Annex A: India and Bangladesh visit notes
A delegation from the Home Affairs Committee visited
New Delhi (India), Dhaka and Sylhet (Bangladesh) between 2-9 October
2008, in relation to the Committee's inquiry into the UK Government's
points-based immigration system.
Friday 3 October (New Delhi)
Visit to VFS Global Visa Application Centre, New
Delhi
UK Border Agency Visa Services, the British High
Commission and Deputy High Commissions work in partnership with
a commercial organisation, VFS Global Ltd, to deliver visa services
in India. VFS Global manages Visa Application Centres, where applicants
submit their applications and biometric fingerscans, and pay application
fees. VFS Global staff cannot give advice on how to complete applications
or the type of visa for which an applicant should apply. UK Border
Agency entry clearance staff consider applications and decide
whether to issue or refuse visas, in accordance with the Immigration
Rules and Home Office Immigration Policy.
Members of the Committee spoke to staff and applicants
about the application process, timings and reasons for visa applications.
They saw the biometric suites and applications being processed.
The busiest period for visa applications is in April
and May, since there are many family visits to the UK over the
summer.
VFS Global gives each application a unique bar code
which allows the applicant to track the status of their application
online.
VFS Global takes biometric data from applicants.
Due to restrictions imposed by Indian data law, these biometrics
are transferred onto a memory pen and taken to the UK for checking.
The need to use memory pens slightly delays the verification process
and means that biometric data have to be captured afresh for each
new type of visa application.
Since applicants under the PBS now complete an online
self-assessment, the processes and paperwork have remained much
the same for VFS Global staff. There has been little change in
numbers of visa applicants since the PBS started.
Call on Shri Vyalar Ravi, Minister for Overseas
Indian Affairs
A new generation of Indian professionals, especially
doctors and nurses, are emigrating to the UK and the US.
Members noted that the positive messages about migration
to the UK which are given out by successful migrants exert a powerful
influence on others to migrate, but that the stories of failure
remain hidden. How was the Indian Government promoting the 'failure'
stories? The Minister reported that a film was being shown highlighting
the dangers and failures of illegal migration.
Members asked how the UK could help prevent illegal
migration. The Minister said that, for nurses and doctors, travel
should be made easier and a period of appointment finite and clear.
He considered that the demography of India was considerably younger
than that of Europe, and Europe could benefit from young Indian
labour, if only on short-term contracts.
Tour of Visa Operation, British High Commission
UKBA Entry Clearance Officers and Entry Clearance
Managers based in the British High Commission receive visa applications
from VFS Global and make decisions on entry clearance based on
the application and paperwork. Under the PBS, an applicant is
no longer able to appeal a visa refusal, but can ask for an Administrative
Review. A Review is carried out by an independent Entry Clearance
Manager (one who was not involved in the initial assessment and
decision) and is done on administrative grounds - ie. the refusal
can only be overturned if there was an administrative error in
the initial decision.
The majority of visa applications are refused on
the grounds of incomplete documentation. However, there is no
automatic refusal on these grounds. This is because applicants
are sometimes able to provide acceptable alternative paperwork.
India is a major source of visa applications to the
UK and accordingly the PBS (Tier 1) was piloted in India. Since
1 April 2008 India has processed new applications under the PBS
and transitional arrangements between the Highly Skilled Migrant
Programme and Tier 1 of the PBS (Highly Skilled Migrants). The
British High Commission in Delhi was involved in drawing up guidance
for the implementation of PBS and reporting on lessons learnt
through the pilot. Tier 1 of the PBS went 'live' worldwide on
30 June 2008. The quality of migrants and of application under
Tier 1 in India has been very high.
The PBS has been running smoothly so far - this could
be in part because forgers have not yet caught up with the new
documents and processes. However, UKBA staff have seen some glitches
in the design and implementation of the system. These include:
- Paperwork relating to salary in countries such
as India and China. It is not standard practice in some countries,
including India, routinely to pay salaries directly into employees'
bank accounts. This means that some applicants do not have the
bank slips needed for a visa application. UKBA has in these cases
accepted alternative paperwork, such as self-declared income tax
returns, but notes that these are not as secure.
- The maintenance requirement (which is £2,800
per person under Tier 1) may be too high. 65 per cent of refusals
under Tier 1 have been based on not meeting the maintenance requirement.
There have typically been two reasons for this - insufficient
savings by the applicant, and/or poor documentation. Professional
salaries in India tend not to be as high as their UK equivalents,
making it hard for even highly skilled migrants to meet this criterion.
Right of appeal has been replaced by an administrative
review by an 'independent' entry clearance manager. UKBA defines
'independent' as an ECM who was not connected to the initial decision.
This could include an ECM based at the same Post as the individual
making the initial decision. Around 15 per cent of refusals are
overturned at administrative review.
It is not possible to provide additional documents
at the review stage: the review is carried out only with the paperwork
submitted at the initial application. The review is carried out
purely on point of fact, giving the reviewer little to no discretion
on the outcome. Guidance on the PBS sets out the process of administrative
review.
Tier 2 General replaces previous work permit schemes.
Tier 2 will include multiple entry work permits. Tier 2 also contains
special provisions for categories including Sportspeople, Entertainers
and Intra-Company Transfers.
Call on Shri Shivraj Patil, Minister for Home
Affairs
Members discussed the reporting of the points-based
system by the Indian media.
Saturday 4 October (New Delhi)
Meeting with Thomas Simon, Vice President of Tata
Consultancy Services (TCS)
TCS in the UK
TCS is a rapidly growing business group based in
India with significant international operations. Revenues in 2007-08
are estimated at $62.5 billion of which 61 per cent was from businesses
outside India. The Group employs around 350,000 people worldwide.
The business operations of TCS currently encompass
seven business sectors: communications and information technology,
engineering, materials, services, energy, consumer products and
chemicals. The Group's 27 publicly-listed enterprises have a combined
market capitalisation of some $60 billion, among the highest among
Indian business houses, and a shareholder base of 3.2 million.
The major companies in the Group include Tata Steel, Tata Motors,
Tata Consultancy Services (TCS), Tata Power, Tata Chemicals, Tata
Tea, Indian Hotels and Tata Communications.
Tata Consultancy Services (TCS) has been operating
in the UK for over 30 years, currently with 4,800 employees working
at over 65 locations. 24 of the FTSE 100 are customers of TCS
UK. TCS UK revenues as at March 3 2008 stood at over $1 billion.
Understanding the PBS
In preparation for implementation of Tier 2, Tata
has held discussions between its human resources department and
its business heads. It has run an internal communications campaign
within the organisation, including questions and answers (Q&A)
on various aspects of the new system. UKBA wrote to Tata (and
other companies) and sent out useful informational material, including
in a Q&A format. UKBA also told us that it holds regular outreach
events in India, routinely writes to major business partners and
has comprehensive guidance on its website.
UK vs other national systems
Each year over 3,000 UK work permits are issued to
Tata employees. Tata Consultancy Services (TCS) is one of around
100 companies in the special "Business Express" visa
service.
The UK is Tata's second largest destination country
for employee transfers, after the US. Annually 3,000 UK work permits
are issued for Tata employees. 7,000 US work permits are issued
annually for Tata employees. Mr Simon explained that the UK visa
system compares favourably to those of other European countries.
For example, the Italian and Dutch systems are harder to navigate,
requiring more paperwork and taking longer to verify documentation.
From Tata's point of view the UK online application
system is clear and works well. The US has a similarly clear online
system. However, Mr Simon said that the US imposes an annual quota
for work permits, which is instantly filled as soon as it is opened
for applications. He considered this quota system to discourage
good business, since it prevents companies from expanding or recruiting
the skilled labour they require.
Skills shortages in the UK market
Of around 5,000 Tata employees in the UK, around
900 are British nationals. Mr Simon said that Tata advertises
vacancies in the local (in this case UK) labour market first.
Where the skilled labour required by Tata can be recruited within
the UK, the company will employ locally. However, in other cases
the skills required by customers and the business cannot be found
within the UK workforce and it is necessary to recruit quickly
from overseas. Tata pays local market salaries to all its employees.
Members asked which specific skills shortages Tata
encounters in the UK. Mr Simon explained that Tata requires certain
key specialists in project teams - such as experts in actuary
insurance or Bluetooth technology. He said that these skills could
not always be found within the UK engineering and ICT labour force.
Tata has bilateral initiatives with several British
universities to develop skills currently lacking in British engineering
and ICT graduates, but there is no wider framework for engaging
British higher education on skills development.
Mr Simon noted that the technical ability of Indian
engineering graduates is 'supreme'. However, their English language
skills are not always at the highest level. He therefore welcomed
the three year suspension of the English language requirement
for intra-company transfers under the PBS.
Round table meeting with industry stakeholders
Attendees included: National Association of Services
and Software Companies - NASSCOM; Tata Consultancy Services; HCL
Technologies; Federation of Indian Chambers of Commerce and Industry
(FICCI); Perot Systems; Genpact; Expertus.
NASSCOM is a global trade body with over 1200 members,
of which over 250 are global companies from the US, UK, EU, Japan
and China. NASSCOM's member companies are in the business of software
development, software services, software products, IT-enabled/BPO
(business process outsourcing) services and e-commerce.
NASSCOM acts as an adviser, consultant and co-ordinating
body for the IT-BPO industry in India. NASSCOM has been a proponent
of free trade, arguing for zero tariff protection, strong intellectual
property and data protection laws, deregulation of the telecoms
market and the creation of software technology parks and private
sector participation in the education system.
NASSCOM in the UK
The UK is a significant partner for NASSCOM, accounting
for 18 per cent of all its global operations. This figure is growing
30 per cent per annum. It is the second largest global partner
after the US. Based on a study carried out in 2007, NASSCOM found
that the average stay of employees of its member companies in
the UK was 18 months - the pattern of migration is therefore short
-term working rather than longer-term settlement.
On the whole NASSCOM members were positive about
the design and operation of the PBS. However there were some specific
concerns.
Home Office capacity to process sponsor registrations
All companies must register as sponsors under Tier
2 by 30 November 2008, including the 16,000 Indian companies currently
using intra-company transfers. NASSCOM has concerns about whether
the Home Office has the capacity to process this number of applications
before the 30 November deadline. NASSCOM members are in discussion
with the Home Office on this point. It was felt that extending
the deadline would not help, but more publicity leading up to
the deadline would.
Requirement that staff are employed by the company
for 6 months prior to transfer
The intra-company transfer scheme requires an employee
to have been working for the company for at least 6 months prior
to application for a UK work permit. NASSCOM members felt that
this was not always practical, especially where skilled workers
were employed for specific projects required by UK customers.
NASSCOM is lobbying the Home Office for a waiver to this 6 month
rule.
UK system vs other countries
The USA. NASSCOM noted that the US quota system issues
65,000 work permit visas annually. The quota opens on 1 April,
and by around 6 April about 150,000 applications have been submitted.
A lottery system is then used to allocate the available permits.
Mr Mittal and colleagues considered this system to be inflexible
for global companies, but particularly for US companies which
were unable to recruit the necessary skills and labour. Companies
had to anticipate 18 months in advance what their business needs
would be.
European countries. Schengen countries' visa requirements
could be hard to meet, since they require specific documentation,
such as birth certificates, which can be hard to obtain. There
is no guarantee of the timescale within which a visa will be issued,
which can make it hard to meet the needs of business clients.
By contrast the UK system was "user-friendly", taking
4-6 weeks to process a work permit, within a well-defined process.
Overall, the value of bilateral UK-India trade is
£9 billion annually. Emphasising that it was a very approximate
estimation, UKBA officials considered the Indian IT sector in
the UK to be worth £3-4 billion annually. Last year Tata
Consulting Services alone made $1 billion in the UK. 18 per cent
of the business of NASSCOM members is in the UK, representing
£7.2 billion annually.
Last year 29,000 UK work permits were issued in India,
predominantly for the IT sector. Members asked the industry stakeholders
what, hypothetically, the impact would be of a reduction in the
number of annual UK work permits issued to Indian business, from
29,000 to 5,000. Mr Mittal said that Indian business in the UK
would be seriously reduced. Most probably Indian business would
seek to move instead into East European countries, or to carry
out work remotely from India. With this latter option the quality
of work would certainly be affected. He considered that there
would be a particularly significant impact on medium-sized companies,
which couldn't afford to set up offshore centres.
Switching between permit routes
Genpact noted that some staff, having arrived in
the UK on work permits, wished to apply to switch to the Tier
1 Highly Skilled Migrant Programme. Currently migrants are able
to apply to join Tier 1 HSMP shortly after arrival in the UK,
without their employer being aware of the application. Genpact
noted that it is lobbying for changes to the rules on switching
between tiers, to include a longer initial period during which
employees are not allowed to switch tiers, and that employers
be informed when an employee makes an application to switch tiers.
NASSCOM was concerned about the increased compliance
responsibility for employers. In particular, that sponsors are
now required to inform the Home Office of any changes in their
employees' conditions. This was of concern in cases where the
employee had applied to switch to the Tier 1 HSMP without the
knowledge of their employer. NASSCOM questioned how the employer
could then be held responsible when they did not know about the
possible change in circumstance.
UKBA officials noted, however, that the onus was
only on companies to report to the Home Office if the employee
left the UK. They also raised concerns about data protection if
UKBA was asked to inform companies about the applications of their
employees to switch tiers.
Tuesday 7 October (Sylhet)
Visit to VFS Global Visa Application Centre, Sylhet
The UK Border Agency and the British High Commission
Bangladesh work in partnership with a commercial organisation,
UK Visa Application Centre, which is run by VFS Global. VFS Global
hosts a website and an email and telephone enquiry service which
provide information supplied and approved by the UK Border Agency.
VFS Global manages Centres in Dhaka, Sylhet and
Chittagong, where applications and biometric fingerscans are submitted,
and application fees are paid. VFS Global staff cannot give advice
on how to complete applications, or the type of visa for which
an applicant should apply. UK Border Agency entry clearance staff
in Dhaka process and decide the outcome of visa applications.
Members met and spoke to applicants and staff about
the process of, and reasons for, applications.
Tour of British High Commission Sylhet Office
Currently visa applications are made in Sylhet, but
the paperwork is sent to Dhaka for a decision by Entry Clearance
Officers. Visa and passport issuing takes place in Dhaka.
Members suggested that the Sylhet office ought to
be authorised to issue passports. BHC staff agreed that this could
be possible, since staff already come from Dhaka once a week to
conduct interviews.
Members raised concerns about the high instance of
forced marriage of UK citizens in Bangladesh. The BHC receives
around 20-30 calls in person each month, as well as lots of emergency
telephone calls in relation to forced marriage. Members suggested
that an entry clearance officer ought to be based in Sylhet to
conduct interviews in suspected cases of forced marriage. The
High Commission is preparing to run an information campaign on
forced marriage in Bangladesh, to be displayed in such places
as beauty parlours—popular with brides-to-be.
Roundtable conference with stakeholders of Sylhet
Members of the Committee held an open community
roundtable discussion in Sylhet with key local stakeholders from
the education, university, training, catering and cultural relations
communities. The Committee welcomed views and discussion from
participants on the new points-based system and implications for
Bangladesh. After introductory remarks by Committee members, the
local participants stated their views.
A participating academic noted that over 90 per cent
of the British Bangladeshi diaspora comes from the Sylhet region.
He queried whether the PBS would increase processing times for
visa applications, especially as the system is being implemented
in stages.
He also expressed concern over removal of the right
of appeal, and requested assurances about how appeals would be
dealt with under the new system.
A participant working in the health sector felt that
illegal immigration could be dealt with by liberalising and simplifying
immigration processes rather than tightening rules.
v A Committee
member responded that the alternative argument to 'liberalising'
the immigration process or declaring an amnesty on illegal working,
was that those employing illegal workers were knowingly engaging
in criminal activity and should be held to account.
A participant noted that Bangladesh could meet current
UK skills shortages in several areas, including: nursing; health
technicians; paramedics; teachers (especially for the British
Bangladeshi diaspora) and catering. He thought that points should
be more directly linked to the skills required for specific jobs,
and that a way of measuring the skills in specific jobs should
be developed.
He thought that media-based simple messages and/or
round table advice centres with immigration staff would help to
clarify the changes under the new system.
A participant thought that the English language requirement
for kitchen workers should be relaxed, since English was not the
language of the kitchen and therefore not necessary for them to
carry out their job. He argued that the requirement for skilled
workers under Tier 2 to have an official qualification at NVQ
3 level should be relaxed for experienced workers, not all of
whom (particularly in Bangladesh) would have official qualifications.
He also recommended that the NVQ3 requirement be explained to
workers and sponsors through informational workshops.
v Another
Committee member noted that, in order to implement a fair points-based
system, it was necessary to quantify skills. She asked how the
UK could come up with better skills-based criteria for kitchen
staff and chefs. Was the English language requirement the only
problem, or did we need to be better able to measure skills in
the kitchen?
The participant responded that often chefs do not
have 'academic' qualifications or certificates of training, but
rather had on-the-job experience. The system needed to recognise
this experience, not only formal qualifications.
A participant (a Bangladeshi teacher who had previously
taught in the UK) expressed concern about the appeal system being
replaced with administrative review. An administrative review,
carried out in the same organisation, and possibly the same department,
as the initial decision would compromise the impartiality of the
review. She suggested that there might be an interim arrangement,
whereby the previous appeals system could run for a time alongside
the new PBS.
She also noted that Bangladesh does not have a system
for training and accrediting chefs. She recommended that the UKBA
should decide upon and publish a list of acceptable NVQ3 'equivalent'
qualifications.
Ø UKBA
officials noted that a list of accredited qualifications would
be made available online for applicants to check.
The participant also questioned the English language
requirement for skilled workers, noting that the basic education
of many chefs from Bangladesh was only at primary school level.
She could not therefore see how chefs could be expected to possess
the necessary language skills.
v A Committee
member noted the suggestion that English was not always necessary
for workers in Bangladeshi kitchens, but suggested that knowledge
of English was necessary for living in and integrating into British
society. He asked whether should be no English requirement at
all, or whether it could be temporarily suspended for entry into
the UK and then taught to workers once in the country.
The participant considered that there could be a
lower level of English required for entry.
v Another
Committee member asked how changes to the immigration process
under the PBS could be communicated better.
The participant thought that informational seminars
would be useful.
A participant who worked with Bangladeshi students
wishing to travel to the UK asked whether students who had been
refused a visa under Tier 4 would be barred from re-applying several
years later. He noted that his agency had seen cases in which
a student visa had been refused, and the student subsequently
changed their name and passport in order to reapply, since they
were terrified their name would come up on some kind of refusal
list.
Ø UKBA
officials noted that, since the introduction of biometric identifiers,
the ability for an applicant to change their identity in this
way was largely a thing of the past. They explained that a visa
refusal letter set out the reasons for refusal, and that if these
reasons were addressed an applicant could reapply. There is no
time limit before which applicants cannot reapply, nor is there
a limit on the number of applications.
A participant (from the Immigration Advisory Service)
noted that an administrative review could only be carried out
on the basis of a 'factual error'. He was concerned that no good
guidance has yet been published on what a 'factual error' is.
He was further concerned about the replacement of an independent
appeal judge with administrative review by UKBA staff. He felt
that this would constitute a conflict of interest, since the reviewer
would be a colleague of the individual who made the initial decision.
v Another
member thought that the Government view was that the PBS was based
on such specific criteria as to make a solely administrative review
possible.
Ø UKBA
officials noted that this understanding of the Government's position
on administrative review was correct. The Government envisaged
the number of administrative reviews to be small, since a review
would only be based on an error of fact. They explained that the
review would be carried out by UKBA staff (in the guise of an
entry clearance manager), but that the reviews would be entirely
unconnected with the initial application decision.
A participant explained that the curry industry saw
the PBS as impacting unfairly on their industry.
v Another
member suggested that there was a feeling that the PBS may inadvertently
discriminate against those individuals who do not have formal
accredited qualifications, and that this might impact disproportionately
on certain countries or areas.
Summary
Committee members summed up the discussion. They
noted that it was an unusual and very useful step for a Committee
to gather views directly from stakeholders at such a meeting.
In particular they noted that specific concerns had
been raised on the issues of: information and clarity (or lack
of it) about the operation of the new system; administrative review;
official qualifications and training; the English language requirement;
and the clarity and wording of refusal notices.
Wednesday 8 October (Dhaka)
Tour of Visa Section, British High Commission
Dhaka
Members spoke to UKBA staff about how visa decisions
were taken, and put in a plea for better use of plain English
in visa refusal notices.
Call on Bangladeshi Government Foreign Adviser
The Foreign Adviser noted that the UK is a key partner
for Bangladesh on many issues, including climate change and immigration.
Members noted that it is important that UK immigration
policy be clear and transparent, including about when and why
visa applications are refused. They emphasised the importance
of giving Bangladeshi catering workers in the UK fair pay and
conditions.
Members also discussed with the Foreign Adviser the
idea of an immigration quota, negative reporting of the PBS by
the Bangladeshi media, and the proposal for a catering training
college in Sylhet.
Call on Bangladeshi Caretaker Government Chief
Adviser
The Select Committee called on
the Chief Adviser, Fakhruddin Ahmed, on 8 October.
Mr Ahmed said that his government
attached priority to raising the skills levels of those seeking
employment abroad, including in the United Kingdom. He hoped
to see the establishment in Sylhet of a catering trades training
institute. Members of the Committee indicated their support for
this proposal.
Mr Ahmed added that the Caretaker Government had
had some success in carrying out institutional reforms. The Election
Commission had been reconstituted and was now completely independent.
The Anti-Corruption Commission had been overhauled, a National
Human Rights Commission established and a Right to Information
Ordinance passed.
Call on Bangladeshi Government Home Adviser
Extremism
There is some home-grown fundamentalism in Bangladesh.
The Government has allowed the police and border security forces
to operate freely without interference from Government or other
authorities. It considers this to have helped in tackling extremism.
The Government has also made changes to the legal infrastructure,
including the introduction of a Money Laundering Act and a Terrorism
Act.
Points-Based System
The Home Adviser noted that remittances from the
UK are very important to the Bangladeshi economy. He also noted
that the majority of Bangladeshi labour in the UK is unskilled
and therefore likely to be affected by the suspension of low-skilled
labour under Tier 3 of the PBS.
Members noted that the Committee had been told about
a scheme in Sylhet to train and accredit Bangladeshi chefs wanting
to work in the UK catering industry, and urged the Home Advisor
to pursue and support this initiative as far as possible.
Forced Marriage
Members noted that there are many cases of the forced
marriage of UK nationals in Bangladesh, especially in the Sylhet
region. They reported that the delegation had heard of a lack
of action by some Bangladeshi authorities, who seem to view forced
marriage as a private 'family matter'.
The British High Commissioner noted that there is
generally good co-operation from the Bangladeshi police, but that
problems can arise over prosecuting families.
The Home Adviser noted that forced marriage is illegal
under Bangladeshi law and promised to "take immediate action"
on the issue.
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