GD 0060/13

CHIEF SECRETARY’S OFFICE

Passport, Immigration and Nationality Services

Annual Report

April 2012/March 2013

THIS DOCUMENT GIVES GENERAL GUIDANCE ONLY AND SHOULD NOT BE TREATED AS A COMPLETE AND AUTHORITATIVE STATEMENT OF THE LAW

Price Band C / £3.15 October 2013

CONTENTS

Section Subject Page No

1 Introduction to the Passport, Immigration and Nationality 2 Annual Report 2 Demographic context 2 3 Immigration 2 Data on immigration 3 Performance 3 Immigration control 3 Pre-entry controls 3 Entry Clearance 4 On-entry controls 4 After-entry controls 5 Leave to Remain 5 Enforcement 6 Immigration Appeals 7 4 Points Based System 8 Tier 1 8 Tier 2 8 Tier 3 9 Tier 4 9 Tier 5 9 5 Nationality 10 Forms of nationality 10 Types of applications 10 The good character requirement 11 Unsuccessful applications 11 Citizenship ceremonies 11 Nationality Statistics 12 Performance 13 6 The Knowledge of Language and Life Requirement 14 Changes to the requirement from October 2013 15 7 Passports 16 Passport Statistics 17 Performance 18 8 Appendices 19 I Legal Framework for Immigration 19 II The Common Travel Area 20 III European Union Nationals 21 IV Immigration Categories Leading to Settlement 22 V Visa Requirements for the United Kingdom 23 VI Police Registration 25

2

1 - INTRODUCTION TO THE PASSPORT, IMMIGRATION AND NATIONALITY ANNUAL REPORT

This report provides information concerning the passport, immigration and nationality service of the Chief Secretary’s Office (CSO). It includes detailed information on immigration into the Isle of Man of migrants from outside the United Kingdom (UK) and the European Economic Area (EEA), persons seeking to be naturalised as British Citizens within the Isle of Man (IOM), 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.

The next IOM census is to take place in 2016.

3 - IMMIGRATION

The Immigration Service manages visa applications from people seeking to come to the IOM or to vary their leave to remain in the Island, from countries outside the European Economic Area1. Non- EEA nationals are admitted to the Island if they comply with the requirements of the Immigration Rules2, and those who do are generally free to come to the Island under the same conditions as those that are granted admission by the UK. 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 Immigration Rules for the Isle of Man for regulating the entry into and the stay of persons in the Isle of Man and contained within the statement laid before Tynwald on 17th 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 August 2013).

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 (CDs), referring the applications to the Islands Entry Clearance officers for approval/refusal. Applications for entry clearance to the Isle of Man and other CDs are completed on UKBA 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.

1 The European Economic Area or EEA refers to the 27 countries of the European Union plus Norway, Lichtenstein and Iceland. Switzerland is also included within the EEA for most purposes 2 Immigration Rules are the secondary legislation which lay down the practice to be followed in the administration of the immigration acts. See Appendix II for more details

3

Data on Immigration

The Immigration Office has a computerised system for recording immigration cases. However, it is important to note that because of the integration of UK and IOM 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 IOM.

Some foreign nationals in the Island will have secured entry clearance to the UK and then travelled from the UK to the IOM 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 Department of Economic Development (DED). Similarly, persons who are not visa nationals will have been granted leave to enter at their UK port of entry and will be entitled to legitimately travel to the IOM.

Nonetheless, the data provided in this report gives a good indication of the main types of immigration category dealt with in the IOM.

Immigration Figures

The table below provides details of the total number of immigration applications dealt with by the Immigration section, from first application to indefinite leave to remain, for each year from April 2010 – March 2013 inclusive.

Category Annual Total Annual Total Annual Total 2010/2011 2011/2012 2012/2013 New Applicants 482 861 668 Variation of Leave 320 211 183 Indefinite Leave to Remain 201 220 140 Total Applications 1003 1292 991

Performance

The Immigration service aims to deal with a minimum of 76% of applications for Entry Clearance into the IOM within 3 days of receipt from the embassy or consulate and to have dealt with 96% of applications within two weeks. During 2012/13, 83.93% of cases were dealt with within 3 days of receipt and 97.68% 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 Controls

Pre-entry controls exist for visa nationals and for virtually all categories where the applicant is seeking admission into the Isle of Man for over 6 months. A person seeking entry clearance for the United Kingdom or the Isle of Man must satisfy an Entry Clearance Officer (ECO) in a UK Embassy or Consulate overseas that the purpose of their visit is genuine and that they meet the criteria contained within the Immigration Rules.

4

In the case of persons seeking entry specifically to the IOM, the ECO is required to refer the application to the Immigration Officers in the IOM for approval, unless the applicant is applying to come for a short visit to stay in a hotel. Applicants may be interviewed and the contents of this interview will be communicated to the IOM Immigration Officers with recommendations and accompanying evidence. The application is then considered on the basis of the information supplied by the ECO in the overseas post.

There are a number of grounds on which entry clearance or leave to enter the IoM 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 n charges to overseas visitors.

The number of applications for Entry Clearance referred by posts abroad for decision by the IOM varies each year. While there are figures available for the number and types of entry clearance granted by the IOM, there are no figures available for those individuals in the Island who have been granted entry clearance through the UK, as there is no border control between the IOM and the UK, where arrivals can be monitored.

Entry Clearance

As noted above, entry clearance is the process by which new applicants seek to enter the IOM; 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.

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 2010/2011 2011/2012 2012/2013 Business Visitors 59 91 128 Dependants 40 33 39 Spouses 19 20 22 Visitors 232 317 318 Child and Sports Visitors (CYG) - 259 - Work Permit Policy 41 - - PBS Tier 1 6 1 2 PBS Tier 2 15 54 76 PBS Tier 4 (Students) 1 4 5 PBS Tier 5 (Temp & Youth Mobility) 2 1 - PBS Spouse/Partner 6 14 15 PBS Child 6 22 16 Other (including Seafarers, Domestic Workers, 55 44 47 Fiancé(e)s, UK Ancestry, EEA Family Member etc. Total 482 861 668 Of which refused 53 96 55

On-entry Controls

On-entry immigration controls exist at ports and airports receiving travellers from outside the Common Travel Area (CTA). On-entry control is the point at which a foreign national must satisfy the Immigration Officer that they meet the criteria of the Immigration Rules. On-entry immigration control is completed at the Isle of Man Airport for flights arriving in the Isle of Man from outside the CTA. This has increased over the past few years as more passengers travel on direct flights, for example from Geneva to the IOM.

5

After-entry Controls - Leave to Remain, Further Leave to Remain, Indefinite Leave to Remain

After entry immigration control is for all foreign nationals seeking to extend or vary their conditions of stay in the IOM. This would include extending the duration of stay (Further Leave to Remain), transferring from one category to another (which is restricted), or following marriage.

The main categories for the past three years are detailed in the table below.

Category Annual Total Annual Total Annual Total 2010/2011 2011/2012 2012/2013 Dependants 87 5 4 EEA Family Member 6 9 9 Highly Skilled Migrant 2 - - No Time Limit 17 13 8 Overseas Domestic Worker 6 4 2 Spouses 28 25 27 Students 1 - - Tier 1 (Entrepreneur) 1 1 2 Tier 1 (General) 14 6 13 Tier 1 (Post Study Work) - 2 1 Tier 2 51 64 41 Tier 4 3 3 1 Tier 5 - - 1 PBS Spouse/Partner 8 29 25 PBS Child 15 33 30 UK Ancestry 3 4 2 Work Permit Policy 55 - - Other including: 26 12 17  Visitors  Certificate of Approval for marriage  Working Holiday Makers Total 323 210 183

Leave to Remain Applications by Category

Indefinite Leave to Remain

Indefinite leave to remain, confers, as the name suggests, permission for a foreign national to settle in the Island (and indeed the UK), without a time restriction. It is the first stage towards obtaining naturalisation or registration as a British Citizen, though there is no requirement to apply for British citizenship. A person applying for indefinite leave to remain (ILR), as well as meeting all the requirements under the particular category in which they apply, must also demonstrate their knowledge of life in the UK and Island and English ability by passing a test known as the Life in the UK and Islands test or complete a speaking and listening qualification in English for Speakers of other Languages (ESOL) at Entry levels 1, 2 or 3, both of which are administered by the IOM College. Further requirements for are due to come in in October 2013 which will mean that any applicant will also be required to pass a speaking and listening test in English at level B1 of CEFR (Common European Framework of Reference for languages), or an equivalent qualification. More details can be found in Part 6 of this report.

There is no provision for automatically granting indefinite leave to remain in the Island. The individual must apply for indefinite leave to remain and then meet the requirements of the particular category under which they are applying.

6

Indefinite Leave to Remain - Applications for Settlement

Annual Total Annual Total Annual Total 2010/2011 2011/2012 2012/2013 201 211 140

Claiming Benefits

All new residents to the IOM, whether or not subject to immigration control, are not automatically entitled to claim benefits from the Island’s Social Security system. Under IOM Social Security legislation an individual must have either made the appropriate National Insurance Contributions or fulfil a five year residential qualification in order to qualify for benefit.

When individuals attempt to make claims, the Department of Social Care (DSC) usually seeks clarification from the Immigration Office before determining claims. If it became apparent that a person subject to immigration control was claiming benefits to which they were not entitled, they would be in breach of their immigration conditions and therefore may be liable to removal.

Enforcement

The term enforcement relates to immigration controls exercised on foreign nationals who breach their conditions of stay or to restrictions of entry into the IOM.

The vast majority of foreign nationals are on the Island legally; nevertheless the number of foreign nationals and indeed EU nationals coming to the IOM has served to heighten the level of awareness in the Island of immigration matters. Though beneficial overall, the CTA also exposes the Island to vulnerabilities from illegal immigration, illegal working and individuals over-staying their permitted leave, since there are no immigration controls on people arriving into the IOM from the UK and Republic of Ireland.

There are a number of ways in which the Immigration Office will be aware of persons who may be subject to enforcement decisions. Immigration Officers may themselves curtail the leave of a person subject to immigration control, because, for example, they have breached their conditions e.g. working when not permitted to. Information on persons suspected of breaching immigration requirements may also be provided to the Office by members of the public. Any intelligence on suspected illegal immigration activity has to meet certain standards or threshold tests before any action can be taken, enforcement activities against individuals or employers should not be undertaken unless there is reliable information available.

The table below provides details of the numbers of Immigration Offenders identified by the Immigration Service. Each category is described in more detail below.

Category Annual Total Annual Total Annual Total 2010/2011 2011/2012 2012/2013 Illegal Immigrant 5 2 5 S10 Removal 2 2 1 Curtailment 1 1 1 Refused Leave to Enter 0 0 0 Deportation 0 0 0 Voluntary Departure 1 3 2 Total 9 11 9

7

Illegal Immigrant

An illegal immigrant is defined as a person unlawfully entering the country, or seeking to enter in breach of a deportation order. A person entering or seeking to enter by means of deception is also classed as an illegal immigrant. The Immigration service will seek to remove an illegal immigrant back to their home country. The powers to remove illegal entrants are found in paragraph 9 of schedule 2 to the Immigration Act 1971 as extended to the Isle of Man; these powers enable an immigration officer to give any authorised directions for removal.

S10 Removal Paragraph 10 of schedule 2 to the Immigration Act 1971 allows for the removal of persons who had, or have, valid leave to be in the Isle of Man but breached the conditions of that leave by overstaying or working when they had no right to do so. Previously, these people would have been deported but now they are liable to removal back to their own country.

Curtailment

A person’s leave to enter or remain in the country may be curtailed if they cease to meet the requirements of the rules under which their leave to enter or remain was granted.

Refused Leave to Enter

If a foreign national attempts to enter the country at the border and is subject to immigration restrictions and they fail to satisfy the immigration requirements, they may be refused leave to enter and sent back to the country from where they came.

Voluntary Departure

An individual maybe located in the country illegally; the person will be assessed and given the option to leave the country voluntarily. The cost of this departure will be met by the individual who is escorted to the airport for onward travel to their home country. There must be documentary evidence of onward travel by way of flight tickets.

Deportation

Where a person is liable to deportation the Governor may make a deportation order against them. This is an order requiring the individual to leave the IOM and UK. The order prohibits the person from entering the IOM or UK. Deportation may be recommended to the Governor by a court, where a person subject to immigration has committed serious criminal offences. Deportation is a serious matter and any person subject to a deportation order will find their ability to obtain a visa in the future severely affected.

Immigration Appeals

The Immigration Office carefully considers all applications against the requirements detailed within the Immigration Rules. The circumstances and rights of individuals and families must be balanced against the need to retain an effective immigration control and to treat each application in a consistent, fair and lawful manner. When an applicant disagrees with the decision of the Immigration Office, there may be a right of appeal. This can be an appeal against a refusal of entry clearance from outside the country, or appeals in-country against a variation of leave (known as curtailment), or a refusal to vary leave (to change a category or extend leave or for Indefinite Leave to Remain).

8

An individual who wishes to appeal against refusal of entry clearance has 28 days to submit an appeal against the decision, from the date the refusal is served on them. An individual who wishes to appeal against a variation of leave or a refusal to vary leave has 10 days from the date it is served on them.

Once an appeal is received, it is submitted to an independent Appeals Adjudicator, who will determine the case either through a hearing, or based on consideration of the papers submitted, depending upon which the appellant has requested.

Details on the process for appeals can be found on the CSO website at www.gov.im/cso

Appeals Annual Total Annual Total Annual Total 2010/2011 2011/2012 2012/2013 Submitted 13 7 6 Appeals Allowed 5 1 4 Appeals Dismissed 8 6 2

4 – POINT BASED SYSTEM / TIERS

There was a two phased approach to the introduction of the Points Based System (PBS); Tiers 1 and 4 were introduced in the Isle of Man in December 2009 and Tiers 2 and 5 were introduced in July 2010. The Points Based System (PBS) only applies to foreign nationals coming for employment purposes, whether on a permanent or temporary basis. The temporary categories include students and youth mobility participants.

The benefit of introducing PBS is the structured decision-making, based on points. This is more transparent and streamlined, delivering greater efficiency in decision-making. The system balances objectivity against the need to be robust against abuse. This is achievable by the applicant claiming points for certain factors such as qualifications, salary or age and providing evidence to support the points claimed. This information is then assessed by the decision-maker in a structured fashion, ensuring consistency is given to each application.

The PBS system consists of a five tier framework:-

Tier 1

The Tier 1 General route sought to attract the most talented highly skilled people with the skills the IoM needs, who wish to work, or become self-employed in the Isle of Man. This route is now closed to new applicants because of the levels of abuse, i.e. working in low paid, low skilled occupations, particularly in the UK. Tier 1 Investors is for high net worth individuals making a substantial financial investment to the Isle of Man, and Tier 1 Entrepreneurs is for those who wish to establish, join or take over one or more businesses in the Isle of Man. Tier 1 also includes Post Graduate Entrepreneurs for graduates who have been identified by Higher Education Institutions as having developed world class innovative ideas or entrepreneurial skills to extend their stay in the Isle of Man after graduation to establish one or more businesses in the Isle of Man).

Tier 2

Tier 2 Intra-Company Transfer route enables multinational employers to transfer their existing employees from outside the EEA to their Isle of Man branch for training purposes or to fill a specific vacancy that cannot be filled by a Manx, British or EEA worker. There are four sub-categories in this route: Short Term Staff, Long Term Staff, Graduate Trainee and Skills Transfer. Tier 2 General,

9

Minister of Religion and Sportsperson enables Isle of Man employers to recruit workers from outside the EEA to fill a particular vacancy that cannot be filled by a British or EEA worker.

Tier 2 replaced the Overseas Labour Scheme, (which will finally expire on or before August 2014 at the latest) responsibility for which rests with the Department of Economic Development (DED). The DED determines whether there is a need for foreign nationals to be admitted for skilled or shortage employment purposes. Thus the current criteria for issuing the PBS Certificates of Sponsorship to employers and to foreign nationals are applied by the DED, noting that employers must fulfil their duties and responsibilities.

Tier 3

Tier 3 Low Skilled Workers. The UK currently has no plans to introduce Tier 3 and it would cause difficulties if the Island chose to seek to admit entrants in this capacity as their entry clearance gains them admission to the UK; opening up this tier for the Island would be an invitation to abuse. The reasoning behind not opening up this category is that there should be sufficient EEA nationals to perform these roles and that where there is not, that appropriate training and development courses should be provided to ensure that those not subject to immigration control can fill these vacancies.

Tier 4

Tier 4 General Student route is for migrants aged 16 or over who wish to study in the Isle of Man. Tier 4 Child Student route is for children at least 4 years old and under the age of 18 who wish to be educated in the Isle of Man.

Although IHMES has closed there are still foreign students who attend the Isle of Man College or King William’s College. The requirements for their admission and their conditions relating to employment have historically followed those applicable to foreign students in the UK. The Isle of Man Immigration Office and the Department of Economic Development introduced a Scheme to regulate the employment of students whereby they are required to have an official document issued by DED before starting work. This was contrary to the situation in the UK but was introduced as a monitoring tool to seek to avoid the situation of students enrolling on courses but working for more than the 20 hours per week which was allowed.

Tier 5

Tier 5 Youth Mobility route is for sponsored young people from participating countries and territories who wish to live and work temporarily in the Isle of Man. Tier 5 Temporary Worker is for certain types of temporary worker whose entry helps to satisfy cultural, charitable, religious or international objectives, including volunteering and job shadowing.

For each Tier, applicants need sufficient points to obtain entry clearance or leave to remain in the IoM. Points are awarded according to criteria such as age, qualifications, and for Tier 2, whether their skills match occupations at a certain level, currently NQF level 6 (degree level), or occupations on the shortage occupation list.

All applicants in Tiers 2, 4 and 5 need to provide a Certificate of Sponsorship (CoS) from an approved sponsor (employer or educational institute), which acts as an assurance that the migrant is able to do a particular job or course of study. In order to act as a sponsor an employer has to apply for a Sponsorship Licence from the Department of Economic Development (DED) and an Educational establishment has to apply for a licence from the Isle of Man Immigration office. Once

10

a Sponsor Licence is approved the sponsor is entered onto the register of sponsors. In the case of Tier 2, the employer can then issue a Certificate of Sponsorship (CoS - a unique reference number) which will include the job title and salary and which the migrant uses when applying to come to the UK to work. In the same way an educational establishment can issue a Confirmation of Acceptance for studies.

 Only registered employers can sponsor migrants;  The duties of a sponsor include record keeping, reporting, compliance and co-operating with immigration authorities; and  A sponsor can be removed from the register under certain circumstances e.g. employment of illegal immigrants; failure to notify the authorities where workers disappear. There are similar requirements for educational sponsors.

5 - NATIONALITY

Becoming a British Citizen is a significant life event. For an application to succeed applicants must show that they satisfy a number of requirements as set out in British Nationality Act 1981. The Isle of Man (and the Channel Islands) form part of the United Kingdom under the British Nationality Act 1981.

Forms of British Nationality

British citizenship is one of the six different forms of British nationality. Some of these were defined in the British Nationality Act 1981, which came into force on 1 January 1983.

The forms of nationality are:  British citizenship;  British overseas citizenship;  British overseas territories citizenship;  British national (overseas);  British protected person; and  British subject.

British nationality is complicated and is defined in law. Whether a person has a claim to British nationality can be determined by applying the definitions and requirements of the British Nationality Act 1981 and related legislation to the facts of their date and place of birth and descent.

Types of applications

Applicants can make an application to the Passport, Immigration and Nationality Office to be naturalised or registered as a British Citizen. Applicants should read the requirements for each type of application that is relevant and decide which is best for their circumstances.

The section of the British Nationality Act 1981 that an applicant applies for British Citizenship under depends on their circumstances such as age, residency, parents’ nationality or current nationality.

The process involves the completion of an application form by each applicant, which must include all relevant supporting documentation and the appropriate fee. Each application is subject to a range of checks in relation to eligibility for British Citizenship.

Full information can be found http://www.ukba.homeoffice.gov.uk/britishcitizenship/

11

The good character requirement

The good character requirement that must be met by anyone applying for British nationality unless:

 they are under 10 years old when making the application; or  are stateless and are applying on application form S1, S2 or S3; or  they are a British overseas citizen, a British subject or a British protected person and are applying on application form B(OS).

Applicants are considered to be of good character if they have shown respect for the rights and freedom of the United Kingdom/Isle of Man, having observed its laws and fulfilled their duties and obligations as a resident.

The Passport, Immigration and Nationality Office will check with the police and other government departments as part of the good character check.

Our office will include checks that establish –

 That applicants have paid required income tax and National Insurance contributions.  An applicant’s criminal record (for people aged 10 and over). If an applicant has an unspent conviction, the application for citizenship is unlikely to be successful. Applicants should wait until their conviction is considered “spent” until they apply for British Citizenship.

Unsuccessful applications

If an application is unsuccessful, we will write to the applicant to explain why. There is no right of appeal against our decision to refuse an application but an applicant can request, in writing, for the decision to be reconsidered. The applicant would need to show that the decision was not soundly based on nationality law or the current policy or procedure and explain why they think we have not correctly applied the law and policy in their case.

Citizenship Ceremonies

If an application is successful the applicant will be invited to attend a citizenship ceremony. Applicants will swear or affirm an oath of allegiance to Her Majesty the Queen and pledge loyalty to the United Kingdom. Unusually, the IOM (and the Channel Islands), form part of the United Kingdom in this instance, under the British Nationality Act 1981, for the purpose of naturalisation. Making the Oath or Affirmation and Pledge at a citizenship ceremony is a legal requirement, and the point at which an applicant becomes a British Citizen. The ceremonies in the Isle of Man are administered by the Passport, Immigration and Nationality Office on behalf of the Lieutenant Governor and are held in the Isle of Man Registry Office in Douglas.

12

Nationality Statistics

Number of naturalisation and registration applications received

Apr 08 – Apr 09 – Apr 10 – Apr 11 – Apr 12 – Month Mar 09 Mar 10 Mar 11 Mar 12 Mar 13 April 17 13 24 21 30 May 15 16 12 42 29 June 9 20 14 35 18 July 17 10 36 13 11 August 4 14 6 11 14 September 23 25 26 17 18 October 32 16 23 10 24 November 25 17 27 14 20 December 20 8 22 13 19 January 17 10 17 33 20 February 50 16 28 27 18 March 23 10 13 6 14 Total 252 175 248 242 235

Naturalisation and registration refusal statistics

Month 2008/9 2009/10 2010/11 2011/12 2012/13 April - - - - - May 1 - - - - June - 1 - - - July - - - - - August - - - - - September - - - - 1 October - - - 3 - November - - 1 1 5 December - - - - 1 January - - - - - February 1 - 1 - - March - - - 1 - TOTAL REFUSALS 2 1 2 5 7 Number of completed Nat & 120 266 197 255 168 Reg apps % of applications refused 1.67% 0.38% 1.02% 1.96% 4.17%

Performance

The Passport, Immigration and Nationality Office aims to process 90% of applications for naturalisation and registration within six months. This is from receipt of the initial application right through to the applicant attending the citizenship ceremony.

13

At the final stage, an application requires approval from the Lieutenant Governor and is then sent to the Home Office for the certificate to be signed by a representative of the UK Secretary of State. A nationality ceremony is arranged once the certificates have been returned to the Island. Naturalisation and registration performance figures

2008/9 2009/10 2010/11 2011/12 2012/13

Number of applications completed within 6 90 161 139 99 149 months % completed within 6 months 75% 61% 71% 39% 89%

6 - THE KNOWLEDGE OF LANGUAGE AND LIFE IN THE UK REQUIREMENT

Applicants applying for indefinite leave to remain or to be naturalised as a British citizen have to satisfy the knowledge of language and life in the UK (the KoLL) requirement, unless the individual is exempt. (Minors are ineligible for naturalisation, therefore an exemption for under 18s is not relevant.)

Since April 2007, any foreign national applying for indefinite leave to remain has had to satisfy the KoLL requirement. If an applicant has already satisfied the KoLL requirement to have sufficient knowledge of language and life in the UK for their indefinite leave to remain application, they would not be required to retake the test or course.

Most applicants will satisfy the KoLL requirement by:

 passing the 'Life in the UK’ or, if completing in the Isle of Man, passing the ‘Life in the UK and Islands’ test; or  obtaining a speaking and listening qualification in English for Speakers of Other Languages (ESOL) course at entry levels 1, 2 or 3. The applicant must have studied at an accredited institution on a course of study which uses specified citizenship based teaching materials and have demonstrated progression from one ESOL level to the next.

Since April 2011, people who entered the UK on work routes have been required to meet the KoLL requirement by taking the Life in the UK test rather than the ESOL route.

The 'Life in the UK and Islands' test includes questions about life in the Isle of Man. The UK questions are based on the book titled “Life in the UK – a Journey to Citizenship”; the CSO, with the assistance of a range of experts within the IOM, have produced a supplement on which the IOM questions are based. Copies of “Life in the UK – a Journey to Citizenship” are available from bookstores; the IOM citizenship supplement can be purchased at the Passport, Immigration and Nationality Office.

The Isle of Man college is responsible for administering both the test and providing the ESOL courses.

Changes to the requirement from October 2013

Understanding and being able to use English at a level which facilities interaction with the wider community is key to successful integration. It is also important that those wishing to live permanently in the Isle of Man have a basic understanding of the responsibilities which come with indefinite leave to remain and/or British Citizenship, the principles of British democracy and the

14

history and culture from which they flow.

From October 2013, all applicants applying for indefinite leave to remain or naturalisation, unless exempt, would be expected both to pass the Life in the UK test and to have an English speaking and listening qualification at B1 CEFR or above.

The intention is that the changes for both indefinite leave to remain and naturalisation will take place from 28 October 2013.

How will the Requirement be met?

From 28 October 2013, there will be two parts to the KoLL requirement, both of which must be met by all applicants applying for indefinite leave to remain or naturalisation unless the individual is exempt (see below). Applicants will be required to:

• pass the Life in the UK test; and • have a speaking and listening qualification in English at B1 CEFR or higher, or an equivalent level qualification.

The following groups are considered automatically to meet the English language component of the KoLL requirement and will not be required to show a formal speaking and listening qualification:

• Nationals of majority English speaking countries

The Immigration Rules recognise the following as majority English speaking countries:

Antigua and Barbuda Guyana Australia Jamaica The Bahamas New Zealand Barbados St Kitts and Nevis Belize St Lucia Canada St Vincent and the Grenadines Dominica Trinidad and Tobago Grenada The United States of America

• Those who have obtained a degree taught in English.

Both of these groups will, however, be required to pass the Life in the UK test to demonstrate their knowledge of life in the UK.

Who will need to meet the requirement?

The normal expectation will be that adults (i.e. those aged 18 or over) applying for indefinite leave to remain, whether as a main applicant or a dependant, will be expected to meet the new KoLL requirement. This will include adult children of persons settled in the Isle of Man and adult children applying for indefinite leave as a dependant. However, we recognise that there are some circumstances where exceptions to this normal rule should be made.

We will continue to exempt from the KoLL requirement children under 18 and individuals aged 65

15

or older. In line with current practice, we will also exempt those who have a physical or mental condition which severely restricts their ability to learn English and/or communicate and/or take the Life in the UK test.

The KoLL requirement for naturalisation as a British citizen will be the same as that for settlement and the same English language qualifications will be accepted. Citizenship is a privilege and not a right. Those wishing to become British citizens should demonstrate their commitment by learning English and have an understanding of British history, culture and traditions.

Therefore all those applying for naturalisation after 28 October 2013 will be expected to satisfy the new KoLL requirement. The only exceptions will be those who are aged 65 or over or whose physical or mental condition severely inhibits the ability to communicate or take the Life in the UK test. (Minors are ineligible for naturalisation, therefore an exemption for under 18s is not relevant.)

Further information on the KoLL requirement for indefinite leave to remain can be found http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/knowledge-language-life/

Further information on the KoLL requirement for naturalisation can be found http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/kol/

7 - PASSPORTS

The first UK passport was issued in 1915 when the British Nationality and Status of Aliens Act came into force. After the First World War, the 32-page blue British passport came into use - and with it, the modern British passport service. In 1988 the blue UK passports were phased out and new burgundy passports were introduced. The burgundy passport recognised the UK was a Member State of the European Community (EC) - but they were still UK passports, not 'European'. They were also machine-readable. Information on a strip within the passport could be read electronically and validity checked on the spot. This aided faster progress through border controls.

The power to issue Isle of Man variant British passports is derived from the Royal Prerogative. On the Isle of Man this is formally exercised by the Lieutenant Governor on behalf of the Crown. The powers of the Lieutenant Governor allow the issuance of an Isle of Man variant British Passport to a person resident in the Isle of Man at the time the application is made i.e. physically present on Island; or a person who is born in the Isle of Man and who is resident in the United Kingdom at the time the application is made i.e. a student at University; or a person with respect to whom His Excellency the Lieutenant Governor considers there are exceptional grounds for him to use discretion to issue a passport, and this would be considered case by case.

An example could be a person born overseas to parents who were Isle of Man born, but were serving in the RAF, Navy etc at the time the child was born; the child was then brought up in the Isle of Man and went to University in the United Kingdom. The powers of the Lieutenant Governor do not extend to the issue of passports to British nationals resident overseas where the Prerogative is exercised by the Home Secretary exclusively.

The Isle of Man is an issuing authority for British passports and complies with Her Majesties Passport Office policy for British passport. However there are some distinctive differences with passports issued in the Isle of Man, most notably the salutation on the inside of the passport refers to the Lieutenant Governor, as the Crown representative in the Island. It is the same with the Channel Islands, which are also Crown Dependencies.

16

With the requirement by Her Majesty’s Passport Office for passports to be more secure in terms of ability for counterfeit, they completely restructured their passport issuance system and redesign of the passport itself, and commenced issuance of a new design passport in October 2010 at a secure facility in the UK, which is commonly referred to as the “New Generation Passport”.

For the Island to continue to issue Isle of Man variant British passports, Council of Ministers approved the implementation of central personalisation of the Island variant passport at a secure facility in the UK. Implementation is scheduled for February 2015 and means that the Isle of Man Office will continue to process applications and make the decision to issue, and the physical Isle of Man variant British passport will be printed off Island at the secure facility in the UK, and despatched to the applicant direct.

The new generation Isle of Man variant British passport design will be similar in format and security features to the British passport, with the main differences as already mentioned, being the front cover text, the salutation from the Lieutenant Governor, and the issuing authority.

Passport Statistics

It is important therefore that passport customers allow sufficient time to obtain their passport. Every effort is made by the Passport Office to issue documents within agreed timescales (there are express and standard services available), but applications must be fully and correctly completed and any required checks undertaken before a passport can be issued.

Passports should be renewed before they expire, in fact many countries require that there is at least six months remaining on a passport before it expires, otherwise an individual may be refused entry at the border. However passports can be renewed at any time before the expiry date. If there is any time left on your old passport, you can carry over up to nine months validity to your new passport. The Passport Office is especially busy between February and September each year, with a peak in May and June. The quieter months are in the autumn and winter.

Passport Applications Received Apr 08 – Apr 09 – Apr 10 - Mar Apr 11 - Mar Apr 12 - Mar Month Mar 09 Mar 10 11 12 13 April 881 922 836 768 809 May 839 820 856 933 983 June 858 904 950 936 992 July 922 1047 873 960 895 August 662 679 690 670 693 September 661 662 613 555 547 October 495 639 480 478 574 November 460 511 445 454 438 December 347 355 351 315 329 January 735 755 753 513 844 February 764 830 734 820 787 March 903 1008 981 808 814 8527 9132 8562 8210 8705 Total for the year

Passport Issuance

Year Total

17

2008/2009 8714 2009/2010 8893 2010/2011 8256 2011/2012 8517 2012/2013 8685

Passport Interviews

A passport is one of the only documents a person holds which is accepted worldwide as evidence of their identity. In order to reduce the risk of fraudulent applications being made personal interviews for all adult applicants who have never held a British passport before were introduced in October 2007.

Year Total 2008/2009 330 2009/2010 274 2010/2011 170 2011/2012 168 2012/2013 145

Performance

The Passport, Immigration and Nationality Office aims to process 75% of passport applications within 20 days. Express services are available for those persons needing to travel urgently, which are subject to additional fees. These services are increasingly being used by applicants who have already booked their travel and then discovered their passport has expired or has been lost. It is recommended that travel should not be booked unless the traveller is in possession of a valid passport.

18

8 - APPENDICES

Appendix I THE LEGAL FRAMEWORK FOR IMMIGRATION Appendix II THE COMMON TRAVEL AREA Appendix III EUROPEAN UNION NATIONALS Appendix IV IMMIGRATION CATEGORIES LEADING TO SETTLEMENT Appendix V VISA REQUIREMENTS FOR THE UNITED KINGDOM Appendix VI POLICE REGISTRATION

______

Appendix I THE LEGAL FRAMEWORK FOR IMMIGRATION

For the purpose of immigration and nationality, UK law is integrated with the immigration law of the islands (defined as the IOM and the Channel Islands). Schedule 4 of the Immigration Act 1971 provides reciprocity between the UK and the islands so that certain immigration conditions imposed on foreign nationals in one place are equally effective in the other. This includes the granting of leave to enter and to remain, deportation and provisions for illegal entrants. Foreign nationals residing legitimately in the UK are therefore free to move to the Island, though they remain subject to any conditions and restrictions imposed on their stay.

The primary pieces of legislation governing immigration in the IOM are the Immigration Act 1971, the Immigration Act 1988, the Asylum and Immigration Act 1996, the Immigration and Asylum Act 1999, the Nationality, Immigration and Asylum Act 2002, the Asylum and Immigration (Treatment of Claimants) Act 2004 and the Immigration, Asylum and Nationality Act 2006 (all of Parliament) as applied with modifications, by virtue of the Immigration (Isle of Man) Order 2008.

The Immigration (Isle of Man) Order 2008 consolidated the provisions of current UK immigration law which were considered relevant to the Island and provided new powers for Immigration Officers to deal with offences such as harbouring and facilitating illegal entry. It did not fundamentally change immigration into the Isle of Man or its status within the CTA*.

The UK has introduced further immigration legislation, namely the Borders Act 2007 and the Border, Citizenship and Immigration Act 2009. Provisions within these Acts are being considered

19

and, if required, will be introduced in the Isle of Man.

Prior to the 2010 UK general election, the Labour government was undertaking a fundamental review of its entire immigration legislation, with a view to consolidating it through a single ‘Simplification Bill’. It appears the Conservative/Liberal Democrat coalition government have deferred work on the new Bill, at least for the 2010/2011 parliament session. Should this Bill be brought back, the Isle of Man may have to make consequential amendments to its immigration law.

The Immigration Rules

The Immigration Rules are effectively secondary legislation derived from the immigration acts. These Rules lay down the practice to be followed in the administration of the acts, for regulating entry and stay in the Isle of Man of persons not having right of abode; that is they provide definition for the application of the law. For example, they describe the conditions that an applicant must meet to be granted entry clearance. The Lieutenant Governor has the ultimate power to exercise discretion, provided such discretion is exercised within the constraints of the Rules.

The UK updates the Rules 3-4 times a year and to date the Isle of Man has applied these changes, if deemed appropriate, to the Island. Rule amendments are agreed by the Council of Ministers using powers set out in the Immigration (Isle of Man) Order 2008. Following Council of Ministers agreement, the changes come into effect immediately; however Rule changes are laid before the next available sitting of Tynwald and if there are any objections at that sitting or the next, the changes go back to the Council of Ministers for any amendments that are deemed appropriate.

______

Appendix II THE COMMON TRAVEL AREA

The Immigration Act 1971, Section 1(3) refers to the Common Travel Area (CTA). The CTA consists of the UK, Republic of Ireland (ROI), the Channel Islands and the Isle of Man. A person accepted for entry at any point in the CTA does not normally require leave to enter any other part of it. There are exceptions for certain persons entering through the Republic of Ireland, which is of course not covered by the provisions of the Immigration Act 1971, Schedule 4. Foreign nationals arriving from the Republic of Ireland are not examined by Immigration Officers at point of entry but are, by virtue of the Republic of Ireland Order, granted “deemed” leave to enter for a specified period, which varies according to their individual immigration status.

History of the Common Travel Area

The CTA* emerged during the 1920s when special legislative provision for the Islands and the Republic of Ireland was made in the Aliens Order of 1919, 1920 and 1923. These Aliens Orders provided firstly, that the IOM and subsequently the Channel Islands should not be deemed to be outside the UK. In 1923 the Irish Free State was established with no immigration controls for passengers travelling between it and the UK; and the Irish Free State was thus put on the same basis as the Islands in this respect. Further provisions were made in the Aliens Order of 1925 and 1931 to deal with specific problems which had arisen from the abuse of these control arrangements by aliens.

In 1939, with the outbreak of war and in view of Irish neutrality, the pressure of enemy missions in Dublin and the need to control the movement of Irish labour, controls were re-imposed between Eire and the UK, in accordance with Defence Regulation 18. At the same time Prevention of

20

Violence legislation was introduced making it possible for the Home Secretary to impose Orders banning the entry of particular Irish citizens to the UK. The Orders made in 1939 continued in force after the lifting of immigration restrictions in 1953. In 1946, Eire abandoned the direct control over the entry of aliens from Northern Ireland and Great Britain, and in 1947 the United Kingdom abandoned controls on the movement of Irish labour. At the end of 1947 Defence Regulation 18 expired with the effect that control of passenger traffic between Great Britain and Northern Ireland and Ireland rested solely on the provisions of the Aliens Order 1920.

By 1948 pressure was growing within the UK for the abolition of all control on travel between the two countries. Negotiations were finally opened in 1952 on a UK initiative following the recommendation of the Home Affairs Committee that controls should be lifted. The Irish agreed to take part on the understanding that any new Agreement was concerned solely with immigration, not wider security issues. UK officials found Irish policy and practice to be sufficiently similar and the Irish were willing to accept the new conditions for the operation of the revised CTA*. The new agreement was embodied in the 1952 Aliens Order and incorporated in the consolidated Aliens Order of 1953.

The Aliens Order 1946 exempted aliens travelling from the Channel Islands to the UK from control, but it was the Aliens Order 1953 which first made more detailed provision for the CTA*as a whole, and introduced the use of that term. It was only in the Immigration Act 1971, that the CTA*was put on a full statutory basis for the first time.

The Common Travel Area Today

In recent years, the sharp increase in immigration into the British Isles, together with growing concerns regarding cross-border organised crime and terrorism, has led the UK to undertake a revision of its border policies, including the way in which the CTA operates. It has become clear that routes across the CTA, between the UK and ROI are used for illegal entry, for example where individuals have been refused visas for one country within the CTA, they may seek to enter via another. The UK has announced plans to tighten CTA controls, using a similar approach to the ROI, whereby freedom of movement is specifically intended for CTA nationals. Whilst there may be changes to the CTA, the exact nature of these changes remains under development; nevertheless the UK and the ROI have reaffirmed their future commitment to the principles of the CTA.

______

Appendix III EUROPEAN UNION NATIONALS

Although the IOM is not a part of the European Union (EU) or European Economic Area (EEA) it does have certain obligations under section 7(1) of the Immigration Act 1988. Broadly speaking EU and EEA nationals are free to live and work in the Isle of Man, which includes self employment, providing they, like British citizens, obtain the necessary work permits where required and are not excluded on grounds of public policy, public security or public health, (public policy prohibits EU and EEA nationals from becoming a burden on public funds). The EEA comprises the 27 member states of the EU together with Liechtenstein, Iceland, Norway; Swiss nationals are treated as EEA nationals for immigration purposes.

Article 299(6) (c) of the Treaty establishing the European Community (“the EC Treaty”) provides that: “this Treaty shall apply to the Channel Islands and the Isle of Man only to the extent necessary to ensure the implementation of the arrangements for those islands set out in the Treaty

21

concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community signed on 22 January 1972.”

The IOM’s treatment of EU nationals is determined by Article 4 of Protocol 3 to the Treaty, which provides that the Island’s authorities shall apply the same treatment to all natural and legal persons of the Community. This means that the IOM Government must treat people from all the Member States in the same way. The Island cannot give more favourable or simply different treatment to people from certain EU countries such as perhaps the UK or Ireland.

EEA nationals exercising a Treaty right are not subject to immigration control and can, after 5 years in the IOM, apply for settlement status if they wish to; however the UK does not recognise time spent in the IOM (or the Channel Islands) as counting towards settled status in the UK, because the IOM is not in the EU.

EU nationals wishing to work in the Isle of Man

As indicated previously, any EU/EEA national must have a work permit under the Control of Employment Act (CEA). Provided that the Island treats all EU nationals (including people from the UK) in the same way it can, for example, restrict (or indeed bar) those persons from entering into employment on the Island, restrict their access to benefits, or restrict their ability to purchase property or land and reside in the Island. It is for this reason that the IOM can operate its control of employment; the Island must, of course, still comply with international treaty obligations that it has accepted in relation to, amongst other things, human rights, prevention of discrimination and in relation to the treatment of refugees.

Non EU nationals who are family members of EU nationals

Non EU nationals who are family members of EU nationals have the same rights as the EU national and are not subject to immigration control. Some may apply formally to enter the UK or Isle of Man as a family member of an EEA national, but if they don’t follow this procedure and can prove they are a family member then the EU legislation overrides immigration legislation in this instance.

______

Appendix IV

IMMIGRATION CATEGORIES LEADING TO SETTLEMENT

The following Immigration categories relate to foreign nationals granted leave to enter/remain in categories which can lead to settlement.  Work Permit Employment  Tier 2 (General)  United Kingdom Ancestry  Spouses/Fiancés  Family Members  Other Categories

There are a number of additional immigration categories which afford rights to settlement, usually after a period of 5 years continuously spent in the IOM, and these are as follows:-  as a businessman or a self-employed person;  investor;  Tier 1 of Points Based System (PBS)

22

 writer, composer or artist;  retired person of independent means

The following immigration categories relate to foreign nationals granted leave to enter or remain in the IOM in a category that does not lead to settlement.  Visitors  Students  Tier 5 (Youth Mobility)  Training and Work Experience Scheme  Tier 2 (ICT)

Please see the Immigration Rules at www.cso.gov.im for further details on all of the above categories.

______

Appendix V VISA REQUIREMENTS FOR THE UNITED KINGDOM

Subject to paragraph 2 below, the following persons need a visa for the Isle of Man - (a) Nationals or citizens of the following countries or territorial entities:

Afghanistan Eritrea Mozambique Albania Ethiopia Nepal Algeria Fiji Niger Angola Gabon Nigeria Armenia Gambia Oman Azerbaijan Georgia Pakistan Bahrain Ghana Peru Bangladesh Guinea Philippines Belarus Guinea Bissau Qatar Benin Guyana Russia Bhutan Haiti Rwanda Bolivia India Sao Tome e Principe Bosnia Herzegovina Indonesia Saudi Arabia Burkina Faso Iran Senegal Burma Iraq Sierra Leone Burundi Ivory Coast Somalia Cambodia Jamaica South Africa Cameroon Jordan Sri Lanka Cape Verde Kazakhstan Sudan Central African Republic Kenya Surinam Chad Korea (North) Swaziland People's Republic of China Kuwait Syria (except those referred to in Kyrgyzstan Taiwan (except those referred sub-paragraphs 2(d) and (e) of Laos to in sub-paragraph 2(h) of this this Appendix) Lebanon Appendix) Colombia Lesotho Tajikistan Comoros Liberia Tanzania Congo Libya Thailand Cuba Macedonia Togo Democratic Republic of the Madagascar Tunisia Congo Malawi Turkey Djibouti Mali Turkmenistan Dominican Republic Mauritania Uganda Ecuador Moldova Ukraine Egypt Mongolia United Arab Emirates Equatorial Guinea Morocco Uzbekistan

23

Venezuela (except those Vietnam Zimbabwe referred to in sub-paragraph Yemen 2(i) of this Appendix) Zambia

(b) The territories formerly comprising the socialist Federal Republic of Yugoslavia (c) Persons who hold passports or travel documents issued by the former Soviet Union or by the former Socialist Federal Republic of Yugoslavia. (d) Stateless persons. (e) Persons who hold non-national documents.

The following persons do not need a visa for the Isle of Man:

(a) those who qualify for admission to the Isle of Man as returning residents in accordance with paragraph 18, (b) those who seek leave to enter the Isle of Man within the period of their earlier leave and for the same purpose as that for which that leave was granted, unless it – (i) was for a period of 6 months or less, or (ii) was extended by statutory document or by section 3C of the Immigration Act 1971 (inserted by section 3 of the Immigration and Asylum Act 1999); (c) [DELETED] (d) those nationals or citizens of the People's Republic of China holding passports issued by Hong Kong Special Administrative Region, (e) those nationals or citizens of the People's Republic of China holding passports issued by Macao Special Administrative Region, (f) those who arrive in the Isle of Man with leave to enter which is in force but which was given before arrival, so long as those in question arrive within the period of their earlier leave and for the same purpose as that for which leave was granted, unless that leave – (i) was for a period of 6 months or less, or (ii) was extended by statutory document or by section 3C of the Immigration Act 1971 (inserted by section 3 of the Immigration and Asylum Act 1999); (g) [NOT USED] (h) those nationals or citizens of Taiwan who hold a passport issued by Taiwan which includes the number of the identification card issued by the competent authority in Taiwan. (i) those nationals or citizens of Venezuela who hold a passport issued by the Republic of Venezuela which contains biometric information held in an electronic chip.

24

Appendix VI

POLICE REGISTRATION

The nationals of certain countries are required to register with the Police upon arrival. They are required to advise the Police if they change address or if their immigration status changes. The Police registration scheme dates back to 1909 when Chief Constables were alerted to the threat of German espionage in the UK. In 1914, as a wartime measure, immigration controls were tightened to include a requirement for enemy aliens to register with the police.

By 1918, all aliens were required to register and afterwards it was decided that up to date residential details of aliens should be kept during peace time. The registration scheme has been reviewed on a number of occasions and now only applies to the nationals of certain countries, as indicated.

Under the revised Immigration Rules (which came into effect on 11 May 1998) nationals of the following countries who are aged 16 and over and who are being admitted for more than six months (included those being admitted for employment) should be required to register with the police, unless they are seeking entry in one of the categories listed below:

Afghanistan Cuba Libya Syria Algeria Egypt Moldova Tajikistan Argentina Georgia Morocco Tunisia Armenia Iran North Korea Turkey Azerbaijan Iraq Oman Turkmenistan Bahrain Israel Palestine United Arab Emirates Belarus Jordan Peru Ukraine Bolivia Kazakhstan Qatar Uzbekistan Brazil Kirgizstan Russia Yemen China Kuwait Saudi Arabia Colombia Lebanon Sudan

The following categories of people are exempt from the requirement to register regardless of their country of origin:

 those granted indefinite leave to enter or remain;  Ministers of religion, missionaries and members of religious orders;  private servants to staff of diplomatic missions;  seasonal agricultural workers;  spouses of people settled here who are granted leave to enter or remain on that basis;  family members of EEA nationals;  dependants of those not required to register (including dependants of EEA nationals) except the dependants of offshore workers;  members of non-NATO forces admitted for courses at British military establishments or with private companies;  Community service volunteers;  civilian components of NATO forces;  non-visa nationals who are employees of contractors to US Armed Forces in the United Kingdom; and non-visa nationals who are employees of the American Battle Monume.

25