- Conference
- 2008 National Black Members' Conference
- Date
- 21 December 2007
- Decision
- Carried
The presentation on legal migration is concerned with policy on the admission of workers to Britain for employment and on the entitlement of such workers once admitted. Government policy on economic migration was set out in the five year strategy announced in February 2005, “Controlling out Borders: Making Migration Work for Britain”. Among other things it proposed the reorganisation of the system governing economic migration into a points system. In this area we as black workers are concerned that public gives insufficient regard for the rights and interests of migrant workers.
Work permit holders who are skilled workers admitted for employment with a specific employer, obtain a work permit depending on the absence of suitably qualified resident workers. The number of work permits has increased in recent years with the highest global figure in 2003. After four years a work permit holder may apply for settlement which if accepted confers an unrestricted right of employment. Work permit holders have a right to change employers from as early a state as possible which is a basic labour market principal that helps to protect work permit holders against employer sharp practice.
The five-year strategy proposal that the period after which work permit holders can obtain settlement be extended to five years and that employers of work permit holders should be treated as “sponsors” responsible for compliance with immigration law, will make it more likely for black work permit holders to be more dependant to employers and more likely to be discriminated against, through the refusal to renew the work permit. The A8 Nationals are free to take any employment subject to an obligation to register each employment at a fee of £50 for the registration. The implications for black staff working within the NHS sector (i.e. Nurses and Carers) are even greater as the Home Office refuses to renew their work permits. Our view is that is not generally desirable to deny persons already in the territory the right to work permit employment where other conditions are satisfied as it is not realistic and may lead to the loss of a job offer, and in any event adds unnecessary complexity if not interfering with the basic human rights of every individual.
The migrant worker is not product of the twentieth century. Women and men have been leaving their homelands in search of work elsewhere ever since payment in return for labour and introduced. The difference today is that there are far ore migrant workers than in any period of human history. In times of economic recession, it is a common practice to restrict legal migration by foreign workers. Raising the barriers to legal entry, however, tends to have only a temporary or limited effect, and turns the flow of would-be migrants towards illegal channels; the other side of the coin would be the increase in discriminatory practice in public sector employers using their enforcement as “sponsors”.
On the matter of Senior Care Workers, Conference, welcomes The Home Office’s reprieve to temporarily waive key immigration criteria to retain much needed migrant / senior care workers. However, Conference deplores the change in rules which requires these workers in continual employment for five years instead of four, and must earn £7.02 wage / hour to qualify for an indefinite leave to remain in the UK.
This rule change forced many “Scottish Black Migrant Workers” in a very vulnerable situation facing exploitation and abuse, especially those migrant workers providing front line services in care sector, with work permits for only four years. The affected Migrant workers are also unable to change employment within this period of time, as “Work Permit UK” refuses extension or renewal of work permits, for people in this group.
This Conference calls on the National Black Members to work with regional SOGs and the TUC to:
1.Monitor very closely the black migrant workers within the branches who are losing their work permits as a result of the above practices.
2.Work in partnership with UNISON’s International Committee and Labour Link (MPs) to campaign strenuously against the proposals of the 5-year strategy that could lead to an increase of discrimination practices and to continue to oppose legislation that seeks to undermine the rights of migrant workers in the UK.
3.Seek to ensure all senior care workers are paid £7.02 wage / hour.
To seek legislation in line with EU Agency Workers Directive, and seek to ratify ILO convention 143 and UN convention 1990 to protect migrant workers rights.