UK’s sweeping asylum law changes: How will they impact refugees?

UK’s sweeping asylum law changes: How will they impact refugees?

Before proposals for major government changes that would end refugees’ automatic right to permanent residency in the UK, home secretary Shabana Mahmood claimed the country’s asylum system is “not working” and is “putting communities under enormous strain.”

Speaking to the BBC on Sunday, Mahmood said undocumented migration is “tearing the country apart”.

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The government’s proposals, to be unveiled on Monday, will have two main prongs. First, they would put an end to refugees’ automatic transition to settled status after five years. Second, they would forbid those who have the right to work and are able to provide for themselves from receiving state benefits.

After a summer of fierce protests outside&nbsp, hotels&nbsp, housing asylum seekers and an anti-immigration march in London, Mahmood also announced new plans to curb small-boat crossings from France as well as to return refugees to their home countries once it is safe to do so.

What are the numbers for immigration right now?

Net migration, or the number of people entering a nation minus the number leaving, has increased by 200, 000 to 300, 000 people annually since 2011, according to figures from the Office for National Statistics (ONS).

However, after Brexit was enacted in 2020, there was a large increase in the number of undocumented immigrants entering the UK. According to ONS data, net migration increased to 906, 000 over the course of the 12-month period until June 2023.

However, more recent statistics revealed a sharp decline in those figures since then. Net migration figures dropped by more than half in 2024 – to 431, 000. The decrease in the availability of student visas and healthcare was largely attributable to this.

Despite the media’s coverage of people entering the UK in small boats from France, this group only accounts for a small portion of the country’s total population. In 2024, for instance, the Home Office found that 36, 816 people who arrived in the UK came via small boats. &nbsp ,

Last year, 108 out of 138 people applied for asylum. Of those, only one-third came via small boats. As a result, the majority of asylum applications were processed formal (and included some of the people’s dependents).

Despite the declining numbers, there is still a lot of unease with the ruling Labour Party. In an August YouGov poll, 38 percent of respondents said they believed Reform UK, an anti-immigration party, would be more effective at handling asylum cases than Labour, who secured just 9 percent of the tally.

What modifications has the government announced?

citizenship acquiescement

On Monday, the government is expected to&nbsp, announce&nbsp, a shift from permanent settlement for refugees to a temporary-protection model.

The current regulations allow for an “indefinite leave to remain” request, allowing for the right to citizenship, for refugees who have been granted asylum to remain in the UK for five years.

However, under the new regulations, those seeking permanent residency in the UK must first apply for asylum for up to 20 years.

In addition, people granted asylum would have to renew their status every 30 months to see if the situation in their home country has changed such that UK residence is still required.

Social benefits are available to you.

Mahmood said she intends to end the government’s legal obligation to provide all asylum seekers with basic financial support.

The government is expected to withdraw support from asylum seekers deemed able to work as well as from those people who commit offences, ignore removal orders or work illegally.

If their asylum claim has been delayed for at least a year, or longer, asylum seekers may now apply for employment.

What are the claims of refugee rights organizations?

Enver Solomon, chief executive of the Refugee Council charity, said that instead of deterring migrants, the 20-year path to citizenship would “leave people in limbo and experiencing intense anxiety for many, many years”.

He stated on Sunday on BBC Breakfast that “we need a system that is controlled and fair, and the way you do that is you make decisions fairly, in a timely manner, and they go on and contribute to our communities and give back.”

According to Mahmood’s suggestion for 30-month checks, refugees could be returned to their home countries once the government believes the situation has improved, a move that was inspired by Denmark’s much-discussed policy.

Although research by the Danish Foreign Policy Yearbook has found that deterrence has limited influence on where asylum seekers travel to, a 2017 study did suggest that Denmark’s “negative branding” had led to fewer asylum applications.

What other people’s opinions of the proposals were there?

The opposition home office minister, Matt Vickers, claimed the government’s new plans to reform the asylum system contain “lots of gimmicks” while Oxford University’s Migration Observatory predicted that Mahmood’s overhaul would place the UK’s immigration system among the most restrictive nations in Europe.

He told the BBC that a “deterrent” is what is needed: “If people arrive in this country and know they’re going to get sent back, they won’t get in those boats in the first place”.

What other recommendations does the UK government make?

Using artificial intelligence to determine age

The government wants to introduce artificial intelligence-based assessments to determine the age of people who arrive without documentation. According to ministers, errors in the current system could lead to mistreatment of minors as adults or the introduction of adult-oriented care.

However, rights organizations warned that automated systems could instill prejudice, unfairly classify children as adults, and harm them.

Earlier this year, Solomon told the BBC that he was “not convinced” that using AI tools was the government’s correct approach on age identification because he has concerns about children being put in unsafe situations. He continued, “These AI] technologies continue to raise serious questions about accuracy, ethics, and fairness.”

Threatened by a visa ban for three African nations

The Home Office has said visa applications from Angola, Namibia and the Democratic Republic of the Congo will be refused unless their governments improve collaboration with the UK regarding the deportation of their nationals.

The department’s “unacceptably low cooperation and obstructive return procedures” was cited as the potential penalty in a statement.

They would be subject to restrictions “unless they consent to the return of their criminals and irregular migrants.”

Right to ‘ family life ‘ claims to be checked

The government’s interpretation of the European Convention on Human Rights (ECHR) in regard to family law is also being covered by the UK media.

According to the government, Article 8 of the ECHR, which guarantees the right to a family and private life, will be reinterpreted “to better reflect the expectations of the British public.”

The new law would likely clarify that a “family connection” refers to immediate relatives only, such as a parent or child, and not to extended family members.

What will the impact be for Ukrainian refugees?

When asked about Ukrainians fleeing Russia’s invasion, Mahmood said they would continue to be admitted under a “bespoke scheme” and would be expected to return once the conflict was over. She stressed that many arrivals from Ukraine have expressed a desire to return home.

Ukrainian refugees have access to healthcare, education, and benefits under the current arrangement. Ukrainian nationals are largely exempt from the new 20-year settlement rules for asylum seekers because these visas are only temporary.

Will there be new authorised pathways for asylum seekers to come to the UK?

Through the UK’s Afghan Citizens Resettlement Scheme, vulnerable Afghan citizens from Afghanistan are granted legal residency, employment, education, and healthcare in addition to Ukrainians.

Additionally, the BNO visa, which provides a pathway to settled and eventual citizenship, grants Hong Kong BNO status holders and their dependents the right to reside, work, and study in the UK.

Mahmood also told the BBC that new “safe and legal” avenues will be introduced to try to reduce the number of people attempting perilous crossings of the English Channel.

Organisations like Amnesty International have repeatedly emphasized that many people have no choice but to enter illegally because of strict laws and restricted visa programs.

To reduce people smuggling and fatalities, Amnesty International has called on Westminster to expand legal avenues, including family reunification, and community sponsorship.

One option would be to allow individuals and charities in the UK to sponsor refugees, echoing the Homes for Ukraine scheme, which endows local communities with housing responsibilities.

Source: Aljazeera

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