CABINET OFFICE Crown and External Relations Passport
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GD 2014/0039 CABINET OFFICE Crown and External Relations Passport, Immigration and Nationality Services Annual Report April 2013 - March 2014 THIS DOCUMENT GIVES GENERAL GUIDANCE ONLY AND SHOULD NOT BE TREATED AS A COMPLETE AND AUTHORITATIVE STATEMENT OF THE LAW May 2014 CONTENTS Section Subject Page No 1 Introduction to the Passport, Immigration and Nationality Annual 3 Report 2 Demographic context 3 3 Immigration Services 3 Data on immigration 3 Performance 4 Immigration control 4 Pre-entry controls 4 Entry Clearance 4 On-entry controls 5 After-entry controls 5 Indefinite Leave to Remain 6 Enforcement 6 Immigration Appeals 8 4 Points Based System 9 Tier 1 9 Tier 2 9 Tier 3 9 Tier 4 9 Tier 5 10 5 Nationality Services 10 Forms of nationality 10 Types of applications 10 The good character requirement 11 Unsuccessful applications 11 Citizenship ceremonies 11 Nationality Statistics 11 Performance 12 6 The Knowledge of Language and Life Requirement 12 7 Passports Service 13 Passport Statistics 14 Performance 15 8 Appendices 16 A - Visa Requirements for the United Kingdom 17 B - Legal Framework for Immigration 19 C - The Common Travel Area 21 D - European Union Nationals 22 E - Immigration Categories Leading to Settlement 23 2 1 - INTRODUCTION TO THE PASSPORT, IMMIGRATION AND NATIONALITY ANNUAL REPORT This report provides information concerning the passport, immigration and nationality services provided by Crown and External Relations, Cabinet Office. It includes detailed information on immigration into the Isle of Man of migrants from outside the United Kingdom and the European Economic Area (EEA), persons seeking to be naturalised as British Citizens within the Isle of Man, and data on the provision of British passports. 2 - DEMOGRAPHIC CONTEXT At the time of the 2006 census, the number of people born outside the British Isles was 6.2%, which by the 2011 interim census had risen to 7.5%. The 2011 census showed that 4,317 people resident on the Island had been born outside the European Union. Many of these individuals will however have been resident in the Isle of Man or the United Kingdom for many years and will either have been granted or be eligible for British Citizenship. This figure will also include British Citizens born outside the European Union. The next Isle of Man census is to take place in 2016. 3 – IMMIGRATION SERVICES The immigration service manages visa applications from people seeking to come to the Isle of Man or to vary their leave to remain in the Island, from countries outside the European Economic Area, Appendix A refers to visa requirements. Foreign nationals, also referred to as non EEA nationals are admitted to the Island if they comply with the requirements of the immigration rules, Appendix B refers to the legal framework for immigration. For those who comply with the requirements, they are free to come to the Island under the same conditions as those that are granted admission by the United Kingdom. In this report, the term ‘foreign national’ refers to persons from countries outside of the EEA. Council of Ministers has the responsibility for making the Isle of Man immigration rules for regulating the entry into and the stay of persons in the Isle of Man, as contained within the statement laid before Tynwald on 17 May 2005, as amended. They are based on and generally similar to the United Kingdom’s immigration rules with certain exceptions. The powers conferred on the Lieutenant Governor of the Isle of Man by the Immigration Act 1971 (as extended to the Isle of Man), the British Nationality Act and by all other enabling powers are delegated in the form of a Schedule of Delegated Authority. The Isle of Man has its own immigration rules (latest version 01 April 2014). Whilst the Isle of Man has its own immigration rules, the United Kingdom represents the Isle of Man’s interest in Diplomatic and Foreign Affairs. British Embassies overseas will accept and process visa applications for the Isle of Man and other Crown Dependencies, referring the applications to the Islands immigration service for approval or refusal. Applications for entry clearance to the Isle of Man and other Crown Dependencies are completed on United Kingdom forms. There is a link on the Isle of Man immigration website for those persons interested in the Isle of Man to check if they need a visa http://www.ukvisas.gov.uk/en/doineedvisa/. Visa requirements for the Isle of Man are identical to those of the United Kingdom. Data on Immigration The immigration service has a computerised system for recording immigration cases. However, it is important to note that because of the integration of United Kingdom and Isle of Man immigration law, the figures obtained locally are not necessarily a true reflection of the numbers and types of foreign nationals living, working or studying on the Isle of Man. 3 Some foreign nationals in the Island will have secured entry clearance to the United Kingdom and then travelled from the United Kingdom to the Isle of Man with valid leave to enter. Most foreign nationals who follow this route into the Island will not be entitled to take up employment opportunities without permission from the Employment and Skills Group, Department of Economic Development (DED). Similarly, persons who are not visa nationals will have been granted leave to enter at their United Kingdom port of entry and will be entitled to legitimately travel to the Isle of Man. Nonetheless, the data provided in this report gives a good indication of the main types of immigration category dealt with in the Isle of Man. Immigration Figures The table below provides details of the total number of immigration applications dealt with by the immigration service, from first application to indefinite leave to remain, for the past three years. Category Annual Total Annual Total Annual Total 2011/2012 2012/2013 2013/2014 New Applicants 861 668 513 Variation of Leave 211 183 214 Indefinite Leave to Remain 220 140 89 Total Applications 1292 991 816 Performance The immigration service aims to deal with a minimum of 76% of applications for entry clearance into the Isle of Man within 3 days of receipt from the embassy or consulate and to have dealt with 96% of applications within two weeks. During 2013/14, 79% of cases were dealt with within 3 days of receipt and 95.44% within two weeks; in fact over 70% of cases were dealt with on the day that they were received. Immigration Control There are 4 main stages to the process of immigration control, Pre-entry, On-entry, After-entry, and Enforcement, each of which is explained in more detail below. Pre-entry/Entry Clearance is necessary for visa nationals and for all categories where the applicant is seeking admission for over six months. Persons seeking entry clearance for the United Kingdom or Islands must complete their visa application on line, in the same way as applicants wishing to visit the UK. Visas are issued by the British Embassy or Consulate posts. Foreign nationals who are visa nationals or who are seeking admission for more than six months MUST have a valid visa to allow them to travel and enter the UK, Appendix C refers. There are a number of grounds on which entry clearance or leave to enter the Isle of Man should normally be refused, one such ground is where one or more relevant National Health Service (NHS) body has notified the Lieutenant Governor that the person seeking entry or leave to enter has failed to pay a charge or charges with a total value of at least £1,000 in accordance with the relevant NHS regulations and charges to overseas visitors. The number of applications for entry clearance referred by posts abroad for decision by the Isle of Man varies each year. While there are figures available for the number and types of entry clearance granted by the Isle of Man, there are no figures available for those individuals in the Island who have been granted entry clearance through the United Kingdom, as there is no border control between the Isle of Man and the United Kingdom, where arrivals can be monitored. As noted above, entry clearance is the process by which new applicants seek to enter the Isle of Man; these can include individuals who have never been to the Island before, or those who have been to the Island in the past and are making a fresh visa application to return again e.g. visitors. 4 The table below provides details of entry clearance applications for the past three years, broken down further by category of applicant. Category Annual Total Annual Total Annual Total 2011/2012 2012/2013 2013/2014 Business Visitors 91 128 70 Dependants 33 39 5 Spouses 20 22 6 Visitors 317 318 272 Child and Sports Visitors (CYG) 259 - - Work Permit Policy - - - PBS Tier 1 1 2 1 PBS Tier 2 54 76 57 PBS Tier 4 (Students) 4 5 10 PBS Tier 5 (Temp & Youth Mobility) 1 - 1 PBS Spouse/Partner 14 15 16 PBS Child 22 16 23 Other (including Seafarers, Domestic Workers, 44 47 52 Fiancé(e)s, United Kingdom Ancestry, EEA Family Member etc. Total 860 668 513 Of which refused 96 55 61 On-entry Controls On-entry/Leave to Enter - Controls exist at ports and airports for all passengers who need to show they have Right of Abode, are a returning resident, are a non-visa national seeking leave to enter for less than six months or have the correct entry clearance. The Immigration Service provides On Entry Border Control at Isle of Man Airport for over 45 flights arriving from outside the Common Travel Area, Appendix D refers, albeit the majority returning holiday makers.