Migration 
ViewsDecember 18th, 2024
To mark International Migrants Day 2024, Access to Justice research officer, Elinor Mattey, shares some of the challenges migrants face living in Wales
The UN General Assembly declared 18 December as International Migrants Day, an occasion dedicated to celebrating migration and educating the public on pressing issues affecting migrants across the world. In Wales, migration is most certainly something to be celebrated, but there is much more that can be done to ensure better opportunities, and better protection of rights for migrants living in Wales.
Why do people migrate?
According to the UN, a migrant is “any person who has changed his or her country of residence. This includes all migrants, regardless of their legal status, or the nature or motive of their movement”.
Migration is a historical and fundamental feature of human behaviour. Most people migrate out of choice, to seek greater economic and employment opportunities, to study or to join family abroad. Other people migrate out of necessity, to flee persecution or conflict. Sometimes, the lines of motivation are blurred, with several factors contributing to a person’s decision to move.
Migration in Wales
International migration has many benefits. In Wales, migrants are vital workers in the NHS, in social care and in the hospitality industry. Migrants have also helped to balance Wales’ falling population and shrinking economy. Data shows that international students alone in 2021/22 boosted the Welsh economy by £1.43 billion.
“Wales has a long history of welcoming migrants to our communities. Our economic and cultural heritage is heavily influenced by contributions made by migrants who have become neighbours and friends. Each successive wave of migration has created opportunities and connections between and within Welsh Communities.” – Migrant Integration Framework
Immigration and asylum are not devolved, but Welsh Government can introduce measures within their devolved competencies to improve the lives of migrants living in Wales. Here are some of the challenges which need to be addressed to ensure that Wales becomes the first Nation of Sanctuary.
Access to justice- an ‘advice desert’
Like many other places in the UK, access to legal advice and representation for immigration and asylum applications is a challenge in Wales. Our previous research shows that there is a serious shortage of solicitors, advisors and representatives offering free and low-cost immigration legal services and limited funding to support them. 60 per cent of immigration legal aid offices in Wales have closed in just over 5 years, and the forecast suggests this decline will not slow down.
With severely restricted provision, an increasing amount of people in Wales are unable to find immigration legal services. Failure to access justice at the right time can result in loss of rights, employment, housing, immigration status and can ultimately lead to destitution and deportation. Our most recent research on the experiences of justice in Wales paints a stark picture of the reality of the situation for people looking for or have experience in accessing justice in Wales.
No Recourse to Public Funds
No recourse to public funds (NRPF) is a condition attached to most people in the UK who don’t have settled status. It restricts access to many mainstream benefits that others can access during times of financial hardship, and puts people and families in a precarious position, at risk of falling into destitution. Despite misconceptions that people with NRPF cannot access any form of support, there are discretionary measures in Wales which can help prevent people subject to NRPF from falling into destitution
Our research found that local authority planning, policies and training are inadequate, and little is known and understood about the NRPF condition. This risks the needs of children and families affected by NRPF being unmet during precarious times.
Free School Meals
Free school meals are a vital support mechanism in addressing child poverty. In secondary schools in Wales, children are routinely excluded from accessing free school meals by their parents’ NRPF condition. This could mean that even if their household income is zero, children are going hungry whilst their peers are fed. Restricting eligibility on this basis disproportionately affects children from black and ethnic minorities and leads to discrimination.
The current free school meals policy does not work. The Welsh Government must permanently extend eligibility for free school meals to include all children, irrespective of immigration status.
As a nation, and as individuals, we must stand with migrants. To celebrate their contributions, and in upholding their human rights. Not only today, but everyday.
