Immigration News Weekly Roundup – 1 November 2024
The October 2024 Labour budget was this week’s focal point, introducing wide-ranging fiscal measures that, whilst not directly targeting migration policies, are poised to significantly influence the landscape of international recruitment and overseas talent acquisition in the United Kingdom.
Notably, the government has maintained its budget allocation for tackling illegal migration through a newly developed security command, whilst simultaneously emphasising its commitment to reducing reliance on foreign labour through enhanced domestic skills development programmes, particularly in construction and healthcare sectors.
The budget’s ripple effects extend deeply into the education sector, where the introduction of 20% VAT on private school fees from January 2025 is expected to reshape international student demographics. This substantial change will see day private school fees potentially surge from £16,500 to £20,000 annually, with boarding fees facing an additional increase of up to £8,000 per year. Research indicates this could particularly impact Chinese families, with 60% indicating potential deterrence and 9% actively considering alternative education destinations such as the United States and Canada. This shift, coupled with recent changes to post-study work visas and university admission policies, may significantly affect the UK’s standing in the global education market.
For businesses engaged in sponsoring overseas workers, the budget introduces several crucial fiscal adjustments. Capital Gains Tax rates are set to increase, with the standard rate rising to 18% and the higher rate to 24%. Additionally, Business Asset Disposal Relief rates will see a gradual increase from 10% to 18% by April 2026. Perhaps most significantly for employers, National Insurance Contributions will rise to 15% from April 2025, though this is somewhat mitigated by an increased Employment Allowance. These changes necessitate careful consideration in recruitment strategies and salary structures for organisations employing international talent.
Despite these policy initiatives, the government faces ongoing challenges in managing illegal migration, with Channel crossings surpassing 2023’s total figures. Since Labour’s assumption of office in July, 16,336 individuals have made the perilous journey across the Channel, notwithstanding the implementation of the “smash the gangs” policy. While this initiative has led to arrests and equipment seizures, it has yet to demonstrate substantial impact on crossing numbers. The gravity of this situation was tragically highlighted this weekend when a 40-year-old man of Indian heritage suffered a fatal cardiac arrest minutes after departing French shores, as his vessel, carrying approximately 50 people, experienced deflation.
In a more positive development, the Home Office has announced significant modernisation of its refugee documentation system. From 31 October 2024, Biometric Residence Permit cards will be phased out in favour of eVisas, with newly recognised refugees receiving their UKVI account and eVisa within 14 days of approval. This transition, as outlined by Lord Hanson of Flint, represents a crucial step towards the government’s ambitious goal of establishing a ‘digital by default’ border and immigration system by 2025, though comprehensive implementation details remain forthcoming.
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For the full list of updates on media news, reports and Home Office Guidance and Policy updates, see below.
Immigration News
Man dies in detention at immigration removal centre near Gatwick airport – The Guardian
A man has died in detention at an immigration removal centre near Gatwick airport, Serco confirmed.The Gatwick Detainees Welfare Group, which supports detainees at Brook House, said “no one should take their last breath” at the centre.
For full report, click here
Budget 2024: Why governments can’t reduce immigration – SKY News
Both the Conservatives and Labour have promised to cut net migration levels. But this is something previous governments have failed to do.
To see the report analysis from SKY News on this, click here
UK launches new immigration salary list for skilled workers – Nairametrics News
The United Kingdom has introduced a new Immigration Salary List (ISL), aimed at attracting skilled professionals from around the world. This initiative replaces the previous Shortage Occupation List and is designed to create broader opportunities for individuals across various fields.
For full report, click here
Palestinian student stripped of UK visa after Gaza remarks wins human rights appeal – The Guardian
A Palestinian student who was stripped of her student visa after remarks she made about the Israel-Gaza war has won a human rights appeal against the Home Office’s decision. The Home Office failed to demonstrate that the presence of Dana Abu Qamar, 20, was “not conducive to public good” after the law student’s visa was revoked in December 2023, according to a tribunal ruling.
For full report, click here
Man dies while trying to cross Channel to UK – The Guardian
A 40-year-old man died on Sunday trying to cross the Channel from northern France to the UK. According to the prefecture in Calais, the man was of Indian heritage and had a cardiac arrest after the boat he was in with about 50 other men, women and children deflated minutes after leaving the French shore.
For full report, click here
More people have crossed Channel in small boats this year than in all of 2023 – The Guardian
Since Labour came into office in July, 16,336 people have crossed the Channel in small boats, despite the government’s policy to stop the crossings. Although there have been arrests and prosecutions of smugglers since then, along with seizures of dinghies and lifejackets, there is no indication that the “smash the gangs” policy has yet had an impact on the numbers crossing.
For full report, click here
Home Office continues to demand fees unlawfully charged for language tests – The Guardian
Thousands of people applying for visas in the UK have been unlawfully charged for language tests, the government has disclosed, but the Home Office is continuing to demand the fees because it needs the money. A company called Ecctis Ltd has been charging fees for language tests and qualification assessments to fund visa services since 2008 without any legal authority, leaving the system open to challenge in the courts. The discovery was made when the government sought to renew the company’s contract this year.
For full report, click here
Case Law
Arifuzzaman Rana v First-Tier Tribunal (Immigration & Asylum Chamber) [2024] EWCA Civ 1211
The Court of Appeal recently acknowledged major mistakes in handling a case, where they twice failed to properly process (seal) the applicant’s legal documents. These delays were serious – the first took almost two years, and when the applicant was asked to resubmit, there was another two-year delay. While the Court noted that the applicant’s lawyers had made mistakes in filing their paperwork, they decided it was only fair to grant more time given their own significant errors.
However, when it came to the actual case itself, the Court rejected the appeal entirely. They ruled that the applicant had no real chance of winning their argument that the Home Office’s 2018 decision was a refusal of their human rights claim, especially when considering previous similar cases (Robinson and Akber).
For full decision, click here
Independent Reports
An Overview of the Home Office for the new Parliament 2023-24 October 2024 – National Audit Office (NAO)
In the fiscal year 2023-24, the Home Office’s expenditure totalled £27.7 billion, whilst generating £5.8 billion in income, predominantly from visa and passport fees. Of note, £9.3 billion was allocated to immigration and asylum management, with £4.7 billion specifically spent on asylum support—including £3 billion on hotel accommodation, marking a 31% increase from the previous year. Despite public misconception suggesting otherwise, asylum spending represents merely 0.3% of total government expenditure, as highlighted in the NAO’s recent overview.
For full report, click here
Visas: Refugees Question for Home Office – UK Parliament
The Home Office has announced significant changes to its refugee documentation system, confirming that from 31 October 2024, they will cease issuing Biometric Residence Permit (BRP) cards in favour of eVisas, with newly recognised refugees receiving their UKVI account and eVisa within 14 days of approval. This transition, as explained by Lord Hanson of Flint, aligns with the Home Office’s broader initiative to establish a ‘digital by default’ border and immigration system by 2025, though complete implementation details are yet to be disclosed.
For full report, click here
Policy Updates
Caseworker Guidance Transfer of conditions has been updated on 31st October 2024. To view the full Guidance, click here
Caseworker Guidance: EU Settlement Scheme has been updated on 31st October 2024. To view the full Guidance, click here
Caseworker guidance: Travel documents – no time limit has been updated on 31st October 2024. To view the full Guidance, click here
Caseworker Guidance: Biometric information has been updated on 31st October 2024. To view the updated Guidance, click here
Caseworker Guidance: Changes to dates of birth has been updated on 31st October 2024. To view the updated Guidance, click here
Guidance: Afghan citizens resettlement scheme – Separated Families Pathway has been updated on 30th October 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsors – students has been updated on 30th October 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsors – workers has been updated on 30th October 2024. To view the updated Guidance, click here
Guidance: UK visa requirements: list for carriers has been updated on 29th October 2024. To view the updated Guidance, click here
Caseworker Guidance: Powers and operational procedure has been updated on 24th October 2024. To view the updated Guidance, click here
Caseworker Guidance: Doubtful and disputed nationality cases have been updated on 24th October 2024. To view the updated Guidance, click here
Written by Shareen Khan
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