10 Responsiveness of the UK Border
Agency
163. On the whole witnesses reported that the
UK Border Agency had initially been slow to respond to their concerns
or provide clarification, but that this situation had now much
improved and they were positive that it was engaging with them
constructively. The Immigration Law Practitioners' Association
summarised the concern voiced by a number of others:
One of the greatest problems is the lack of information…When
Tier 1 went live in the UK on 29 February [2008], the guidance
notes, which really are what explains the proper criteria, did
not become available until 29 February.[192]
John Cridland of the Confederation of British Industry
reported that:
For a long while [employers] did not have the service
level from the UK Border Agency that they felt they were entitled
to. That has created some real tensions in the run-up to the end
of November [the implementation date], but I should balance that
by saying that ministers and the UK Border Agency officials have
responded with great urgency to our concerns on that matter and
the efficiency of their service to employers is getting better
by the week.[193]
Intellect echoed this, stating:
We would like to observe generally that the preparations
at the UK Border Agency for the go live date of Thursday 27 November
were not carried out with enough care or foresight to enable employers
to have confidence that Tier 2 of the PBS would function effectively
without significant transitional arrangements being put in place…Although
there was an extremely shaky start, we have had some positive
comment around the system and the helpfulness of UKBA with questions
and concerns.[194]
NASSCOM told us that it had been "impressed
by the level of openness shown by the Home Office and its willingness
to engage with stakeholders regarding their concerns about the
proposed new rules".[195]
164. Several witnesses told us that the UK Border
Agency had taken a pragmatic approach to possible glitches in
the new system, and had exercised a necessary degree of flexibility
in practice over the initial period of implementation. Over the
rating of sponsors as 'A' or 'B' in the licensing process, John
Cridland of the CBI reported that the UK Border Agency had taken
a flexible approach:
Informally they have said to companies, "You
have not yet done enough to receive a category A but if you take
the following steps we will look at it again." Companies
have found this very helpful…that is a good example of the
Agency and employers working in partnership to make sure that
the threshold is met on a constructive basis rather than a punishment
basis.[196]
Simeon Underwood of the London School of Economics
told us:
I would like to acknowledge that UKBA have met our
needs in a number of ways. For example, the timescale has actually
been slowed down…a major change happened in terms of the
system pre-arrival where at one stage UKBA were looking for one
student, one certificate of acceptance for studies; they have
now moved to what is called multiple CASs.[197]
165. However, a number of concrete suggestions
were offered as to how UKBA could further improve its engagement
and information. John Cridland of the CBI considered that:
They have a responsibility to provide better advice,
particularly on their telephone helpline. We look forward to the
point where the telephone helpline is staffed by people who are
able to use their discretion in giving advice rather than a tendency
to read out the literal wording of regulations, which is not always
helpful to someone who has bothered to phone them, and we hope
that as we move to the next roll-out, tier 4, the guidance will
be available in appropriate time.[198]
Mr Cridland further recommended that "there
is a need to provide better guidance and advice at post".[199]
In fact, following our visit to India and Bangladesh in October
2008 we ourselves wrote to the Home Secretary with a similar suggestion,
recommending that she urgently implement the provision of better
information overseas. The letter stated:
We detected a degree of confusion and anxiety amongst
potential applicants about how the mechanics of the new system
will operate and the impact the changes will have on their eligibility
to apply for visas and the application process itself. For example,
many were concerned that one visa refusal would affect any subsequent
visa applications. UKBA staff who accompanied us were able to
clarify the situation and allay this fear on the spot.
It seems to us that these anxieties are not matters
of policy, but simply call for effective communication of the
changes. We therefore consider that, as part of the implementation
of the PBS, it would be very helpful for UKBA and UK Visas staff
to hold a series of 'advice centres' or 'drop in centres' in major
cities in India and Bangladesh. Such centres would give an opportunity
for potential applicants—both individuals and businesses—to
clarify any questions immediately, and would aid the smooth implementation
of the system. We recommend that advice sessions take place in
Delhi, Mumbai, Chennai, Dhaka and Sylhet, and should be held before
the implementation of the next tiers on 30 November 2008.[200]
166. Simeon Underwood of the LSE observed that
difficulties in communicating with UKBA had been in part caused
by the different organisational elements operating within UKBA,
including policy, operations and IT officials:
In meetings we have had with them on a number of
different occasions we have dealt with different individuals and
had to go back to the start on certain issues, and we still have
a residual nervousness that what the policy people are saying
to us might turn out to be different in practice over time.[201]
167. It is clear that the UK Border Agency
was initially slow in providing adequate information about the
operation of the new system, and in some cases failed to provide
vital guidance in advance of tiers going live. However, our witnesses
agreed that the Agency has done much to remedy this situation
and has made concerted efforts not only to engage in constructive
and timely dialogue, but also to display a willingness to adjust
the system where stakeholders have demonstrated that it is desirable
on a point of principle or pragmatism to do so. This is to the
UK Border Agency's credit. It is crucial that it continues to
demonstrate pragmatic flexibility, especially in the first months
of a new system.
168. However, there are a few specific areas
in which UK Border Agency can clearly improve its engagement and
communication. These are: to improve the quality of advice and
knowledge of staff available through its telephone helpline; to
increase the quality of advice and guidance available at overseas
posts; and to ensure that the different parts of the UK Border
Agency are communicating effectively, to guarantee that promises
or decisions made by policy-makers in the design of the system
are always enacted by operational staff, wherever in the world
they are located.
192 Q 56 Back
193
Q 128 Back
194
Ev 216 Back
195
Ev 123 Back
196
Q 141 Back
197
Q 293 Back
198
Q 129 Back
199
Q 151 Back
200
Chairman to Home Secretary, 15 October 2008 Back
201
Q 294 Back
| 
