Annex 12
IMMIGRATION AND ASYLUM ACT 1999—FLEXIBLE
CONTROL ARRANGEMENTS
The Immigration and Asylum Act 1999 and the Immigration
(Leave to Enter and Remain) Order 2000 provide the means whereby
greater operational flexibility may be introduced. This legislation,
combined with the enhanced powers to require passenger information
provided by the Immigration (Passenger Information) Order 2000
will enable the Immigration Service to identify and expedite the
movement of large numbers of genuine passengers and to deploy
staff more effectively, so freeing resources to focus on those
who seek to undermine or circumvent the immigration control.
The Immigration (Leave to Enter and Remain)
Order 2000 provides for leave to be given, refused or varied before
the person concerned arrives in the United Kingdom or for leave
to be granted in alternate ways on arrival. This will enable the
Immigration Service to pre-clear low risk groups of passengers,
such as tour groups or cruise ship passengers or to deal with
them in a more flexible way on arrival, thereby providing an enhanced
service to passengers and carriers and freeing resources to concentrate
on more productive areas of work. Under this Order, notice of
the decision to grant leave to enter may be given in writing,
by facsimile, electronically or, in the case of visitors, orally.
The notice may be given to a responsible third party, such as
a tour operator, a port manager or owner or agent of a ship, aircraft
or train. The power to grant oral leave to visitors could, for
example, be used to clear coach passengers as a group without
the need for each passenger to disembark and be examined individually
by an immigration officer. In addition, the legislation allows
for immigration officers to operate the control abroad where this
offers an advantage, though such an arrangement would require
both the agreement of the host government and possible enabling
legislation in the country involved. One of the major advantages
of the legislation is that it provides for the control to keep
pace with future developments in technology, for example in using
means of identification such as biometrics (the electronic storage
of a person's physical characteristics, such as hand geometry
and eye scanning) which will enable passengers to pass through
electronic controls.
It is essential that the use of these flexible
arrangements should not compromise the effectiveness of the control.
There must be judicious use of risk assessment techniques, supported
by an intelligence led approach to passenger traffic.
The ability to grant or refuse leave to enter
in advance of arrival relies on the Immigration (Passenger Information)
Order 2000 which empowers an immigration officer to require carriers
to provide advance passenger information. Provision of this information
(which comprises name, date of birth, gender, nationality, document
number and document type), will enable the Immigration Service
Manager to make a risk assessment of the passengers and will inform
his decision on whether pre-clearance or expedited clearance is
an option. It is not intended to impose a general requirement
on carriers to provide this information. It will only be requested
when a particular service has been identified as appropriate for
flexible clearance. We believe that this will work to the advantage
of the carriers and the travelling public alike.
In addition under the passenger information
order, an immigration officer may require a carrier to provide
access to information held in carriers' booking systems. Access
to this information will enhance the intelligence effort to achieve
more effective targeting of racketeers, facilitators and those
who seek to undermine the immigration rules.
Part II of the Order allows for an entry clearance
to have effect as leave to enter. Provided that practical arrangements
are in place, this will apply to new style entry clearances issue
from 30 July 2000 onwards. At present, anyone applying for an
entry clearance in order to travel to the United Kingdom has the
application considered by an entry clearance officer (ECO). Having
satisfied the ECO and been issued with an EC, the holder travels
to the UK where he/she is interviewed again by an immigration
officer. By providing for an entry clearance to have effect as
leave to enter, this duplication of work will be eliminated. The
new visas will bear the conditions attaching to a person's stay
in the UK. The immigration officer will however retain the power
to examine an EC holder on arrival where this appears warranted
and, where appropriate, will be able to suspend the leave conferred
by the entry clearance.
Part IV of the Order makes provision for leave
to enter or remain not to lapse on departure from the Common Travel
Area. This measure, which will come into force on 30 July 2000,
will apply to persons given leave to enter for more than six months.
It is anticipated that it will expedite the clearance of long-term
work permit holders and students. As with holders of the new style
visas, an immigration officer will have the power to examine passengers
with continuing leave if appropriate and to suspend the leave
should it appear right to do so. This and the provision for visas
conferring leave to enter will obviate the need in most cases
for further interview and the stamping of documentation. Both
allow for rapid clearance at the immigration control and promise
substantial time and resource savings, with improved service to
passengers.
The secondary legislation, providing the powers
to commence implementation of all these measures on 30 July 2000,
is now in place having completed its passage through Parliament
on 28 April 2000. Work is being overseen by the Flexibility and
Passenger Information Project to ensure that staff in the UK and
abroad are trained, that the new visa vignettes will be in readiness
and that the necessary upgrading of the Port Administration System
will have been completed by the target date. It is now intended
to move towards resourcing to risk by way of a new project designed
to identify the necessary structure and mechanisms required.
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