Skilled migrants ruling prompts emergency action by Theresa May

                                                                                                                                                    

An article in the UK Guardian from Wednesday, 18^th July, described how a Supreme Court ruling challenged previous changes to the skilled migrant program. The ruling threatened to make thousands of previous decisions illegal, because the court declared that the changes were unlawful, since they had not been brought before parliament before their implementation. In addition, the ruling said that “changes to lists of shortage occupants, salary and skill levels, and advertising requirements had been set out in codes of practice that had not been laid out before parliament and so could not be relied on by UKBA to refuse work permits or visa applications.” The lead justice in this case, Lord Hope, stressed that changes to the immigration legislation had to be scrutinized by parliament, no matter what, or else the practices would be unlawful. This ruling could influence cases reaching as far back as 2008, but it should not have a direct effect on applications being made at the present moment. Home secretary Theresa May has put a statement of immigration policy changes before Parliament today, 19^th July, and they should go into effect tomorrow, however, this is a further blow on her already poor reputation. An unnamed Home Office spokesperson claimed that the ruling yesterday was intended to further simplify the immigration process, but it appears to have just muddled the waters even further.

Brophy Solicitors

http://www.guardian.co.uk/uk/2012/jul/18/skilled-migrant-ruling-emergency-action?INTCMP=SRCH

Standing Up For Migrants Rights

A survey by the One Foundation, reported in the Irish Times yesterday, has found that TDs fear that showing support for migrants may damage their electoral chances. Almost two thirds of those TDs surveyed said that they had encountered racist attitudes while canvassing.

This survey follows the recent resignation of Darren Scully, Major of Naas and Fine Gael Councillor, who stated in two separate radio interviews that in the future, he would refuse to represent African constituents.

Such attitudes are deeply depressing and contrast sharply with the positive attitude towards integration and life in Ireland expressed to us by many of our clients. It also contrasts sharply with the positive innovation of citizenship ceremonies for new Irish citizens that were recently introduced (see our post). 

We followed with interest  the ceremony held in Cork last week where retired High Court judge Mr Justice Bryan McMahon welcomed 635 “new Irish”. 

Mr Justice Bryan McMahon welcomed the “new Irish” saying: “The State, in granting you citizenship, does not ask you to surrender your own identity . . . when you make your life here, do not forget the country or the culture you come from, bring your stories, your music, your games – enrich our lives.”

The introduction of the citizenship ceremonies is certainly a positive, if limited step, towards addressing integration of migrants into Irish society. But much more is needed. We recall that the programme of the current government promised to: “promote policies which integrate minority ethnic groups in Ireland, and which promote social inclusion, equality, diversity and the participation of immigrants in the economic, social, political and cultural life of their communities.”

The Integration Centre recently launched a Roadmap to Integration that puts forward a number of affordable and practical proposals. You may recall our previous post on this important document. We again welcome implementation of such a roadmap and hope that an inclusive regime will help overcome the negative attitudes highlighted in this survey of TDs.

Brophy Solicitors

12.12.11 

“IMMIGRATION IS, ON THE WHOLE, GOOD FOR ECONOMIES”

We were interested to read the article 'Let Them Come' in this week’s Economist that concludes: “Immigration is, on the whole, good for economies.”  

The Economist argues that migrants are generally good for rich countries, even in these recessionary times. The flexibility and willingness of new workers migrating in can boost productivity and encourage innovation. But when economies are at low ebb, governments are reluctant to leave migration flows to the labour market and are quick to reintroduce limited border controls, they argue.

Such a response is starkly illustrated in the UK with the introduction of the points based immigration system and the recent so-called ‘cap’ on inward immigration. But even such efforts to control inward migration do not always work. An article in the Guardian newspaper last week commented on the actual rise in immigration into the UK as EU migrants arrive to fill gaps in the employment market.

Meanwhile, here in Ireland, we have seen a progressive tightening of the rules on employment permits. Our own experience shows that it is becoming increasingly difficult for applicants to obtain permission to work in the State. In visa refusals, we see the oft-repeated argument that the applicant risks becoming a burden on the State: economic considerations are alive and well in the Department.

But the Economist makes some sound arguments in favour of flexibility and leaving economic migration flows to the labour market. Migrants are needed to fill skills gaps; they provide a flexible, mobile work force. When they are here, they work hard and are valued employees. Concerns about public services and immigration in such hard times are understandable. But immigration is generally good and even in these tough times, the government should think twice before tightening border controls any further.

Brophy Solicitors

30.08.11

Migrant Workers in the Recession

IRISH JOBS FOR IRISH PEOPLE

A number of months ago I very briefly skimmed though one of Ian O’Doherty’s articles in the Irish Times wherein he mocked Gerry Adams, ‘the foreigner,’ coming down here and taking a seat in the Dail at a time when we are trying to keep Irish jobs for Irish people!

As a ‘foreigner’ myself coming from the North of Ireland and working in Dublin, I found O’Doherty’s comments mildly amusing as I thought of myself, for the first time as a foreigner – advising migrants on their rights to reside and work in the State.  Anyway, politics and views on Gerry Adams aside, the recession, as to be expected led to a feeling that we must protect and value OUR workers in the State, the Irish. 

The reality is that migrant workers in Ireland have been dealt a huge blow by the recession.  They are the least likely to be employed and the most susceptible group to exploitation in the work place.  Economic Social Research Institute figures show migrant workers are the hardest hit by the recession and three times more likely to lose their jobs than their Irish counterparts. In 2007, some 345,800 non-Irish were employed. That has now fallen 36 per cent to 220,000, leaving 125,000 people in need of social assistance.  

Statistics show a high percentage of negative decisions against non-Irish people trying to access State services leading to situations of homelessness, theft and awful standards of living.  The majority of cases that we have looked into show that the applicant is entitled to assistance having resided and worked for the appropriate time in the State.  Onerous and subjective habitual residency rules are often misinterpreted and misapplied to a large extent by State officials.  While the rules were put in place to stop ‘welfare tourism’ in Ireland, the current policy calls for urgent review to avoid a situation whereby non-Irish people, the majority of whom are EU citizens, do not fall outside the net when applying for State assistance that they are entitled to.  I do not envy any ‘foreigner’ who has lost their job in Ireland and who seeks assistance for themselves and their family.  Not only are the rules in place extremely complex and burdensome, the appeals and review procedure is something that would certainly deter a person from following through with the process in the first place.

Sarah McCoy, Brophy Solicitors

01.04.11