Simplifying legislation, processes and technology

Simplification project - reform of immigration law

The Simplification project team is taking forward the public commitment made in the review of the immigration system (July 2006) to radically simplify immigration law. The Immigration Act 1971 is the foundation of the current legal framework, although that Act was passed in a very different world. Subsequent Acts have provided vital additions and strengthening measures to respond to changes over the last thirty years. These Acts are:

• Immigration (Carrier's Liability) Act 1987
• Immigration Act 1988.
• Asylum and Immigration Appeals Act 1993,
• Asylum and Immigration Act 1996,
• Special Immigration Appeals Commission Act 1997
• Immigration and Asylum Act 1999,
• Nationality, Immigration and Asylum Act 2002,
• Asylum and Immigration (Treatment of Claimants, etc) Act 2004,
• Immigration, Asylum and Nationality Act 2006
• UK Borders Act 2007.

We recognise that the legal framework for immigration has become complex. We believe that this complexity can reduce the efficiency of decision-making processes, resulting in a risk of delay and mistakes. It can also make it difficult for applicants to understand how they can come to or stay in the United Kingdom legitimately.

To address this we are working towards replacing all of the existing Immigration Acts with a new, clear, simplified Act. To do this we will also need to introduce new, clearer immigration rules and necessary secondary legisation, replacing the existing products. New operational guidance will need to be created to replace the existing products.

We ran an initial consultation entitled 'Simplifying Immigration Law: an initial consultation' from 6 June to 29 August 2007. This consultation introduced the project and set out principles for simplification. The results of this consultation were published on 6 December 2007.

In February 2008 we published a joint Green Paper covering new proposals about citizenship and simplification of the law (The Path to Citizenship: Next Steps in Reforming the Immigration System). This consultation period closed in May 2008.

On the 14 July 2008, following on from the Green Paper, we published the following documents, which focus on the proposals on citizenhsip:

• An analysis of consultation responses
• Our response to the consultation on the Green Paper covering what people thought about the new proposals about citizenship and simplification of the law.

On 14th July 2008, we also published the following documents focusing on simplification of the law:

• A partial draft Immigration and Citizenship Bill setting out proposals for the replacement of 10 Immigration Acts with a single piece of new law.
• The Bill narrative "Making Change Stick" setting the context for the Bill and explaining the gaps in the current draft.
• A Partial impact assessment of draft (partial) Immigration and Citizenship Bill
• Draft illustrative immigration rules on protection.

You can find these documents on the right side of this page.

We've made a good start to simplification with the partial draft bill. We want to build on that, and allow enough time for scrutiny and discussion to ensure we get it right. We're committed to it. We'll publish a complete draft before the end of the 08/09 Parliamentary session.

Meanwhile, there are some priority issues that will be taken forward more quickly. These are standalone changes, announced in the Queen's Speech on 3 December 2008, that strengthen the existing law and enable UKBA to do a better job. A bill will be introduced to Parliament to take these forward as soon as the Parliamentary timetable allows.

The Border, Immigration and Citizenship Bill

The purpose of the Bill is:

To strengthen border controls, by bringing together customs and immigration powers, and to ensure that newcomers to the United Kingdom earn the right to stay. It will strengthen the law and support the development of the UK Border Agency.

The main elements of the Bill are:

A strong border

• Providing for better integration of customs and immigration functions within the new Border Agency.

Ensuring migrants earn the right to stay

• Implementing the new path to citizenship, with progress slowed down if migrants don't make an effort to integrate, or commit even minor crimes.

A firm but fair system

• Implementing a new duty for the UKBA to safeguard the welfare of children.
• Ensuring fairness in nationality cases by removing the historical cut-off point for enabling children of British mothers born before 1961 to become British themselves, and recognising our obligation to the armed forces by enabling those serving overseas to register their children as British.

The main benefits of the provisions are:

Supporting legislation to underpin the UK Border Agency's operations will mean:

• Increasing operational effectiveness at the UK Border
• Setting out the new path to citizenship and ensuring that newcomers to the UK earn the right to stay.

The Simplification team is working closely with the Immigration Case Work Programme team to link together the simplified legal framework with strengthened and streamlined business processes.

You can contact the project at immigrationsimplification@homeoffice.gsi.gov.uk

Immigration Case Work Programme

The Immigration Case Work (ICW) programme stems from commitments given in the review of the immigration system in July 2006, including the following:

• We will radically overhaul processes to simplify and standardise activities.
• We will put in place an electronic case working system and support this with improved information and knowledge management systems.

The vision of the ICW programme is to assist the Home Office and the UK Border Agency, in meeting these and other objectives through the delivery of a world-class case working capability. This will be achieved by delivering radically redesigned and simplified processes that take advantage of modern, proven technology to significantly improve efficiency and customer service.

To ensure the best possible solution, ICW will take account of lessons learnt from past business change and technology implementation programmes as well as from good practice in other countries and other organisations. Building on the roll out of the points-based system, implementation is expected to take place in a phased way in accordance with the time frames set out in the UK Border Agency's business plan, with different parts of the business taking on improved processes and systems at different times. Great emphasis will be placed on initial and ongoing training to ensure that users are competent in using the new systems.

The programme will need to deliver demonstrable value for money and will explore all of the available procurement avenues - including existing competed Government framework contracts and full open competition. Any procurement activity will, of course, comply fully with government and Home Office policy, as well as with relevant legislation. Further information will appear on this website as requirements are developed.

If you would like to pass on your ideas or suggestions about how immigration processes and systems could be improved, or you would like to find out more about the ICW programme, you can contact the ICW team using the following email address: ICWProgramme@homeoffice.gsi.gov.uk