines to help them identify fraudulent documents. Pre-clearance in the Czech
Republic and enabling UK immigration officers to conduct passport checks in France are
further examples of how we are engaging positively in the European and international arena
to disrupt the flows of those who do not qualify. While the growth of telecommunications
allows the traffickers to exchange information, technology offers us the chance to gain
greater control through the use of scanners to detect those hidden in vehicles.

29 We will continue to think flexibly to identify ways of speeding up the admission of frequent
passengers and those who have already been accepted to travel here. The less time the
Immigration Service needs to spend on clearing passengers, the more they can concentrate
on those who seek to undermine our laws. The Government is proposing to extend
automation of entry processes and to examine whether an authority to carry could be
granted to the carrier at the time a person books their ticket.

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30 Chapter 6 explains what we are doing to protect our borders and speed up procedures for
genuine passengers. We are:

° Deploying Airline Liaison Officers overseas to help prevent improperly documented
passengers travelling to the UK.
° Using visa regimes for nationals of countries where there is evidence of systematic abuse
of our controls.
° Placing immigration officers abroad where this is necessary to check passengers before
they travel to the UK.
° Maintaining our operational arrangements for UK immigration officers to conduct passport
checks in France.
° Developing a new concept of screening passengers before they travel to the UK.
° Using technology such as iris or facial recognition and fingerprints for the improved
control and security of passengers.
° Utilising x/ gamma ray scanners, CCTV and other new technology to help locate those
seeking to enter illegally.
° Using mobile task forces as part of an intelligence-led control.
° Working with European partners and others to strengthen the EU's common borders and
enhance border controls on transit routes.

Marriages and family visits
31 With the increase in international trade and more UK citizens working abroad, it is not surprising
that there is an increase in the numbers of British citizens marrying foreign nationals. In
addition, there has been a tradition of families originating from the Indian sub-continent
wanting to bring spouses from arranged marriages to live with them in the UK. In 2000, over
38,000 people were granted settlement on the basis of marriage.

32 The majority of those seeking leave to remain on the basis of marriage have entered into
genuine relationships and intend to live permanently with their spouse. But we know that
large profits and financial rewards can be obtained as a result of arranging bogus or sham
marriages. We want to make it more difficult for those who seek to stay on the basis of a
bogus marriage while simplifying procedures where there is clear evidence that a genuine
marriage exists. Alongside this we will recognise changes in marital trends. We also believe
there is a discussion to be had within those communities that continue the practice of arranged
marriages as to whether more of these could be undertaken within the settled community here.

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33 We will also continue our efforts to find the best way for family members to come to the UK
for events such as weddings or funerals. We know the anguish that is caused where applications
are refused. We need to demonstrate that the system works effectively to allow fast and
efficient service for those who have a genuine need to come to the UK at a certain time
while ensuring there is no abuse of our procedures.

34 Chapter 7 sets out how we will take forward measures. We will:
° Increase the probationary period for leave to remain on the basis of marriage.
° Revise the Immigration Rules for unmarried partners.
° Simplify the procedures for legitimate applicants.
° Consider revising the Immigration Rules to prevent switching into marriage for people
entering the UK for 6 months or less.
° Publish the results of a detailed review about rights of appeal in family visit cases and
use this consultation to examine what further work is necessary to improve our systems.

War criminals
35 Many asylum seekers come to the UK seeking protection from conflict or war in their own
country. Where large numbers of people are fleeing abroad for their own safety, it is easy for
individuals who have been involved in the commission of war crimes or crimes against
humanity to travel Ð perhaps under an assumed identity or without documents Ð to the
safety of another country unchecked, seeking asylum on arrival.

36 Recent conflict in the Balkans, Rwanda and Afghanistan demonstrates that many people will
seek protection in the UK. The Government is committed to fulfilling its international obligations
to protect those in genuine need but it is equally committed to ensuring that those who have
been involved in the commission of war crimes and crimes against humanity are not able to
abuse the hospitality of the UK.

37 So Chapter 7 also focuses on how we will strengthen our ability to deal with war criminals.
We will:

° Strengthen relevant immigration and nationality legislation.
° Ensure better co-ordination amongst Departments and agencies.

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Summary
38 This White Paper sets out a package of measures to meet the opportunities and challenges
that face us now and will do so in the future. The objectives are clear. We will develop our
citizenship and nationality policy to create a supportive, safe and cohesive community. We
will manage flows through legitimate entry routes, developing managed migration policies to
attract the people we need to compete and prosper in the global economy in a manner
consistent with our international commitment to eliminate world poverty and domestic
commitment to achieve employment opportunities for all. We will develop our methods to
counteract organised immigration crime and illegal working and crack down on those who
undermine and abuse our system. And fundamental to our moral and humanitarian objectives
we will develop a seamless asylum process which is clear from induction to integration or return.

39 Together these measures will fundamentally reform our citizenship, asylum and immigration
system presenting a rational approach to the global movements of the 21st century.

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Consultation
The Government would welcome comments on the proposals in this White Paper.
These should be sent by 21 March 2002 to:
White Paper Comments
The New Policy Team
Immigration and Nationality Directorate
6 th Floor
Apollo House
Croydon CR9 3RR

Or by fax to: 020 8760 8008
Or by e-mail to: IND. NPT. Whitepapercomments@ homeoffice. gsi. gov. uk
The Government may be asked to publish responses to this White Paper. Please let us know
if you do not want your comments to be published.

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Chapter 1 INTRODUCTION AND OVERVIEW
Managing the different migration flows
1.1 One of the issues which troubles the public most in relation to nationality and immigration is
a belief that entry into this country and residence here is subject to abuse. The amount of
column inches devoted to those trying to reach our shores through clandestine routes
illustrates that the issue of asylum outweighs the much broader debate about migration,
nationality and integration.

1.2 This White Paper intends to refocus the agenda onto the wider issues of migration: on the
global reality of increasing international mobility, how we can harness the benefits of this
movement for all concerned (sending and receiving countries), and how we can foster a
greater sense of community and social integration at home.

1.3 If managed properly, migration can bring considerable benefits to the UK, including improvements
in economic growth and productivity, as well as cultural enrichment and diversity. 'Managing'
migration means having an orderly, organised, and enforceable system of entry. It also
means managing post-entry integration and inclusion in the economy and society, helping
migrants to find their feet, and enabling members of the existing population to welcome
them into their communities.

1.4 At present our main routes of entry are for work-related or humanitarian purposes. But there
are many different, and diverse, reasons why people may decide to move to another country,
stay there (and for how long), return home, or move on to a third country, and a range of
ways and means by which they gain entry to the UK. It is essential to have a coherent
overview of the whole system.

1.5 Where entry is not possible without taking clandestine action, a problem is clearly created
which then reinforces the perception of confusion or worse Ð that the system is out of control.
To get the balance right we need to ensure that there are managed and credible routes for
men and women to reach these shores, and gain legitimate status as residents in our
country, in a manner which builds confidence and reassurance.

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1.6 Acceptable routes for entry and competently administered procedures, including monitoring
and control, are therefore a prerequisite to getting the situation back into balance. So too
are measures to tackle the issues of illegal presence and illegal working.

1.7 This White Paper sets out new proposals for managing flows of people from entry into the
UK through work-related routes or the asylum system, to settlement and the acquisition of
citizenship. In order to manage entry into the UK better, we are developing legal, sensible
and controlled routes for economic migration; ensuring that our asylum system is fair but
robust and credible; and taking the powers that we need to tackle the criminals who abuse
our borders and exploit desperate people. In order to improve post-entry inclusion and
planning for the future we are developing our principles of, and policies on, citizenship and
nationality and integration.

1.8 The next two sections of this Chapter set out the context and constraints within which migration
policy must be viewed: the challenges of globalisation, and the challenges at home. We must
be realistic about, and responsive to, our global environment. We must also be focused on
our domestic environment and committed to continuing to promote community cohesion and
social integration at home.

The challenge of globalisation
1.9 Globalisation is bringing rapid changes to the world in which we live. Over the last quarter of
the century, a series of economic, technological and social changes have increased the
interdependence and interconnectedness of the modern world. International trade and
transnational movements in capital have grown exponentially as transport and transaction
costs have fallen and barriers to mobility have come down. Advances in technology have
revolutionised communications and the mass media, opening up instantaneous exchange of
information and knowledge at the press of a button.

1.10 These changes have had profound consequences for the movement of people. They are now
increasingly able to move around the world, whether to work, travel or seek refuge. Migration
flows have accelerated and become more complex, whilst increasing global trade in services
and expansion of leisure travel have vastly increased the numbers of people crossing national
borders. New forms of migration have emerged and networks have sprung up to facilitate
this movement. Further liberalisation of the movement of persons for the delivery of services
is currently under negotiation in the World Trade Organisation under the General Agreement
on Trade in Services. These negotiations offer an opportunity to establish fair and clear
regulations governing temporary movement of workers which do not unnecessarily restrict

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trade in services and bring benefits to both developed and developing countries. For example,
they could facilitate movement such as that of employees of transnationals moving temporarily
from country to country. At the other end of the spectrum, criminal gangs smuggle and traffic
people across continents, exploiting their desperation to escape war, persecution or poverty.
Migration to the UK is only one small part of these global movements of people. We need a
more sophisticated understanding of the drivers of migration and asylum seeking, and the
networks that facilitate these movements, so that we can harness their benefits and also
tackle detrimental criminal and trafficking activities.

1.11 Globally, the number of international migrants increased from 75 million to 120 million
between 1965 and 1990 2 . By 2000 168 million people were living outside their country of
birth, an increase in the proportion of migrants to 2.8%. Of these, the United Nations High
Commissioner for Refugees estimates that 12 million are refugees, and a further 9 million
are stateless or displaced persons, recent returnees and others of concern.

1.12 The number of people coming to the UK each year has risen substantially over the past
decade. In 1990, there were around 50 million arrivals at UK ports. By 2000, this had risen
to almost 90 million. Around 86% of these were British citizens returning from abroad and
European Economic Area (EEA) nationals but there were also 13 million arrivals from outside
the EEA. The vast majority of these were visitors coming to the UK on holiday or business
who subsequently returned to their own country but around 600,000 came to the UK for
other reasons (as students, to work or as family dependants). In some areas there has been
considerable movement. In 2001, for instance, 104,000 new work permits were issued
(work permits and first permissions), the highest number ever and significantly more than
the 80,000 new work permits issued in 2000.

1.13 One of the key drivers for more people coming to the UK is our strong economic position. In
terms of international trade and investment, the UK is a relatively open economy. This puts
the UK in a good position to take advantage of increasing global trade and to benefit rapidly
from new developments, ideas and production techniques. The UK has a higher level of
employment and lower level of unemployment than virtually every other country in the
European Union (EU). Our strong labour market acts as a magnet for those seeking better
jobs and lives for themselves and their families. In addition, EU nationals have the right under
EC law to live and work in the UK and in 2000 over a quarter of the foreign-born migrants
were citizens of other EU countries. The expansion of EU membership will further increase
the number of people with the right to live and work in the UK.

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2 Population Division of the United Nations Secretariat, 'Trends in total migrant stock by sex' Revision 4, 1998. 25
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1.14 The flow of people into the UK tells only part of the story. Patterns of movement show that
migration is not a one way, one off process and that the UK may be used as a stepping stone
to other countries. There are a whole range of reasons why people may decide to leave their
home countries, settle abroad, return to their own country of origin or move on to a new
destination. In 2000 almost 300,000 people left the UK compared with 480,000 coming in.
Some of these will be British citizens emigrating but others will be migrants returning home
or moving to other countries.

1.15 The expansion of migration is unlikely to diminish in the future. In the next 25 years, the
world's population is expected to grow by a further 2 billion, 98% of whom will be in
developing countries. This growth will be accompanied by an ageing of the population in
OECD countries, intensifying pressures to migrate from low-income countries experiencing
increased competition for jobs and scarce resources to countries like the UK experiencing a
shrinking in the number of people of working age. With birth rates continuing to fall in the
UK, net inward migration has become the biggest component of population change. In 2000,
foreign-born migrants constituted nearly 8 per cent of the total UK population.

1.16 Globalisation also means that issues previously considered 'domestic' are now increasingly
international. When people and ideas cross borders, Government policymaking must respond,
anticipate new challenges and be ready to capitalise on the benefits. Globalisation means

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Table 1: Non-EEA nationals given entry to the UK Number of journeys
Purpose of journey 1995 2000
Students 285,000 313,000
WP holders for more than 12 months 11,700 36,300
WP holders for less than 12 months 26,100 30,800
Agricultural Workers 4,660 10,100
Working Holidaymakers 36,000 38,500
UK grandparent ancestry 6,620 11,000
Domestic employee 11,800 14,300
Au Pair 11,700 12,900
Investors 10 50
Family Reunion and other dependants 48,400 74,200
Accepted for settlement on arrival 2,400 2,290
Asylum seekers and their dependents 3,700 11,400
Others 51,200 48,000

Total 499,290 602,840
Source: Home Office. 26
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that what happens in the UK must be considered in the wider European and international
context, since no single country can frame its response to the global environment in isolation
from others. The breadth of causes and consequences of migration mean that migration
policies across countries must be integrated and reflect the impact on the countries concerned.

1.17 Migration and asylum issues cut across economic, social, foreign and international
development policy boundaries. We need to bring order to the disparate flows of people by
developing legal routes of entry for those who will benefit our economy and those who need
our protection. The traffickers thrive on disorder and disharmony. Where there is a demand
they will seek to meet it and where there are differences they will exploit them. It has never
been more important for us to work in partnership with our European colleagues to secure a
system which separates the initial flight from persecution from subsequent migratory movement.
Minimum standards and common interpretations of the laws are crucial elements in bringing
about this management of human flows.

1.18 Reflecting the growing awareness of the need to co-ordinate immigration matters, the
European Commission has introduced a number of Directives with regard to the entry and
stay of third country nationals in the European Union covering employment, family reunification
and long-term residence. We have made clear that we will maintain the UK's system of
frontier controls and nothing being developed or negotiated in Europe will undermine this.
But we also need to involve ourselves actively in considering the implications and effects of
this work. The Government will continue to give careful consideration to the future exercise
of our right to opt into EU measures on immigration and asylum, considering the need for,
and benefits of, effective co-operation while preserving our frontier controls.

1.19 We must also ensure that our immigration policies are consistent with our fundamental
commitment to eliminate world poverty. Migration flows can be highly beneficial to developing
countries: remittances from migrant workers make a major contribution to many economies;
extensive trade links are forged; and skills and knowledge shared. The Government will seek
to ensure that developing countries are able to integrate into, and benefit from, the global
economy. This will involve increased movement in persons and global trade in services.

1.20 But, at the same time, the increase in international competition for people with scarce skills
means that we need to ensure that measures aimed at meeting the demands for skills in
the UK economy are not at the expense of the growth and development of poor countries.
We will fulfil the commitment in the White Paper, 'Eliminating World Poverty: Making
Globalisation Work for the Poor 3 ' that the UK will ensure migration policies do not worsen

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3 Department for International Development, London: The Stationery Office, 2000. 27
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skills shortages in developing countries. We will seek to develop innovative approaches for
use in sectors identified by developing countries as potentially vulnerable to a skills drain.
These will build on the experience of the Code of Practice used by the Department of Health
to limit the skills drain caused by active recruitment of health workers from developing
countries and we will monitor and ensure compliance with such measures.

The challenges at home
1.21 If we are to maintain and develop social cohesion and harmony within the United Kingdom it
is crucial that we make sense of these global flows. Our domestic and social policies in relation
to nationality, immigration and asylum applications must therefore respond both to the reality
beyond our borders and the danger posed by well meaning but indecisive drift at home.

1.22 This is why the Home Secretary's statement of 29 October 2001 set out a new framework
and set of administrative processes to tackle immediate problems. This White Paper expands
on the statement and picks up on the medium and long-term challenges that face us. If we
are to overcome fear, suspicion and either misunderstanding or deliberate exaggeration of
the facts, it is crucial that people feel secure within their own community, and that those
seeking to settle here develop a sense of belonging, an identity and shared mutual understanding,
which can be passed from one generation to another. In this way we will break down the
intolerance and prejudice which is so destructive to social cohesion.

1.23 This means that we need to be sensitive to the potential problems as well as being quick to
harness the benefits that increasing international mobility offers. Migration can bring
considerable benefits for the domestic population. Migrants can contribute to the UK by
increasing economic growth, paying taxes, setting up new businesses, contributing to the
expansion of new business sectors, consumer choice, and creating new jobs. But migration
flows need to be properly managed in order to achieve these benefits and to ensure that
they are consistent with all our aims and objectives for individuals, businesses and the
public sector.

1.24 We will be careful to consider the impact on existing workers, especially on the most
disadvantaged groups, when developing routes of entry. There may be concerns that migration
has a negative effect on the job or training opportunities for the existing population, although
the research in the UK finds little indication of a negative impact on employment. If anything,
it suggests a positive effect on the wage levels. The Home Office has funded several studies
on the impact and outcomes of migration in the UK over the last 12 months. The findings

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are heavily constrained by the limitations of the data on migrant outcomes in the UK but are
consistent with the view that migrants help ease recruitment difficulties and expand sectors,
thereby increasing the productivity of the existing population. They support similar research
undertaken abroad. A recent study of labour mobility in Europe by PricewaterhouseCoopers 4 ,
which involved interviews with individuals and businesses, found that the most common
response to recruitment difficulties was to undertake training (nearly 50% of firms included
this in their strategy for dealing with recruitment difficulties), followed by using new technology,
and improving pay and benefits (a particularly common answer amongst UK firms).

1.25 We need to address the local level impacts of migration which may contribute to local
community tensions. A crucial element of our vision for migration reform is the strengthening
of community cohesion and social integration. Strong, cohesive and confident communities
are the building blocks of a healthy society. We need to develop nationality, citizenship and
integration policy. We also need to ensure that we properly anticipate, plan for and fund the
consequences of migration for education, health, housing and transport providers. We are
working closely across all the different departments concerned, and with the devolved
administrations, to ensure that these impacts are properly taken into account in planning
ahead for local service provision.

1.26 We must plan for the future. Failure to ensure the successful integration of those settling in
the UK today will store up problems for future generations. Sharp differences in the relative
prosperity of recently settled ethnic minority communities are already becoming apparent.
Our objective is to secure social cohesion and equality of opportunity between communities.

1.27 The balanced approach that we intend to develop as a consequence of adopting the policies
in this White Paper will seek to provide trust, confidence, reassurance and understanding
within our community. At the same time, it will offer rational, safe and workable routes for
those who legitimately wish to be here. From tougher protection of our national borders to
the new gateway for those seeking asylum from outside the country, we are determined to
establish a system that works. This is why the new seamless approach to the administration
of those claiming refugee status and the revitalisation and expansion of routes for those
seeking economic migrant status go hand in hand.

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4 PricewaterhouseCoopers, 'Mobility Matters: A European perspective' 29
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Chapter 2 CITIZENSHIP AND NATIONALITY
2.1 The Government attaches great importance to helping those who settle here gain a fuller
appreciation of the civic and political dimensions of British citizenship and, in particular, to
understand the rights and responsibilities that come with the acquisition of British citizenship.
This will help to strengthen active participation in the democratic process and a sense of
belonging to a wider community. We believe that one means of promoting this understanding
is to place much greater emphasis than we do at present on the value and significance of
becoming a British citizen.

2.2 Common citizenship is not about cultural uniformity, nor is it born out of some narrow and
out-dated view of what it means to be 'British'. The Government welcomes the richness of
the cultural diversity which immigrants have brought to the UK Ð our society is multi-cultural,
and is shaped by its diverse peoples. We want British citizenship positively to embrace the
diversity of background, culture and faiths that is one of the hallmarks of Britain in the
21st Century.

The word 'citizenship' has been used in the context of our nationality legislation since
the British Nationality Act 1948 first as 'British subject: citizenship of the UK and Colonies'
and then in the British Nationality Act 1981 as 'British citizenship'. Citizenship in this
context already embraces allegiance to the Sovereign and applicants for naturalisation
as British citizens swear or affirm loyalty to The Queen. Although we have historically
used the term 'British subjects', this status is now quite narrowly defined in our legislation
and is limited to small groups of people who have links with pre-1949 Ireland and the
Indian sub-continent as well as informal reference to those living here. So, in promoting
citizenship in the manner described in this White Paper, we are building on an existing
legal definition in a way that is fully consistent with our position as subjects of a
constitutional Sovereign. There is no contradiction in promoting citizenship so that people
uphold common values and understand how they can play their part in our society while
upholding our status as subjects of HM The Queen. 30
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2.3 The Human Rights Act 1998 can be viewed as a key source of values that British citizens
should share. The laws, rules and practices which govern our democracy uphold our commitment
to the equal worth and dignity of all our citizens. It will sometimes be necessary to confront
some cultural practices which conflict with these basic values Ð such as those which deny
women the right to participate as equal citizens. Similarly, it means ensuring that every
individual has the wherewithal, such as the ability to speak our common language, to enable
them to engage as active citizens in economic, social and political life. And it means tackling
racism, discrimination and prejudice wherever we find it.

2.4 The Government recognises too that, in an increasingly mobile world, more and more people
will acquire more than one citizenship. The UK has long accepted the concept of dual nationality.
People are not forced to give up their original citizenship in order to become British. We
recognise that people will often retain a strong affinity with their country of origin. As the
1998 White Paper put it, 'it is therefore possible to be a citizen of two countries and a good
citizen of both'. However, the country of main residence can and should expect every individual
to be committed to accepting their responsibilities as well as embracing the rights which
citizenship confers. We have introduced from this year in England compulsory teaching of
citizenship and democracy in our schools and the promotion of active citizenship. This reinforces
the fact that our sense of identity, understanding of our mutuality and interdependence, comes
as much from the contribution we make to the world around us as it does from any theoretical
entitlements we possess.

2.5 The Government also recognises that some people who may want to acquire British citizenship
may find it difficult to do so because the country from which they come has a different approach
to dual nationality which may, for example, impact on their nationals' property rights if they
acquire a second nationality.

2.6 So, the Government's view is that we must make everyone who is settled here feel welcome
and valued irrespective of whether they have acquired British citizenship. But it also believes
that becoming a British citizen is a significant step which should mean more than simply
obtaining the right to a British passport. The tangible benefits of becoming a British citizen
will vary, depending on an individual's previous status. Importantly British citizenship confers
full political rights Ð in particular, the right for those who do not already have it, to vote in
national and European elections and the opportunity of standing for election. Whatever the
specific benefits, British citizenship should bring with it a heightened commitment to full
participation in British society and a recognition of the part which new citizens can play in
contributing to social cohesion.

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2.7 The Government believes we should do much more to prepare people for British citizenship,
to enhance its significance and to celebrate its acquisition. Prior to the conferring of citizenship
through naturalisation, we believe it is necessary for all those who are seeking long term
resident status to be provided with the opportunity (where they do not already have the facility)
to receive language training and to receive an easy to understand and practical guide in the
form of both print and video, about Britain and its institutions relevant to an understanding
of the society they are entering. For those moving towards naturalisation, the facility would
need to be more structured as indicated below. For those simply living in our country, it is
important that in the early stages after taking up residence, such support is readily available,
including the immediate period after the granting of refugee status.

2.8 We will promote the importance of British citizenship by:
° Speeding up the process of acquisition.
° Preparing people for citizenship by promoting language training and education for citizenship.
° Celebrating the acquisition of citizenship.
° Updating our deprivation of citizenship procedures.
° Reforming nationality legislation.

Speeding up the process
2.9 The process of acquiring British citizenship has been taking far too long. At the end of December
1999 the average time for applicants to hear the results of their applications was nearly 20
months. The Government is committed to speeding up the process. By 31 March 2001 the
waiting time had fallen to 11.6 months.

2.10 In particular, the former system of 'queuing' has been changed and since April 2001 new
applications have been started on receipt. By the end of this year we anticipate all caseworkers
will be considering applications on receipt leading to a further dramatic drop in the average
waiting times. Applicants are also now asked to send with their applications the documents
that are needed to support them, eliminating one of the causes of delay. All the applications
that were in the queue when the new procedures began should have been completed by the
end of December 2002. By April 2004 the average waiting time for citizenship applications
should have been reduced to three months.

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Preparing people for citizenship
2.11 Becoming British through registration or naturalisation is Ð or should be Ð a significant life
event. It can be seen as an act of commitment to Britain and an important step in the process
of achieving integration into our society. Yet, in spite of this, some applicants for naturalisation
do not have much practical knowledge about British life or language, possibly leaving them
vulnerable and ill-equipped to take an active role in society. This can lead to social exclusion
and may contribute to problems of polarisation between communities. We need to develop a
sense of civic identity and shared values, and knowledge of the English language (or Welsh
language or Scottish Gaelic, which are provided for in the British Nationality Act 1981), can
undoubtedly support this objective.

2.12 It is not altogether surprising that many applicants do not appear to attach great importance
to acquiring British citizenship, beyond the convenience of obtaining a British passport. We
do not actively encourage people to become British citizens or prepare them in any way.
Nor, unlike some other nations, do we celebrate the acquisition of citizenship. Instead, we
treat it as essentially a bureaucratic process, with a certificate being sent through the post
at the end of it.

2.13 It is a fundamental objective of the Government that those living permanently in the UK should
be able, through adequate command of the language and an appreciation of our democratic
processes, to take their place fully in society. Evidence suggests that migrants who are fluent
in English are, on average, 20 per cent more likely to be employed than those lacking
fluency 5 . There is already a requirement in the British Nationality Act 1981 that applicants
for naturalisation should have a sufficient command of a recognised British language but

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Figure 1: Applications for British citizenship received and decided 1990-2000
100
80
60
40
20
0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000

(Thousands)

Year
Applications Decisions

5 'Wheatley Price and Shields, ongoing Hom

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