Category: immigration history

The remedy Commonwealth citizens need – not ‘amnesty’ but compensation!

The news media has finally come alive to the fact that grave injustices are being done to a group of people who have lived, worked, paid taxes, raised families, etc, etc for the last forty years or so and who now find their status as legally settled persons under challenge from NHS bureaucrats, private sector landlords, employers, bank officials, and the DVLA. Even worse, some of them are being banged up in detention centres and threatened with deportation.

We are, of course, talking about the citizens of Commonwealth countries who were settled in the UK before the all-important 1971 Immigration Act came into force. This piece of legislation granted the status of permanent resident of the UK to these people and with it the assurance they could go about their lives on a basis which approximated to British citizenship with a few exceptions, until the day they die. For more on the legal background to this see Nick Nason’s excellent blog at the Free Movement blogspot.

What we now know is that the people who benefited from this status all these years ago are now in the cross-hairs of the Home Office’s efforts to track down people in an irregular position to ramp up immigration enforcement statistics. To accomplish this task the authorities have rolled out a ‘hostile environment’ programme which requires all sorts of third parties – employers, landlords, hospitals, high street banks, police officers checking driving licenses – to inquire into the immigration status of anyone they come across during the course of their business. This will often mean checking with the Home Office’s Visas and Immigration department to see what information they hold on the person being dealt with.

Victims, victims, victims….

If this happens to you, welcome to a whole world of pain. The Visas and Immigration people have only very incomplete records of people who are legally resident in the country and an inquiry that concerns someone who arrived in 1966 as an infant, often on her mother’s passport, will not show up on any database as showing someone entitled to be here. This triggers a reaction in which the person is refused the service they have applied for on the grounds that they have not established that they are legally present in the country.

Being refused a job you have applied for, or being told by your landlord that you must quit the premises is bad enough, but it is made even worse by the initiation of investigations by Home Office officials about your position which can, and has, led to people being arrested, detained, and even deported.

Some of the victims have received coverage in the press in recent weeks. There is Sarah O’Connor for example, who arrived in the UK with her mother at the age of six. After losing a job she had held for 16 years she applied for Jobs Seekers Allowance and was challenged by the Benefits Agency to prove she was here with a legal immigration status. Documents showing she had been to school in England, had worked and paid taxes all her life, and much else are deemed unsatisfactory. Not only was she refused unemployment benefits she has also been told she cannot work in the UK. Now heavily in debt because of this enforced lay off she now lives in fear, after 51 years residence, of a knock on the door which will signal the start of a deportation process back to a country she hasn’t seen since she was a toddler.

Or Paulette Wilson, a 61 year old grandmother who spent a week in Yarl’s Wood detention centre under threat of deportation for not having documents relating to her entry into the country, way back in 1968, when she was aged 10. Or Renford MacIntyre, a 64-year old living in the UK since 1968, and now made homeless, sleeping on a sofa in an industrial unit, because he doesn’t have the papers the authorities now say they need.

We’ve got just the form for you!

The Home Office has taken a significant step in acknowledging the distress that their hostile environment regulations are now causing people with the legal right of residence but are without the papers they claim are now needed to prove they meet the increasingly exacting standards of the immigration control system. They excuse themselves for the distress being caused to people in this situation by saying the measures are ‘proportionate’ and justified by what they call the need to ensure that immigration is rigorously controlled. They claim that people who do not have the documents needed to prove their legal status can apply for a “no-time-limit” biometric identity card which provide the evidence which employers, landlords, banks, the benefits agency, the NHS, etc, now require from people.

Sounds reasonable, but what is actually involved in applying for a biometric card? The Home Office has set this out in a guidance note for Undocumented Commonwealth citizens resident in the UK which appeared on their website on 13 April.

The guidance links to the application form for the no-time-limit biometric card, which turns out to be 21-pages long and which requires that “documents proving identity” and “evidence of continuous residence in the UK throughout all of the years since initial entry be provided. An experienced legal advisor will have a good idea what that might be – school attendance records, registrations with GPs, national insurance contributions, landlord testimonials, and maybe letters from church ministers to cover any period when the person was in the UK but not actively working, for whatever reason. Bear in mind that this is to cover a period that might be as long as 50 years – may be more – so expect to find that schools attended decades ago might no longer be in existence, GP surgeries closed and doctors deceased.

It is no wonder the Home Office guidance recommends that anyone contemplating the action gets advice from a qualified legal expert. It might have mentioned there is no legal aid for this type of work and lawyers willing to take the work on a private basis are increasingly hard to find. But don’t despair, a solicitor will eventually be found at the right price, though it is likely you, won’t be able to afford it….

The Home Office for the application itself is £229 – more if dependent family members are included. All-in-all I wouldn’t expect to be able to complete the whole application package, obtain the documentary evidence needed, and pay for the help from an advisor for much less than £1,000.

Remember that the people who find themselves have to make this application are likely to be in this position because someone has refused them a vital service, and this will probably have triggered a chain of events which has led to them being dismissed from a job and unable to get one, refused benefits, and heavily in debt through efforts to survive without an income. In these circumstances £1,000 is not just a large sum of money – it is an impossibly large sum of money.

Compassion….?

In the meantime the Caribbean High Commissions and Church of England bishops have issued a call for compassion from the Home Office and a please for special help to get the problems caused to this group of residents sorted out. Expect the Home Office to be slow to grant this. The idea of an expedited application procedure with lower evidential requirements will send shivers down the spines of Home Office honchos who will fear an avalanche of applications coming in from people with claims they will be inclined to see as dubious to say the least.

Commonwealth citizen well-wishers are also on the scene, using on-line petitions to raise a call for an ‘amnesty’ for anyone arriving the UK between 1948 and 1971. Ignore for a moment the fact that the cut-off date for one group is actually 1 January 1973, and also that a large group of people equally the victims of the ‘show-us-your-papers’ culture arrived as minors after this later date, and we have to ask whether this idea of an amnesty is likely to provide a remedy.

Firstly, amnesties are usually requested by people who have committed some sort of wrong in the past and who wish to be forgiven for their transgressions. What have these Commonwealth citizens done wrong? They established a legal right to be here at the time they entered and throughout all the long years of their residence have satisfied anyone who needed satisfaction – including official government departments – that they are lawfully settled. The burden of proof should surely be reversed. Instead of people in these circumstances showing that they are legally resident, and it being assumed that until they do so they are not, it would be simple to require the Home Office to positively state its reasons for believing that a person is not lawfully resident and set out their reasons for holding to this belief. In the absence of this evidence supporting this accusation the person concerned ought to be accepted as a lawful resident.

In place of amnesty, compensation….

Instead of ‘compassion’ and ‘amnesty’ supporters of the rights of tis group of long-settled migrants should be calling the government to account for its grossly disproportionate action in exposing them to them to the callousness of the hostile environment. The fact that so many victims of these measures have the same characteristics – i.e. the children of people from the countries of the Caribbean – then the question of whether the policy is institutionally racist ought to be tested in the courts.

The McPherson ruling on what constitutes institutional racism sets out the real frame of reference by which we judge the Home Office’s actions in these matters. As the judge set in his report on the failings of the Metropolitan Police into the death of Stephen Lawrence:

“The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin […] [which] can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people.”

The ‘professional service’ that legally-resident Commonwealth citizens require from the Home Office is one that says the evidence of a lifetime of residence, work and compliance with the law in the UK ought to be accepted without the imposition of demands for proofs which are onerous, burdensome, and excessively expensive. When this evidence is callously discounted, causing immense hardship and fear to an individual, then what is needed is not an amnesty, but compensation, and lots of it. Who’s going to start a petition demanding that?

1968: The year it all went horribly wrong for immigration policy

The UK will be marking two significant anniversaries with regard to the history of immigration policy during the course of 2018, neither of which give any cause for rejoicing.

In chronological terms, the first of these occurred on 1 March, which marks 50 years since Royal Assent was given to the Commonwealth Immigrants Act of 1968.

This was the second piece of legislation addressing the issue of the migration of people from the countries of the former British empire, the now Commonwealth, who once had the right to freely enter the United Kingdom to take work and settle. The first Act, passed in 1962, had ended this open door policy and had made Commonwealth citizens the subject of immigration control.

The 1968 legislation is best known for its effect in stripping a group of people who had the status of British citizen (at that point known as ‘Citizen of the United Kingdom and Colonies’) of the right to the UK with exemption from immigration control. The target groups were people primarily from the countries of the Indian subcontinent who had migrated at the time of British colonial rule to a group of countries in East Africa to serve roles in railway construction, trading, administration and as civil service officials in the new countries.

As the East African colonies became independent states during the course of the 1960s the issue of the status of these people became ambiguous. The main countries concerned – Kenya, Malawi and Uganda – adopted constitutions which automatically awarded citizenship to people considered to be native African but withheld it from those who, even though long-settled and even born in the country concerned, were of south Asian ethnicity. Most in this category retained the status of Citizen of the UK and Colonies, which until then had been identical to that held by a person born on the territory of the island of Great Britain and the province of Northern Ireland.

The 1968 Act was famously rushed through all the stages of Parliamentary procedure in 48 hours by a Labour government keen to appease feelings of antipathy towards these ethnically south Asian British citizens who were beginning to exercise their right to come to Britain in response to the ‘Africanisation’ policies being pursued by the governments in the countries in which they had been residing. This meant imposing immigration controls on people who had an indisputable claim to be citizens of the United Kingdom because of, as it was put at the time, their service to the ‘mother country’. It achieved this through the use of a cynical device which aimed to distinguish between different types of British citizen based on the invention of a concept of ‘patriality’.

The patriality scam

Patriality referred to the route by which a British citizen had acquired that status. Patrial British citizens were usually people who had the right to a UK passport because they were either born (or naturalised) in the UK, or, if born outside the UK, it was to a parent who were themselves born in the UK, or otherwise naturalised in the UK at the time of the person’s birth.

The category of non-patrial citizen referred to people who had the status of Citizen of the UK and Colonies but had acquired this through a connect with a British colony or protectorate rather than the ‘homeland’ territory of Great Britain and Northern Ireland. The significance of all this was that the vast majority of patrial British citizens were white, whilst their non-patrial counterparts were brown. By making this distinction between two groups the UK government had enshrined a racially discriminatory principle, not just into law, but into an area of law which is considered by be fundamental to the constitution of all law and governance itself.

The 1968 Act revealed attitudes in the ruling political circles which showed that the views of Conservatives and Labour figures differed very little when it came to the position of immigration. The cabinet minister and political diarist, Richard Crossman noted that only one Labour minister, the Commonwealth minister George Thomas, objected to the proposed legislation on the grounds that “would in effect discriminate against the Asians from East Africa because of their colour.” Thomas complained that, “This would contradict all that we had said on the subject.” The Labour Home Secretary, and later prime minister, James Callaghan, had no truck with this. Crossman noted in his diary that, “Jim arrived with the air of a man whose mind was made up. He wasn’t going to tolerate any of this bloody liberalism.”

The Commonwealth Immigration Act was now in place. Though modified by the passing of a further Immigration Act in 1971, the principle that immigration law could discriminate against people on the basis of their ethnicity, was as solid as a rock, and that this continued to apply to groups of black and Asian citizens who had other attributes of British citizenship.

It might have been the case that British Labour politicians felt justified in bringing racially discriminatory principles into the heart of immigration and nationality law because the public debate at that time had become so polarised around the issue of ‘coloured immigration’ that some sort of concession of the patriality type had become necessary. Some no doubt took the view that once the poison had been drained then the famed British tolerance would begin to kick in and new standards of justice applied to the newcomers. In fact, rather than contain and reduce the problem of racist antagonism to immigration, the 1968 Act only increased the intensity of the public appetite for more measures of this type.

Anniversary number two: ‘Rivers of Blood’

This is the point where we have to mention the second anniversary to be marked during the course of the current year: that of Enoch Powell’s ‘Rivers of Blood’ speech.

The former Conservative minister for health and, at the point of making the speech, opposition spokesperson on defence, delivered this most notorious contribution to the public discussion on 20 April 1968 to a meeting of members of his party in Birmingham. Whilst the controversies around the Commonwealth Immigrants Act raged on he acted to maintain heat around the subject with a dose of rhetoric that was shocking for the explicit racism of its tone. In his delivery he predicted that “In this country 15 or 20 years time the black man will have the whip hand over the white man.” He claimed that he was giving voice to “the decent, ordinary fellow Englishman, who in broad daylight in my own town says to me, his Member of Parliament, that his country will not be worth living in for his children.”

The speech’s language worked hard to portray “ordinary English people” as a “persecuted minority”, beset by “grinning piccaninnies” and steadily being deprived of hospital beds, places at local schools, homes and access to opportunities for employment in decent jobs. In setting out this narrative Powell aimed to build on the recent achievements of the right wing in the form of the two Commonwealth Immigrant Acts and to extend this further by measures that would bring about the wholesale repatriation of the resident ‘coloured’ community.

In its own terms the speech was a sinister but brilliant inter-weaving of anecdotes and supposed facts about the significant challenges that exist during times of rapid social change but set firmly within the context of a profoundly racist view of the world. He opined that the “marked physical differences, especially of colour” inevitably made integration a difficult prospect that only a portion of the newcomers would be able to accomplish. The rest, giving the Indian Sikh community as an example, would insist on “communal rights” that would lead to a fragmentation of British society.

Powell threw out the challenge to his audiences to escape the fate that was portended by immigration. Though his own chronic aloofness from the people on whose behalf he claimed to speak prevented him from playing the role of a genuine leader of a populist Powellite movement, the Rivers of Blood and other speeches given during these fateful months did spark an insurgency in support of the demand for repatriation which made an impact on sections of the trade union movement. It also encouraging a revival of the hard-line fascist right wing under the banner of the National Front movement which worked to stir up antagonism against black communities right up until the mid-1970s.

Hardwired principles

The 1960s appear as crucible years for the forging of immigration policy and they have continued to have their effect until the present time. The principles that were hammered out made it legitimate to draft new laws and policies in accordance with populist, anti-immigrant moods. A ratchet effect operated that held in place the restrictions on rights that had been conceded to the waves of xenophobia across the years and held this as the starting point for the next wave of measures considered necessary to address sets of supposed crises dealing with, depending on the times, a family reunion, refugees, or, most recently, migrant workers. Liberals argue that such concessions are necessary to ‘steady the ship’ and signal to insecure citizens that the elites understand their anxieties. But this comes at the high price of forever stripping away fresh layers of what were once considered to be the rights due to any person living a reasonable life and causing no harm to any fellow resident.

The legacy of the legislation and the political debates of these earlier decades is the ‘hostile environment’ which embraces all immigrants – and now no longer just those who can be distinguished by their colour. There are hopefully signs that at long last social movements are coming into existence which acknowledge the fact that you can go so far in foreclosing on the rights of immigrants that you reach the point that the civil and human rights of all citizens are in jeopardy. We reached that point some decades ago. As younger voices begin to be raised against immigration injustices there are signs that informed, educated public opinion is finally moving, but still at a rate that is rather slower than what is needed.