Christine Lee in Politics

New Immigration Rules

Effect on the UK Chinese Community and Recommendations

Background

The majority of the UK Chinese Community are still involved in the catering industry and typically in the restaurant and takeaways businesses. This situation was highlighted by the Late Lord Chen in the Upper House of Parliament at the time of the debate on the then Immigration, Asylum and Nationality Bill. However, since the very sad passing away of Lord Chen there has been no ethnic Chinese representative in either House, and those issues raised at that time has now been forgotten.

The situation is that whilst Britain enjoyed unprecedented economic success and continual growth, more and more Chinese restaurants and Takeaways have been established with great degrees of success. This has created unprecedented demand for the number of workers (chefs and cooks) to work in these businesses. The local resident population of the Chinese Community simply cannot cope with this demand, with most of the second and third generation of the Chinese Community opting for professional jobs as opposed to staying in their parents' businesses. The only way, therefore for these business to continue to trade and thrive and to contribute to the success of the British economy is to bring in foreign workers.

The Chinese catering industry, as with others in the catering trade, has few formal training routes to become qualified and experienced chefs or cooks. This may change in the future but to meet the immediate demand, the industry has relied heavily on work permits to bring in skilled chefs to train and manage its tens of thousands of restaurants and takeaways throughout the UK.

The Problems and Recommendations

1 Tier 2 - English requirements

Within the new rules - Tier 2 is the equivalent of the existing work permits system but with the major change that all new chefs coming to the UK must have English Language skills up to GCSE grade C standard before they come to the UK. This caused major concern within the Chinese Community when the idea was first announced. The problem is that most Chinese chefs are trained by apprenticeship from a young age and it is typical of the industry, and not just the Chinese, that most of these apprentices have no or little academic training or achievements and most would have left school early. Because of the system, most Chinese chefs do not have a high standard of written Chinese and to impose a fairly high standard of spoken and written English on these chefs, the consensus is that virtually no Chinese chefs will qualify.

The perceived problems of expensive resources needed for interpreters are not caused by the Chinese chefs. The Chinese Community are a close knit group and tends to look after its own. However the effect of this requirement will cause an insurmountable obstacle for the survival of the Chinese catering trade.

Various meetings with representatives of the Government were held at the time when the Immigration, Asylum & Nationality (IAN) Bill was being debated resulting with the promise from the Government that the Chinese restaurant trade's special case would be considered when new rules were brought in. This has not happened.

Recommendations

Whilst the need to learn English in order to live in the UK is not opposed, it is not understood why there has to be this high requirement BEFORE the chefs come to the UK. These chefs will be in the UK for a temporary basis and if they continue to want to remain in the UK, then the requirement to learn English to a certain standard is not objectionable.

We recommend that for Chinese Chefs, there is no prior requirement of English language before they come to the UK. After entry we also recommend that GCSE pass is too high a standard for Chinese chefs, the written element being the most inappropriate. Speaking the language to general conversational standard will achieve the Government's aim of social integration.

2 Tier 2 - Chinese Takeaways

The Government has announced in January via the Border & Immigration Agency (BIA) website that most Takeaways will not be allowed to employ overseas chefs on a work permit unless there is a ‘specialist' requirement. This is illogical and ill thought through. Takeaways have the same problems as restaurants. There are simply not enough Chinese chefs. It is illogical that just because takeaways offer less choice on the menu, somehow the food can be produced by non-qualified persons. This will result in the quality of the food produced being not up to standard and customers will vote with their feet and these businesses will have to close.

It is arguable that because of the general extent of the Takeaway menu compared to the restaurant, chefs have less to do, but we cannot accept that the standard of the chefs can be lessened. Perhaps not a head chef but a second chef. This need by the Chinese Takeaways is not considered at all by the Government.

Recommendations

We recommend the Government to continue as before to allow work permits and under the new Tier 2 to allow Takeaways to employ overseas Chinese chefs. We also recommend that lower grade chefs are allowed and catered for in the new Tier systems.

3 Tier 3 - low skilled workers

Tier 3 was announced at the beginning to allow lower skilled workers a route to come and work in the UK. The Chinese Community has always welcomed this. However this Tier has now been scrapped. Apart form the Head and Second Chefs, there is a need for third chefs or cooks in the larger kitchens. The Governments answer that these lower skill jobs can be filled by EU workers (for example Polish workers) is pie in the sky. There is only a limited amount these EU workers can help in a Chinese Restaurant and very little in the kitchen, typically cleaning only. A restaurant and takeaway's kitchen needs more than a head chef or second chef to function.

The Government's explanation that EU legislation prohibits entry of low skilled workers outside the EU whilst there are strict quotas for Romanians and Bulgarians is only an excuse. There are ways that the Government can allow the same restricted access to lower skilled workers from outside the EU.

Recommendations

We recommend that the Government recognises the special needs of the Chinese Catering industry and allow for employment of lower skilled workers. Previous schemes like the Quota systems for HK citizens and the Sector Based schemes (both are now scrapped) can be modified to allow the Chinese Community's concerns to be met without any conflict to other EU nationals.

4 Chinese population in Limbo in Britain

Another way of solving the current crisis for the Chinese Community is to use the floating Chinese populations in the UK whose presence can be seen but not accessible by the Chinese caterers. There is no doubt a large number of unresolved cases under the Government announced Legacy Programme. Amongst these there is a sizable Chinese population in this Programme in Britain that is in a state of Limbo.

Recommendations

Whilst efforts are being made to resolve their situation, we recommend that these people are allowed to work and alleviate, in the short term, the problems faced by the Chinese Community. This will also allow proper contribution to the UK economy and revenue by a floating population that is bad for the image of Britain and bad for the image of the Chinese Community.

5 Racial Tension in the UK

There is a strong feeling within the Chinese Community that we are being targeted by the UK Government. There have been very high profile raids to Chinese restaurants. These raids are accompanied by managed media briefings from the Home Office. It is also the first time that we have realised that there is a publicity team within the Border and Immigration Agency managing the media for these raids. The main one was the raid to China Town in October, with the attendance of the press, and closing of the whole of China Town. These were followed by similar raids to large Chinese restaurants in other areas of Britain with corresponding high profile publicity issued by the BIA to local press naming the Restaurants. This has no doubt raised the tension of racial harmony between the Chinese and local communities. The Chinese Community see this as a deliberate attempt to blacken the community's name and affect the peaceful harmonious existence of the Chinese Community. The publicity has in some cases resulted in racial abuse from the local community towards the Chinese. Since October there have been other demonstrations and protest marches organised by various local Chinese Communities as a direct result. This is from a normally passive quiet Community which shows the magnitude of the reactions to the raids and perceived targeting of the community. The Community feels alienated by the Local Enforcements officers from the BIA and the Police force leading to a number of complaints being lodged.

Recommendations

We recommend that the Home Office address the problem issues highlighted above together with the Chinese Community to come to a solution and brief local officers of the BIA and Police force properly of the issues.

6 Migration Advisory Committee

In response to the English Language requirements and the issues highlighted above, the Government has responded that these concerns are being looked at by a newly formed Committee (formed in 2006). However there is no Chinese representative and there appears to be no representation of the Chinese concerns. There is also no process of applying to be consulted by the Committee. There are a number of Chinese Community groups that are known to the Home Office who should be consulted. Consultation was promised to the Chinese Community in the process of the IAN Bill going through the House of Lords. None of this has materialised. None of the Chinese stakeholders have been consulted.

Recommendations

There should be a representative in the MAC to ensure proper representations of the Chinese Community, and to report to the Chinese Community at large the considerations that the Committee has taken into account and the recommendations given to the Home Office. This will ensure better integration of the Chinese Community in the Policy making process and alleviate problems highlighted above.

Christine Lee & Co

3 March 2008