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Assignment 1

How Recent Changes to

UK Immigration Legislation

Affect ESOL Provision

in the Further Education Sector

(Level 6)

BryAnne Conley

7 January 2011

Introduction

In recent years the English for Speakers of Other Languages (ESOL) sector has been dramatically affected by top-level UK immigration legislation. Immigration changes emanating from the Home Office, as well as corresponding funding changes for ESOL through Skills for Life, have significantly impacted public-sector Further Education (FE) teaching of ESOL.

This essay will outline the recent history of national legislative changes affecting English-language teaching and identify the current operating policy and include a description of my education sector and learners. Following this description will be a detailed analysis of how the policy has been implemented in the public FE sector and especially within my own organisation. The analysis will begin by examining funding issues that affect the implementation, followed by a point-by-point discussion of positive benefits as well as negative impacts of each aspect. Both pre-existing and pending funding changes which impact ESOL provision will also be briefly mentioned.

Historical Overview

Hamilton and Hillier (forthcoming, p 1) could not have been more accurate when they stated "It is clear from the historical record that ESOL... has received uneven and often unhelpful attention from government."

In the early 2000's the UK began significantly tightening immigration controls in an effort to reduce the number of immigrants to this country, and many amendments were added to the main law controlling immigration to the UK: the Immigration Act 1971. Prior to this time, the law specified only that any immigrant desiring British citizenship should have 'a sufficient knowledge' of English (British Nationality Act 1948). In the last decade, however, an astounding 267 Statutory Instruments and 5



Bibliography: Ainley, B. (2007). Guide to Race Equality in FE. London: Continuum. Avis, J. (2007). Education, Policy and Social Justice. London: Continuum. Borders, Citizenship and Immigration Act 2009. (20 January 2010). [Electronic version.] The Guardian. Retrieved October 2010 from: http://www.guardian.co.uk/commentisfree/libertycentral/2009/feb/13/civil-liberties-immigration. British Nationality Act 1948 (11 & 12 Geo. VI. c. 56) British Nationality Act 1981 (1981 c Command Papers. (2010). Statement of Changes in Immigration Rules, presented to Parliament by Command of Her Majesty October 2010. (Cm 7944). London: HMSO. Department for Innovation, Universities and Skills. (last updated 2 February 2009). Planning & Funding. [Online.] Available: http://rwp.excellencegateway.org.uk/readwriteplus/Planning_and_Funding. Department for Innovation, Universities and Skills. (May 2009). A New Approach to English for Speakers of Other Languages (ESOL). [Download, PDF.] Available: http://www.bis.gov.uk/assets/biscore/corporate/migratedD/publications/E/esol_new_approach. Home Office. (2010). Statement of Changes in Immigration Rules, laid before Parliament on 18 March 2010 under section 3(2) of the Immigration Act 1971. (HC 439). London: HMSO. Lea, J et al. (2003). Working in Post-Compulsory Education. Maidenhead: Open University Press. Learning and Skills Council (LSC). (March 2007). Funding Guidance for Further Education in 2007/08. [Download, PDF.] Available: http://readingroom.lsc.gov.uk/lsc/National/FEFundingGuidance0708.pdf. Learning and Skills Council. (2009). Fast Facts - 'The New Approach to ESOL '. [Download, Microsoft Word.] Available: http://readingroom.lsc.gov.uk/lsc/National/nat-esol_fast_facts_LA-july2009-v1-1.doc. National Archives. (As of 4 January 2011). Database search for legislation using keyword 'immigration ' across years 2000 through 2010. [Online.] Accessible at: http://www.legislation.gov.uk. Paton, A and Wilkins, M. (2009). Teaching Adult ESOL: Principles and Practice. Maidenhead: Open University Press. Singh, R, QC, and McColgan, A. (21 September 2010). In the Matter of Pre-Entry English Language Requirements. [Download, PDF.] Available: http://www.liberty-human-rights.org.uk/human-rights/asylum/pre-entry-language-req-matrix-legal-advice-sept-2010.pdf. Tahir, T. (2010). English language schools fear new visa rules. The Guardian, 19 January 2010. [Online]. Retrieved Nov 2010 from: http://www.guardian.co.uk/education/2010/jan/19/foreign-student-visas Tett, L; Hamilton, M; and Hillier, Y Travis, A. (27 September 2010). Human rights lawyers condemn English tests for spouses coming to UK. [Electronic version.] The Guardian. Retrieved November 2010 from: http://www.guardian.co.uk/uk/2010/sep/27/lawyers-condemn-migrants-english-tests. University College Union (UCU). (2007). Increasing exclusion, raising barriers: the real costs of charging for ESOL. [Download, PDF.] Available: http://www.ucu.org.uk/media/pdf/l/6/ucu_esolbriefing_nov07.pdf. University College Union. (2008). UCU warns community cohesion cannot happen without English classes for migrants. (2 April 2008). UCU News. [Online.] Available: http://www.ucu.org.uk/index.cfm?articleid=3183. Windsor, V and Healey, C. (2006). Lifelines 20: Developing ESOL, Supporting Achievement. Maidenhead: Open University Press.

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