UK's visa environment has been hostile towards migrants over the last eight years, with the political immigration debate remaining consistently poisonous. The government and its politicians have visibly failed to understand the economic benefits of migration, and reduced it to just 'a number game'. Sajid Javid's take on the immigration rules has come as a ray of hope, not only for the highly-skilled migrants or the non-EU doctors but also for the foreign students. With Brexit worries, this perhaps is a corrective step towards repairing the worn out ties, keeping UK-India relationship in focus.
Speaking to BBC's Andrew Marr, on Sunday morning, Home Secretary Rt Hon Sajid Javid indicated that he was willing to 'take the fight to the Prime Minister' over visa issues. He reportedly announced that he is looking into lifting the cap on the number of foreign doctors who can work in the NHS, after these medics from non-EU countries have been repeatedly refused visas.
The five week old Home Secretary also suggested he would push to take overseas students out of the net migration target, a step Boris Johnson has always been pushing for. Both these categories are believed to be opposed by the Prime Minister Theresa May, who stands by the policy of getting net migration down under 100,000 a year, since her days in the Home Office.
Moreover, Javid also said that all applications for leave to remain that could potentially be refused under paragraph 322(5) have now been put on hold pending the findings of a review, which is due to be completed by the end the month. At least 1,000 highly skilled migrants seeking indefinite leave to remain (ILR) in the UK are facing expulsion under under paragraph 322(5). This includes doctors, lawyers, teachers and many other high tax paying migrants. However those who have already been denied ILR in the UK on the basis of discrepancies in their tax payment history, has still not had their decision overturned by the Home Office. These migrants who include many Indians as well as other South Asian communities continue to protest, asking for a speedy justice.
Javid’s letter to the home affairs select committee admitted that the Home Office’s use of the paragraph 322(5) could be condemned as “truly wicked” and “an abuse of power” by MPs and experts. He also admitted that it could have spread to other applications, including that of any migrant applying for indefinite leave to remain (ILR) who might have been asked to submit evidence of earnings.
A group of about 20 MPs and a member of the House of Lords have also established a separate pressure group to persuade the Home Office to stop deporting highly skilled migrants under the terms of the paragraph 332(5). The home affairs select committee highlighted the issue after questioning Caroline Nokes, the immigration minister, in early May.
They also reportedly publicly accused the Home Office of being unfit for the 'purpose' and guilty of 'shambolic incompetence' after the Guardian newspaper found letters written by Nokes that appeared to contradict her claim that she had only recently learned of the Home Office’s use of the paragraph 322(5).
Speaking about the doctors, the Home Secretary acknowledged to Marr on BBC that the current system means “a number of doctors that are qualified, that our NHS needs are being turned away.”
He reportedly added: “I see the problem with that. It is something that I’m taking a fresh look at.
“I know a number of my colleagues certainly want me to take a look at this, and that’s exactly what I’m doing and I hope to think about this more carefully and see what can be done.”
The current immigration places an annual limit of 20,700 on tier 2 immigrants coming to the UK from non-EU countries. This tier includes doctors, as well as other skilled workers who are needed to fill gaps in the UK job market.
Indian immigrants still fighting for justice
A protest was organised against Home Office at the Parliament Square on Tuesday 5 June, and was attended by hundreds of people, including Parliamentarians such as Seema Malhotra MP and Stephen Timms MP. These protesters were mainly migrants who have been denied ILR under paragraph 322(5), which is actually meant for refusal of visas on the grounds of terrorism, or any threat to the State security. But it has been 'loosely' being used by the government to deny settlement visas. Many of them believe they have been denied their visa wrongfully, as Home Office refused to acknowledge that a small tax discripancy that happened between applicant and HMRC, had already been cleared years back.
Aditi Bhardwaj, the main organiser of this protest, told Asian Voice, “Home Secretary has paused the applications under section 322 (5). He has done it for the applications pending, but nothing has been done for people who have been refused it already. They dont have work rights, appeal rights or access to NHS currently. Will the Home Secretary reinstate their work rights, till the reviews are completed? There are lot of families in destitute situation.
Stephen Timms MP, who was also attending the protest on Tuesday told Asian Voice, “People had their visa renewals refused for very small tax issues which were settled with complete satisfaction of HMRC years ago. There is no basis at all now to deny them visas. We asked the Minister about this yesterday and she said, there were cases of discripancies of £10,000. That is wrong, people should not have their visas renewed under such circumstances. But the cases I know of, there have been no discrapancies at all. So I am very pleased that the Home Office has now said they are going to put these cases on hold and will not be taking any further action. But we need much more than that.”
Reaction from professionals and organisations
Businesses and student bodies cheered the new Home Secretary’s pledge.
Deputy Mayor for Business, Rajesh Agrawal, told Asian Voice: “The recent comments by the new Home Secretary suggesting a shift in the Government’s thinking are welcome, but must be quickly backed up by real action. The Mayor and I have said consistently that the Tier 2 annual allocation should be scrapped, or significantly increased. This policy is risking London and the UK’s reputation as a place that welcomes global skills and talent, and is hampering the growth of the capital’s businesses. Let’s hope the Home Secretary can quickly match words with action.”
Charlie Massey, Chief Executive, General Medical Council said, "It is frustrating that while one government department is working hard to recruit doctors into an overstretched health service, another is enforcing eligibility conditions which stifle those efforts.
“We are seeing huge increases in the number of international doctors applying to take our examinations that they need in order to work in the UK, so much so that we have made extra exam dates available.
“However, once they pass the exam, and so have shown they have the skills necessary to work here, too many of those much-needed doctors are being prevented from coming as they can’t get visas. The government needs to address this issue as a matter of urgency.”
Sanam Arora, Chairperson, NISAU, which is an Indian students' body in UK told Asian Voice, “It is heartening to hear that the long-overdue review of the UK’s immigration is being considered, although that it has come about only because the Windrush scandal came to light makes us concerned about how extensive the review would be in so-far as foreign students are concerned. We hope that a comprehensive review is undertaken that draws upon many of the existing credible findings that have emerged through the years, all of which unanimously emphasise on the net benefits, both economic and non-economic, that International students bring to the UK.
“A lot of damage has been done to the UKs reputation as the destination of choice for Indian Students over the last few years and many lives have been severely negatively impacted as a result of ill-implemented policies. The new Home Secretary has publicly recognised this, which is a great starting point, and we now hope that given 'bogus colleges' are a thing of the past, that the UK Government takes the actual stakeholders into focus during the review.
“There is negligible long term migration impact as most Indian students leave the country within a short timeframe and all they ask for is opportunities to gain international work experience for a short period after their studies. The international Indian Student is a consumer and when consumer needs aren’t met, they flock elsewhere, which is why numbers coming to the UK have more than halved over recent years. This is the UK’s loss and sad because it is shaking a strong foundational pillar of the UK-India relationship - the educational partnership.”
Rashesh Shah, President, Federation of Indian Chambers of commerce and Industry said, “The changes in the immigration policy of British Government have been a matter of concern for India. Movement of Skilled Professionals should be looked at differently and not be treated as part of the larger immigration issue which UK is facing. While policies related to migration are a sovereign matter, the contribution made by skilled workers and professionals to the economy and overall competitiveness of industry should be looked at in a holistic manner for mutual economic progress”
Dr Shiv Pande, a life member and former National Chair of British International Doctors Association told Asian Voice, “As a doctor I feel this cap has been utter madness. We need more doctors. From December to March 1500 doctors have been refused visas. It is expensive to appoint just locals. Fault lies with Mrs May. I hope the Home Secretary takes some action.”
Dr Suja, an NHS doctor, told the newsweekly, “I honestly can’t understand what this government’s aim is. We are very clearly short on doctors and nurses, yet the UK is making it as difficult as possible for not only international doctors to work in the UK, but for doctors like myself to return to practice in the UK.
“As long as the NHS/ GMC are ensuring doctors meet English speaking standards and professional standards I don’t see a reason to refuse them entry to the UK. To me it’s just absurd.
“Of course Jeremy Hunt claims to be increasing the number of doctors by 2020, but I have no idea where we are going to magic these doctors from. It takes 10 years to be a GP from the time you enter medical school (minimum), and 15-20 years to be a hospital specialist or surgeon.”
Lakshmi Kaul, Head & Representative, Confederation of Indian Industries, UK said, “CII welcomes the move to review the UK immigration policy especially in relation to tier 2 visa holders and the review of the rejections of ILR applications of tier 1 visa holders. We would like to reiterate the fact that the Intra- Company Transfer (ICT) visa offers a short and temporary visa route that provides a critical channel for UK business to access global talent pool. Many Indian businesses operating in the UK use this short-term ICT to transfer key staff to complete temporary assignments.
"UK visa rules in the form of minimum salary thresholds and restricting labour mobility is counterproductive – cumbersome for Indian companies operating in the UK and detrimental to the UK economy. The Indian Industry takes the view that there must be a clear policy-level distinction in addressing long term migration issues and short term professional mobility issues. Short term transfer of skilled resources to service legitimate business contracts in the UK should not be construed as ‘migration’ but should be treated in fact as ‘Trade in Services’.”
