UK Border Agency | |
---|---|
Abbreviation | UKBA |
Agency overview | |
Formed | 1 April, 2008 |
Preceding agencies |
|
Dissolved | 1 April 2013 |
Superseding agency | Border Force UK Visas and Immigration Immigration Enforcement |
Employees | 23,500 |
Jurisdictional structure | |
National agency (Operations jurisdiction) | United Kingdom |
Operations jurisdiction | United Kingdom |
Legal jurisdiction | United Kingdom |
Headquarters | 2 Marsham Street, London, SW1P 4DF |
Sworn members | 10,000 |
Unsworn members | 10,000 |
Minister responsible | |
Agency executive |
|
Parent agency | Home Office |
Facilities | |
UKBA 42m Customs Cutters | Five |
Planes | Yes |
Detection dogs | Over 100 |
Notables | |
Programme |
|
Website | |
ukba.homeoffice.gov.uk |
The UK Border Agency (UKBA) was the border control agency of the Government of the United Kingdom and part of the Home Office that was superseded by UK Visas and Immigration, UK Border Force and Immigration Enforcement in April 2013.[1] It was formed as an executive agency on 1 April 2008 by a merger of the Border and Immigration Agency (BIA), UKvisas and the Detection functions of HM Revenue and Customs. The decision to create a single border control organisation was taken following a Cabinet Office report.[2]
The agency's head office was 2 Marsham Street, London. Rob Whiteman became Chief Executive in September 2011. Over 23,000 staff worked for the agency, in over 130 countries. It was divided into four main operations, each under the management of a senior director: operations, immigration and settlement, international operations and visas and law enforcement.[3]
The agency came under formal criticism from the Parliamentary Ombudsman for consistently poor service, a backlog of hundreds of thousands of cases, and a large and increasing number of complaints.[4] In the first nine months of 2009–10, 97% of investigations reported by the Ombudsman resulted in a complaint against the agency being upheld.[5] The complainants were asylum, residence, or other immigration applicants.[5]
On 26 March 2013, following a scathing report into the agency's incompetence by the Home Affairs Select Committee,[6] it was announced by Home SecretaryTheresa May that the UK Border Agency would be abolished and its work returned to the Home Office. Its executive agency status was removed[7] as of 31 March 2013 [8] and the agency was split into two new organisations; UK Visas and Immigration focusing on the visa system and Immigration Enforcement, focusing on immigration law enforcement.[9][10] Prior to this in April 2012, the border control division of the UKBA was separated from the rest of the agency as the Border Force.
- 2Powers
- 3Immigration control
- 4Controversies
Home Office Immigration Jobs
Role[edit]
The agency attained full agency status on 1 April 2009. Immigration Officers and Customs Officers retained their own powers for the enforcement and administration of the UK's borders, although management of the new organisation was integrated and progressively officers were cross trained and empowered to deal with customs and immigration matters at the border. The Borders, Citizenship and Immigration Act 2009 received Royal Assent on 21 July 2009. This allowed the concurrent exercise of customs powers by HMRC Commissioners and the Director of Border Revenue; it was the first step in overhauling immigration and customs legislation.
A UK Border Agency officer examines counterfeit football shirts upon their arrival in the United Kingdom
The UK Border Agency had a staff of 23,500 people located in over 130 countries. Overseas staff vetted visa applications and operated an intelligence and liaison network, acting as the first layer of border control for the UK. The organisation operated as the single force at the border for the UK. Local immigration teams worked within the regions of the United Kingdom, liaising with the police, HMRC, local authorities and the public.[11] In August 2009 HM Revenue and Customs transferred several thousand customs detection officers to the agency, following Parliament agreeing to give it customs control powers. The agency then began to investigate smuggling. The agency was developing a single primary border control line at the UK border combining controls of people and goods entering the country.
The agency's E-borders programme checked travellers to and from the UK in advance of travel, using data provided by passengers via their airline or ferry operators. The organisation used automatic clearance gates at main international airports.
The agency managed the UK Government's limit on non-European economic migration to the UK. It was responsible for in-country enforcement operations, investigating organised immigration crime and to detecting immigration offenders including illegal entrants and overstayers. The body was also responsible for the deportation of foreign national criminals at the end of sentences.
The UK Border Agency's budget combined with that of the Border Force was £2.17 billion in 2011-12. Under the spending review the agency was required to cut costs by up to 23%.[12] At its peak the agency employed around 25,000 staff, but 5,000 posts were due to be cut by 2015 against the 2011-12 levels.[13]
Founding Chief Executive Lin Homer left the agency in January 2011 to become the Permanent Secretary at the Department for Transport. Deputy Chief Executive Jonathan Sedgwick was acting chief until the new CEO, Rob Whiteman, took over on 26 September 2011. Sedgwick then became director of international operations and visas.[3] In July 2011, the strategic policy functions of the agency moved to the Home Office.
Home Secretary Theresa May announced to Parliament on 26 March 2013 that the agency would be abolished due to continuing poor performance, and replaced by two new smaller organisations which would focus on the visa system and immigration law enforcement respectively. The UKBA's performance was described as 'not good enough', partly blamed on the size of the organisation. A report by MPs also criticised the agency, and described it as 'not fit for purpose'. It was also claimed that the agency had provided inaccurate reports to the Home Affairs Select Committee over a number of years.[9] The agency was split internally on 1 April 2013, becoming a visa and immigration service and separate immigration law enforcement service.[14]
Powers[edit]
UKBA Cutters, such as HMC Searcher, are capable of top speeds of 26 knots[15]
The UKBA often cooperated with the Police, such as at this customs raid. The officer on the left is a Police Community Support Officer (PCSO)
Staff held a mixture of powers granted to them by their status as immigration officers and customs officers.
Immigration powers[edit]
Immigration officers had the power of arrest and detention conferred on them by the Immigration Act 1971, when both at ports and inland. In practice, border force officers exercised powers under Schedule 2 of the Immigration Act 1971 and inland immigration officers under S28A-H of the Immigration Act 1971 and paragraph 17 of Schedule 2. This led to separate training for border and inland officers.
This act is applicable in England, Wales and Northern Ireland. 'Designated Immigration Officers' are port immigration officers who have been trained in detention under PACE. UK Border Agency immigration officers wear a uniform with rank insignia. Enforcement immigration officers wear body armour and carry handcuffs and ASP batons.
Offices of the UK Border Agency in Sheffield
Customs powers[edit]
Customs officers had wide-ranging powers of entry, search and detention. The main power was to detain anyone who had committed, or who the officer had reasonable grounds to suspect had committed, any offence under the Customs and Excise Acts.[16]
Removal of foreign nationals[edit]
The UK Border Agency occasionally removed foreign national criminals at the end of their prison terms. Over 5000 foreign national prisoners were deported each year. The agency also removed failed asylum seekers and others illegally in the UK. A 2009 report by the National Audit Office cited lack of detention space to support the asylum process. The agency had over 3000 detention spaces in removal centres run by private contractors or the Prison Service.[17]
Immigration control[edit]
UKBA officers staff the UK border at London Heathrow Airport's Terminal 5
Common travel area[edit]
Immigration control within the United Kingdom is managed within a wider Common Travel Area (CTA). The CTA is an intergovernmental agreement that allows freedom of movement within an area that encompasses the UK, Isle of Man, Channel Islands (Guernsey, Jersey, Sark and Alderney) and the Republic of Ireland. Authorised entry to any of the above essentially allows entry to all the others but it is the responsibility of the person entering to ensure that they are properly documented for entry to other parts of the CTA. Despite the CTA it is still possible to be deported from the UK to the Republic of Ireland and vice versa.
Juxtaposed controls[edit]
Entry to the UK via the Channel Tunnel from France or Belgium or by ferry through selected ports in north-east France is controlled by juxtaposed immigration controls in Britain, France, and Belgium, i.e. travellers clear UK passport control in France or Belgium and those travelling to France or Belgium clear French controls while in the UK. Belgium does not maintain controls in the UK as the first Schengen country entered is France. UK Border Agency checkpoints in France are operated at Gare de Calais-Fréthun, Gare de Lille Europe, Gare de Marne-la-Vallée–Chessy, Gare d'Avignon-Centre, Channel Tunnel, Calais ferry terminal, Dunkirk ferry terminal and Gare du Nord station, Paris. A checkpoint operated at Boulogne-sur-Mer until the port closed in August 2010. United States border preclearance is an equivalent system operated by that country's equivalent to the UKBA at some airports outside the US.
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Controversies[edit]
Student visas[edit]
There have also been difficulties with the management of student visas under Tier 4 of the Points-Based System. The assessment of the Independent Chief Inspector, carried out between July and August 2010, found that there was an inconsistent response towards applications, with some cases given extra time to prepare and others dismissed for minor reasons.[18]
Dropped casework[edit]
In November 2011, the Home Affairs Select Committee issued a report that found that 124,000 deportation cases had been shelved by the UKBA. The report said the cases had been dumped in a 'controlled archive', a term used to try to hide the fact from authorities and auditors that it was a list of lost applicants.[19]
Border checks[edit]
Following allegations that staff were told to relax some identity checks, in November 2011 the UK Home Office suspended: Brodie Clark, the Head of the Border Force;[20] Carole Upshall, director of the Border Force South and European Operation;[21] Graham Kyle, director of operations at Heathrow Airport.[20] The Home Office is presently investigating allegations that Clark had agreed to 'open up the borders' at certain times in ways ministers would 'not have agreed with'.[20] It is alleged that between July and the end of October 2011, queues at passport control were 'managed' so as not to annoy holiday makers.[21] The BBC reported that staff may have been told not to scan biometric passports at certain times, which contain a digital image of the holder's face, which can be used to compare with the printed version and check the passport has not been forged.[20] It is also believed that 'warning index checks' at Heathrow and Calais were also suspended, which would have applied strict security checks against official watchlists of terrorists, criminals, and deported illegal immigrants.[22]
After Clark refused the offer to take early retirement, he was suspended and the investigation began.[20] A two-week inquiry led by former Metropolitan Police detective Dave Wood, currently head of the agency's enforcement and crime group, sought to discover to what extent checks were scaled down, and what the security implications might have been. A second investigation, led by former MI6 official Mike Anderson, the Director General of the Home Office's strategy, immigration and international group, sought to investigate wider issues relating to the performance of UKBA regarding racism.
It was then announced on 5 November by Theresa May that an independent inquiry would also be undertaken, led by the Chief Inspector of the UK Border Agency, John Vine.[23] The Border Force became a separate organisation on 1 March 2012.[24]
2014 Sham Weddings Trial Collapse[edit]
In October 2014, the trial of the Reverend Nathan Ntege - accused of conducting almost 500 sham marriages at a church in Thornton Heath, South London between 2007 and 2011 - collapsed after it became apparent that evidence had been tampered with, concealed, or even possibly destroyed. As immigration officers were questioned in the witness box of the Inner London Crown Court it became clear that not only had video footage gone missing but that an investigation log had been tampered with. The trial was halted by Judge Nic Madge, who said in court: 'I am satisfied that officers at the heart of this prosecution have deliberately concealed important evidence and lied on oath”. The Judge added: “The bad faith and misconduct started in 2011, when two of the principal defendants were arrested, and has continued throughout the course of this trial. In my judgment, it has tainted the whole case. It has tainted the prosecution against all seven defendants. It is a case in which the prosecution should not be allowed to benefit from the serious misbehaviour of the officer in the case or the disclosure officer”. The Reverend Ntege and six other defendants were formally acquitted of all 17 charges, which related to marriages of convenience in order to bypass immigration laws. UK TV station Channel 4 News later reported that three immigration officers had been suspended and that the Independent Police Complaints Commission (IPCC) would be conducting an investigation. The Crown Prosecution Service (CPS) said that it accepted that the handling of the case had fallen below acceptable standards and that it would conduct a full review.[25]
See also[edit]
References[edit]
- ^'UK Border Agency'. GOV.UK. 2013. Retrieved 27 March 2013.
- ^'Security in a global hub – Establishing the UK’s new border arrangementsArchived 6 September 2008 at the Wayback Machine'. Cabinet Office. Last updated 16 June 2009.
- ^ ab'Our organisation'. UK Border Agency. 2013. Retrieved 27 March 2013.
- ^Fast and Fair?[permanent dead link] – report on UK Border Agency by the Parliamentary Ombudsman, published 9 February 2010
- ^ ab'Press release: Ombudsman publishes report on UK Border Agency'. Ombudsman.org.uk. Archived from the original on 3 April 2012. Retrieved 12 April 2012.
- ^'The work of the UK Border Agency (July-September 2012) - Conclusions and recommendations'. UK Parliament. 19 March 2013.
- ^'UK Border Agency'. UK Parliament Hansard via TheyWorkForYou.com. 26 March 2013. Retrieved 8 June 2013.
- ^'UK Border Agency's transition to Home Office'. Former UK Border Agency Website. 3 May 2013. Archived from the original on 16 June 2013. Retrieved 8 June 2013.
- ^ ab'UK Border Agency 'not good enough' and being scrapped'. BBC News. 26 March 2013. Retrieved 26 March 2013.
- ^UK Border Agency | Our organisation. Ukba.homeoffice.gov.uk (2013-04-01). Retrieved on 2013-10-23.
- ^'Our work in your region'. UK Border Agency. 2013. Retrieved 27 March 2013.
- ^'UK Border Agency Business Plan'. UK Border Agency. 2011. Archived from the original on 4 June 2013. Retrieved 27 March 2013.
- ^'The UK Border Agency and Border Force: Progress in cutting costs and improving performance'(PDF). National Audit Office. 17 July 2012. Archived from the original(PDF) on 5 November 2012. Retrieved 27 March 2013.
- ^'UK Border Agency's transition to Home Office'. UK Border Agency. 3 May 2013. Archived from the original on 16 June 2013. Retrieved 12 May 2013.
- ^'News release: Preventing drugs and other illegal goods from being smuggled into Britain'. UK Border Agency. 9 July 2008. Archived from the original on 30 December 2008.
- ^'Section 138, Customs and Excise Management Act 1979 (c. 2)'. Office of Public Sector Information. Retrieved 12 April 2012.
- ^'Audit Office report'. National Audit Office. 23 January 2009. Retrieved 12 April 2012.
- ^John Oates (16 February 2011). 'UK Border Agency: Good at making cash, crap at making decisions'. The Register. Retrieved 25 March 2013.
- ^Casciani, Dominic (4 November 2011). 'BBC News – UK Border Agency attacked for 'dumping' missing cases'. BBC. Retrieved 12 April 2012.
- ^ abcde'BBC News – Head of UK border force Brodie Clark suspended'. BBC. 5 November 2011. Retrieved 12 April 2012.
- ^ abJames Slack (5 November 2011). 'UK border chief axed passport controls: Top civil servant faces sack over decision that left Britain open to terrorists and criminals | Mail Online'. Daily Mail. London. Retrieved 12 April 2012.
- ^Alan Travis, home affairs editor (5 November 2011). 'Head of UK border force suspended | UK news'. The Guardian. London. Retrieved 12 April 2012.CS1 maint: Extra text: authors list (link)
- ^Chris Mason (5 November 2011). 'BBC News – Inquiry into border force passport check claims'. BBC. Retrieved 12 April 2012.
- ^'Theresa May to split up UK Border Agency'. BBC News. 20 February 2012. Retrieved 27 March 2013.
- ^Israel, Simon (23 October 2014). 'Trial collapses after immigration officials 'lie under oath''. channel4.com. Channel 4 News. Retrieved 30 October 2014.
External links[edit]
Wikimedia Commons has media related to UK Border Agency. |
This link takes you to Visa & Immigration Service
Retrieved from 'https://en.wikipedia.org/w/index.php?title=UK_Border_Agency&oldid=881340145'
THE HOME OFFICE’s immigration chief was booted out today – just weeks after being at the centre of the row that cost Amber Rudd her job.
After a 27 year career, officials said Hugh Ind was taking up a new Whitehall role in charge of public sector apprenticeships.
One source said: “He’s being put in the padded cell where people hope they get bored and go away.”
It came as the Home Office confirmed it was now investigating a potential 5,000 Windrush cases – of Caribbean citizens worried they may not be allowed to stay in the UK.
“The Home Office originally said it only expected a “handful”.
Mr Ind was at the centre of the storm over deportation targets that led to the resignation of Amber Rudd last month during the Windrush debacle.
Ms Rudd had told MPs no targets had ever been used.
But a bombshell 2017 memo from Mr Ind to Amber Rudd – referring to targets – was then leaked and proved decisive in forcing the Tory rising star to quit.
A Home Office spokeswoman refused to comment today – but insisted Mr Ind would not be getting a payoff.
The department also announced today that its second most important mandarin Patsy Wilkinson would also be leaving.
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In a separate announcement today new Home Secretary Sajid Javid confirmed fees for citizenship applications would be waived for Commonwealth nationals arriving before 1973 who seek to “regularise” their stay.
But they will need to meet good character tests.
Sajid Javid tells the House of Commons the Windrush generation remind him of his own migrant relatives
The Home Office routinely lost thousands of documents which could prove the right of immigrants to stay in the UK, a former official has claimed.
The department mislaid passports, letters and other correspondence leaving immigrants 'destitute' as they were unable to prove they were allowed to work.
The claims have renewed calls for the crisis-hit department to be fully overhauled in the wake of the Windrush scandal.
Up to 63 Windrush migrants may have been deported wrongfully in the fiasco - but the department has not been able to track most of them down, Home Secretary Sajid Javid revealed.
And thousands of landing cards which could have proved their right to stay in Britain were destroyed by officials in 2010, it emerged.
In the latest slew of damaging claims to hit the Home Office, a former senior immigration official told The Guardian that at its height the department was routinely mislaying vital documents.
The revelation that Windrush immigrants may have been deported because of a Home Office failure has sparked calls to overhaul the Government's immigration policy. Amber Rudd (pictured right) resigned after she wrongly claimed the department did not have immigration deportation targets. Her replacement, Sajid Javid (pictured left) has vowed to improve the department
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Birth certificates, children's passports and education documents have all vanished, the newspaper reports.
A woman, 36, from a former Communist state, told how her passport was lost by the Home Office leaving her destitute for 10 years.
What is the Windrush scandal and how did the fiasco develop?
June 22, 1948 - The Empire Windrush passenger ship docked at Tilbury from Jamaica.
The 492 passengers were temporarily housed near Brixton in London. Over the following decades some 500,000 came to the UK.
Many arrived on their parents' passports and were not formally naturalised as British citizens.
1973 - A new immigration Act comes into force putting the onus on individuals to prove they have previously been resident in the UK.
2010 - The Home Office destroyed thousands of landing card slips recording Windrush immigrants’ arrival dates in the UK.
The move came despite staff warnings that the move would make it harder to check the records of older Caribbean-born residents experiencing residency difficulties, it was claimed
2014 - A protection that exempted Commonwealth residents from enforced removal was removed under a new law. Theresa May was Home Secretary at the time.
Under a crackdown on illegals, Windrush immigrants are obliged to provide proof they were resident in the UK before 1973.
Home Office Immigration Contact Number
July 2016 - Mrs May becomes Prime Minister. Endnote x7 free download.
April 2018 - Allegations that Windrush immigrants are being threatened with deportation break. Theresa May issued a grovelling apology to Caribbean leaders after major backlash
April 29 - Amber Rudd resigns after inadvertently misleading Parliament by wrongly claiming there were no deportation targets
Another woman who has lived in the UK for 21 years had her application to stay turned down and the documents she sent were never returned - harming her ability to work and get paid.
Labour MP Yvette Cooper, the chairwoman of the influential Home Affairs Select Committee, said she the problem needs to be 'urgently' sorted out.
She said: 'This is a question of basic competence.
'Too often we have heard about lost documents and simple errors by the Home Office that can have deeply damaging consequences for people's lives.
'The Home Affairs committee and the independent inspectorate have warned the Home Office repeatedly to improve the competency and accuracy of the immigration system.'
She added: 'The immigration system is far too important a public service for these kinds of mistakes to be acceptable, or for repeated warnings from the inspectorate and the select committee to be ignored.'
Labour MP Stephen Doughty, who sits on the committee, raised the issue back in 2013, said he flagged the problem as early as 2013.
He said: 'In more recent times, increased delays in processing cases has also meant people often being without key documents for months or even years on end.'
The former borders and immigration inspector, John Vine, has previously told MPs the problem of lost documents features 'in every inspection'.
In one inspection, 150 boxes of post, including correspondence from applicants, MPs and their legal representatives, were discovered in a room in the immigration office in Liverpool.
Campaigners have warned that the new data protection bill risks making the problem even worse.
Under the legal change, the Home Office can turn down requests by immigrants for them to access information about their own application.
Satbir Singh, the chief executive of the Joint Council for the Welfare of Immigrants (JCWI) charity, said: 'We would have had hundreds of these cases. That's just us. We're one of the larger organisations, but we're still small compared to the vast ocean of people who require assistance.'
Mr Singh has experienced lost paperwork himself when applying for a spouse visa for his wife. 'We see it every other day. It's even happened to me.'
Theresa May (pictured heading to church in Maidenhead on Sunday with her husband Philip)) also faced stinging criticism over the Windrush scandal as she oversaw the 'hostile environment' policy towards illegal immigrants while Home Secretary
He added: 'That was pretty horrendous. A lot of those were original documents, we had no idea how we were going to get replacements for them.
'Things like proof of our income, original payslips, original share certificates, original marriage certificate, birth certificates, university certificates, all of that stuff.'
A Home Office spokesperson said: 'The Home Office takes its data protection responsibilities extremely seriously and have robust safeguards in place to make sure we handle the millions of documents we receive in the appropriate way.
'When documentation goes missing we make every effort to locate it. Each case should be reported to Home Office Security who will assess whether the Information Commissioner's Office should be informed.'
But the ICO said this has never previously happened but a change in the law means self-reporting in certain cases will be compulsory.
An Information Commissioner's Office spokeswoman said: 'There is no formal obligation to report data breaches under current data protection law, but that will change under the new legislation where breaches will be notifiable if they affect the rights and freedoms of individuals.
'We have no self-reported incidents from the Home Office in relation to loss of documents.'