REPORT TO: / Executive Board
REPORT NO: / EDM/18/09
DATE: / 3 November 2009
LEAD MEMBER: / Councillor RJ Dutton OBE
(Communities and Performance)
LEAD OFFICER: / Divisional Manager – Social Inclusion
CONTACT OFFICERS: / Rebeccah Lowry (Tel: 292455)
Gaynor Coventry (292290)
SUBJECT: / UKBA Consultation ‘Earning the Right to Stay’
WARD: / N/A
1. PURPOSE OF THE REPORT
1.1 For Members of Executive Board to approve the Councils response to the UK Border Agency (UKBA) consultation ‘Earning the Right to Stay’ a new points test for citizenship.
2. EXECUTIVE SUMMARY
2.1 The Government first outlined its proposals for earned citizenship in a Green Paper ‘The Path to Citizenship: Next Steps in reforming the Immigration System’ in February 2008. Following this earned citizenship formed part of the ‘Borders, Citizenship and Immigration Act 2009’ which became law on 21 July 2009. UKBA intend to implement the earned citizenship provisions of the Act in July 2011.
2.2 UKBA has now published a consultation document ‘Earning the Right to stay’ which contains proposals detailing how such a system would operate.
2.3 Whilst UKBA are expecting a wide response to the consultation, the document has not been widely circulated. UKBA circulated the document for a 12 week consultation in August 2009 the Council did not receive this document at this time. Officers were more recently made aware of this document through other migration networks. As a result UKBA officers have agreed to accept the Councils final response on 4th November 2009 rather than the set deadline of 26th October 2009.
2.4 In total the consultation comprises of 27 questions. Whilst all proposals and questions will be of interest to Members many of the questions refer to proposals that do not directly impact on the services of the Council and require a yes/no/don’t know response, there are two specific proposals that do refer to additional services of the Council that Members will want to consider and ensure an appropriate response:
1. Delivery of a ‘Check and send’ service: as part of the citizenship application process through the Nationality Checking Service (NCS) local authorities can make a charge to the applicant to check an application for completeness, make copies of documents and send the application to UKBA for consideration. Some local authorities (91 in total across UK, Conwy in North Wales) already offer this service. The consultation document suggests a rollout of this provision for more local authorities to offer this service, in addition to expanding it to include the provision of simple advice and sign posting as well as performing a pivotal role in co-ordinating relevant local authority functions to provide holistic services to the migrant.
2. The proposals suggest that local authorities should be considered in the delivery of ‘Orientation days’, which are events for migrants to learn about British values, social norms and customs, rights and obligations, fire safety, heath advice etc. to facilitate migrants integration into the community
2.5 Officers have considered the proposals detailed within the consultation document and have prepared a draft response this is attached at Appendix 1.
3. RECOMMENDATIONS
3.1 That Members:
(i) approve the proposed response to the UKBA consultation ‘ Earning the Right to Stay’; and
(ii) note the requirements that may be placed on the Council as a result of the earned citizenship system being established.
3.2 that this matter be dealt with as an urgent item of business in accordance with Standing Order 43(1) of the Council’s Standing Orders.
REASONS FOR RECOMMENDATION
To ensure that Members of the Council are aware of UKBA proposals for introducing a ‘points based system’ requiring migrants to the UK to earn citizenship; and for the Councils response to be submitted within the agreed deadline.
Rebeccah Lowry
Divisional Manager – Social Inclusion
4. BACKGROUND INFORMATION
4.1 In the introduction to the UKBA ‘Earning the Right to Stay’ consultation paper, Phil Woolas, Minister of State for Border and Immigration states that ‘Migration brings significant benefits to the UK and its economy; bringing new skills and talents, increasing the flexibility of our labour market, and improving productivity. But migration can also bring challenges. We know, for example, that migration is a significant factor in the UK’s rising population. In order for migration to work for the UK, it must be carefully managed and respond to the changing needs of the country’.
4.2 The UK Government has already made fundamental reforms to the immigration system to control migration. To complement these changes as part of the Borders, Citizenship and Immigration Act July 2009 they are introducing a system of earned citizenship.
4.3 They are now seeking views on how these principles can be strengthened and built upon through a consultation paper prepared by UK Border Agency (UKBA) ‘Earning the Right to Stay’ A new points based test for citizenship. The Executive Summary of which is attached at Appendix 2, the full consultation paper is available on the UKBA website.
4.4 One of the key principles of the new earned citizenship system is to encourage cohesion; to help build communities where people get along together, feel empowered, and play an active role. The UKBA want to ensure that for those who have earned the right to, or are on the path to British citizenship are given the support they need to integrate into the community. They are therefore proposing to look afresh at the provision of integration support and at the requirements for knowledge of English language and life in the UK that is placed on new citizens, and are seeking views on other ways in which migrants can be supported as they integrate into UK life.
4.5 One of the drivers for this aspect of immigration reform has been results from a Mori poll, carried out for the Home Office, which revealed that 70 per cent of the public think that newcomers should earn the right to stay in Britain. The Government wants migrants, who wish to make Britain their long term home, to integrate fully into our society. Earned Citizenship creates a clearer journey towards becoming a British Citizen by putting in place a three stage path, which will include a new ‘Probationary Citizenship’ stage. It will change the way migrants progress to citizenship, making sure that the people who come here and who look to build a new life in Britain have earned the right to do so.
4.6 The new citizenship system will further ensure the rights and benefits of British citizenship are matched by responsibilities and contributions made to Britain, ensuring that newcomers earn the right to stay by learning English, paying taxes and obeying the law.
4.7 In total the consultation comprises of 27 questions. Whilst all proposals and questions will be of interest to Members many of the questions refer to proposals that do not directly impact on the services of the Council and require a yes/no/don’t know response, there are two specific proposals that do refer to additional services of the Council that Members will want to consider and ensure an appropriate response. (The full response is attached at Appendix 2).
4.8 Firstly the rollout of a ‘check and send service’, questions 8 and 9. The Nationality Checking Service (NCS) initiative is a voluntary partnership between the Home Office UK Border Agency, LACORS and local authorities across the United Kingdom. Locally, Chester, Liverpool, Manchester, Shropshire and Conwy currently offer the service. NCS is aimed at people wishing to apply for British citizenship and is intended to increase the proportion of applications received by UK Border Agency which may be completed without further enquiry. In return for an administration fee, local authorities check citizenship applications for completeness and accuracy before forwarding them to UK Border Agency. They will also photocopy and certify valuable documents such as passports, before returning the originals to their owners. Local authorities offering the service are registered with the Office of Immigration Services Commissioner (OISC) to check nationality applications.
4.9 It is the view of officers that the NCS could promote the social well being of an area. The acquisition of citizenship has been identified by government as an important aspect in promoting community cohesion and if the local authority is able to make the process of applying for citizenship less problematic it would presumably contribute to this aim.
4.10 In principle, the current NCS is capable of being enhanced to provide a ‘check and send’ service for Earned Citizenship. In large population areas the level of desire or need that exists for such a service is very apparent, but in other areas, where take up could be low, a decision would have to be made as to the cost-effectiveness of providing such a service directly or by ‘sign-posting’ to other areas where the service is provided.
4.11 More information would be needed on the extent of the extra work involved with any enhanced provision, and how the new element would be paid for.
4.12 It is worth noting that according to the consultation paper 48% of British Nationality applications come through the Nationality Checking Service. In Wrexham the total number of ceremonies that have been held since 2004 are as follows:-
2004 - 19 citizens in which there were 3 family groups.
2005 - 39 citizens in which there were 3 family groups
2006 - 68 citizens in which there were 12 family groups
2007 - 97 citizens in which there were 18 family groups
2008 - 53 citizens in which there were 6 family groups
2009 (to date) - 71 citizens in which there were 10 family groups
4.13 Using the above figures as a guide, only 48% of the new Citizens of Wrexham would have used the current checking service, but if an enhanced service is provided to all prospective new citizens the take up would obviously increase.
4.14 The paper indicates that it is not the intention to seek to place a duty on local authorities to deliver this new service, but to extend the number of local authorities working voluntarily in partnership with the UK Border Agency to deliver increased geographical coverage. The paper states that it is expected that the new service would operate on the basis of full cost recovery.
4.15 There is potential for the service to extend into the provision of simple advice and signposting as well as performing a pivotal role in co-ordinating relevant local authority functions, to provide a holistic service to the migrant.
4.16 There is an understanding that the service would be provided by the Registration Service, as the service is responsible for the arrangement and performance of Citizenship Ceremonies. However, more consideration of available resources would need to be given if the Authority was to provide a holistic service to the migrant.
4.17 Secondly, a proposal for ‘orientation days’ to take place for migrants in order to facilitate integration into local communities (questions 14-20). There is an indication in the paper that these would be run by local authorities although a question is asked ‘Who do you think orientation days should be run by? Local authorities are listed alongside employers, both or other. (question17).
4.18 There is a benefit to provide orientation days for migrants, in order to facilitate migrants’ integration into the local community, whilst providing local authorities with valuable data about who is living in the community and enabling them to reach out to new arrivals.
4.19 In addition orientation days could provide an opportunity to introduce migrants to the democratic processes. Currently, in Wrexham local members are invited to attend citizenship ceremonies and Electoral Registration staff attend and explain the requirements for electoral registration, and Identity and Passport Agency Staff also attend to give new citizens an opportunity to speak to them.
5 CONSULTATION
5.1 This response has been collated by officers of the Councils Legal and Democratic services and Economic Development departments Lead Members for Community Cohesion and Co-Chairs of Corporate Governance and Policy Scrutiny Committee have been consulted.
6 SCRUTINY COMMITTEE COMMENTS
6.1 This document has not been discussed at a full Scrutiny meeting. Co-Chairs of Corporate Governance and Policy Scrutiny Committee have been consulted as per the Council’s protocol for dealing with consultation documents but felt there was insufficient time to make a considered response.
7 IMPLICATIONS
7.1 Policy Framework
The implementation of the UKBA Earned Citizenship system seeks to support community cohesion and integration which supports the priorities in the Councils Community Cohesion Strategy.
7.2 Budget
There are no budget implications in making a response to UKBA, although members will want to consider potential budget implications that may result in July 2011, when the details of the earned citizenship element of the ‘Borders, Citizenship and Immigration Act 2009’ are implemented in July 2011.
7.3 Legal
Any legal implications are referred to in the main body of the report.
7.4 Staffing
This response has no staffing implications. However as per the budget comment above members will want to consider potential staffing implications that may result in July 2011, when the details of the earned citizenship element of the ‘Borders, Citizenship and Immigration Act 2009’ are implemented in July 2011.
7.5 Equalities
The UKBA are responsible for assessing the impact on equalities associated with the details of the proposals in this report. The Council will be required to assess the impact of any services that it is required to deliver as a result of these proposals being implemented (July 2011).
BACKGROUND PAPERS / LOCATION / WEBSITE INFO.Earning the Right to Stay / Members Library / www.ukba.homeoffice.gov.uk
CITIZENSHIP CONSULTATION: RESPONSE PRO-FORMA APPENDIX 1
Home Office logo
UKBA Logo
Earning the Right to Stay: A New Points Test for Citizenship
August 2009
Completed consultation pro-formas should be sent no later than midnight on Monday 26 October 2009 to the following address:
Electronic:
By post:
Citizenship Consultation,
UK Border Agency,
11th floor, Apollo House,
36 Wellesley Road,
Croydon CR9 3RR