The Guardian view on the Home Office: residency rules are prolonging misery
Over the last decade, the immigration system has sought to make life nearly impossible for many seeking a better future in Britain. The rationale has been that it diminishes hostility to refugees and migrants. If people aren’t allowed to claim benefits, they can’t be accused of being a burden. If they’re forced to wait years before gaining leave to remain, many will leave of their own accord. If the system is harsh, it will function as a deterrent.
Yet, as a recent paper from the Institute for Public Policy Research makes clear, these punitive and complex rules create hardship and prevent people from contributing to society. The 10year route to residency, which allows those with family connections to apply for leave to remain after spending a decade in the country, is a particularly cruel example. Around 170,000 people in Britain have permission to remain on this route. Many are women and people from black and south Asian backgrounds; many are in low-paid work. More than half are unable to meet the basic costs of living. The design of the route meanspeople easily fall foul of it. Making a mistake on a form, or being unable to afford the £2,404 fee at the end of the process, can be enough to lose your immigration status and face the full force of the hostile environment.
Theresa May introduced the 10-year route as part of a wider slate of policies to curb net migration. Another of Ms May’s reforms, which applies to those on this route, was expanding New Labour’s “no recourse to public funds” rule. This prevents undocumented people, or those with temporary visas, from accessing benefits. The rule, which has been found unlawful numerous times, makes people destitute and is premised on the false assumption that migrants are freeloaders. Although one can apply to have the rule lifted, legal aid no longer covers most immigration cases. In a tacit admission of its failures, the government now allows parents with no recourse to public funds to apply for free school meals. The rule should be scrapped altogether.
The 10-year route, like many of Britain’s immigration rules, effectively functions as a cash cow for the Home
Office. Every 30 months, people must reapply for a visa, which costs £2,608 for adults and £2,223 for children. One investigation found that the department makes an 800% profit on some visa applications. The Home Office is beset by a fear that apparent concessions could be perceived as weaknesses. Forcing applicants who are already struggling with money to pay extortionate fees seems like a callous attempt to prove that migrants are no cost to the taxpayer. These fees should be limited to administrative costs. Lowpaid workers should not be a moneymaking scheme.
This is not only a question of fairness. The 10-year route treats people who have lived and worked in the UK for years, many in understaffed sectors such as health and social care, as a problem. On this and other policies, the Home Office functions at cross-purposes to departments such as the Treasury and health. The route prevents people from accessing student loans that would allow them to study, and traps them in low-paid jobs because employers are reluctant to hire those on short-term visas. It reduces people’s earning potential and future tax contributions, and all but guarantees that they live in poverty. It does not have to be this way.