
Immigration News Weekly Roundup – 10 January 2025
In a week of significant developments for immigration practice, advisors should note new enforcement measures against suspected smugglers, alongside revealing statistics about Channel crossings that signal important shifts in irregular migration patterns.
The Home Office has revealed that nearly 37,000 people crossed the English Channel in small boats during 2024, marking another significant year for irregular maritime arrivals. The UN has reported that 2024 was the deadliest year on record for Channel crossings, highlighting the ongoing humanitarian concerns surrounding this dangerous route.
In response, the government has announced new measures targeting suspected people smugglers. The proposed legislation will introduce “interim” Serious Crime Prevention Orders (SCPOs), enabling authorities to impose immediate restrictions including travel bans, social media blackouts, and phone restrictions while courts consider full orders.
Meanwhile, cross-channel diplomacy continues to evolve. Italian Prime Minister Giorgia Meloni has expressed alignment with British counterpart Keir Starmer on tackling irregular migration, particularly noting their shared interest in “innovative solutions” for asylum processing. Meloni specifically referenced Italy’s controversial agreement with Albania as a potential model.
A noteworthy trend has emerged in the demographic makeup of Channel arrivals, with Vietnamese nationals comprising the largest group in the first half of 2024. This presents an intriguing case study, as Vietnam boasts one of the world’s fastest-growing economies and has made remarkable strides in poverty reduction across its population of 100 million.
Analysis suggests that Vietnamese migration to the UK is driven not by conventional push factors like political persecution or extreme poverty, but rather by “relative deprivation” and strong familial networks. Despite Vietnam’s Communist government’s restrictions on political freedom, most migrants are motivated by economic aspirations and family obligations, particularly in central Vietnam, where extended families often pool resources to fund one member’s journey with the expectation of remittances and chain migration opportunities.
On the note of family joining their relatives in the UK, a very important ECHR decision of Kumari v the Netherlands (application no. 44051/20) has surfaced this week.
The ECHR established a key precedent regarding elderly parents seeking residence with adult children in Europe. A 60-year-old mother’s application to join her son in the Netherlands was rejected as she failed to demonstrate sufficient dependency.
ECHR found that neither financial support alone nor her son’s bereavement justified her residence. Importantly, the court emphasised that the mother had access to adequate medical care and support in India, including from her daughter.
The ruling notably aligns with the UK’s adult dependent relative immigration rules, particularly regarding the requirement to prove that an applicant needs long-term personal care due to age, illness or disability to perform daily tasks.
With all the developments in consideration, it is safe to anticipate that as we approach 2025 the UK immigration arena stands poised for significant transformation to its policy reforms, Rules and regulatory changes in Q1 of 2025. As such, staying prepared to deal with the challenges is more crucial than ever for immigration advisors.
Considering these significant developments in both illegal and legal migration policy, staying informed and equipped has never been more crucial for immigration practitioners. HJT’s upcoming Birmingham Immigration Law Conference 2025 offers a timely opportunity to deepen your understanding of these changes and enhance your practice.
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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
Life and death on the Bibby Stockholm: ‘No one wanted to go inside – but we had no choice – The Guardian
The asylum seekers sent to live on the Bibby Stockholm complained of the same recurring dream. As they slept in narrow bunk beds on the barge, they dreamed they were disappeared from the UK in the dead of night, the boat slipped from its moorings by the Home Office, drifting into the open sea towards Rwanda.
For full report, click here
Tory MPs contact Badenoch to raise concerns about Jenrick’s comments – The Guardian
Conservative MPs have privately raised concerns about Robert Jenrick’s comments about British Pakistanis with the party leader, Kemi Badenoch. Jenrick, the shadow justice secretary, has been accused of stoking community divisions to fuel his own leadership ambitions with his remarks about “people from alien cultures”.
For full report, click here
UK rollout of eVisas could leave non-EU migrants vulnerable – The Guardian
The Government is pressing ahead with a digital visa scheme to prove the residency rights of millions of people from outside the EU without having completed the necessary checks, campaigners are warning.
The Home Office said in response to a freedom of information request from the Observer that it had not yet completed an equality impact assessment into the rollout of eVisas, despite launching the changeover last April.
For full report, click here
About 280 contractor jobs cut after Labour ends Rwanda asylum scheme – The Guardian
Hundreds of guards employed to deport asylum seekers to Rwanda have been told their jobs are being cut, the Guardian has learned. About 280 Home Office contractors were informed that their roles were being made redundant because Labour has ditched the previous government’s controversial scheme to send asylum seekers to Rwanda.
For full report, click here
Far-right Italian PM says she is ‘in tune on many issues’ with Keir Starmer – The Guardian
Italy’s prime minister, Giorgia Meloni, has said she is “in tune on many issues” with her British counterpart, Keir Starmer, especially “the fight against mass illegal immigration” and the need to explore “innovative solutions” when it comes to processing asylum claims, touting Italy’s controversial agreement with Albania.
For full report, click here
Channel migrants: The real reason so many are fleeing Vietnam for the UK – BBC News UK
More Vietnamese attempted small-boat Channel crossings in the first half of 2024 than any other nationality. Yet they are coming from one of the world’s fastest-growing economies. Why, then, are so many risking their lives to reach Britain?
For full report, click here
Suspected people smugglers face phone and travel ban – BBC News UK
Suspected people smugglers will face travel bans, social media blackouts and phone restrictions under new laws, the government has announced. Ministers plan to introduce “interim” Serious Crime Prevention Orders (SCPOs) to place immediate restrictions on suspects’ activity while a full order is considered by the courts
For full report, click here
How many people cross the Channel in small boats and how many claim asylum? – BBC News UK
Almost 37,000 people crossed the English Channel in small boats in 2024, figures released on New Year’s Day show. Last year was the deadliest on record for people trying to make the crossing, according to a United Nations agency.
For full report, click here
Case Law
R (AYW & Anor) v Secretary of State for the Home Department [2024] EWHC 3291 (Admin).
The High Court ordered the Home Office to provide suitable accommodation for a Mexican asylum seeker and her disabled child after they were kept in inadequate hotel housing in Peckham. Despite admitting breach of statutory duties, the Home Office claimed finding appropriate accommodation was impossible.
The court rejected this, mandating wheelchair-accessible housing be provided in Southeast London by February 2025, marking a significant precedent for vulnerable asylum seekers in unsuitable accommodation.
For full decision, click here
Kumari v the Netherlands (application no. 44051/20)
The European Court rejected an elderly Indian mother’s bid to join her son in the Netherlands, ruling that she hadn’t proven sufficient dependency for residence. Despite her son’s bereavement and her health concerns, the court found she had adequate support in India. The judgment mirrors UK immigration rules requiring proof that adult dependants need long-term personal care.
For full decision, click here
Martinez Alvarado v the Netherlands (application no. 4470/21)
The European Court ruled in favour of a mentally disabled Peruvian man’s right to stay with his sisters in the Netherlands, finding that ‘exclusive dependency’ isn’t required to establish family life. The decision challenged the Dutch authorities’ view that he could receive care in Peru, marking a significant interpretation of Article 8 rights for vulnerable adult dependants.
For full decision, click here
Home Office Guidance and Documents Policy Updates
Guidance: Licensing authority guide to right to work checks has been updated on 08th January 2025. To view the updated Guidance, click here
Guidance: Register of licensed sponsors: workers has been updated on 08th January 2025. To view the updated Guidance, click here
Guidance: Register of licensed sponsors: students has been updated on 08th January 2025. To view the updated Guidance, click here
Guidance: Iraq: tuberculosis test clinics for a UK visa has been updated on 07th January 2025. To view the updated Guidance, click here
Overview: Get your visa, immigration or citizenship documents back has been uploaded. To view overview, click here
Overview: Visas and immigration Service and Support Centres has been uploaded. To view overview, click here
Overview: Indefinite leave to remain if you have a Skilled Worker, Health and Care Worker, T2 or Tier 2 visa has been uploaded. To view overview, click here
Written by Shareen Khan