By  Eddie Onyeka

The reverberations arising from the Church of England’s apology for its historic complicity in the transatlantic slave trade continues to resonate across the world. In acknowledging its role in what it described as a “shameful past,” the Church expressed profound remorse for a “vile and disgusting sin” and committed itself to “acts of repentance, remembrance, reconciliation and renewal.”

Yet, as one national institution seeks to confront the moral burden of history, another, the British government, is on the verge of committing the egregious moral wrong of taking away the accrued rights and expectations of thousands of migrants by changing the rules in the middle of the game to which they have been invited and committed so much resources to play.

Skilled workers in the United Kingdom- and thousands of them are Nigerians- currently have a five- year route to settlement.

The government has announced a new immigration policy that would dramatically extend the qualifying periods for settlement for skilled workers from five years to 10 or 15 and intends to apply this law retrospectively to those already on the five- year route. If enacted, this law would represent a profound departure from the long-established principles of constitutional law, legal certainty, rule of law, human rights, rule against retrospectivity, fairness, and responsible governance.

If passed, lawful migrants who had planned their lives on the five-year route would go through a harrowing period of “indefinite uncertainty” before they are able, if ever, to apply for settlement.

If passed, this law may open a floodgate for potentially endless shifts of the goalposts in the middle of the immigration journey, thereby rendering any legitimate expectation of eventual arrival to the settlement destination a pipe dream. It would mean that the government can, at any time, renege from its obligations under an existing law by simply enacting a countermanding law.

There will surely be a concomitant uncertainty whether the extended period would not be further extended in line with shifting political winds. There is no assurance that the Settlement scheme would not be abolished entirely and applied retrospectively against migrants who are already on the way. After all, some opposition parties are already calling for the abolition of the scheme in its entirety.

The extended period is not all. The conditions under which the migrant must live during this period paints a picture that does not elevate human dignity. He is tied to the same employer and loses his status if he changes employment or is dismissed. He cannot change his role. He cannot negotiate his salary. He loses his status if his employer loses their sponsorship licence.

He cannot work for more than 20 hours a week in a supplementary employment. He has only 60 days to secure a new sponsorship if he needs to switch employment. Having served the entire stipulated period, he is still not free. He cannot apply for settlement unless he provides a letter from the same employer to confirm that they are still willing to employ him for the foreseeable future. The threat to remove him from the UK comes from all angles and he is restrained from exercising his full humanity. And what about the immigration costs which run into tens of thousands of pounds, and leaving him in a state of perpetual indebtedness?

The living realities of many skilled workers raise profound questions about whether the immigration framework creates conditions that may, in certain circumstances, approach the legal concepts of servitude or forced labour. Many families arrive at the point of employment having sold off all assets back home to raise money and already crushed beneath a mountain of debt.

Working, paying taxes, having no benefits, on a low wage, facing all the vagaries of the often discriminatory work place, the migrant is in a straitjacket, having as his only hope the expectation that he will be able to regain his life and liberty after 5 years. And now, that hope is under a threat.

©Onyeka is a regulated immigration consultant. He can be reached via: [email protected]