NRI politicians pressure UK and Canada's immigration policy of new points-based system
The points-based system will affect the entry of Indian chefs into UK
- over 350 Indian, Bangladeshi and Chinese restaurateurs will be in problem

Taking sides: Immigration debate in UK and Canada
April 24, 2008,
TNN

On both sides of the Atlantic - in UK and Canada - immigration policy is currently a hot topic. And considering that Indians constitute the largest group in Britain among the ethnic minorities, and more than 30,000 Indians relocate every year to Canada as permanent residents - it is not really surprising that there’s a lot of interest here too on the debate and discussions around the new immigration policies.

An interesting trend is that there are many Indians in top political positions in both UK and Canada, who have emerged as policy makers and key players in the new immigration policies, which may have a big impact on Indians in the years ahead.

An example is chairman and founder of Caparo group and member of UK’s House of Lords Swraj Paul, who is a member of the heavyweight House of Lords Economic Affairs Committee. A recent report from the committee recommended a cap on the number of immigrants into the UK from non-European Union countries. And even through British Prime Minister - Gordon Brown - who Lord Paul is known to be very close to - rejected the report, the NRI industrialist strongly felt that the benefits of immigration to UK could not be measured through per capita income.

“While calculating the benefits of immigration in UK, it’s not just the per capita income of immigrants that is significant. So while immigrants have in many ways helped to make the UK economy stronger, there is scope to increase the productivity per family too,” he said.

The committee - which discussed the UK government’s immigration policy for many months - also rejected the claim that a large number of immigrants were needed in the UK to fill in labour shortages. The new points-based system too was found to be carrying clear danger of inconsistencies. Prime Minister Brown, however, assured the Lords committee, that their concerns were already being tackled through the new points-based system.

Labour MP from Leicester East Keith Vaz, who is chairman of the British Parliament’s home affairs select committee, has also opposed the recommendations of the House of Lords committee. “I disagree with the notion that we need to put a cap on the number of migrants coming into the UK as does this government. A cap would only affect one fifth of all migrants that come and may result in us missing out on some very skilled and necessary people. It would also be hard to manage as the needs of Britain are in constant flux,” said Mr Vaz who’s of Indian origin.

“A cap on migrants would only affect those coming from outside of the EU and non-students, therefore people from South Asia would be one of the major groups affected. I do hold concerns about the points-based system - for example the evidence submitted by those in the catering trade who say that the points-based system will mean that they are unable to get the chefs that they need,” he added. The home affairs committee which he heads will be holding an enquiry into the points-based system later this year to see how the system will work in practice.

London-based lawyer Maria Fernandes who is principal of Fernandes Vaz Solicitors and chair of the Ethnic Minority Citizens Forum feels that the House of Lords report has relied on very flimsy evidence in reaching its conclusions.

“People remember that there was a type of cap on immigrants some years ago with the special voucher system. It is unlikely that the UK can introduce a cap particularly with the need for skilled jobs which changes rapidly with new technology. There will, however, be a more subtle cap with the introduction of the points-based system as it will rely on the points being met, and this or any future government can easily manipulate the criteria to reduce numbers,” Ms Fernandes said.

She also feels that the points-based system will affect the entry of Indian chefs into UK. “At the moment one of the requirements to be introduced is the need for the applicant to speak English to a level equivalent to a university entrant. This will clearly cut out a lot of very capable chefs in the industry.

With the sea change in the manner in which UK’s work permit system is being operated and if this continues with the introduction of the new points-based system, restaurants on high streets will simply disappear. This will spell the end of UK as the recognised capital for high quality multicultural cuisine. I am working with the migration advisory committee which will report on shortages in the various industries to the government in June. I am preparing a submission on shortages and why these jobs should be on the shortage occupation list,” she added.

Recently, over 350 Indian, Bangladeshi and Chinese restaurateurs attended a public meeting with UK’s immigration minister Liam Byrne to express a number of concerns about changes to the rules on work permits for chefs. The view that was forcefully expressed by several attendees was that a requirement for chefs to speak English as well as university students is totally unnecessary and indicates a lack of understanding.

There were also concerns that immigration officers were routinely raiding restaurants throughout the country during peak hours, causing chaos within restaurants, and by these actions were criminalising employers.

Meanwhile, in Canada too there are various shades of opinion on the proposed new immigration Bill among the Indo-Canadian community. While Deepak Obhrai, the topmost Indo-Canadian in the current government, has defended the Bill, former Canadian revenue minister Herb Dhaliwal is strongly opposed to it and has even urged the Opposition to bring down the government on the issue.

“Over the years, the immigration system in Canada has become a mess with delays of 6-7 years piling up for all categories of immigration including family reunification. Now with the proposed new law, we want to clear the backlog and ensure faster processing of papers for skilled immigrants who the government feels are required by the Canadian economy. While we will be streamlining the process and fast-tracking the applications of those categories of people with the skills that are needed in this country, the changes will have no impact on the family reunification or refugee and humanitarian categories,” Mr Obhrai, MP, Calgary East and parliamentary secretary for foreign affairs in the Canadian govt, said.
Recently the budget implementation Bill, which contains the new legislation, has survived a key vote in the country’s House of Commons. While the new Bill will give the Canadian government the discretion to choose the immigrants that they need, others who are not covered by those categories, will not have their papers processed and will have to reapply again.

The Canadian government holds the former Liberal government responsible for allowing the immigration waiting list to balloon from 50,000 to over 900,000. However, Mr Dhaliwal, who was the first Indian-origin person to become a minister anywhere in the western world when he joined the Liberal party-led Canadian cabinet in 1997, feels that the purpose of the Bill is to destroy the regulatory process and put all powers in the hands of the immigration minister (Diane Finley) so that she can decide who is let in and who is stopped.

Immigration experts feel that if the Immigrant and Refugee Protection Act is passed, the current Canadian immigration system will undergo significant changes. The new legislation, which will also involve a bigger budgetary allocation for clearing the immigration backlog, will become effective retrospectively from February 28, 2008, if passed.

Ruby Dhalla, Liberal MP from for Brampton-Springdale, too has warned the Conservative government that the recent proposals to amend the Immigrant and Refugee Protection Act are similar in spirit to many incidents of intolerance from Canada’s past.

“Immigrants to this country must have their applications assessed with fairness and equality. This government is threatening these principles by their proposed amendments. No one person should have the power to randomly choose who gets into Canada, and who doesn’t,” commented Ms Dhalla.

She feels that the more than 900,000 prospective immigrants on Canada’s waiting list could be stripped of their right to a visa if the new amendments were to be passed.

“The government needs to invest more money into the immigration system to alleviate the huge backlog of immigrant applicants that currently exists. Our entire future as a country is dependent on a steady flow of immigrants to maintain population and economic growth,” she said.