Imperial denaturalisation: towards an end to empire

By Colin Yeo.

As the British empire gradually remodelled itself into a British nation state over the course of the twentieth century, it was inevitable that problems would arise. There was no masterplan or strategy on how to achieve change and successive governments tended to react rather than plan. Nowhere was this more evident than in the process of redefinition of membership of the emerging nation state.

Until as late as 1 January 1983, all citizens of all Commonwealth countries were, according to British law, British subjects. This had been the legal regime at common law, before British subjecthood was put on a partially statutory basis by the British Nationality and Status of Aliens Act 1914. It remained the legal regime when the British Nationality Act 1948 became law.

(Image: Markus Spiske on Unsplash)

What the 1948 legislation did change was the constitutional nature of British subjecthood. Until then, British subject status derived from a person’s place of birth and a direct relationship of allegiance to the crown. In future the question of who was or was not a British subject would effectively be decided by the legislatures of independent Commonwealth countries. In the United Kingdom and its colonies, the legislature was the Parliament of the United Kingdom of Great Britain and Northern Ireland and the local citizenship within the Commonwealth was citizenship of the United Kingdom and Colonies.

Both before and after the 1948 legislation, a British subject was free to enter and reside in Britain. At least, that was the legal position. In practice, informal barriers to entry and residence were used to try to interfere with the rights of some racialised subjects. In the case of Bhagwan [1972] AC 60, about alleged illegal entry by British subjects, Lord Diplock held in the House of Lords that a British subject ‘had the right at common law to enter the United Kingdom without let or hindrance when and where he pleased and to remain here as long as he liked.’

This is arguably not quite correct as it was more of a freedom than a right, given that aliens (meaning everyone not a British subject) had historically also been free to enter and live in the United Kingdom. As the legislation of the twentieth century was to show, it was a freedom that could be curtailed for aliens and subjects alike.

The right to enter and reside in a country is one of the fundamental rights of membership of that country, whether labelled subjecthood or citizenship. But the Commonwealth Immigrants Act 1962 removed that right from a wide range of British subjects. The separation of rights of entry and residence from nationality law status was further cemented by legislation in 1968, 1969 and 1971. British subject status was then formally terminated by the British Nationality Act 1981 with effect from 1 January 1983.

This process is not traditionally classed as ‘denaturalisation’, a term usually reserved in modern usage for involuntary loss of formal nationality status on an individualised basis by means of administrative action. On this traditional understanding, denaturalisation is seen as exceptional, albeit to have undergone something of a revival in recent years. Withdrawal of rights of entry and residence from colonial peoples should nevertheless be considered denaturalisation by the central imperial power. With significant caveats, the process was comparable to massive scale denaturalisation by legislative means by certain states in the early to mid-twentieth century.

It might be said that the whole point of independence is to achieve a new citizenship of a new state, which might necessarily involve shrugging off the yoke of the old subjecthood. Such ‘denaturalisation’ might be considered not just consensual but actively sought, rather than imposed involuntarily. But there are two major flaws with asserting that this process was benevolent.

First, the British had hitherto felt free to enter and reside in many countries around the world and in the process repatriated much of the wealth of those countries to Britain and gained a considerable leg up in international trade, in industrial, economic and social infrastructure and more, as Nadine El-Enany argues in (B)ordering Britain. Unilateral withdrawal of access to this bounty quite understandably seemed rather unreasonable to many colonial subjects, who were attracted to live and work in the part of the empire that had overwhelmingly benefited from the imperial project.

For others, the loss of the right of entry to and residence in Britain was far more than an abstract and as-yet unrealised benefit. Those colonial subjects who had already moved from their original colony of residence to another were routinely denied the right to re-enter or reside — or at least reside with dignity and rights of citizenship — in their new country of residence. The East African Asians are one such group, for example. They were denied the right to live as full and active citizens in their country of residence: some were also denied formal citizenship and some were forcibly expelled.

Many of those British subjects who moved from colonies to the United Kingdom, later dubbed ‘the Windrush generation’, form another such group. It is thought that a very considerable (but unknowable) number were later denied re-entry to the United Kingdom following temporary absences abroad, for example. Others were later excluded from formal British citizenship status by complex and paid-for registration requirements when nationality law was later reformed. Later, some were denied effective citizenship rights by the suite of hostile environment laws brought into force since the late 1980s.

For those affected by these laws this felt a lot like denaturalisation, and with good reason. ‘I don’t feel British. I am British. I’ve been raised here, all I know is Britain,’ Paulette Wilson told journalist Amelia Gentleman in 2017. ‘What the hell can I call myself except British? I’m still angry that I have to prove it. I feel angry that I have to go through this.’ Wilson was not in fact a British citizen according to law, although she was able very belatedly to obtain leave to remain as a foreign national before she died in 2020. This was not before she had been rendered homeless, denied welfare benefits and health care and even detained for deportation at the notorious Yarl’s Wood detention centre. Her situation and her feelings of betrayal and estrangement were very far from unique.

Denaturalisation is not a novel or new phenomenon in British law. The involuntary loss of rights occurring as imperial citizenship was withdrawn first de facto then eventually de jure was a prolonged and, for some, ongoing episode of denaturalisation.

Colin Yeo is a barrister, writer, campaigner and consultant specialising in immigration law. He founded and edits the Free Movement immigration law blog and is an Honorary Researcher at the University of Bristol with MMB. His latest books are Welcome to Britain: Fixing our Broken Immigration System (2020) and Refugee Law (2022). We will be posting a second blogpost by Colin on denaturalisation in the autumn.

Previous MMB blogposts by Colin include ‘The hostile environment confuses unlawful with undocumented, with disastrous consequences.‘ You can also hear Colin discussing the UK Nationality and Borders Bill in an MMB webinar in 2021 here.

If you enjoyed this post you may also be interested in Nandita Sharma’s posts, ‘A tale of two worlds: national borders versus a common planet‘, and ‘National sovereignty and postcolonial racism.’

The other side of Partition: tracing Bengal and Bangladesh’s (post-)Partition legacy

By Nazia Hussein and Anushka Chaudhuri.

Since its June 2022 release the Disney Plus series Ms Marvel has brought the conversation around the creation of Independent India and Pakistan – commonly dubbed as ‘Partition’ – to the mainstream. The series has been applauded for introducing the first Muslim superheroine and narratives of the Partition – one of the bloodiest episodes in South Asian history – onto global screens, with recognition of the British colonial administration’s active role in its formal withdrawal from, and cleaving of, British India. However, in line with much academic research and popular culture, Ms Marvel presents a partial Partition narrative via the Two Nation Theory. This theory positions Islam (Pakistan) and Hinduism (India) against each other and disregards the violent and multiple partitions of Bengal, which created West Bengal in eastern India and East Bengal in East Pakistan, the latter gaining liberation as Bangladesh in 1971. This positioning is aligned with most popular representations of South Asia and, as a result, erases past and present lived experiences of Bengali Muslims and Bangladeshis.

Created primarily for young and Western audiences, Ms Marvel erases the brutal realities of Partition. The Partition subplot demystifies the story of Aisha, the protagonist Kamaala’s maternal great-grandmother, who secured her family’s safety by ensuring they boarded ‘the last train to Pakistan’ from Punjab, India, to Punjab, Pakistan. The series’ representation of Partition as a time of tension, fear and existential insecurity, but otherwise a relatively organised migration process, amounts to misinformation for global audiences. What ensued after the announcement of the new borders – severing Punjab and Bengal – to create West Pakistan (now Pakistan), India and East Pakistan (now Bangladesh) on 14th and 15th August 1947 was overwhelming disarray and disorder. Hindus and Sikhs were to migrate from West and East Pakistan into India, and Muslims were to migrate from India into one of Pakistan’s domains. Violence was widespread. Hence, the minor reference to boarding ‘the last train to Pakistan’ risks erasing the harsh truth that, due to widespread violence, train travel was often inaccessible. The limited number of trains that did run often arrived blood-stained or filled with dead bodies and became known as ‘blood’ or ‘ghost’ trains. Therefore, most individuals migrated on foot or by cattle, with many seeking refuge in camps, being killed or dying from disease.

Partition of India 1947 (image: Wikimedia Commons)

Many of the academic and popular representations of Partition are heavily Punjab-centric. Ms Marvel follows the same pattern. Its representation not only neglects Bengal’s Partition story but also latently equates the Punjab province with all of Pakistan by symbolically and linguistically portraying, but not directly naming, Punjabi language, culture and lands when representing Pakistani national identity and diasporas. That Bengal was partitioned twice – first in 1905, which, prompted by protests, was annulled in 1911, and then again in 1947 – is disregarded. Such erasures are dangerous, excluding voices from the ‘other half of Partition’ with its differing socio-political histories and ambivalent religious demographics. It also positions a Punjabi Partition narrative in popular culture as representative of this period, when there are other equally complex and alternative histories. For example, upper caste Bengali Hindus (including Zamindars or landowners) dominated political, arts and agrarian labour systems, subordinating Bengali Muslims and other lower caste workers and prohibiting their access to wealth and land. Coupled with Bengal’s Muslims being the marginal majority, this created a more complex task for the British and Indian political elite when drafting religionised borders.

While the shift of nationalism to communalism in Bengal is blamed for Partition, such narratives erase the agency of contemporary Bangladeshis’ and then-East Pakistani populations’ (denied) choice in their fate. This is observed in the political elite District Congress Committee in Sylhet’s pledge to Mahatma Gandhi’s Satyagraha movement – a Hindu contextualised Indian anti-colonialism movement which emphasised non-violence – despite the Committee’s lack of commitment to this type of struggle. Furthermore, after Hindu Zamindars learned of Sylhet’s lucrative tea estates and the international demand for tea, Muslim-majority Sylhet was fragmented during its 1947 referendum, with some regions being succeeded to greater Assam in India, despite voting patterns revealing an intention for Sylhet to join then-East Pakistan. The agency of East Bengal as a region and a people during Partition in seeking to choose their own destiny – despite being disallowed – is rarely addressed in either academia or popular culture, with Muslims in pre- and post-Partition India continuing to be presented as violent, communalistic and unpatriotic in curricular textbooks and films such as The Viceroy’s House and Earth. The creation of West and East Pakistan itself drew another line between the two regions and populations. This new ‘border’ induced linguistic, cultural and economic oppression, including genocide and weaponised rape, on the Bengalis of East Pakistan. This led to the Liberation War of 1971 when East Bengal again separated from Pakistan, gaining independence as Bangladesh.

The downplaying of the historical struggles of Bengal and contemporary Bangladesh undermines the legacy of discrimination and deprivation experienced by Bengali Muslims and Bangladeshis in the hands of the British colonists, Hindu nationalism and dominance in India, and West Pakistani state and military. This same deprivation is visible in the UK today. British Bangladeshis show the highest rates of poverty and face the largest ethnic pay gap with, on average, 20% less earnings than their white British counterparts. Indians are just 2.42%, Pakistanis 2.58% but Bangladeshis 3.56% more likely to be economically inactive than white ethnic groups in the UK. Further, the death rate involving COVID-19 was highest for Bangladeshis – respectively 5.0 and 4.5 times greater than white British male and female groups in 2020–2021.

In Britain’s classed and racialised surveillance state, Bangladeshis will continue to be labelled and penalised as ‘bad minorities’, likely to experience the worst of the Conservative’s austerity measures, particularly during the worsening cost of living crisis. Such lived experiences of British Bangladeshis reflect a long history of violence, starting with British and European colonialism.

Nazia Hussein is a Senior Lecturer in Race at the School of Sociology, Politics and International Studies at the University of Bristol. Her research, teaching and activism focuses on gender, race and religion with a particular focus on Asian Muslim women in South Asia and Britain. Her most recent book is Muslim New Womanhood in Bangladesh (Routledge, 2022).

Anushka Chaudhuri is a Sociology PhD student at the School of Sociology, Politics and International Studies at the University of Bristol. Her work explores nationalism, migration, ethnicity and racism, and focuses on South Asian histories, politics and diasporas.

What fosters a sense of belonging? Refugee voices in Germany

By Emily LeRoux-Rutledge.

My children are new in Germany like those two flowers. I want my children to be allowed to stay in Germany…. We build something up. We are like LEGO, block by block.

‘A new life’ (image by Liam)
‘Building a life in Germany with our family’ (image by Liam)

These photographs and words belong to Liam* — a young man who made his way to Germany in the midst of the so-called European refugee crisis in 2015. They convey his determination to begin anew. Yet voices like Liam’s were scarcely heard during the crisis, subsumed by the voices of those already living in European host societies and their concerns about ‘integration’, which culminated in the 2016 German Integration Act.

In 2017, cognisant of this imbalance, Carmen Lienen and I undertook a photovoice project with refugees and asylum seekers in Germany, who had entered the country since the start of the crisis. We wanted to understand how they felt about the country (in contrast to how the country felt about them) and what would help to foster a sense of belonging. Our results were recently published in the Journal of Immigrant & Refugee Studies.

Much of what we learned aligns with the prevailing literature on immigrant identity, which suggests that newcomers undergo a complex process of identity negotiation as they endeavour to balance their pre-existing identities with those that align with their host societies. Often they do this aware of negative social representations about them, from which they seek to distance themselves. Additionally, they do this in the context of temporal uncertainty brought about by government policies, which require them to wait for approval to remain, to work and to reside permanently.

There was one thing that surprised us, however. Imagine, for a moment, you were to speak with two different groups of people: one made up of refugees with permission to remain in Germany, and the other made up of asylum seekers with no permission to remain. Which group do you think would feel a greater sense of belonging? You might think the former — indeed, previous scholarship has highlighted the importance of secure legal status for integration (which we don’t dispute) — but that’s not what we found.

In our small, qualitative study of the experiences of refugees and asylum seekers in two German towns, we found that those in town N, where the majority did not have permission to remain, felt a much greater sense of belonging than those in town E, where the majority did. 

‘I think… I’ve become a citizen of Germany. I feel good,’ said Sabir, a young man in town N who did not have a residence permit. 

‘Germany has many job opportunities, future… but it’s not our country,’ said Amer, a young man in town E, who did have a residence permit.

How to account for this? The answer, according to our data, appears to be in the reception of the townspeople:

‘I know almost five to six [local] families where I always go to eat, or who help me with things,’ said Zeynep from town N.

‘Yesterday, I sit at train station and a man asks, “Why do you look at me?”’ [imitates an angry voice], said Rayhan from town E.

The inclusive and open way in which research participants were welcomed in town N seemed to provide them with social scaffolding, underpinned by positive social representations of refugees held by the townspeople of N. This appeared to foster a sense of belonging in our research participants, and, consequently, some of them were able to identify with German culture and claim a German identity.

In contrast, participants residing in town E appeared to lack such social scaffolding and such identification. Their narratives indicated a greater sense of alienation from locals and German society. Few participants reported having personal relationships with locals, which they attributed to Germans being ‘generally private’.

This may, on one level, seem obvious — the way in which people are received impacts their sense of belonging. Yet, under Germany’s 2016 Integration Act — which contains punitive measures against refugees and asylum seekers who have not demonstrably tried to ‘integrate’ — residents of Germany have ‘keinen zusätzlichen Erfüllungsaufwand,’ or ‘no further obligations’.

The German government itself has defined integration as ‘feeling part of a community and developing a common understanding of how to live together in society.’ By explicitly stating in the law, however, that German residents have ‘no obligations’ towards achieving integration, is the government not absolving German residents of the very thing that could foster, in newcomers, the sense of belonging it seeks?

The on-going development of the National Action Plan for Integration may be a step in the right direction. The plan considers how Germany’s institutions and citizens can contribute to sustainable integration — but it remains to be seen how far this goes towards fundamentally shifting people’s understandings of what integration is: a reciprocal process undertaken by both receiving society members and newcomers.

*All names are pseudonyms. The origin countries of participants have been withheld to protect their identities.

Emily LeRoux-Rutledge is a Senior Lecturer in Social Psychology at the University of the West of England. She currently studies the psychology of migration, looking at the identities and representations of refugees, asylum seekers and other diaspora groups. Her most recent paper, ‘Refugee Identity and Integration in Germany during the European “Migration Crisis”: Why Local Community Support Matters, and Why Policy Gets It Wrong,’ was published with Carmen Lienen in the Journal of Immigrant & Refugee Studies

Disablement and resistance in the British immigration system

By Rebecca Yeo.

The distinction between deserving and undeserving individuals has always been core to immigration policy in the UK. However, the hostility and restrictions directed at those framed as ‘undeserving’ has steadily increased. The recently introduced Illegal Migration Bill takes these restrictions to a new level to include detaining and preventing new arrivals from even claiming asylum. The need to build effective opposition has never been more urgent. With this goal, it is important to consider the inequities of the current system, possible alternative approaches to resistance and the barriers that must be addressed.

The disabling impact of immigration controls

In 2012, then-Home Secretary Theresa May stated her aim to create a hostile environment. Subsequent legislation (Immigration Act, 2014; Immigration Act, 2016) was explicitly designed to restrict access to such necessities as housing, financial support and sense of safety. These policies prevent people from meeting their human needs. As one Disabled woman subject to asylum restrictions said to me: ‘If they are torturing someone they can’t expect that person to be okay.’ The Independent Chief Inspector of Borders and Immigration (ICIBI) acknowledges that ‘immigration control measures which deny access to services, can increase vulnerability.’ The result is to disable people with existing impairments, as well as to create new impairments. Immigration policy is actively and deliberately disabling.

Mural created with Disabled people subject to immigration controls, led by artist Andrew Bolton, see disabilitymurals.org.uk (Photograph: Mark Simmons)

Compassion in immigration policy

The hostility of immigration policy has always been combined with expressions of compassion. In her speech to the Conservative Party conference in October 2015, while setting out measures to create a hostile environment, Theresa May also proclaimed: ‘Let Britain stand up for the displaced, the persecuted and the oppressed. For the people who need our help and protection the most.’ Similarly, current Prime Minister Rishi Sunak asserts that he is ‘balancing’ his pledge to ‘stop the boats’ with assertions that ‘the UK remains a safe haven for the most vulnerable.’ Even the UK-Rwanda partnership includes a clause to allow for resettlement of some of ‘the most vulnerable’ refugees from Rwanda to the UK. This may be considered a welcome alternative to hostility. However, as the ICIBI asserts, Home Office efforts to identify ‘vulnerable individuals is a test not just of its competence but also of its capacity for compassion.’ Expressions of compassion towards ‘vulnerable’ individuals are not used to contest, but to reinforce, the legitimacy of hostility towards others.

A social model approach

Insights from the Disabled people’s movement could help focus resistance against the disabling impact of immigration policy. In 1976, the Union of Physically Impaired Against Segregation argued it is ‘society which disables.’ This principle was developed by disabled sociologist Michael Oliver, among others, to replace the individual approach of the charity model with what became known as the social model of disability. This approach calls for collective responsibility to address the disabling impact of inequities faced by people with impairments. A similar approach could focus on resisting the disabling restrictions imposed on people subject to immigration controls. Without negating the emotional and physical pain inherent in many forms of impairment, or in being forced to flee one’s home, effective resistance must challenge the socially constructed, and therefore changeable, injustices. A social model of immigration could bring together the Disabled people’s movement, people subject to immigration controls and allies of both, to build solidarity and collective resistance to the restrictions and inequalities of assumed human value, which underpin current injustices.

The barriers to change

It is meaningless to assert the need for a social model of immigration without acknowledging the barriers. Restricted access to services and support is a central tool of immigration policy. Barriers to change are not, however, exclusively at the level of the state.

Lived experience

Manjeet Kaur paints part of the mural that represents her experience: ‘The wheelchair is chained… I feel restricted by the UK Border Agency, I am not free to do anything.’
(Photograph: Andrew Bolton.)

The social model of disability was developed by Disabled people rather than charitable organisations. However, when people are struggling for immediate survival, there is little capacity to lead resistance. As activist Manjeet Kaur explained to me just months before she died, in the face of immediate struggles as a Disabled asylum seeker, ‘I don’t have the energy… I myself am in a floating boat, I can anytime fall down.’ The capacity for solidarity from the wider Disabled people’s movement is reduced by lack of information and individual struggles in the context of an ever more punitive welfare state. The mantra of the Disabled people’s movement ‘nothing about us, without us’ is as valid as ever, however, the solidarity of allies has never been so important.

Voluntary sector

The asylum voluntary sector may be the obvious source of solidarity. However, rather than seeking advice and collaboration from the Disabled people’s movement, all too often asylum voluntary sector organisations have endorsed Home Office and local authority initiatives towards individuals considered ‘vulnerable’ as if this approach is better than nothing. Of course, some compassion is better than none, but these initiatives adopt a regressive individualistic approach to disability. Like most progressive ideas, the social model of disability and associated concepts have been widely co-opted and distorted to remove demands for systemic change. This risks undermining key struggles of the Disabled people’s movement, including demands for the services and support necessary for independent living as enshrined in the UN Convention on the Rights of Disabled People. A broad-based movement of solidarity is needed to focus on addressing causal injustices.

Public response

Collective resistance is further hampered by lack of public concern. Response to the COVID-19 pandemic exposes how publicly acceptable it is to treat some lives as disposable. The majority of people who have died from COVID are Disabled. Yet public response to this knowledge is not to take collective responsibility to reduce the risk, but instead to remove precautions and leave the responsibility with individuals. The result is to exclude anyone concerned about infection from public space, with at least #Forgotten500k facing the fourth year of lockdown.

Widespread disregard for the value of certain lives may increase the barriers to effective action but if current inequalities are socially constructed the issue is not whether change is possible but how it can be achieved. Systemic change may appear unrealistic, but as author and disability activist Ellen Clifford writes: ‘We have no choice. The stakes have become too high’.

Rebecca Yeo is completing a postdoctoral fellowship at the University of Bristol on refining and promoting a ‘social model of asylum’ as a tool to transform responses to disability and forced migration in the UK. Her work draws on her involvement in the Disabled people’s movement and what she has learned from disabled people seeking asylum.

A recording of Rebecca’s webinar, ‘A social model of asylum: disablement and resistance in the British asylum system,’ is available here. This was part of a webinar series co-hosted by MMB and GRAMNet on ‘The Health of Migrants and the Right to Health.’ A recording of MMB’s emergency discussion on the 2023 Illegal Migration Bill can be watched here.

Previous post by Rebecca Yeo: ‘The power of collaborative art in research for social change,’ 8th March 2022.

Many Turkish people in Europe are worse off than those who stayed at home

New writing on migration and mobilities – an MMB special series

By Şebnem Eroğlu.

Many people migrate to another country to earn a decent income and to attain a better standard of living. But my recent research shows that across all destinations and generations studied, many migrants from Turkey to European countries are financially worse off than those who stayed at home.

Even if there are some non-monetary benefits of staying in the destination country, such as living in a more orderly environment, this raises fundamental questions. Primarily, why are 79% of the first-generation men who contributed to the growth of Europe by taking on some of the dirtiest, riskiest manual jobs – like working in asbestos processing and sewage canals – still living in income poverty? There is a strong indication that the European labour markets and welfare states are failing migrants and their descendants.

A Turkish barbers’ shop in Scotland (image: byronv2/Flickr)

In my recent book, Poverty and International Migration (2022), I examined the poverty status of three generations of migrants from Turkey to multiple European countries, including Austria, Belgium, Denmark, France, Germany, Sweden and the Netherlands. I compared them with the ‘returnees’ who moved back to Turkey and the ‘stayers’ who have never left the country.

The study covers the period from the early 1960s to the time of their interview (2010-2012), and draws on a sample of 5,980 adults within 1,992 families. The sample was composed of living male ancestors (those who went first were typically men), their children and grandchildren.

For my research, the poverty line was set at 60% of the median disposable household income (adjusted for household size) for every country studied. Those who fall below the country threshold are defined as the income poor.

Data for this research is drawn from the 2000 Families Survey, which I conducted with academics based in the UK, Germany and the Netherlands. The survey generated what is believed to be the world’s largest database on labour migration to Europe through locating the male ancestors who moved to Europe from five high migration regions in Turkey during the guest-worker years of 1960-1974 and their counterparts who did not migrate at the time.

It charts the family members who were living in various European countries up to the fourth generation, and those that stayed behind in Turkey. The period corresponds to a time when labourers from Turkey were invited through bi-lateral agreements between states to contribute to the building of western and northern Europe.

The results presented in my book show that four-fifths (79%) of the first-generation men who came to Europe as guest-workers and ended up settling there lived below an income poverty line, compared with a third (33%) of those that had stayed in the home country. By the third generation, around half (49%) of those living in Europe were still poor, compared with just over a quarter (27%) of those who remained behind.

Migrants from three family generations residing in countries renowned for the generosity of their welfare states were among the most impoverished. Some of the highest poverty rates were observed in Belgium, Sweden and Denmark.

For example, across all three generations of migrants settled in Sweden, 60% were in income poverty despite an employment rate of 61%. This was the highest level of employment observed for migrants in all the countries studied. Migrants in Sweden were also, on average, more educated than those living in other European destinations.

My findings also reveal that while more than a third (37%) of ‘stayers’ from the third generation went on to complete higher education. This applied to less than a quarter (23%) of the third generation migrants spread across European countries.

Returnees did well

Having a university education turned out not to improve the latter’s chances of escaping poverty as much as it did for the family members who had not left home. The ‘returnees’ to Turkey were, on the other hand, found to fare much better than those living in Europe and on a par with, if not better than, the ‘stayers’.

Less than a quarter of first- and third-generation returnees (23% and 24% respectively) experienced income poverty and 43% from the third generation attained a higher education qualification. The money they earned abroad along with their educational qualifications seemed to buy them more economic advantage in Turkey than in the destination country.

The results of the research should not be taken to mean that international migration is economically a bad decision as we still do not know how impoverished these people were prior to migration. First-generation migrants are anecdotally known to be poorer at the time of migration than those who decided not to migrate during guest-worker years, and are likely to have made some economic gains from their move. The returnees’ improved situation does lend support to this.

Nor should the findings lead to the suggestion that if migrants do not earn enough in their new home country, they should go back. Early findings from another piece of research I am currently undertaking suggests that while income poverty considerably reduces migrants’ life satisfaction, there are added non-monetary benefits of migration to a new destination. The exact nature of these benefits remains unknown but it is likely to do, for example, with living in a better organised environment that makes everyday life easier.

However, we still left with the question of why migrants are being left in such poverty. Coupled with the findings from another recent study demonstrating that more than half of Europeans do not welcome non-EU migrants from economically poorer countries, evidence starts to suggest an undercurrent of systemic racism may be acting as a cause.

If migrants were welcome, one would expect destination countries with far more developed welfare states than Turkey to put in place measures to protect guest workers against the risk of poverty in old age, or prevent their children and grandchildren from falling so far behind their counterparts in Turkey in accessing higher education.

They would not let them settle for lower returns on their educational qualifications in more regulated labour markets. It’s also unlikely we would have observed some of the highest poverty rates in countries with generous welfare states such as Sweden – top ranked for its anti-discrimination legislation, based on equality of opportunity.

Overall, the picture for ‘unwanted’ migrants appears to be rather bleak. Unless major systemic changes are made, substantial improvement to their prospects are unlikely.

Şebnem Eroğlu is a Senior Lecturer in Social Policy at the University of Bristol. Her research focuses on poverty and household livelihoods, and on the economic behaviour, success and integration of migrants. Her recent book, Poverty and International Migration: A Multi-Site and Intergenerational Perspective (2022) is published by Policy Press.

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Asylum and extraction in the Republic of Nauru

New writing on migration and mobilities – an MMB special series

By Julia Morris.

My book, Asylum and Extraction in the Republic of Nauru (2023), looks at the impacts of outsourcing asylum to the world’s smallest island nation. The Pacific Island of Nauru was almost entirely economically dependent on the phosphate industry in the twentieth century. After the wealth it derived from phosphate extraction was depleted in the 1990s, the sovereign state resurged on the back of the asylum industry by importing Australia’s maritime asylum-seeking populations. On an on-then-off-again basis, following 2001 and 2012 agreements with Australia, anyone who makes their way by boat and claims to be a refugee in Australian territorial (now excised) waters is offshored to Nauru for refugee processing and resettlement.

I wrote this book at a time when governments worldwide were hunkering down with populist policies of externalised border enforcement. For decades, the EU has toyed with funding countries across Eastern Europe, North and East Africa, and Central Asia. The US has experimented with several extra-territorial asylum schemes, including processing Haitian asylum seekers in Guantanamo in the 1990s. Many Asian countries, including China, Japan, South Korea and Taiwan, have implemented restrictive detention and temporary visa practices for African migrants, in particular. Now, these arrangements have been given immense visibility with the UK government’s much debated Rwanda deal. Like Nauru, migrants – largely from Albania, the Middle East and South Asia – could be sent 4,000 miles south-east of where they lodged their asylum applications.

My book takes a different approach to tackling the global trend of outsourced asylum. It moves beyond arguments that centre on the erosion of asylum and international law. Rather than a benevolent system under threat, I argue that asylum is extractive. I make this argument by weaving between discussions of Nauru’s mineral and migrant extractive industries. My fieldwork in Nauru starkly revealed just how deeply asylum is an extractive industry. Nauru operated as a company town around phosphate and refugees, where an entire industrial assemblage of labourers and expertise, technologies and representation, worked to bring both sectors into being. By detailing the expansiveness of the phosphate and asylum industries, my work demystifies commodities that have immense fetishistic power. It shifts critical attention toward the international NGOs, state agencies, lawyers, activists and migrants that allow boom town sites to ‘pop into visibility’ in modular fashion, as Hannah Appel puts it when discussing the offshore oil and gas industry.

But, of course, this engineering is place specific and embedded in localised political economies (from Nauru to the Mediterranean), even if the wider asylum industry assemblage is in some ways standardised. Nauru’s boom story around refugees owes itself to the phosphate industry pathways that preceded it. The island’s colonial foundations around global extractive industries shaped its industrial fabric in the present. These structural relations were made evident to me almost daily. Not long after relocating to Nauru, Georgia, a Nauruan friend and phosphate worker, took me to ‘refugee royalties day.’ Similar to ‘phosphate royalties day,’ held down the road, landowners would collect monthly rental payments from the Australian government for leasing their land for buildings connected to the asylum industry. The nineteenth century system of land holdings from the era of colonial extraction structured these contemporary industry land negotiations. Scholars such as Tarcisius Kabutaulaka have found a similar relationship between extraction and land tenure in other colonial industry sectors. The process of resource exploitation produces a culture characterised by rapid monetisation, where land and humans are inscribed as economic commodities for generating financial income.

But while the asylum industry has been immensely profitable for some local islanders, it also – like phosphate mining – has harrowing consequences. The reality of cohorts of migrants from far different regions of the world, none interested in being there, and many with very particular psychological needs, are just some of the repercussions of this economic sector. For asylum seekers and refugees, most with devastating pasts and equally hazy futures, tragic instances of self-harm and suicide were commonplace. Australian psychiatrists and clinicians were on fly-in-fly-out cycles locally: many of them have since spoken out about the policy’s damaging effects.

Many islanders left jobs in Nauru’s schools and public service sectors to work at the regional processing centres. This option was more financially lucrative, but led to a ‘brain drain,’ as one local called it. Residents also described to me the corruption and greed that overtook the government. During my fieldwork, protests against local politicians were commonplace. Opposition MPs would form always-shifting alliances, using Australian media interest in refugees to encourage international and local support. Like the extractive industry communities that anthropologists and other scholars describe, torn apart by internal or intercommunity conflicts, fluctuating prosperity and contentious repercussions, Nauru became tied into the repeating destructions of a resource-cursed state.

In my work I describe the uneven placements of where containment industries are located, and the racialised populations that are governed, as a form of environmental racism. Toxicologists and scholars of extractive industries use this concept to describe the process whereby hazardous waste facilities are overwhelmingly sited in communities of color. In my view, the disproportionate exposures of hypercriminalisation, violence and precarity that largely Black and Brown migrants are subject to is also a form of environmental racism that is enacted on migrants’ bodies, as is the siting of carceral sectors in minority and low-income communities. Much like the toxicological ‘body burden,’ these harms can accumulate in people’s bodies over time. The conversations I had with migrants undergoing the asylum process and with local islanders battling the effects of phosphate extraction form part of the elongated exposures to violence experienced by certain populations and geographies. Both phosphate and asylum extraction centre around unnatural metallurgical processes with untold social and ecological costs. In the phosphate industry, dust and toxins are released into the atmosphere with tremendous pollutant effects. In the asylum industry, people are compelled to present themselves through legal narratives of trauma in order to move elsewhere. Linking the asylum industry boom to previous extractive practices in the landscape shows asylum to be part of the ‘hyper-extractive assemblage’ that scholars of resource extraction, such as Macarena Gómez-Barris and Michael Watts describe, premised on continued racial subordination.

A major difficulty in making these arguments is that many critics and publics have uncomfortable, mixed feelings in approaching people – and especially refugees – as commodities. Periodically, global media campaigns give visibility to the Nauru arrangement but often through a victim-villain binary. Since agreeing to the Australia deal, Nauruans have been targeted through global media and liberal advocacy campaigns as ‘refugee beaters’ … ‘cruel in the extreme’ … a heart of darkness, where refugees are ‘hacked with machetes’ by the local population. Such representations are not unique to Nauru. Based on western colonial stereotypes of the Indigenous, Black and Brown as savage, and the refugee as racialised suffering Other, this construct is mobilised by refugee solidarity advocates on a global scale to leverage against outsourcing asylum. The sorts of racist colonial tropes that Nauruans contend with are already in use by critics who claim that Rwanda is an ‘authoritarian state with extreme levels of surveillance’ and that it ‘tortures and murders those it considers to be its opponents.’

These Western mis/representations have troubling effects. In Nauru, the suffering-savage slot instigated fractious relations. As an advocacy strategy, it did little to endear locals to the plight of asylum seekers. In fact, it obscured powerful solidarities between locals and refugees that could have given added momentum against outsourcing asylum. And ultimately, I argue in my research, this imaginary has a fundamentally extractive character. It provides more political economic and moral value to the global asylum industry, which cyclically carries out operations in places like Nauru.

My book gives hope that we can disrupt these models of perennial extraction. By seeing the international refugee regime as an extractive process, we might better imagine alternative systems of free movement that go beyond adjudicating human worth and solidifying hierarchies of suffering. We can move towards using a more egalitarian language of solidarity, coalitions and commonality, rather than one of suffering, salvation and #RefugeesWelcome valuation. The logic of ‘mobility commons,’ put forward by Anna Nikolaeva and Mimi Sheller, is a theoretical framework that I am exploring using the creative arts and design. Together with the Berlin-based Organisms Democracy, I have been working on participatory projects in wild garden spaces with students and publics around cohabitation. Alongside this, I design experiential walking practices that encourage more expansive understandings about borders seen and unseen. These projects are inspired by powerful calls to ‘de-exceptionalise’ and ‘methodologically de-nationalise’ migration to broad publics. Outsourced asylum regimes continue to advance, as do political narratives surrounding migrant deterrence from global south to north. It becomes ever more urgent to explore the relationship between privileged and stigmatised (im)mobility, and commonalities of experiences.

Julia Morris is Assistant Professor of International Studies at the University of North Carolina Wilmington. Her research focuses on migration governance through the framework of resource extraction, from ethnographic fieldwork in the Republic of Nauru, Australia, Geneva and Fiji to research projects in Guatemala, Jordan and Lebanon. Her book, Asylum and Extraction in the Republic of Nauru, is recently published with Cornell University Press, with a 30% discount available here.

Julia will be giving an open air, interactive talk on ‘Territory and Citizens: Reimagining Cohabitation in the City‘ at MMB’s (de)Bordering plot on 3rd May.

Access to healthcare: human right or civil liberty?

By Ella Barclay.

A right to health is enshrined in many international agreements, indicating the perceived importance of wellness and accessible healthcare for the development and flourishing of individuals (UDHR, Art. 25:1; ICESCR, Art. 12.1; CEDAW, 12:1; CRC, Art. 24:1). Despite this, one of the main sites of immigration control targeted within the UK’s ‘hostile environment’ is the NHS, with the healthcare rights of undocumented migrants being largely compromised following the implementation of the 2014 and 2016 Immigration Acts. Such policies constitute an intentional appeal to the public perception of migration as a strain on the UK’s public services. In framing these individuals as ‘criminals’ or ‘deviants’, it is far easier to justify their restriction of rights. However, the nation-state’s freedom to deny access to such rights for undocumented persons leads us to question whether these supposedly universal rights may actually be mere civil liberties.

The National Health Service (Charges to Overseas Visitors) Regulations (2015) introduced NHS charges for all those not ‘ordinarily resident’  within the UK, despite the NHS constitution outlining that access to care should be based on clinical need, not an individual’s ability to pay. To be ‘ordinarily resident’ one must reside within the UK voluntarily, legally and with the intention of remaining for a prolonged period (DHSC, 2022). Healthcare providers establish the charging eligibility of patients through a screening process, involving questions about residency and migrant status. If an individual is found to be eligible for NHS charges, this information will be passed onto that NHS trust’s Overseas Visitor Manager (OVM), who will pursue them for payment. Crucially, the actions of the OVM are dependent on the information gathered by healthcare providers, meaning the administrative burden and moral responsibility effectively fall on clinical staff.

(Image: Hush Naidoo Jade Photography on Unsplash)

While primary care, including emergency services, GP registration and vaccinations, is always free of charge and cannot be denied to any individual, all other care is chargeable at a rate of 150%, which must be paid before treatment can be provided. Maternity care constitutes an exception to this policy, defined as ‘immediately necessary’, meaning individuals are not required to pay prior to receiving care but are instead billed after the fact. If an individual is unable to pay for their care after receiving it, their residency status will be shared with the Home Office, thereby alerting immigration officers to the potentially undocumented status of the patient.

Many scholars have argued that this practice of data-sharing conflicts with the NHS’s Caldicott Principles, which emphasise confidentiality and privacy in the interests of both the individual and the institution (Papageorgiou et al., 2020; Reynolds and Mitchell, 2019; Robinson et al., 2018). However, where undocumented migrants in the UK are presented as criminals and their mere existence presented as a threat to state security, this violation of an inherent NHS value is seemingly justified. More specifically, the principles of the Data Protection Act (2018) can be revoked where withholding data is seen to place public interests at risk. Withholding data is therefore seen to hinder effective immigration control: in other words, these individuals are considered not to have a right to privacy (Crépeau and Hastie, 2015; Kulakiewicz et al., 2022; Van Durme, 2017). Once the Home Office has been notified that an individual is residing without the correct authorisation, not only can they choose to deport the individual, they can also keep such ‘deviance’ on record, which will be taken into consideration if the undocumented individual were ever to apply for a visa. This forces undocumented individuals into a ‘rights trap’; they must either incriminate themselves to receive the safe care they are owed under international legislation or go without healthcare they may dearly need (Gentleman, 2018; Hermansson et al., 2020).

Although the impact of such policies on the wellbeing of migrants is well-documented (DOTW, 2017; Hamada et al., 2021; Pellegrino et al., 2021; Westwood et al., 2016), restricting the accessibility of healthcare for a substantial portion of our population has further-reaching consequences. Even where primary services may be free of charge, threats of data-sharing prevent undocumented individuals from exercising their rights to such care, which undermines public health and herd immunity (BMA, 2021; Bulman, 2020; Weller and Aldridge, 2019). Similarly, the deterrent effect of charging policies costs the NHS more than the initial price of providing treatment to all. De Jong et al. (2017), Jones et al. (2019) and WHO (2018) report that undocumented persons are often hospitalised for longer after pregnancy and for otherwise treatable illnesses as a result of their decisions not to seek care due to fears of detection. Preventative care is not only more effective but also more cost-efficient than remedial care, indicating that current policies are not only discriminatory and detrimental to individual and public wellbeing, but also counterproductive for the NHS and the economy (McHale and Speakman, 2020; Norris, 2022).

Charging those not ‘ordinarily resident’ for healthcare also has a serious impact on the NHS. The British Medical Association (2019) reports that a large proportion of healthcare staff find their workload to have increased significantly following the implementation of charging policies. Similarly, NHS staff are working outside of their billed hours to provide informal help to undocumented migrants, as they are not able to support them fully within appointments. This support ranges from signposting and advocacy to financial support and even forging documents (Feldman et al., 2019).

Documenting the far-reaching impacts of this hostile environment policy exposes the irrationality of charging practices, and denying this human right in the name of securitisation sets a dangerous precedent for nation-states’ treatment of vulnerable persons. The UK cannot be said to be upholding their pledges to international legislation when individuals residing within its borders are unable to access basic healthcare. Where international policies can be manipulated and shaped to fit a nation-state’s own agenda we must question who can hold these states accountable, and who will protect the rights of our undocumented populations.

Ella Barclay is a first-year PhD student in Sociology at the University of the West of England. Her research takes an ethnographic approach to understand the experiences of pregnancy, labour and early motherhood for undocumented migrant women within the UK’s hostile environment. Ella completed the MSc in Migration and Mobility Studies at the University of Bristol in 2020 and is an MMB Alumni Ambassador.

‘An asylum ban’: why the Illegal Migration Bill must be stopped

By Bridget Anderson.

The Athenian Laws introduced by Draco c. 621 BCE were said to be written not in ink but blood. This government’s Illegal Migration Bill currently going through the UK Parliament, is draconian. It is aimed at people who arrive irregularly – people who the government calls ‘illegal migrants’, but who might better be described as illegalised migrants. There is not some pre-existing category of illegal people who migrate, rather people are illegalised by borders and thereby rendered vulnerable to state and personal power.

The Bill places a duty on the Home Secretary to make arrangements to remove people who do not arrive via state approved routes (backdated to 7th March 2023) and who have not come directly from the country they are fleeing. The Home Secretary also has a duty to rule their asylum and certain human rights claims inadmissible. Because they are ruled inadmissible rather than refused there is no right of appeal. These people will be permanently banned from claiming asylum and from the removal protections of the Modern Slavery Act. They are an ‘ineligible person’ meaning they will never be eligible for any form of legal status or citizenship, or legal entry to the UK and neither will their family members including children yet to be born.

(Image: UnSplash)

People falling under this legislation will likely be detained for 28 days, which can be extended if the Secretary of State believes there is a ‘reasonable prospect’ of removal. There are three options for where they will be removed to. If they are from EEA countries or Albania they will be returned to their country of origin. If they are not from those states, they will not be returned to their country of origin, but, if there is an appropriate returns agreement, to the country which they left before coming to the UK. However, UK geography means this is likely to be France, so this is not currently an option. (In her response to the Bill suggesting the Labour Party’s direction of travel, Shadow Home Secretary Yvette Cooper made it clear that negotiating a returns agreement with France and other European countries would be a Labour Government priority). Non-EEA/non-Albanian nationals will therefore be sent to other states listed in the schedule of the Bill (note some of those listed are deemed appropriate only for men). The list includes Rwanda. As yet, there are no removal agreements with any of the other countries on that list.

The Bill’s preface acknowledges that its provisions may not be compatible with the European Convention on Human Rights. It is likely to be not compliant with the Council of Europe Convention on Action Against Trafficking in Human Beings, and the UN Refugee Agency has asserted that it is in breach of the Refugee Convention:

‘The legislation, if passed, would amount to an asylum ban – extinguishing the right to seek refugee protection in the United Kingdom for those who arrive irregularly, no matter how genuine and compelling their claim may be, and with no consideration of their individual circumstances’ (UNHCR, 7 March 2023).

The UK is effectively slamming the country shut to all those fleeing war and persecution, regardless of their circumstances. This is an end to the asylum system as we know it. Asylum seekers do not typically fly to the UK directly from their countries of origin – not least because years of carrier sanctions have closed that possibility. Most apply via the UK’s in-country application process having made long and dangerous journeys through several other countries. Should this Bill become law, the principal means of being granted refugee status will be via specific government-approved routes. The Bill requires that the Home Secretary set an annual cap on the numbers of people entering through these so-called ‘safe and legal routes’. The UK government may have set out ‘legal’ routes, but they are not necessarily ‘safe’. The MoD recently had to apologise for telling applicants to the Afghan relocations and assistance policy scheme (ARAP), which relocates MoD approved Afghans at risk of reprisals for working with the UK government in Afghanistan, that their documents needed to be approved by the Taliban to be successful.

There has been a chorus of criticism directed at the Bill. The opposition Labour Party is leading the charge with claims that it is unworkable and will not achieve the objectives of stopping the ‘small boats’. Human rights organisations, charities, religious groups and some lawyers are also challenging the ethics of the Bill – ‘cruelty without purpose’ as the Archbishop of York described it. Sections of the commentariat argue that whether it achieves its aims is a secondary issue (see, for example, The News Agents 2023; Dunt 2023). As Colin Yeo’s helpful analysis of the Bill puts it: ‘It is wishful thinking in legislative form.’

This is performance and the government is looking for a pre-election ‘wedge issue’. The Bill is cunningly drafted in such a way as to make legal challenge both difficult and limited. But challenged it will be, and we can anticipate more attacks on ‘lefty lawyers’ scapegoated for making unworkable legislation well, unworkable. The Explanatory Notes to the Bill set out the number of asylum claims (74,751 in 2022) in clause 9, followed by the ballooning cost of the asylum system (now £3 billion annually) in clause 10. But the cost of the system is not rising simply because of increasing numbers of claims, and there is no reason to think that this legislation will reduce costs.

Meanwhile, it is worth pausing to reflect on the irreparable harm to thousands of people that will be done by this performance piece. Forcible removals of desperate people will require systematic and institutionalised violence. The Home Office has said that ‘Using force on children in family groups may, unfortunately, be necessary if a family is resisting removal.’ There will be a new category of ‘ineligible person’ begging on our streets, permanently shut out of labour protections and services, and this status will be passed on from parents to children. It is estimated that there are over 200,000 undocumented children in the UK, many of whom were born here. This Bill will significantly add to this long-term undocumented population. Should a future government not repeal this Bill large numbers of people will be consigned to illegality, with all the vulnerability and potential for abuse that entails, for their entire lives.

Claims of unworkability sidestep the question of whether workability is desirable. Do we want removal agreements so that people can be efficiently sent to countries with which they have absolutely no connection? Sustained pressure must be put on the Labour Party, should it come to Government, to commit to repealing the entirety of this Bill and to mitigating the harms it will have already done. At a minimum this would mean regularising and expediting the asylum claims of all those caught up by the Bill wherever in the world they may be. This is not only because it is a vicious attack on the rights of people seeking to enter the UK, but it is also an attack on our shared futures. It attacks the rights of future children, and anyone who falls in love with them or wants to work with them or otherwise wishes to spend time with them in the UK. It undermines the global refugee regime. It will create a super exploitable workforce. It will exacerbate divisions in an already divided country. We are already seeing an increase in the criminalisation of those deemed to be assisting undocumented migrants, and more burdensome documentary checking required across employers and the public sector, with all of the racism that stokes. As the undocumented population increases, arguments for ID cards will sound more reasonable. The current government is good at three-word slogans. I have one for them: Stop The Bill.

Bridget Anderson is Director of Migration Mobilities Bristol and Professor of Migration, Mobilities and Citizenship in the School of Sociology, Politics and International Studies, University of Bristol.

Further resources for understanding the impact and ramifications of the Illegal Migration Bill can be found on our webpage here, and a recording of our online emergency discussion about the Bill on 31st March can be seen here.

The ‘Rwanda Solution’: using Australia’s playbook

By Juan Zhang.

On 19th March, 2023, British Home Secretary Suella Braverman caused yet another controversy during her two-day visit to Kigali, Rwanda, with a photo of her laughing at the building site of future housing intended for asylum seekers to be deported from the UK to Rwanda. This visit drew new criticism from both mainstream and social media, which continued to challenge the Rwanda deportation scheme and the associated Illegal Migration Bill that could potentially violate both the Refugee Convention and the European Convention on Human Rights.

Publicity for the Australian Government’s Operation Sovereign Borders, aimed at stopping all maritime arrivals of asylum seekers, 2013 (image: Wikimedia Foundation)

This controversial deportation scheme, seen as the Conservative government’s ‘vanity project’, faced strong public condemnation and resistance since it was first announced in April 2022. Observers at the time already pointed out the uncanny similarities between the UK-Rwanda deal and the Australian ‘stop the boats’ policy with its infamous offshore processing scheme. It seems that Australia’s past mistakes and systematic failures at ‘stopping the boats’ for at least two decades offer no deterrence to the UK to pick up the same playbook, when the UK Home Office takes Australia’s harsh zero-tolerance approach as an example of achievement instead of a hard lesson to be learned (see Gleeson 2021, Tubakovic, Murray and Matera 2023).

The Australian offshore asylum programme, introduced in 2001 as the ‘Pacific Solution’ to unauthorised immigration by the Howard Coalition government, targeted people entering Australian waters via ocean crossings and arriving by boat. This programme was closed in 2007 by the Labour government (under Kevin Rudd), but revived again in 2012 as ‘Pacific Solution Mark II’ with a hard-line approach to ‘stop the boats’ (see Bakshi 2020 for a full account). The suffering and inhumanity found in Australia’s offshore detention programme caused worldwide concern and criticism on how Australia ‘privileged migration deterrence goals over human rights considerations’, and how it deliberately normalised ‘moral disengagement from the pain and suffering of people in detention’ for populist political gains (see Barnes 2022). It is therefore bewildering to see such a notorious policy, known for being ‘cruel, costly and ineffective’ for 20 years (Gleeson and Yacoub 2021), now being embraced by the UK government as inspiration for how to manage asylum seekers. The Melbourne-based organisation Asylum Seeker Resource Centre (ASRC) expressed a profound sense of concern to the Australian broadcaster SBS:

‘It’s appalling that, despite a decade of cruelty that has led to severe harm, death, compensation pay-outs by the government, third-country deals, medical transfers, and international notoriety, the Australian model has influenced global policy.’  

There are already extensive reports and analysis that question whether the UK can actually ‘stop the boats’ with its adapted Australian model (for example, Gleeson 2021, Koser 2022). Apart from the legal obstacles the UK has to deal with, different political as well as geographical contexts also suggest that the Rwanda deportation plan is unlikely to proceed smoothly or result in the same kind of outcome as seen in Australia. Moreover, the ‘Rwanda Solution’ – if we can call it that – provokes deeper concerns over legacies of imperialism, colonialism and entrenching patterns of global inequalities. It is effectively outsourcing border control in a way that perpetuates forced displacement, instituting a form of structural violence that holds life in a ‘permanent state of injury outside any realms of protection and political intelligibility’ (Phipps and Yohannes 2022). The Rwanda scheme has already caused toxic social and political divisions both within the UK and beyond before any individual could be sent on a deportation flight. But the government remains determined despite challenges coming from all fronts. Braverman’s Rwanda tour at this moment seems particularly tone deaf to the wider public debate demanding a compassionate and more ethical process with regard to unauthorised Channel crossing.

Whether the UK manages to ‘stop the boats’ when (and if) the Rwanda scheme is in full play remains to be seen. But this much is clear – the number of people crossing the English Channel on small boats has continued to increase in 2022, despite stern messages that the UK will ‘detain and deport you’. These boat arrivals are played up in the current corrosive narratives on the UK’s state of emergency caused by migrant illegality and compromised border security. The Rwanda solution, then, seems very much like a production of ‘xenophobic spectacle’ (Koram 2022) that distracts the public from deeper problems and crises at home. Braverman seems optimistic that, with this visit, the deportation flights between the UK and Rwanda will take off by summer 2023, when legal loopholes and courtroom battles are finally settled. By then, the public is led to believe, all problems with the small boats will magically disappear. But this short-term, single-minded agenda on deportation and offshore processing creates nothing more than a tunnel vision approach that Australia has tried and failed. What gives the UK government the conviction that the Rwanda solution will deliver a better result?   

Juan Zhang is a Senior Lecturer in the Department of Anthropology and Archaeology at the University of Bristol. Her research explores borders and transnational migration with particular interest in Asian borderlands, migrant im/mobilities and transnationalism, cross-border cultural politics and China. She is the co-ordinator of the MMB research challenge, Bodies, Things, Capital.

For more information about the 2023 Illegal Migration Bill see the list of resources on our webpage.

No Recourse to Public Funds: The Big Issue tackles vulnerability to NRPF in Bristol

By Paula Gombos.

The Big Issue is a street magazine founded 30 years ago that tackles homelessness and social exclusion in the UK. It also supports individuals to earn an income by selling the magazine, and there are more than 50 active sellers in Bristol. A significant proportion of these vendors are Romanian Roma, many of who are subject to ‘NRPF’ rules. NRPF stands for ‘No Recourse to Public Funds’ meaning they are not eligible for many benefits, including Universal Credit, Social Fund payments, Housing Benefit and social housing and education. It is usually associated with asylum seekers and non-EEA (European Economic Area) citizens. However, European migrants too can be affected, usually while they are waiting for the Home Office decision on their application to the EU Settlement Scheme, or if they have not applied in time for Settled Status or Indefinite Leave to Remain.

In early 2022 the Big Issue was given a small grant from the University of Bristol’s ESRC-funded Everyday Integration project to investigate the consequences of NRPF from the perspective of our essential frontline workers. We also wanted to see how we can take steps locally to ensure better support and inclusion for people who fall under NRPF rules. In December we published our report on the project, ‘How Can Big Issue Sellers With or Vulnerable to NRPF Build a Good Life in Bristol’. Here I introduce its key points.

Big Issue jacket worn by a vendor in Birmingham
(Images: Birmingham Museum and Art Gallery on Flickr)

We were very happy to be supported throughout the process by Migration Mobilities Bristol (MMB) and ACH. MMB Director Bridget Anderson first helped us to identify our research question and methods and potential ethical issues. We then held a vendor engagement workshop in our Big Issue Bristol office. Vendors participated in a set of activities and discussed their motivations for moving to the UK, their values and aspirations and the accessibility of services to them. We then devised an interview schedule to explore what participants felt made a ‘good life’, and the barriers that stop them from moving towards this. Together we explored options and used Maslow’s Hierarchy of Needs and the Bristol Model to facilitate a dialogue with participants. Finally, we held conversations with other agencies who work with NRPF migrants in Bristol.

The research was small scale, working with ten Big Issue sellers aged between 38 and 60, nine from the Romanian Roma community (three women and six men), and one male Jamaican national. It found that anxieties about housing, personal safety and sustenance had significantly negative effects, and the NRPF condition exacerbated these, making vendors feel disempowered. Their responses showed how it leaves people destitute and unmotivated. Some people end up begging or turning to alcohol and substance misuse, which affects their mental health and general wellbeing. However, together with a range of Bristol based organisations, we came up with ideas that could significantly improve their quality of life.

At a national level, Big Issue argues that the NRPF condition should be scrapped and policies changed so people can secure suitable accommodation, become economically active and be able to access mainstream benefits. We hope that Bristol City Council will play an active role in supporting this demand. However, the project focused mainly on the significant steps that can be taken locally, including funding for services that work with NRPF and support for issues including employability, education, immigration and alternative housing options. More specifically the participants suggested:

  • Improving English skills and learning how to read and write.
  • Accessible employment for people with limited numeracy, literacy, digital skills or for people in poor health.
  • Having a voice and being actively involved in local decision-making processes.
  • Advocacy and legal representation at a local level.
  • Better care and triage system within local provisions.
  • Regular access to interpreters when attending appointments at local services.
  • Less prejudice and less bureaucracy for individuals with very little documentation.
  • Safer, cleaner and more suitable housing provisions.
  • Better protection and safety from Bristol police.
  • ‘City work platform’ – daily jobs for the City Council, such as cleaning, recycling and gardening, distributed amongst rough sleepers to help them contribute to the city and solve anti-social behavior.

These are some of the ways of building local support for individuals with or vulnerable to NRPF, which would positively impact their lives in the city. Housing, in particular, is a priority for safety, wellbeing and civic engagement.

Besides the obvious need for improved local support and changes to national policies, we must remember that our vendors want to be seen and heard, and to have a sense of accomplishment and purpose in their lives. The Big Issue will carry on fighting against social exclusion and poverty and we pledge to continue supporting the most marginalised and vulnerable people in the community. But all of us living in Bristol are responsible for making this city a better place for others.

Paula Gombos is a Sales and Support Worker and Vendor Data Lead for the Big Issue Bristol. She is also a certified Romanian community interpreter and translator for community projects. The full Big Issue report ‘How Can Big Issue Sellers With or Vulnerable to NRPF Build a Good Life in Bristol’ can be read here.