Nationality and Borders Bill and refugee support

By Vibha Sameer Angre, legal intern

The Nationality and Borders Bill is the newest and biggest fix to the current asylum system in the UK. 

It has been introduced following the government’s New Plan for Immigration. This bill is aimed at controlling those who enter the UK illegally.

Home Secretary Priti Patel on 19 July 2021 in the second reading of the Nationality and Borders Bill announced a strengthened approach for refugees in genuine need. 

The three-fold plan targets:

1. Granting indefinite remain to resettled refugees 
2. Emergency re-settlement mechanism 
3. A pilot scheme to help skilled refugees

    

Indefinite Leave to Remain for Resettled Refugees

The system prioritises the most vulnerable and does not focus on those who could have gotten asylum anywhere else.

The way one enters the country will have an impact on their asylum case. 

Therefore, the vulnerable will be protected through safe and legal routes, and those who abuse the system shall be removed if they do not have the right to enter the UK. 

From the month of October, refugees who resettle in the UK using one of the Resettlement Schemes will be granted indefinite leave to remain.

Those who resettle under the UK Resettlement Scheme will be permitted to live in the UK for five years, after which they can apply for indefinite leave to remain free of cost. 

Emergency Resettlement Mechanism

A pilot of an emergency resettlement mechanism is said to begin this autumn. This scheme focuses on refugees in need of emergency resettlement from anywhere in the world. The UN refugee agency (UNHCR) will identify these vulnerable people. 

Those in emergency situations, like those in need of urgent medical care, or who are at risk of being returned to a country where they face persecution or harm can be protected under this scheme. 

This scheme works in the same way the UK Resettlement Scheme does, except on a shorter timescale. The aim of this scheme is to enable quick resettlement in a matter of weeks. 

Pilot for Skilled Refugees- Displaced Talent Mobility Pilot 

The Displaced Talent Mobility Pilot is a scheme to help displaced people from Jordan and Lebanon with their UK work permit applications.

The current goal is to help up to 100 hundred people over the next two years from Jordan and Lebanon secure sponsorship from UK employers and apply for a visa under the points-based immigration system in the UK. 

This is a tailored version of the Skilled Worker visa and is a complementary pathway to the existing asylum system. 

The broad plan requires displaced people to:

• Secure a job offer from a licensed sponsor 
• Meet the minimum salary requirement threshold
• Meet the English language requirement

   

In addition:

• Displaced people will be granted a five year visa after which they can apply for settlement 
• They will be allowed to change employers once in the UK 
• They may bring in eligible dependants.

   

Step-by-step Plan for Employers

Employers in the UK have shown a great deal of interest in hiring displaced people even before the pilot was broadcasted and there are high hopes that this pilot will be a success. 

An employer need only follow three steps to hire a displaced person under this pilot. 

Step 1: Employers need to identify their preferred candidates. Talent Beyond Boundaries’ talent catalogue contains up to 26,000 highly qualified displaced people. 

Step 2: Once the candidates have been identified, the next step will be to facilitate interviews for these candidates. International Organisation for Migration are initiatives that can help with the logistics of setting up interviews at the refugee camps. 

Step 3: Successful candidates who have secured the job will be provided with additional help from Talent Beyond Boundaries. They will work with the employer and applicant to prepare and file the visa application. 

Countries like Australia and Canada are standing proof that pilots like this work. This is not a charitable process but a scheme that is aimed at enabling contribution and normalising displaced talent mobility.