KANLUNGAN

Alliance of Filipino Organisations

seNiOr cAre wOrKers

Briefing 4: Unfair changes to immigration rules

1. 2. 3. 4. 5. The UK will need skilled migrant care workers for the foreseeable future Skilled migrant care workers are hardworking families Settlement is one of the main reasons skilled care workers come to Britain its unfair to change immigration rules for people already settled whove planned their lives Salary levels should not determine who settles

Briefing 4: Unfair changeS To immigraTion rUleS

what are the rules for migrant senior care workers?

By 2006, Unison estimated that there were 11,000 migrant Senior care Workers in the UK. most were recruited by agencies operating abroad, and filipinos were the largest single group. The immigration rules made it clear: if you had the necessary skills and an employer was able to show that you worked in a shortage occupation or one for which they had found it impossible to recruit in europe, then permission to live and work in the UK was granted. People had come to the UK believing that they would be able to work for five years in the job for which they had been recruited and then get settled status. With settled status, workers could then change employers or work in other areas: many of the Senior care Workers are actually qualified nurses, physiotherapists, etc. many were given visas initially to work for under five years, but expected to be able to renew as long as they stayed in the same job, and then to be able to settle after the required five years. Settled status, also called indefinite leave to remain, is granted only to those workers with no criminal convictions who have passed a test of their knowledge of life in Britain. it costs 972.

i was very, very depressed... i dont want to leave the country. i was getting favours from friends and i feel very embarrassed about giving them a share of my burdens as well. i had trouble financially as you could imagine. i had some savings but i had to pay the solicitors and i am also sending money home. although i was single, i was helping supporting them back home. i had loans to pay and i am also helping my siblings to go to school back home. (11) others found themselves illegally in the UK as their visas were cancelled. When these things happened. i cannot balance the situation. This is not my country and i am only a foreigner and i did not know the law and this is my first time to be illegal which i felt really bad. i was crying and i did not know what to do. i was in a state of shock and was depressed, i was in fear. i did not have papers and in fear. i was really careful. i kept in thinking and all i do is to pray and just cried. i think i was really in a state of depression because i cannot even eat, my wife cannot talk to me and also i was unemployed (10) Some Senior care Workers had to relocate to different areas in the UK, uprooting their family. The effect on some was devastating. one family told their children that they had to leave the country, sent their stuff to the Philippines and gave up their accommodation before getting a new job in the UK. another told of waiting for a new job, but with no income, taking a job in a restaurant at 3 an hour, and living, with his pregnant wife, in a car.1 When the government backed down, people got new jobs as best they could. The rules said that you can only apply for settled status if you have worked for five years without gaps. So those affected did not know what would happen to them when they applied for settled status. Some have got settled status even though they have gaps in their employment, some have been refused. Kanlungan is still working with people who do not yet know if they will be able to stay in the country they have made their home, where their children go to school, where they have lived, worked and paid taxes for years. i feel very emotional every time that i had to recall everything. There was a time that i was crying all the time thinking that it had been very unfair for me. There are other persons whom i know that have gone through the same application with an almost identical situation [with gaps] and still was able to have their status approved. (8)

what happened in 2006?

in 2006, the UK Border agency began changing the way in which it dealt with visa renewals. it updated its guidance and started refusing renewal applications on the grounds that many Senior care Workers were in jobs that did not require the skills specified for work permits for skilled workers, and that they were not paid enough (the minimum level was set at 7.02 an hour). after many protests, from unions, care home owners, relatives, filipino organisations and senior care workers themselves, people were allowed to renew their permits for their existing jobs, as long as they were paid the minimum rate. But many employers, including Southern cross, said they would not pay the increased salaries, so people employed by them could not renew their permits.. They were given the option of finding another employer who would pay the relevant rate and transferring to them however, many took months to find a new job. Some had to return to the Philippines and wait while they negotiated with new or existing employers. We cant buy the [plane] tickets because we didnt have the money. We really didnt have any more money. and we werent prepared to be sent back. Were really not happy. and we still have to support our children studying in the Philippines. When my initial application was denied i was depressed because i have two kids who i have to send to school. (6 and 7)

emotionally, we always fear because we did not know what will happen to us. especially when we report at the immigration. Because we have to queue for many hours. i cannot sleep and work properly. our family in the Philippines is very poor and we cannot send enough money to them, because of our expenses in the processing of our papers. my father in law died in January 2009 but both of us cannot go home because we havent got enough money to use so we just paid our loss in our home. We have no sin and why we suffered like these [sic], our sin is when we only went in this country. (3)

The loss of my job caused me great distress. i am in debt as a result of paving for my mothers treatment for lung cancer and my wife is 5 months pregnant and is very anxious about our situation; i was worried with her and our babys health. (9)

More changes in 2011 and more proposed

in april 2011, the rules on getting settled status changed again. Workers applying now have to show that they are paid at a minimum rate set for the job2. however, many people got their visas before this rate was set, and are paid at a lower rate. They are tied to this employer and job by the terms of their work visas. now they worry that, even though they have worked legally for five years, they may be refused indefinite leave. in June 2011, the government published a paper consulting on major changes to settlement rules3. it proposes that those coming from outside the eU to work in the UK in future not be allowed to settle at all, with possible exceptions such as for those earning over 150,000 and those who are deemed exceptional. These rules will apply to anyone arriving after april 2011: before the proposals were published and long before they will become law. more people will face the problems described here: arriving in the UK, recruited for work that was necessary, expecting to settle here, only to find the rules changed and their plans and aspirations destroyed. it was unfair. The law here being changed always, you dont know which is red and white. They just change as soon as they like to change it. The UK has inconsistent rules so it makes people also inconsistent. .. So i dont get the point why the government has changed the rules where in fact they knew if all migrants are sent home, the patients or residents will suffer or die. (10)
1 2

See Briefing 2: Skilled migrant care workers and families See http://www.ukba.homeoffice.gov.uk/sitecontent/documents/ employersandsponsors/pointsbasedsystem/nvq3-cop/section-q1.pdf?view=Binary See http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ consultations/employment-related-settlement/employment-relatedconsultation?view=Binary

i hope they can see the importance of our contribution to their country by taking care and serving their countrymen and in return they will help us in our present situation as they are always going on about fair treatment. i hope it will be fair for the both parties, even though we came from foreign country. (4)

What does the UK give back in return? nothing, we have no benefits, no importance and support. persons like filipinos coming from non-eU countries to work here get nothing, not even recognition for the help they have given. (11)

what can we do?

Tell your MP about why skilled migrant care workers need to get settled in the UK Ask them to oppose the Governments proposals to allow highly paid workers to settle but discriminate against the low paid campaign to oppose the effects of unjust changes to immigration rules

Briefing 4: Unfair changeS To immigraTion rUleS

Acknowledgements
This report and the briefings accompanying it were written by Sue lukes.

Kanlungan and our research

Kanlungan is a registered charity consisting of five filipino community organisations working closely together for the welfare and interests of the filipino community in Britain. We advise and support filipinos and have been working with hundreds of care workers affected by many of the problems in the industry and immigration system. We work closely with the trade union movement, migrant organisations, lawyers and some employers. one of the groups worst affected by the recent changes in immigration policy has been Senior care Workers. consequently, Kanlungan has been working closely with Senior care Workers, supporting and advising them on their rights with respect to these changes. We now have some grant funding to support this work, and have used it to seek legal advice and to commission research. The research was based on detailed interviews with Senior care Workers affected by the important changes in immigration practices since 2007, and we are using the outcome of the research for these briefings: this is the fourth briefing. extracts from the interviews are identified by numbers. KanlUngan c/o Bahay Kubo housing association caxton house, 129 St. Johns Way london n19 3rQ T: 020 7263 8992 e: kanlungan96_uk@yahoo.co.uk W: www.kanlungan.org.uk charity registration no. 1077224

special Thanks
Kanlungan management committee, Staff and Volunteers: Benny clutario, cielo Tilan, carolyn Panday, Dr. fernando Santiago Jr. (+), elaine Tilan, evelyn Bolano, emma Bibal, estela nalden, hapsa Pelicano, Jamima fagta, Jilyn ganaden, Jose caparino Jr., lyra del rosario, mark Dearn, Pina manuel, rafael Joseph maramag, ricardo gacayan, Shanthi Sivakumaran, Simon luke aquino and Susan cueva. all Senior care Workers and supporters who participated in this report: asuncion labaniego, gloria Umali, gundelina ramirez, Janis ramos, Jenny labaria, Joseph Tejada, Joseph carmelo Baxa, mr. Patiak, nerissa Siongco, Sady evangelista, Susana Tambadoc and Vicenta ornopia. organisations: migrants rights network immigration law Practitioners association Joint council for the Welfare of immigrants UniSon Praxis Bahay Kubo housing association migrante UK lingap filipino association Philippine Theatre UK

This report was supported and funded by

Trust for london

Barrow cadbury fund

Joseph rowntree charitable Trust

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