The plans are intended to “restore order and control” to the asylum system.
Home Secretary Shabana Mahmood has unveiled plans to “restore order and control” to the asylum system modelled on the Danish approach.
The package of reforms is aimed at making Britain a less attractive destination for illegal migrants, and making it easier to remove them from the UK.
Alongside Mahmood’s statement to MPs, a 33-page document titled Restoring Order and Control detailing the plans was published on Monday.
Here are the key points of the Government’s plans and the Danish system said to have inspired it.
What changes is the Government making?
– Refugee status will become temporary and subject to review every 30 months under a “core protection” offer. Refugees will be removed as soon as their home countries are deemed safe. The wait for permanent settlement will be quadrupled to 20 years.
– New safe and legal routes to the UK will be introduced as a way to cut dangerous journeys in small boats across the English Channel. For those arriving on these resettlement routes for work and study they could be offered long-term status in 10 years, subject to consultation.
– Local communities will be able to sponsor individual refugees in a model similar to the Homes for Ukraine scheme, in which people hosted those in need in their homes.
– Refugees in the UK under “core protection” will be encouraged to switch to a new “protection work and study” route if they get a job or study at the appropriate level and pay fees. They will be able to earn earlier settlement this way.
– There will be no automatic right to family reunion for refugees unless they successfully enter the “protection work and study” route and become eligible to sponsor family members joining them in the UK, such as by earning a minimum-set salary, under the same conditions as legal migrants and UK citizens.
– The Government will revoke the legal duty to provide asylum seeker support, introduced in 2005 via EU law. This means housing and weekly allowances will be discretionary and no longer be guaranteed for asylum seekers.
– Those who have a right to work in the UK and can support themselves, but do not, could also be denied housing and benefits because of the change, as could lawbreakers. People with income and assets such as cars and e-bikes will have to contribute to their costs.
– Removals to certain countries will be resumed, and refugees may be deported to countries such as Syria. A consultation will also be launched on how to carry out removals of families of failed asylum seekers, including children, who continue to live in the UK.
– Human rights law will be overhauled to prevent it from being used to frustrate deportations. New legislation will be brought forward to ensure Article 8 of the European Convention on Human Rights (the right to family life) is balanced against the public interest.
– Ministers will also work with international partners to reform the ECHR on the use of Article 3 of the treaty, which prohibits torture and inhuman treatment, which they say has allowed foreign criminals to stay in the country because of how it is interpreted.
– Asylum seekers whose claims are denied will also be limited to make one appeal against their removal, instead of having the ability to make multiple challenges on different grounds.
– Last-minute appeals will be expedited, and the deportation of serious criminals will be fast-tracked with a new independent body.
What is Denmark’s approach to asylum?
– The Danish government drastically changed its migration system in response to a major influx of people throughout the 2010s. As a result, asylum seekers can only get temporary residence permits for one to two years.
– Residency is subject to regular review, and can be revoked once a refugee’s home country is deemed safe.
– Refugees are usually eligible for permanent status after eight years, and in order to get it they must speak fluent Danish and are required to have had a job for several years. There are also supplementary requirements, including “active citizenship”.
– People refused asylum must live in “departure centres”, a basic standard of accommodation designed to incentivise a voluntary return home.
– Family reunification is also subject to strict tests, including that both a sponsor and their partner must be over 24 years old, in a bid to prevent forced marriages.
– A controversial policy known as the “jewellery law” allows the Danish authorities to confiscate asylum seekers’ assets, including jewellery, to help fund the costs of their stay in Denmark. Assets of “special personal significance” should not be taken.
– The authorities are also able to demolish and sell social housing in areas where more than 50% of residents are from a “non-western” background, under a so-called “ghetto law” designed to prevent the formation of “parallel societies”.
– The effect of Denmark’s policies has been to reduce the number of asylum applications to the lowest number in 40 years, and remove 95% of rejected asylum seekers.
– It has however been criticised by some opponents as racist, and elements of it were previously found to have breached human rights law.
– The Danish government is led by a political party which has a philosophy similar to Britain’s Labour Party. It is seen as a model for the way a left-leaning administration can roll out an immigration crackdown, placate voters’ concerns about migration, and defeat political rivals.
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