Immigration and Emigration Worldwide

By Sarath Wijesinghe

(August 29, Colombo, Sri Lanka Guardian) Over 7000 people moved out of Africa 70,000 years ago, when Indian Arian migration took place 6000 years ago. After the world war Jewish immigration took place across Europe, due to the Holocaust and 20th century 20 million were resettled. Convention and Protocol on Refugees came into force in order to protect and regularise the refugees seeking asylum in host countries. They targeted rich countries with political interests and responsibilities and parties to most international conflicts responsible for ending the citizens as stateless and refugees. United Kingdom which is a main world power has been one of the main targets for refugees.

Today immigrating control in the West, especially in the United Kingdom are a necessity as it is a problem to respective governments, and issue in general elections especially due to protests from the average citizen. United Kingdom, especially London is threatened by the large influx of legal and illegal immigrants from all over world and as a result the boarders are jealously guarded by the “Boarder Control Agency” which deals with immigration control worldwide with the help of the respective High Commissions and Embassies.

It is in this atmosphere and situation the Attorney-General of Sri Lanka was interviewed by the Immigration Officer in Sri Lanka, in order to ascertain whether he is a genuine visitor. This raised eyebrows of many as the Attorney- General of a country holds an important position, as the Head of the official Bar, and the Advisor/Chief Legal Officer to the elected government. There were instances when the Attorney General was elevated to the position of the Chief Justice, which indicates the importance of the position of the chief advisor and the Legal Officer and the head of the Official Bar.

Is it legal, moral or in conformity with the international relations to question the ( interview) the chief legal advisor to the government to ascertain whether he is a genuine visitor in terms of the immigration rules which describes as follows.

Visitors who are Visa nationals (immigration rules in the United Kingdom) have to obtain “Entry Clearance” from a British High Commission before travelling to the United Kingdom. Immigration rules on a visitor states that the person intend to travel into the country as a visitor must be (1) genuinely seeking entry (2) intend too leave (3)not intend to take employment (4) not intend to study (5)maintain and accommodate without recourse to public funds and able to meet the cost of onward and return journey. In order to ascertain these requirements the immigration officers have been vested with enormous discretionary powers which are shared with the VFS office in Colombo which is a Private Indian Company and immigration office outlet in Chennai.

Immigration officers are expected to be officers well versed with the local conditions, environment and with a sound general knowledge in ascertaining the genuineness of the prospective visitor. It appears that the Attorney General has made an application for a private visit and the Immigration Officer in Sri Lanka wanted to clarify some issues on the intended visit. The task and the duty of the immigration officer is to be satisfied that the visitor is a genuine visitor and will definitely return. There are over 6 million refugees world wide and to the United Kingdom Sri Lanka is a main refugee producing country with large number of refugees claimed asylum based on the Refugee Convention to which UK is a signatory.

On the book the procedure adopted to interview the AG is perfect. In England even a member of the Royal Family will be dealt with on a traffic offence. At the same time the Royal Family is loved and respected. But in this case is it necessary to go through the process adopted a normal visitor and what are the fears and the possibility that he would not be a genuine visitor and will not return to Sri Lanka. Surely the AG does not come within any one of the restricted conditions stipulated above to be a genuine visitor. If the immigration officer is unaware that the applicants background and the official states that indicates incompetency and tactlessness. It is wise that the Government has not made a big fuss over the incident and playing a low profile. It is great statesmanship on the part of the Minister of Foreign Affairs. Though strictly legal under international relations, reciprocity and respecting each other the Chief Legal Officer of the government should not have been interviewed (questioned) and presumable finger printed. his cast serious doubts on screening the Sri Lanka students seeking entry to UK which is a main income to a number of Universities in need of foreign students for their existence.

Migration has taken place from time immemorial of people and animals. Migration takes place for greener pastures and for a better life. USA, Canada and Australia are new countries with new immigrants from other parts of the world - especially the West who mercilessly hunted locals for land.

As a result of naval power the West migrated to other part of the world. Boat people took great risks of life in looking for a better life somewhere unknown. Immigration has become a lucrative business coupled with drugs; arms trade, human smuggling and terrorism which are interconnected. Unscrupulous, immigration advisors worldwide, exploit innocent would be immigrants who are prepared to risk their property, the wealth and themselves.

Unqualified and ill disciplined immigration advisors in Sri Lanka misdirect and puts immigrants into difficulties. It is high time the Consumer Affairs Authority intervene to regularize the service as the act defines service as means of service of any description which is made available to actual or potential users. The immigration advisors in the United Kingdom are regulated and regularised.

There are harrowing stories of the conduct and exploration of so-called immigration advisors here whose advertisements are found in Sunday newspapers and other electronic media. Immigrant families are dumped in various parts of the world and cheated by unscrupulous immigration advisors and racketeers and human smugglers. It is time in Sri Lanka too steps should be taken to monitor and discipline Immigration Advisors.

There is a rush and a demand to settle down in the West by the Asian and African citizens. During the colonisation process migration was easy as the colonial masters wanted labour for their industries and development, without which they could not have become rich and powerful. British is one of the main colonisers who encouraged and invited subjects of the colonies to migrate.

The British underground was mainly built and maintained to date with the help of citizens of the African countries. Dockyard was mainly built with the help of Bangladeshi citizens and the credit of all other developments to be a world power is due to the direct contribution of the immigrants.
In many other capitals in the West the situation is same or similar. In France, Spain, and other powerful countries too subjects migrated to the mainland for a better life or out of compulsion. They learnt the language, way of life and assimilated into the normal life and productive citizens. There are students, professionals and in employment in large number in the West from Asia, Africa and worldwide, without which it is difficult to run the main Capitals. In London the petrol stations are mainly manned by Asian students. Most hospitals are manned by Asians and the current trend is employment of EU professionals due to recent moves to give preference to EU citizens.

The procedure is generally similar in the West and EU where there is a system of giving points in the selection process.

UK encourages educated, qualified immigrants to settle down or employs them on a temporary basis.

United Kingdom and its universities

There is still a shortage of skilled and professionals in the UK. There is a work permit scheme and a scheme for highly skilled migrants to make the United Kingdom their home. Genuine students are encouraged to study in the UK, as without foreign students the UK universities will find it difficult to exist for want of funds.

Government gives only part funding and it is their duty to find the balance from foreign students. On the other hand it is a main foreign exchange earner. UK is in need of educated professionals and encourages would be immigrants to make United Kingdom their home or to serve on a temporary basis.

As a result of fierce competition the borders were strictly controlled and immigration rules came into force in most countries. The structure set up by the Immigration Act 1971 in the United Kingdom paved the way for the Immigration Act in Sri Lanka as well, which is still in the formative stages whereas in the UK the act is fast growing out of sheer necessity.

The competition to enter UK, USA, EU, and the developed countries such as Japan is fierce and competitive. There is a brain drain in the country of origin and brain gain in the host country. In the past immigrants from Sri Lanka to the West were mainly the educated and qualified. There were no reasons for them to emigrate as the life here was satisfactory. It is only after the North and East disturbances that Sri Lankans adopted other methods to emigrate.

Mostly as refugees who seek protection under the Refugee Convention in which international protection is provided for - those who flee the country of origin in fear of persecution being a member of a political group, race, religion or an ethnic group. Sri Lanka has provided for a system of dual citizenship for those who have settled down in some countries such as UK, USA and Canada.

Refugees

Today there are over 600,000 Sri Lankan refugees worldwide mostly in EU and UK. They are not educated as the previous immigrants who were educated productive and were respected by the residents. Refugees are a burden to the host country as they are expected to provide facilities at the expense of the citizens in the country. Obviously there is enmity and resentment by the general public on refugees who are a large number considering the influx from other refugee producing countries.

They are a large political force and easily manoeuvred and made use of by LTTE for their propaganda as the majority of the refugees belong to Tamil ethnic group. Most refugees depend on income support and other benefits. As they are not educated it is hard to find good or any employment. They are made use of by LTTE as ?robots?? for demonstrations and collection of funds and for financial contributions.

It is with the help of these large numbers of refugees that LTTE is showing its strength and for their continuity as refugees the situation in the country should be unstable. The current war against the Sri Lankan Government is mainly funded, sponsored and supported by the refugee expatriate community in the West - mainly UK - being the hub of activities.

Students

Sri Lanka student population in the world is vast. Most students are in the United Kingdom spending large sums of our foreign exchange. Some are genuine students and others are not. Once a student finds his way to United Kingdom it is easy to find an employment if you have the proper contacts. Even though the Department of Immigration and Nationality is trying to close the loopholes on various methods adopted by students from all over the world to be in the system and their existence, our students are smart and enterprising to emerge victorious.

Amount spent to enter UK is enormous. The procedure is somewhat same and similar in USA, Australia, Canada and EU. The current trend is that there is a demand to study in India, Bangladesh, and Kathmandu and even in China - especially medicine as there are no avenues and facilities in Sri Lanka though we are equally capable and far above the standards of these countries.

It is a pity that Sri Lankans spend large sums for emigration and education. Trillions of rupees are spent on education every month. Cost of medical studies in UK for a student is generally Pound Sterling 30,000 school fees and around Pound Sterling 10,000 other expenses per year, which is around Rs. 80,000,000 and the irony is that this is a course of study provided in Sri Lanka via a private medical college for which some of our misguided youth and some politicians are against.

I do not know how but our parents somehow find the funds including the initial deposits and expenses which are substantial. There are hundreds of thousand of students worldwide - mostly in the UK, spending trillions of our money.

It is time for our private hospitals to set up medical colleges and other educationist or the Government sponsored or joint ventures to set up quality educational institutions in Sri Lanka as the Universities are unable to meet the demand and cope with the international standards. Our parents spend enormous amounts to educate their children and I wonder where this money comes from. In the process we come across many disappointed and cheated parents by unscrupulous immigration advisors and bogus colleges.

UK is now providing employment for UK qualified students for two years employment in order to make use of their newly acquired knowledge and liberalised and made it easier the process of offering avenues for employment in certain sectors.

Immigration rules

Immigration rules are straight and clear on requirements to be a genuine student in a West Country and a university or an educational institution. The prospective students must have basic qualifications and a place in a Good educational institution accepted by the immigration, ability, intention, and the ability to maintain and accommodate without recourse to public funds. If the application is rejected by the Entry Clearance Officer the student has a right of appeal to a tribunal in the United Kingdom.

Immigration rules in the UK are formulated under the Act and published by the Department until presented to the Parliament. If it goes through unopposed for the given time it is in force until repealed. Generally rules are accepted unopposed as it is presented after extensive research and ground work.

Due to the unprecedented demand worldwide to enter United Kingdom the rules and the procedure are streamlined and made it difficult for breach of immigration rules and prevents illegal immigration. There is a demand to visit UK for various purposes- may be for business, medical treatment and many other matters. Rules are clear that they have to satisfy the entry clearance officer of genuineness and ability to maintain and accommodate which is the most important requirement which runs through all the rules such as family reunion, marriage, business, or employment.

Managed migration process has made would be immigrants to enter and settle down in the United Kingdom on complying with the requirements which are readily available in the website in great detail which is very consumer friendly and simple to understand and follow without the assistance of an able immigration advisor hard to find out in Sri Lanka despite full of advertisements in abundance on Sundays. Avenues for professional including doctors and lawyers are many.

Now that the point system is introduced it has become easier to ascertain the outcome in advance and matters have become less complicated and easier. It is a pity that most are now aware of the benefits and avenues available to the business community to open branch offices and businesses and industries in the United Kingdom and to make it the country to live for the rest of your life having a highly skilled migrant.

Journalists, artists, and people of independent means and innovators have a place in the UK if you are the correct person. The rules and procedure in most Western countries are almost the same and similar. The situation in the UK is more liberalised and people friendly. There is a right of appeal in most applications and the appeal is heard in the United Kingdom.

European Union

After the introduction of free movement of workers of the EU citizens the entire social and economic structure has changed. Migration has liberalised and any EU citizen can move to UK for employment and subsequently make it the permanent place to live. SAARC too is developing fast and following the footsteps of EU aiming at free movement and a common currency sooner or later.

Free movement and the liberalisation of trade and employment has completely changed the economy and the social fabric of the entire Europe and united though UK has reserved the decision making power on matters of immigration control, which is supplicated and streamlined in the United Kingdom.

Future and the end of the trend

There cannot be an end to migration as it is an ever changing scenario. At the rate of the globalisation and E-com developments, future changes are unpredictable. Knowledge spreads in seconds with the click of a mouse, and the personal presence of an individual in a jurisdiction will not be an important issue in time to come.

Today one could manage a giant company from a remote jungle with the help of a small laptop. Therefore migration will not see or feels boarders and boundaries. Video conferencing has still brought the people together and easy and cheap access of e-com to the ordinary man will change the world and migration pattern as physical movement in future may not be necessary in education, business and their social and international arena.

A craze to learn English and E-com currently is very encouraging and it is our duty to encourage this tread. It is good news that President Rajapaksa has set up 600 Nenasalas islandwide and steps have been taken by the presidential Secretariat to improve English education as a lifeline.

In this year of English and E-com knowledge - the main two life lines for the future generation - they be equipped with in order to meet the new trends and challenges of modern economic and political world order and we hope our future generation will be well equipped with both lifelines adequately.

(Sarath Wijesinghe, Solicitor in England and Wales- Chairman Movement for Justice and Equality and a former Secretary of the Bar Association of Sri Lanka.- sarath8@hotmail.com )

-Sri Lanka Guardian