Get clarity on migration terms essential for understanding UK policies.
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The subject of migration is often shrouded in complex language, leading to confusion and misinterpretation. Terms such as migrant, asylum seeker, and leave to remain are frequently used in discussions about immigration in the UK. This article aims to clarify these terms, providing a comprehensive overview of their meanings and implications.
Migrant and asylum seeker: What’s the difference?
According to the United Nations’ International Organisation for Migration, a migrant is anyone who is moving or has moved across international borders or within a country, departing from their habitual residence.
This movement can be temporary or permanent and may be motivated by various factors, including employment, education, or fleeing conflict and persecution.
Interestingly, international law does not have a universally accepted definition of a migrant. Migration can be categorized as internal, where individuals shift within a nation, or external, involving movement across borders.
For example, students arriving in the UK on study visas represent external migration, while UK residents relocating for job opportunities illustrate internal migration.
Defining asylum seekers
Unlike general migrants, an asylum seeker is a specific type of migrant who seeks refuge in the UK due to fear of persecution in their home country. These individuals have not been granted legal permission to enter the UK; instead, they arrive with the intention of applying for asylum. The Home Office outlines that to qualify for asylum, a claimant must demonstrate they cannot return to their homeland due to a well-founded fear of persecution.
Importantly, individuals cannot apply for asylum from abroad; they must reach the UK first to submit their claims. This aspect highlights the urgency and desperation often faced by asylum seekers.
From asylum seekers to refugees
A person who successfully receives asylum status in the UK is classified as a refugee. To maintain this status, they must provide evidence that returning to their country poses threats to their safety due to factors like race, political beliefs, or gender identity.
While many asylum seekers transition into refugees, not all claims are successful, and some may face rejection. Nevertheless, every refugee has previously navigated the asylum-seeking process.
Legal pathways for migration
The majority of migrants enter the UK through lawful means, often via visas or humanitarian resettlement initiatives. Common visa types include those for work or study, which account for a significant portion of legal immigration. Family visas also play a role, allowing individuals to join family members already residing in the UK.
Furthermore, the UK has established several humanitarian routes to facilitate safe migration for individuals from specific regions. Recent examples include the resettlement schemes for individuals fleeing the Russian invasion of Ukraine and the British National Overseas route for Hong Kong residents.
Understanding humanitarian protection and illegal migration
Individuals who do not meet the criteria for refugee status may be eligible for humanitarian protection. This form of assistance is not limited to specific threats but can be granted to those facing serious harm simply due to their presence in a conflict area.
On the other hand, illegal migration describes migrants residing in the UK without authorization. The Oxford University Migration Observatory identifies various pathways to unauthorized residency, including overstaying visas or entering without permission.
The concept of irregular migration
Some experts prefer the term irregular migration over illegal migration, emphasizing the circumstances that compel individuals to take unauthorized routes. The Home Office specifically tracks those arriving in the UK through irregular channels, such as perilous boat crossings.
Net migration and its implications
Net migration refers to the numerical difference between those moving to the UK and those leaving. In 2024, the Office for National Statistics estimated a net migration figure of 431,000, a decrease from the previous year’s record of 860,000, primarily influenced by the influx of non-EU migrants following Brexit.
Leave to remain and citizenship pathways
Non-British residents in the UK may have a status known as leave to remain, which can be limited or indefinite. Limited leave allows individuals to stay for a predetermined time, while indefinite leave provides the right to live, work, and study without time constraints. However, it is crucial to note that indefinite leave does not equate to British citizenship, which requires an additional application process.
Furthermore, the right of abode grants certain individuals unrestricted residency rights in the UK. With the end of the EU settlement scheme, EU citizens now seek indefinite leave to remain to secure their status.
In summary, understanding the terminology surrounding migration is vital to grasping the complexities of immigration policy in the UK. Clear definitions help foster informed discussions and promote awareness of the challenges faced by migrants and asylum seekers.
