By Laura Devine, Laura Devine Solicitors, London


Farewell Immigration and Nationality Directorate, hello Border and Immigration Agency

On 1 April 2007, following the recent announcements of major changes to the structure of the Home Office and amid continued talk of reform, a new Home Office agency was born: the Border and Immigration Agency (BIA). The launch of the BIA coincided with the Home Office's fee increases, which were announced last month.

 

The BIA

The BIA replaces the Immigration and Nationality Directorate (IND). Home Office minister Liam Byrne has hailed the BIA as the 'next step in the home secretary's shakeup of the Immigration Service - delivered on time as promised', and the change is expected by the Home Office to improve performance and allow the BIA to deliver a higher quality of service than the IND. The BIA is founded on four objectives: strengthening the UK's borders; fast-tracking asylum decisions; ensuring and enforcing compliance with UK immigration laws; and boosting the economy.



The BIA will remain part of the Home Office, but the intention is for the agency to have more public accountability for the service it provides and greater operational freedom to deliver it. There is to be a visible BIA presence at all UK ports, with new signage and more staff on the ground responsible for enforcement and removals. And, for the first time in the UK, immigration officers will wear uniforms.



The launch of the BIA has brought with it the appointment of six regional directors, including Chris Hudson, who was formerly in charge of Work Permits (UK), the efficient Home Office department previously responsible for issuing work permits. During the coming months, the simplified regional structure will have offices throughout the UK with accountable directors 'in position'. There should be a 'delivery of services' focus at a regional level, with each director taking operational responsibility for the conveyance of immigration services in his area.



Despite the BIA's increased freedom, a new regulator will be introduced to deliver a tougher inspection of the BIA, with the focus on efficiency and overall effectiveness. Its aim is to scrutinise the quality of the BIA's decision-making, including comparisons across regions so that the public and stakeholders are aware of how the BIA is operating in each area, and identify where improvements are required.



BIA chief executive Lin Homer (former director-general of the IND) announced: '[The BIA] will be more open and accountable with clear, published targets so the public can see whether it is delivering - putting us in a stronger position to deliver the transformation we have promised.' 



The BIA should operate in a shadow status for the first year. The operations and transition director, Christina Parry, stated that the timing of the BIA's transition to full agency status has not been fixed, but it is expected to be in 2008, along with other changes on the reform agenda. This should allow the foundations, such as its delegated freedoms and its responsibilities towards the rest of the Home Office, to be firmly put in place by the time it completes the transition to full agency status. This 'shadow agency year' is apparently a time for ministers and staff at the BIA 'to get the approach right through action learning'. The detailed business plan for the BIA and its framework agreement is expected to be published later this month.



The commercially minded Work Permits (UK), which no longer exists as a separate entity, should be phased out over the next year, but the existing business teams will continue to provide the same services, under the umbrella title of the BIA. Ms Parry believes that the use of a single identity will help the BIA take credit for its successes, and signifies a move away from a culture of individual businesses towards an organisation that thinks and acts together.



The launch of the shadow agency follows the review of the IND, which was published by the Home Office in July 2006.



The review focused on the need for an immigration system that is 'fair, effective, transparent and trusted' and builds on the government's five-year asylum and immigration strategy, which was published in 2005.



The review recognised that to deliver changes fast, the IND had been forced to work around outmoded systems and make piecemeal improvements. It is believed by the IND that it must change rapidly to meet increasing challenges and regain the public's trust. The need to make the IND more powerful but at the same time more publicly accountable was also identified.



Home Office fee increases

The launch of the BIA has coincided with the Home Office's fee increases, which took effect on 1 April 2007. These increases will impact on those making applications to the Home Office and those making applications to British diplomatic posts for entry to the UK. Individuals applying to naturalise as British citizens and for indefinite leave to remain in the UK will be most affected.



The BIA argues that the fees have been set at a level to ensure that the UK is competitive in a global market, while also remaining attractive to migrants. The increases have been introduced to support the improvement of the immigration system, making it easier to use, while enabling the Home Office to take tough action against those who abuse it. It can be assumed that these increases will partly finance the launch of the BIA.



The expectation is that the BIA's introduction will provide more than just a visual revamp. However, following the announcement of the new agency, the Home Office has not yet provided any details on how the BIA will operate on a day-to-day basis and how improvements will be made to the service that it provides. It is planned that the BIA will initially focus on undertaking 'action learning'. Despite BIA spokesmen stressing that this is not a 'trial year', it still raises the obvious concern that the BIA will be learning from its own mistakes rather than from the IND's previous mistakes.



It appears that it is IND business as usual, but this year should see further changes and reforms throughout the Home Office.



Jennifer Stevens and Anushka Sinha assisted with writing this article