GD2016/0081 CABINET OFFICE Crown and External Relations Passport, Immigration and Nationality Services Annual Report April 2015 - March 2016 THIS DOCUMENT GIVES GENERAL GUIDANCE ONLY AND SHOULD NOT BE TREATED AS A COMPLETE AND AUTHORITATIVE STATEMENT OF THE LAW November 2016 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 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 has taken place with the result due early in 2017. 3 – IMMIGRATION SERVICE 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, but 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 10 November 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 Isle of Man Immigration Service records where possible, immigration data which it publishes in this report. 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. For example, non-visa foreign nationals ("persons who do not require a visit visa prior to travelling") can arrive at a port in the UK and be granted entry clearance for up to six months. These non-visa foreign nationals are then legitimately able to move freely within the Common Travel Area. Such people who spend time on the Isle of Man will not be captured in our figures. Most non-visa 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). 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 five years. Annual Total Annual Total Annual Total Annual Total Annual Total Category 2011 - 12 2012 - 13 2013 - 14 2014 - 15 2015 - 16 Entry Clearance 861 668 513 497 586 Variation of Leave 211 183 214 223 229 Indefinite Leave to Remain 220 140 89 123 246 Total Applications 1292 991 816 843 1061 Immigration Control There are 4 main stages to the process of immigration control, namely:- Pre-entry – application for entry clearance made in the country of current residency of applicant. On-entry – requirements to be met by non-visa nationals arriving at the border. After-entry – renewal or switch of visa categories by someone currently inside the Isle of Man with valid leave. Enforcement – dealing with immigration breaches or offences. Entry Clearance is necessary for visa nationals ("foreign nationals who do require a visa prior to travelling" – see Appendix A) and for all categories where the applicant is seeking admission for over six months. Persons seeking entry clearance to the Isle of Man must complete their visa application on-line, in the same way as applicants wishing to visit the UK. The British Embassy or Consulate post in the country where the applicant is currently residing will refer their applications directly to the Isle of Man Immigration Service for decision. If approved, the visa is inserted into the applicant’s passport by that overseas post in vignette form. The table below shows the number and types of entry clearance granted by the Isle of Man Immigration Service. These figures do not include individuals who may be in the Island having been granted entry clearance entry clearance through the United Kingdom or other Crown Dependancies, who then travel to the Isle of Man because there is no requirement for border controls between the Isle of Man and the United Kingdom who are constituents of the Common Travel Area. Annual Total Annual Total Annual Total Annual Total Annual Total Category 2011 - 2012 2012 - 2013 2013 - 2014 2014 - 2015 2015 - 2016 Business Visitors 91 128 70 52 85 General & Family 576 318 272 283 331 Visitors Dependant of a 33 39 5 6 11 settled person Spouses/Partner of 20 22 6 14 15 a settled person Tier 1 visas 1 2 1 5 3 Tier 2 visas 54 76 57 54 47 Tier 4 Student visas 4 5 10 9 10 Tier 5 Youth Mobility 0 0 0 0 0 Tier 5 Temporary 1 0 1 0 2 workers Spouse/Partner of 14 15 16 20 28 Tier 1 or Tier 2 Child of a Tier 1 or 22 16 23 15 22 Tier 2 visa holder EEA Permanent Not previously captured separately but recorded as “Other” 0 Residence EEA Family Member Not previously captured separately but recorded as “Other” 4 Others 44 47 52 39 28 Total 860 668 513 497 586 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 continues to provide on-entry border control at the Isle of Man Airport for over 55 flights arriving from outside the Common Travel Area (see Appendix D). Whilst the majority of passengers are returning holiday makers, these flights can and indeed do carry passengers who are required to be landed by an immigration officer due to their immigration status. Post-entry Controls Post-entry or Leave to Remain control exists for all foreign nationals seeking to extend their leave to remain in the Isle of Man or vary their conditions of stay. This would include extending the duration of leave, or transferring from one immigration category to another where the Immigration Rules permit.