UNITED KINGDOM
Right
to Fair Labor Conditions
Right
to Education and Training
Right
to a Minimum Subsistence
Right
to Moral and Physical Integrity
Can an undocumented migrant receive accommodation in a public housing
shelter or in a private shelter that receives public funding?
Housing
associations are not obliged to check the identity or immigration status, though
they often do. Eligibility for council housing requires being in the country
legally. If someone has been accepted and placed in council housing while having
legal status, and subsequently loses it, this often leads to evictions.
Is it legal for a landlord to rent out an apartment to an undocumented
migrant?
Yes.
There are no restrictions, due to the fact that there is no system of residence
registration.
Do undocumented migrants have access to public health care or is there a
special health service only for undocumented migrants?
The
NHS (National Health Service) as well as the service of GPs (general
practitioners) is accessible for undocumented migrants. With the GPs, it depends
on the individual doctor whether s/he takes someone on as his/her patient.
People are exempt from charges if they have been in the
UK for twelve months. This may well apply to a lot of undocumented migrants,
although they may not want to prove they have been here for twelve months. Also
exempt is anyone who has come to the UK to take up permanent residence. These
are obviously rather loose requirements. A patient, who has been in the UK for
less than twelve months, can always state he/she wishes to stay for good. There
are two more interesting categories of people exempt from charges. There is a
list of countries with which the UK has reciprocal agreements to provide free
hospital care for the residents of each. There
is also a list, which includes i.a. Romania and Poland, where residents, irrespective
of nationality, can get free treatment in the UK. This means that people who
are stateless but who have been living in that other country get free care in
the UK. The other category of people exempt from charges is that of refugees and
others who have ‘sought refuge’ in the UK. Since the hospital regulations do
not specify ‘claimed asylum’, almost anybody could say they have sought
refuge in the UK.
Do health care professionals have the duty to report an undocumented
migrant to the authorities? If yes, why? If no, why not?
No.
3. Right to
Fair Labor Conditions
Does
national labor law stipulate that an employer is obliged to pay an
undocumented migrant for work done, even if the worker does not have a legal
residence or work permit?
No information provided.
If
an undocumented migrant has an accident at the workplace, can s/he receive
coverage from Social Security (via accident insurance) to cover the costs of
treatment or care?
No information provided.
Can an undocumented
migrant bring a court case against an employer for withheld wages?
Yes.
Do undocumented migrants have the right to organize?
No information provided.
Can an undocumented
migrant be a member of a trade union?
Yes. For example, the British trade union T&G has a
special interest in protecting undocumented migrant domestic workers, and
actively encourages them to join and participate.
5. Right to
Education and Training
Can undocumented minors under the age of 18 enroll in schools?
Yes. Primary education is not subject to immigration control. Attempts to
implant immigration checks into primary school admission practice were rejected
by the National Head Teacher Association and the National Union of Teachers.
Are
schools obliged to report the presence of undocumented children/adolescents to
the authorities?
No.
Do schools receive any funding for these children/adolescents?
No information provided.
Do undocumented adults (over the age of 18) have the right to education
and training?
Access to further education is subject to charges, and not explicitly
restricted to legal immigration status. Thus, further education for adults is a
matter of financial resources rather than of immigration restrictions.
6. Right to a
Minimum Subsistence
Do
undocumented migrants have a right to welfare benefits from the
government?
By
and large, access to monetary welfare services such as job seekers allowance,
social benefits, child benefits or housing benefits are not accessible to
undocumented migrants. However, non-monetary services such as childcare or
counseling are in practice often open to the undocumented as well. Provisions
under the Community Care Act 1990 cannot refuse a service because of the
immigration status, neighbourhood
officers or social workers do not need to ask for the immigration status, only
for the client’s residence. In practice, a lot depends on the goodwill of the
individual social worker.
Can
an undocumented migrant legally get married or legally cohabitate?
Yes.
Is
it legal to deport an undocumented migrant without his/her spouse or child/ren?
No information provided.
8. Right
to Moral and Physical Integrity
Are
there rules and regulations upholding the right to integrity of undocumented
migrants in this country?
No information provided.
Has
this country been condemned for not respecting international agreements
concerning protection of the personal integrity of undocumented migrants?
No information provided.
Are detention centres accessible to non-governmental organizations?
Yes. Detention Centre Rules 28 (1) state that a detainee may
receive as many visits as s/he wishes within reasonable limits and under
reasonable conditions. Visitors have to be authorized by the SoS (Secretary of
State).
Furthermore, the SoS has to appoint a Visiting Committee, which has to visit the
detention centre at least eight times per year. Members of a Visiting Committee have access to the detention
centre at any time and may interview detainees out of the sight and hearing of
the personnel.[1]
Are undocumented migrants entitled at any time to free legal aid from a
jurist or lawyer?
Undocumented migrants have access to legal aid, and also to numerous
advice agencies usually free of charge. However, since April 2001 it has been a
criminal offence for an advisor to provide immigration advice or services unless
their organization is either registered with the OISC (Office of the Immigration
Services Commissioner), or exempted by the OISC.
Can undocumented migrants freely assert their rights in court and in the
appeals court?
No information provided.
Articles
- A Common Policy On Illegal Immigration
- Refugees, Migrants, Asylum Seekers in the UK
- JCWI published a Manifesto for Reform of Immigration Policy: http://www.jcwi.org.uk/publications/manifesto.html