METHODIST CHURCH IMMIGRATION POLICIES Introduction The current immigration laws prevent someone who has entered the UK as a visitor or a student from remaining to work. There are a few exceptions in the student rules for skill shortage jobs They have normally to return to their country of origin and apply from there for re-admittance. The Methodist Church scholarship programme specifically trains people at the request of an oveseas partner so that they can enhance the work of their church when they return. The Immigration Rules HC395 now allow someone who is legally in the UK, but not as a visitor or asylum seeker to transfer to permit free employment as a minister of religion. If the person concerned is already ordained then the Methodist Church will 1/ Obtain consent from their home church for them, them to be given “Authorised to Serve” or “Recognised and Regarded” status as appropriate. In the case of an individual who has sought refugee status here this requirement may be waived. 2/ Check out their background and suitability for an appointment on our stations. This may identify additional training needs. In all fields of employment within the Methodist Church it has to be ensured that employees have a legal right to be employed. Some (possibly many) Methodists do not agree with the policies underlying these laws. Nevertheless, the Church has to be a law-abiding institution. (Even)If it is argued that people’s sense of spiritual vocation is the Church’s primary concern and that we should fight the authorities on their behalf, we should beware of making individuals into pawns in a political struggle. The Church should not make commitments that to individuals that it knows that it will not be allowed to carry out. Candidates for ministerial training must either Have the right of residence without restrictions in the UK, or Have the rights of residence without restrictions in some other part of the EEA and have reached an adequate English language level before appointment, or Be in training as a bona fide student on behalf of a Partner Church, as part of a formal programme (not as a freelance arrangement) or Have limited leave to remain (ie not temporary admission as a visitor or asylum seeker) and then been selected for onward training via the normal recruitment processes. Such a candidate will complete Foundation Training and Ministerial training before an application can be made for permit free employment as a minister of religion as a probationer in a circuit or have been already ordained. This procedure must be processed through the Connexional Offices 1/ by Formation in Ministry for the Church selection processes 2/ Stanley H Platt Advisor on Immigration and Asylum for the immigration process. The following policies have been agreed by the Methodist Council. Rev Dr Wendy KilworthPage 1 of 10 Mason (Secretary for Initial Development), Michael King (Team Leader, World Church Office) or Stanley Platt should be consulted about any particular cases. [Current definitions of “Ministers of Religion” in the Home Office Immigration Rules are in Appendix 2 to this paper.] In future: 1. No ministers, deacons or lay workers or others should be appointed to work for the Church unless they have the right of abode or leave to enter or remain and work in the UK. NB a lay worker from outside the EEA may be given leave to enter for one year to work as a volunteer under an agreed programme 2. No candidates for Foundation or Pre-ordination training should be accepted unless (a) they already have the right of abode or leave to remain and work “permit free” in this country or (b) the British Conference is asked by a partner Church/Conference to train them on its behalf as bona fide students and as part of some formal programme (not as a freelance arrangement) or (c) as a theological student they may seek transfer to a minister of religion status 3. No ministers or deacons should be accepted to serve the British Conference in the U.K. in the categories “Recognised and Regarded” or “Authorised to Serve” unless they have the qualifications/experience necessary to be given permission by the state (as well as the Church) to work as a minister on the stations or in a specific post. Those who in the recent past came to the UK to serve in Circuits by non-connexional arrangements [ie prior to Sept 2004 may be exempted from seeking permission from their home church for their transfer 4. No ministers or deacons should be accepted as transfers by stationing from other denominations unless (a) they already have the right of abode or leave to remain and work “permit free” in the U.K. [start work in circuit before leave to enter or remain; Conference often meets and accepts before IND consent is available] or (b) they have the qualifications/experience necessary to be given permission by the state (as well as the Church) to work as a minister or deacon on the stations or in a specific post (c) the consent of their home church has been obtained n.b. Any induction or other training required would have to be regarded as in-service 5. Probation should not be seen as study-related work experience n.b. We at present accept people from overseas (e.g. Interns) to serve on the stations who have not yet been ordained Minister (Presbyter or Elder). We treat them as Probationers, but bring them into the country as ministers of religion. The crucial point in this so far as our relationships with the immigration authorities is concerned is that what matters is being accepted by the Church as a minister, stationed, provided with stipend and manse rather Page 2 of 10 than ordination. If this practice stands we cannot normally allow Probation to be studyrelated work experience. We cannot present Probation in two contradictory ways (i.e. as “study related work experience” one minute and as “the work of a minister” the next). This has been thrown into question in the recent case of Rev Elizabeth McDowell and needs to be resolved urgently 6. Nobody should serve probation overseas unless (a) they do so as Mission Partners who (1) satisfy the selection criteria of the British Conference (presently developed and operated by the World Church Relationships section of the connexional team) (2) are acceptable to and invited by a partner Conference or Church (3) are to serve with a partner church whose systems of oversight of probation can give the British Conference sufficient assurances as to their development in ministry and fitness for ordination. or (b) there are exceptional circumstances. or (c) as a national of an overseas District 7. Nobody should be appointed as a Mission Partner unless (a) they do so as Mission Partners who satisfy the selection criteria of the British Conference (presently developed and operated by the World Church section of the connexional team) and they are acceptable to and invited by a partner Conference or Church and (b) they have the right to reside and work in the U.K. or they are appointed as a national in mission appointment or an international in mission appointment as agreed between the World Church Office and the partner church(es) 8. Senior appointments within the Church. Overseas nationals as theological tutors The work of overseas nationals as tutors in theological colleges has been greatly appreciated throughout the Methodist Church and with our ecumenical partners. The Immigration Rules appear to restrict such appointments to the work permit system irrespective of the ordained or lay status of the individual. Some may qualify under the highly skilled migrant programme. However, the salary element of this scheme usually causes difficulty for church and charity staff. For tutors who are ordained; WCBP terms on a work permit basis are probably the most appropriate World Church Area Secretaries The Immigration Directorate Instructions IDI’s that lay behind the Immigration Rules now include the following:“Although the Rules refer to work which in essence administrative or clerical, people who are to fill senior posts in a missionary organisation may be considered, provided that they meet the other requirements of the Missionary Rules. Thus, they may not be doing field work themselves but will be supervising staff and/or co-ordinating the organisation of missionary work, or will be in charge of a particular activity such as accounts/finance, personnel management or IT. Those who are in support posts (clerical, secretarial, messengerial) should not be considered, unless you are satisfied that they have spent a substantial part of their time in the UK in active Page 3 of 10 missionary fieldwork IDI Chapter 5 Section 6 Annex Q paragraph 8. 9 World Church in Britain Partnership. Ministers from partner churches may be invited to serve in the British Methodist Church for a period of five years. After their term of service it is agreed with the partner church that they will return to their home church to ensure that the partner churches do not loose their best qualified ministers to the British church. This programme is intended to give the British Church a wider vision of the world church . Such ministers will be staff members of the Circuit in which they are stationed and supported by the WCBP committee Mission Live Programme These are our short term mission partners whose visits are intended to help participating congregations to develop a rich understanding of life and mission in another part of the world. Such visitors may be either lay or ordained. They will spend up to three months sharing their experience between two or three diverse circuits Youth exchanges. A group of around ten people in the age range 18-30 will visit an overseas church for about six weeks and also receive a visit from an equal number of young people from the overseas church to their home District(s). The leader probably be older than 30yrs. The remainder of the party should be a balance mixture of gender and racial background. Scholarship Programme The Methodist Church will fund scholarship places for a limited number of persons nominated by the heads of overseas church partner. Those nominated are expected to be the potential future leaders of the partner church Voluntary worker schemes Voluntary workers may be recruited within the IND rules to serve within the British Church. Their role and terms of service must be clearly set down before any application is made. Such posts are usually only for one year and should not be used to fill core posts that are vacant Fees Acceptance of candidates for foundation and pre-ordination training is at present subject to the decision of the 1997 conference not to limit the number of candidates accepted for training. The training budget for 2007/8 is currently under review and the question of payment of additional fees still needs to be resolved. 1/ Anyone going through the process of becoming a Methodist Minister will have fees for IND applications to pay (1) for transfer to student status on entering for Foundation Training (2) for transfer to Minister of religion status on stationing and subsequent renewal of that status (3) for indefinite leave to remain when qualified [see Appendix 1 below] 2/ The university accreditation of ministerial training is likely to attract overseas student fees in future. This will currently add at least £3,000 pa to fees for full time courses 3/ A person must have had ILR status for three years before UK resident student fees apply Page 4 of 10 Appendix 1 Immigration fee structure 1/ Application for further leave to remain as a student FLR(S) Someone already in the UK who is not a visitor; an asylum seeker or illegally here may change their status to a student to begin the process of becoming a Methodist Minister. Beginning the process does not guarantee arriving at the end as a probationer minister ready to be stationed. However for the purposes of immigration applications for leave to remain the process should be seen as one: Foundation Training; which may result in a decision to proceed to the next stage Pre-ordination Training During the above two an accredited Higher Education course is followed plus additional formational elements There is a clear decision in the process between Foundation Training and Pre-ordination Training, but the accredited course spans them both for the person going through both elements FLR(S) application should be made to cover the four year period. The cost of the application is £250 for a postal application and £500 for a personal application. After successful completion of Pre-ordination Training to station some-one in Circuit an application for further leave to remain as a minister of religion is required FLR(O). At present that is referred to as permit free employment. Initially this will be granted for two years. After that year a further application is required for a three years extension. The cost of these applications is £335 for a postal application and £500 for a personal application. In both the above categories the individual and their family will not have access to public funds. They have a clear right to education for their children and the health service Indefinite leave to remain. This is granted to an immigrant after a variable time depending on their situation: 2 years of marriage to a UK citizen 5 years in a working situation eg as a minister of religion or in their previous occupation 10 years of legal, but non working residence eg as a student or dependent 14 years where residence may not be entirely legal. In the case of marriage SET(M) is required; for other situations SET(O) is required with fees of £335 and £500 as above. Following indefinite leave to remain being granted the family become entitled to public funds. After a further three years they will be entitled to be regarded as home students rather than overseas students for the purposes of further education Nationality. One year after receiving ILR a person may apply for UK citizenship. This is a purely personal decision which may be influenced by the view of their original country to dual nationality. Appendix 2 Page 5 of 10 Extract from HC395 Immigration Rules revised March 24th 2006. MINISTERS OF RELIGION, MISSIONARIES AND MEMBERS OF RELIGIOUS ORDERS 169. For the purposes of these Rules: (i) a minister of religion means a religious functionary whose main regular duties comprise the leading of a congregation in performing the rites and rituals of the faith and in preaching the essentials of the creed; (ii) a missionary means a person who is directly engaged in spreading a religious doctrine and whose work is not in essence administrative or clerical; (iii) a member of a religious order means a person who is coming to live in a community run by that order. Requirements for leave to enter as a minister of religion, missionary, or member of a religious order 170. The requirements to be met by a person seeking leave to enter the United Kingdom as a minister of religion, missionary or member of a religious order are that he: (i)(a) if seeking leave to enter as a minister of religion has either been working for at least one year as a minister of religion in any of the five years immediately prior to the date on which the application is made or, where ordination is prescribed by a religious faith as the sole means of entering the ministry, has been ordained as a minister of religion following at least one year’s full time or two years’ part time training for the ministry; or (b) if seeking leave to enter as a missionary has been trained as a missionary or has worked as a missionary and is being sent to the United Kingdom by an overseas organisation; or © if seeking leave to enter as a member of a religious order is coming to live in a community maintained by the religious order of which he is a member and, if intending to teach, does not intend to do so save at an establishment maintained by his order; and (ii) intends to work full time as a minister of religion, missionary or for the religious order of which he is a member; and (iii) does not intend to take employment except within the terms of this paragraph; and (iv) can maintain and accommodate himself and any dependants adequately without recourse to public funds; and (iva) if seeking entry as a minister of religion, can produce an International English Language Testing System certificate issued to him to certify that he has achieved level 4 competence in spoken English and that is dated not more than two years prior to the date on which the application is made [and] (v) holds a valid United Kingdom entry clearance for entry in this capacity. Leave to enter as a minister of religion, missionary, or member of a religious order 171. A person seeking leave to enter the United Kingdom as a minister of religion, missionary or member of a religious order may be admitted for a period not exceeding 2 years provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity. Refusal of leave to enter as a minister of religion, missionary or member of a religious Page 6 of 10 order 172. Leave to enter as a minister of religion, missionary or member of a religious order is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Requirements for an extension of stay as a minister of religion where entry to the United Kingdom was granted in that capacity 173. The requirements for an extension of stay as a minister of religion where entry to the United Kingdom was granted in that capacity, missionary or member of a religious order are that the applicant: (i) entered the United Kingdom with a valid United Kingdom entry clearance as a minister of religion, missionary or member of a religious order; and (ii) is still engaged in the employment for which his entry clearance was granted; and (iii) is still required for the employment in question as certified by the leadership of his congregation, his employer or the head of his religious order; and (iv)(a) if he entered the United Kingdom as a minister of religion in accordance with subparagraph (i) prior to 23rd August 2004 or as a missionary or member of a religious order, meets the requirements of paragraph 170 (ii) - (iv); (b) if he entered the United Kingdom as a minister of religion in accordance with subparagraph (i) after 23rd August 2004, or was granted leave to remain in accordance with paragraph 174B after that date, meets the requirements of paragraph 170 (ii)-(iva); or Extension of stay as a minister of religion, missionary or member of a religious order 174. An extension of stay as a minister of religion, missionary or member of a religious order may be granted for a period not exceeding 3 years provided the Secretary of State is satisfied that each of the requirements of paragraph 173 is met. Requirements for an extension of stay as a minister of religion for an applicant who did not enter the United Kingdom in that capacity 174A The requirements for an extension of stay as a minister of religion for an applicant who did not enter the United Kingdom in that capacity are that he: (i) entered the United Kingdom, or was given an extension of stay, in accordance with these Rules, except as a minister of religion or as a visitor under paragraphs 40-56 of these Rules, and has spent a continuous period of at least 12 months here pursuant to that leave immediately prior to the application being made; and (ii) has either been working for at least one year as a minister of religion in any of the 5 years immediately prior to the date on which the application is made (provided that, when doing so, he was not in breach of a condition of any subsisting leave to enter or remain) or, where ordination is prescribed by a religious faith as the sole means of entering the ministry, has been ordained as a minister of religion following at least one year’s full-time or two years part-time training for the ministry; and (iii) is imminently to be appointed, or has been appointed, to a position as a minister of religion in the United Kingdom and is suitable for such a position, as certified by the leadership of his prospective congregation; and (iv) meets the requirements of paragraph 170(ii)-(iva). Page 7 of 10 Extension of stay as a minister of religion where leave to enter was not granted in that capacity 174B An extension of stay as a minister of religion may be granted for a period not exceeding 3 year at a time provided the Secretary of State is satisfied that each of the requirements of paragraph 174A is met.” Refusal of extension of stay as a minister of religion, missionary or member of a religious order 175. An extension of stay as a minister of religion, missionary or member of a religious order is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 173 or 174A is met. Indefinite leave to remain for a minister of religion, missionary or member of a religious order 176. Indefinite leave to remain may be granted, on application, to a person admitted as a minister of religion, missionary or member of a religious order provided: (i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and (ii) he has met the requirements of paragraph 173 or 174A throughout the 5 year period; and (iii) he is still required for the employment in question as certified by the leadership of his congregation, his employer or the head of the religious order to which he belongs. Refusal of indefinite leave to remain for a minister of religion, missionary or member of a religious order 177. Indefinite leave to remain in the United Kingdom for a minister of religion, missionary or member of a religious order is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 176 is met. 177A. For the purposes of these Rules: (i) a visiting religious worker means a person coming to the UK for a short period to perform religious duties at one or more locations in the UK; (ii) a religious worker in a non-pastoral role means a person employed in the UK by the faith he is coming here to work for, whose duties include performing religious rites within the religious community, but not preaching to a congregation. Requirements for leave to enter the United Kingdom as a visiting religious worker or a religious worker in a non-pastoral role 177B. The requirements to be met by a person seeking leave to enter as a visiting religious worker or a religious worker in a non-pastoral role are that the applicant: (i) (a) if seeking leave to enter as a visiting religious worker: (i) is an established religious worker based overseas; and (ii) submits a letter(s) from a senior member or senior representative of one or more local religious communities in the UK confirming that he is invited to perform religious duties as a visiting religious worker at one or more locations in the UK and confirming the expected duration of that employment; and (iii) if he has been granted leave as a visiting religious worker in the last 12 months, is not seeking leave to enter which, when amalgamated with his previous periods of leave in this category in the last 12 months, would total more than 6 months; or Page 8 of 10 (b) if seeking leave to enter as a religious worker in a non-pastoral role: (i) has at least one year of full time training or work experience, or a period of part time training or work experience equivalent to one year full time training or work experience, accrued in the five years preceding the application in the faith with which he has employment in the UK; and (ii) can show that, at the time of his application, at least one full-time member of staff of the local religious community which the applicant is applying to join in the UK has a sufficient knowledge of English; and (iii) submits a letter from a senior member or senior representative of the local religious community which has invited him to the UK, confirming that he has been offered employment as religious worker in a non-pastoral role in that religious community, and confirming the duration of that employment; and (ii) does not intend to take employment except as a visiting religious worker or religious worker in a non-pastoral role, whichever is the basis of his application; and (iii) does not intend to undertake employment as a Minister of Religion, Missionary or Member of a Religious Order, as described in paragraphs 169-177 of these Rules; and (iv) is able to maintain and accommodate himself and any dependants without recourse to public funds, or will, with any dependants, be maintained and accommodated adequately by the religious community employing him; and (v) intends to leave the UK at the end of his leave in this category; and (vi) holds a valid entry clearance for entry in this capacity except where he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject. Leave to enter as a visiting religious worker or a religious worker in a non-pastoral role 177C. Leave to enter the United Kingdom as a visiting religious worker or a religious worker in a non-pastoral role may be granted: (a) as a visiting religious worker, for a period not exceeding 6 months; or (b) as a religious worker in a non-pastoral role, for a period not exceeding 12 months; provided the Immigration Officer is satisfied that each of the requirements of paragraph 177B is met. Refusal of leave to enter as a visiting religious worker or a religious worker in a nonpastoral role 177D. Leave to enter as a visiting religious worker or a religious worker in a non pastoral role is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 177B is met. Requirements for an extension of stay as a visiting religious worker or a religious worker in a non pastoral role 177E. The requirements to be met by a person seeking an extension of stay as a visiting religious worker or a religious worker in a non-pastoral role are that the applicant: (i) entered the United Kingdom with a valid entry clearance in this capacity or was given leave to enter as a visiting religious worker or a religious worker in a non-pastoral role; and (ii) intends to continue employment as a visiting religious worker or a religious worker in a non-pastoral role; and (iii) if seeking an extension of stay as a visiting religious worker: (a) meets the requirement of paragraph 177B(i)(a)(i) above; and Page 9 of 10 (b) submits a letter from a senior member or senior representative of one or more local religious communities in the UK confirming that he is still wanted to perform religious duties as a visiting religious worker at one or more locations in the UK and confirming the expected duration of that employment; and (c) would not, as the result of an extension of stay, be granted leave as a visiting religious worker which, when amalgamated with his previous periods of leave in this category in the last 12 months, would total more than 6 months; or (iv) if seeking an extension of stay as a religious worker in a non-pastoral role: (a) meets the requirements of paragraph 177B(i)(b)(i) and (ii); and (b) submits a letter from a senior member or senior representative of the local religious community for which he works in the UK confirming that his employment as a religious worker in a non-pastoral role in that religious community will continue, and confirming the duration of that employment; and (c) would not, as the result of an extension of stay, remain in the UK for a period of more than 24 months as a religious worker in a non-pastoral role; and (v) meets the requirements of paragraph 177B (ii) to (v); and Extension of stay as a visiting religious worker or a religious worker in a non-pastoral role 177F. An extension of stay as a visiting religious worker or a religious worker in a nonpastoral role may be granted: (a) as a visiting religious worker, for a period not exceeding 6 months; or (b) as a religious worker in a non-pastoral role, for a period not exceeding 24 months; if the Secretary of State is satisfied that each of the requirements of paragraph 177E is met. Refusal of an extension of stay as a visiting religious worker or a religious worker in a non pastoral role 177G. An extension of stay as a visiting religious worker or a religious worker in a non pastoral role is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 177E is met. Page 10 of 10