Immigration News Weekly Roundup – 10 October 2025
This week saw major changes in UK immigration, with new settlement proposals and court decisions impacting refugee children and administrative processes. These highlight shifting policies and the importance of procedural rights for immigration advisors.
The political debate around immigration has intensified considerably. Conservative Party leader Kemi Badenoch in her conference speech announced that a future Conservative Government would commit to leaving the European Convention on Human Rights, describing this as a necessary step toward regaining border control. The proposal forms part of a broader package that includes ending legal aid in immigration and asylum cases, removing rights to tribunal appeals and judicial review, and establishing a new “removals force.” Modeled on US Immigration and Customs Enforcement with a target of deporting 150,000 people annually. Badenoch made clear that leaving the ECHR would be only the beginning, stating that if other treaties and laws need revising or abandoning, the party would do so. This opens the possibility of withdrawal from the 1951 UN Refugee Convention, though she acknowledged particular challenges regarding Northern Ireland, where the ECHR is embedded in the Good Friday Agreement.
The shadow Home Secretary Chris Philp announced plans to deport foreign nationals who express racial hatred or support extremism or terrorism, though it remains unclear whether this would require criminal conviction. The proposals represent a hardline approach to immigration that has drawn criticism as pandering to Reform UK, particularly from healthcare and social care sectors that depend heavily on overseas workers.
The impact on essential services has become a flashpoint of controversy. The Royal College of Nursing issued a stark warning that health and social care services would cease to function under the Government’s proposed new visa rules. Professor Nicola Ranger, the RCN’s general secretary, described Labour’s immigration proposals as “ignorant” and “pandering” to Reform UK, noting that while other countries offer immediate paths to settlement for nurses, the UK is moving in the opposite direction. More than 800 NHS workers signed a letter coordinated by Praxis and Medact condemning the proposals as “harmful, divisive and xenophobic,” warning that the already strained NHS would crumble under the pressure of potential staff exodus.
The Labour Government’s proposals, outlined by Home Secretary Shabana Mahmood at the party conference, would double the waiting period for overseas workers to apply for indefinite leave to remain from five to ten years. During this extended period, workers would be denied access to any benefits including tax-free childcare, disability living allowance, or housing support. They would also be required to volunteer in their communities and pass additional tests to gain citizenship. About one in five NHS staff in England are not British, and research from the IPPR thinktank estimates that 1.5 million children in families with migrant parents already live in poverty, accounting for more than a third of the total despite making up a fraction of the population. A social worker who spoke anonymously predicted that a quarter to half of his team would likely leave the UK if these measures were implemented.
On the international front, Prime Minister Sir Keir Starmer led the UK’s largest trade mission to India but clarified that more visas for skilled Indian workers were not planned. The July trade deal did not alter core visa policies, though it allows 1,800 additional visas each year for roles like chefs and musicians, and waives national insurance for some relocated Indian staff. India remains the top source of UK work visas, but rights for post-study work or pathways to permanent residency were excluded from the agreement.
Amid these policy debates, the Court of Appeal delivered a significant judgment protecting the rights of child refugees in the case of DM v Secretary of State for the Home Department. The Court ruled that the Home Secretary’s policy on family reunion for child refugees breaches section 55 of the Borders, Citizenship and Immigration Act 2009, which requires the Secretary of State to have regard to the need to safeguard and promote the welfare of children. The current policy creates an anomaly whereby adult refugees can automatically sponsor their spouses and minor children to join them in the UK, but child refugees must meet an “unjustifiably harsh consequences” test to reunite with their parents and siblings.
The Court determined that when section 55 became operative in 2009, the Secretary of State did not carry out the required assessment to consider whether her existing policy considered the best interests of children. This obligation has not yet been met. The Court also dismissed claims that the policy was discriminatory or irrational, stating that the government’s concerns regarding families sending “anchor children” on dangerous journeys provided a rational explanation for the different treatment of adult and child refugees. However, the procedural error requires correction. The Secretary of State must now reassess her policy with appropriate consideration for children’s best interests, as mandated by section 55.
The Court of Appeal also delivered an important judgment on administrative procedure in Dhandapani v SSHD, which has significant implications for how immigration decisions are served and when time limits for challenging decisions begin to run. The case concerned whether an email cancelling immigration leave to remain was properly served on the appellant. The Court ruled that sending an email to a provided email address creates only a rebuttable presumption of service, not conclusive proof. The appellant had provided sufficient evidence to rebut this presumption, including his solicitor’s letter requesting service of a curtailment notice, his rational explanation for why he would not have failed to act if he had received it, and crucially the absence of any delivery receipt record.
The Court ruled that “giving notice” requires proof of receipt, not just sending, and time limits for judicial review start upon actual receipt. The case was sent back to determine if the email was received. This decision protects clients who may not get decision notices, especially as the Home Office relies more on email. Immigration advisors should keep thorough records and be ready to challenge service when clients plausibly deny receiving notices. The judgment also places the burden on the Home Office to prove delivery if receipt is disputed.
With the tightening of immigration regulations and political discourse indicating potential additional restrictions, it is essential for practitioners to receive thorough training to address growing complexities while maintaining the highest standards of professionalism.
HJT’s upcoming courses provide the much-needed updates and preparation at this critical juncture:
Join Antonia Randall-Brandwood on 13th October for Essential Immigration Law Practice Skills, covering advocacy techniques and file management. For more information, visit here
Our annual Judicial Review Conference on 28th November features leading counsels that include David Chirico KC, Stephanie Harrison KC, Priya Solanki, Timothy Baldwin, Mark Symes and David Jones examining 2025’s key developments. For more information, visit here
Mark Symes and Adam Pipe conclude the year on 16th December with a complete Review of the Year analysing changes across rules and case law. For more information, visit here
We also offer IAAS and IAA accreditation training, visit here
For assistance with bookings or enquiries, email us on enquiries@hjt-training.co.uk or call 07544164692.
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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
John Tuckett to step down as Immigration Services Commissioner – UKVI News
The Government is in the process of recruiting a new Immigration Services Commissioner, which will be confirmed shortly. While this recruitment process concludes, immigration advice will continue to be provided by registered organisations and advisers regulated by the Immigration Advice Authority (IAA). For full report, click here
NHS could cease to function under Labour’s new visa rules, say nurses – The Guardian
The NHS and social care would cease to function under the Government’s new rules to be imposed on foreign staff, nursing leaders have said, as hundreds of medics condemned the policy as “divisive and xenophobic”. In the most explicit attack yet on Labour’s proposed restrictions on overseas workers, the Royal College of Nursing (RCN) described the plan as “ignorant” and “pandering” to Nigel Farage’s Reform UK. For full report, click here
Tories say people denied benefits in UK can return to home countries – The Guardian
Overseas nationals denied benefits under a Conservative plan to limit social security to UK citizens would have the option to return to their own countries, the shadow chancellor, Mel Stride, has said. Under the proposals, benefits would be denied to any overseas nationals, including those with indefinite leave to remain, even if they have lived in the UK and paid taxes for decades. For full report, click here
Home Office grants extra visas for UCL international students told to defer – The Guardian
Hundreds of international students will be able to take up their promised places after negotiations between the Home Office and University College London ended with the Government granting extra visas. Hundreds of students, many from China, had been left in limbo after UCL underestimated the demand for places this year and exceeded its allocation of confirmation of acceptance for studies (CAS) electronic documents allowed by the Home Office. For full report, click here
Badenoch says Tories open to quitting more treaties to increase deportations – The Guardia
A future Tory Government would be open to dismantling more treaties as a means to deport people from the UK, Kemi Badenoch has said at the start of a Conservative party conference focused almost exclusively on immigration policy. For full report, click here
Conservatives would take UK out of ECHR, Badenoch confirms – The Guardian
Kemi Badenoch has announced that a Conservative Government under her leadership would pull the UK out of the European convention on Human Rights. The move marks a lurch to the right for the Tories, who are attempting to stem a loss of support to Nigel Farage’s Reform UK. Farage has long been a critic of the ECHR and has pledged to leave it if he becomes prime minister. For full report, click here
Tory chair accepted £2k hospitality from developer of HMOs for asylum seekers – The Guardian
The Conservative party chair, Kevin Hollinrake, accepted thousands of pounds worth of hospitality from a company that converts family homes into houses in multiple occupation (HMOs) for asylum seekers, official records show. According to the MPs’ register of interests, Living Redefined covered £2,000 worth of flights, hotel accommodation and dinner for Hollinrake and a family member to attend a property conference in the south of France earlier this year. For full report, click here
Inside the unlicensed HMOs housing migrant workers – BBC News
Over the past 10 years the local authority has secured 325 criminal prosecutions, or financial penalties of up to £30,000, for each offence relating to poor quality housing. But it doesn’t stop some landlords from squeezing as many tenants as possible into properties not built to accommodate them. For full report, click here
UK won’t relax visa rules for India, Starmer says – BBC News
Sir Keir Starmer has said the UK will not relax visa rules for India, speaking before he arrived in the country to tout the benefits of a recent trade agreement. For full report, click here
Case Law
DM v Secretary of State [2025] EWCA Civ 1273
The Court of Appeal ruled that the Home Secretary unlawfully failed to consider children’s best interests when maintaining her policy on family reunion for child refugees. Child refugees face stricter requirements than adults to reunite with family members. The Secretary of State must now reconsider the policy, though the Court found the policy itself was not discriminatory or irrational. For full decision, click here
Dhandapani v SSHD [2025] EWCA Civ 1244
The Court of Appeal held that sending an email cancelling immigration leave creates a rebuttable presumption of service, but the appellant provided sufficient evidence (including his solicitor requesting the curtailment notice and absence of a delivery receipt record) to meet the threshold for judicial review. Crucially, the Court ruled that time for judicial review runs from when notice is actually given/received, not from the internal decision date. The case was remitted for fact-finding on whether the email was actually received. For full decision, click here
BLV, R (on the application of) v The Secretary of State for the Home Department [2025] EWHC 2516 (Admin)
The High Court case saw a deaf, visually impaired asylum seeker challenge his Enfield accommodation and lack of WiFi. The Court found his flat met the basic legal standard, and the Home Office acted reasonably in requiring more evidence before providing extra internet support. The judgment clarifies that asylum support is to prevent destitution and fulfil essential needs, but the Equality Act requires consideration of additional costs for disabled asylum seekers if supported by evidence. For full decision, click here
Home Office Guidance and Documents Policy Updates
Collection: UKVI support videos has been updated on 08th October 2025. To view the updated Collection, click here
Promotional material: How to apply for a visa or permission to come to the UK: video has been published on 08th October 2025. To view the Promotional material, click here
Guidance: Iran: country policy and information notes has been updated on 08th October 2025. To view the updated Guidance, click here
Guidance: Register of licensed sponsors: workers has been updated on 08th October 2025. To view the updated Guidance, click here
Guidance: Register of licensed sponsors: students has been updated on 08th October 2025. To view the updated Guidance, click here
Guidance: Offender management: caseworker has been updated on 07th October 2025. To view the updated Guidance, click here
Guidance: Albania: country policy and information notes has been updated on 03rd October 2025. To view the updated Guidance, click here
Guidance: India: country policy and information notes has been updated on 03rd October 2025. To view the updated Guidance, click here
Written by Shareen Khan – Legal Content Writer, HJT Training
STAY TUNED FOR MORE IMMIGRATION NEWS NEXT WEEK!
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Immigration advisors should consult the full decisions and official policy documents when advising clients on specific cases.
