Tuesday 3 June 2014

Xenophobia

Basil came to the UK as an unaccompanied minor from Jamaica, fleeing death threats because of his sexuality. He claims asylum, which is his legal right.

Betty is the mother and sole carer of a British child, who is deserted by his British father. She asks the Home Office to recognise her leave to remain and care for her son, which is her legal right.

Basil is taken into care by Social Services and is granted leave to remain until his 18th birthday. Before his leave expires he applies again, but it takes 10 years for his application to be dealt with.

Betty receives a letter after 1 year telling her that the registration of her legal right to reside is being considered. Prospective employers are told that this letter means that Betty is maybe entitled to work, but it would be best to ring a hotline just in case, and anyway the letter expires after 6 months.

Basil has the right to claim benefits, but not to work. He also has the right to medical treatment. The former right is not observed and he loses benefits for 18 months because he cannot produce documents that are at the Home Office. He becomes economically reliant on sugar daddies or goes on the game, depending on your perspective. In his shoes I might do the same.

After a while Basil learns that he has HIV.

After taking the letter from the Home Office to employment agencies Betty learns that no one wants to know.

Employers face fines if they hire someone without proper legal documents. With 25 people chasing every job vacancy in Hackney, why should a betting shop (Hackney's growth industry) hire a single mum like Betty? Let alone a single mum with an official letter which says the Home Office has doubts about her right to work?

Basil can't get a GP because his papers are at the Home Office. I provide a solicitors letter. Hell, I go to the GP in person with a letter I have signed. He can't get GP treatment because no-one understands the paperwork. The GP receptionist tells me that she can't make exceptions and she needs something more official than a letter from a solicitor (with a solicitor attached). 

And here's the point. Today Basil has the rights to benefits and healthcare, and Betty has the right to work to support her British son. Yet even so they can't persuade anyone of this right. Even with a solicitor's letter. 

Tomorrow landlords will have a legal duty to ensure that before they grant a tenancy to Basil or Betty they check that they are legally in the country. Yet how will they know? Perhaps they can call the Law Centre.

Whoops.

Tomorrow there will be no Legal Aid for Basil and Betty until we know they have the right immigration papers. And as legal aid for immigration has cut us to just one lawyer, we will be less and less able to know.

The new Immigration Bill enforces strict immigration papers screening of tenants and patients. The new Legal Aid rules will stop us from stopping the cases where tenants are illegally evicted, and sick human beings are denied medical help.

Some of you will read this and feel a surge of delight. Here's to you Johnny Foreigner! Well done.

But consider. How am I supposed to verify that a white cockney with no passport and no driving license is British before I give her advice on preventing the loss of her home? No papers no help love, on to the street with you.

May I suggest that we should either have a reliable system to identify those who are entitled to state support or else have a system where those who don't qualify can wear this loud and clear. Perhaps a yellow star, perhaps a pink triangle.

At best these changes are xenophobic. At worst racist. I hope somewhere out there is listening. 









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