Immigration News Weekly Roundup – 12 July 2024

Immigration News Weekly Roundup – 12 July 2024

A new Government, fresh leadership and announcements on several new Rules.

The new Government under Prime Minister Sir Keir Starmer wasted no time in addressing the controversial Rwanda deportation scheme. On his first full day in office, the Prime Minister confirmed that the scheme is “dead and buried”. This week, the High Court also effectively waived off the Conservatives’ plan to send asylum seekers to Rwanda after the cases of three claimants were finally disposed.

Home Secretary Yvette Cooper has further clarified that no removals to Rwanda under the Migration and Economic Development Partnership are scheduled or intended to be scheduled. The two remaining migrants who are detained and waiting to be sent to Rwanda will be bailed in the coming days. Taxpayers’ money spent on executing this scheme will now be redirected to more resourceful sectors where it is needed most. Rwanda, on the other hand, maintains that it does not have to repay the hundreds of millions of pounds it received from Britain as part of this contentious policy.

While the new Labour government has scrapped the Rwanda deportation scheme, it remains committed to reducing net migration. One of the significant changes on the horizon could be the tightening of immigration policies, with increased border checks and higher eligibility requirements for foreigners wishing to move to the UK. Immigration was a key issue during the 2024 general election, with both major parties promising to cut net migration levels.

To this end, Labour has already pledged to curb small boat crossings of the Channel by launching a new border security command, which is expected to take shape in the coming days as Home Secretary Yvette Cooper appoints its commander.

Additionally, a Border Security Bill will feature in Prime Minister Starmer’s first King’s Speech, a set-piece parliamentary moment pencilled in for 17 July when the PM sets out his legislative programme for the coming year. This Bill will give authorities new counterterrorism powers to tackle organised crime and people-smuggling.

In a strong rebuke of the previous government’s policies, over 300 civil society organisations and 534 individuals working with migrants have written to Prime Minister Keir Starmer with a blueprint for reforming the UK’s asylum system. The letter asserts that the existing policy is “fundamentally broken” and outlines a series of key demands.

Firstly, the signatories call for the restoration of the right to seek asylum in the UK, in line with international law, by repealing the Illegal Migration Act and the Nationality and Borders Act. They also urge the government to open safe routes for people seeking asylum to reach the UK, including providing visa routes, enabling family reunification, and rebuilding refugee resettlement. Additionally, the letter demands that people seeking asylum be housed in communities rather than camps, and that all institutional accommodation, including barracks, barges, hotels, and hostels, be closed down, as these cause unnecessary lasting harm at a significant cost to the taxpayer. Finally, the signatories request the restoration of the right to work for people seeking asylum within six months of arrival, allowing them to rebuild their lives with dignity and contribute £1.2 billion to the UK economy.

Overall, in the coming time we can anticipate the potential tightening of immigration policies, with the prospect of increased border checks and higher eligibility requirements for foreigners wishing to relocate to the UK. 

Yet again, immigration advisors should ensure they are well-prepared for the upcoming revisions to immigration law. To this end, HJT remains steadfast in its commitment to supporting the immigration practitioner community through its ‘Mastering Immigration Law’ subscription service. This comprehensive resource aims to provide timely, in-depth coverage of all the important changes unfolding, ensuring the community stays fully updated and informed.

The latest edition, authored by lead editor Mark Symes, offers detailed explanations of the new rules, worked examples, and practical guidance. This enables advisors not only to stay abreast of the changes, but also to develop a thorough understanding of the regulations. Consequently, subscribers will be better equipped to provide the best possible representation for their clients.

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For the full list of updates on media news, reports and Home Office Policy and other document updates, see below.

 Immigration News

‘Dead and buried’ Rwanda asylum scheme claims disposed of by High Court – Law Gazette

The High Court today effectively killed off the Conservatives’ plan to send asylum seekers to Rwanda after the cases of three claimants were finally disposed of.

The ruling follows prime minister Keir Starmer’s announcement that the Rwanda scheme was ‘dead and buried before it started’ adding: ‘I’m not prepared to continue with gimmicks that don’t act as a deterrent.’ Home secretary Yvette Cooper has also confirmed that no removals to Rwanda under the Migration and Economic Development Partnership are scheduled or intended to be scheduled.

The ongoing legal battle on the Rwanda scheme was listed for a four-day hearing in the Royal Courts of Justice before Dame Victoria Sharp, Mr Justice Chamberlain and Mr Justice Dove.

For full report, click here

6 things UK Prime Minister Keir Starmer wants to fix in his first month – POLITICO

Labour has already pledged to curb small boats crossing the Channel by launching a new border security command, which is expected to take shape in the coming days as Home Secretary Yvette Cooper appoints its commander.

A Border Security Bill will feature in Starmer’s first King’s Speech, a set-piece parliamentary moment pencilled in for July 17 when the PM sets out his legislative program for the coming year. The bill will give authorities new counterterrorism powers to tackle organised crime and people-smuggling.

For full report, click here

Syrian asylum seeker in UK says he ‘lost everything’ after Rwanda roundup – The Guardian

A Syrian asylum seeker who was one of 220 people arrested and detained in preparation for forced removal to Rwanda says he has lost everything after his release.

Critics described the high-profile mass roundups before the local elections in May as a “stunt” that needlessly disrupted the lives of many.

For full report, Click here

Home Office U-turn grants Wirral ‘legend’ right to live in UK after 46 years – The Guardian

A retired newsagent and “local legend” from Merseyside has said he feels marvellous after a Home Office U-turn granted him the right to live in the UK almost 50 years after he arrived.

Nelson Shardey, 75, launched legal action against the Home Office and fundraised almost £50,000 earlier this year after he was refused the right to stay in the UK permanently, despite living in the country since 1977 and running his shop, Nelson’s News, in Wirral for 31 years.

For full report, click here

US blocks UK from holding court hearing in British territory Diego Garcia – The Guardian

The US government has blocked the UK from holding a court hearing in one of its own territories, it emerged on Tuesday.

The hearing was due to take place on the remote island of Diego Garcia in the Indian Ocean to consider the fate of dozens of Tamil asylum seekers stranded there for more than 1,000 days who claim they are being unlawfully detained.

For full report. Click here

Conditions at UK immigration removal centre ‘worst inspectors have seen – The Guardian

The prisons watchdog has described “truly shocking” conditions in an immigration removal centre close to Heathrow airport as the worst its inspectors had ever seen.

His Majesty’s Inspectorate of Prisons has published a damning report on conditions at Harmondsworth, a 658-bed centre, the largest of its kind in Europe.

For full report, click here

Human rights groups give Starmer blueprint for asylum overhaul – The Guardian

Hundreds of refugee and human rights organisations have written to Keir Starmer with a blueprint for asylum policy which urges him to change course from the policies of the previous government.

The letter, which includes signatories from 300 civil society organisations along with 534 individuals working with migrants, says the existing policy is “fundamentally broken”.

For full report, click here

Children’s watchdog to investigate young asylum seekers’ treatment at Manston – The Guardian

The children’s commissioner for England is due to visit Manston, the Home Office centre in Kent where small boat arrivals are processed, after concerns were raised about the treatment of children there, the Guardian has learned.

For full report, click here

Robert Jenrick says Tories lost voters’ trust and fails to rule out leadership bid – The Guardian

The Conservatives “failed to deliver” on their promises and lost the trust of voters, said the former cabinet minister Robert Jenrick, who did not rule out running for the leadership of his party.

Two other potential leadership candidates – Victoria Atkins and Suella Braverman – said on Sunday it was not the time to declare their intentions but that a postmortem was now needed in the party.

For full report, click here

Civil servants obliged to carry out Tory Rwanda deportations, court rules – The Guardian

Guidance drawn up by Conservative ministers which told civil servants to ignore Strasbourg rulings and remove asylum seekers to Rwanda is lawful, the high court has ruled.

The FDA trade union, which represents senior civil servants, brought legal action claiming senior Home Office staff could be in breach of international law if they implement the government’s Rwanda deportation bill.

For full report, click here

Rwanda Says It Doesn’t Have to Repay U.K. for Scrapped Migration Plan – The New York Times

Rwanda does not have to repay the hundreds of millions of pounds it received from Britain as part of a contentious policy aimed at sending migrants on a one-way flight to the Central African nation, two senior Rwandan government officials say.

As part of the deal, Britain was set to give Rwanda as much as about half a billion pounds in development funding in exchange for taking in the migrants. Britain’s independent public spending watchdog said in early March that the country had already paid Rwanda £220 million, about $280 million, even though no asylum seekers had been deported to the African nation.

For full report, click here 

Keir Starmer’s UK election win: What it means for Indian immigrants – Business Standard News

Changes in immigration policy could significantly impact Indian nationals, who form a large proportion of non-EU workers in the UK. Stricter controls might limit opportunities for Indians to move to the UK for work. However, it is important to recognise the gap in the domestic workforce. Vandana Mahajan, Founder and Director of Futures Abroad explains, “It will take time to train local workers to fill positions currently held by migrants.”

For full report, Click here

UK hopes to recoup cash from scrapped Rwanda scheme – BBC News UK

The government will be looking carefully at what money can and cannot be recouped after it scrapped the Rwanda deportation scheme, Downing Street has said.

A No 10 spokesperson said any savings would be redirected to a new Border Security Command to tackle small boat crossings.

For full report, click here

Last two migrants bound for Rwanda to be bailed, home secretary says – BBC News UK

The two last remaining migrants who are detained and waiting to be sent to Rwanda will be bailed in the coming days, the government has said.

The home secretary’s spokesperson also revealed that a further 218 migrants were released on bail from detention centres by the previous government during the election campaign.

For full report, click here

Starmer confirms Rwanda deportation plan ‘dead’ – BBC News UK

Sir Keir Starmer has confirmed the Rwanda deportation scheme is “dead and buried”, on his first full day as prime minister.

The Labour leader said he would end the “gimmick” of deporting migrants arriving in the UK illegally to Rwanda, which was established by the previous Conservative government.

For full report, click here

 Case Law

Vasa v The Secretary of State for the Home Department [2024] EWCA Civ 777 (10 July 2024)

This case concerns two individuals, Mr Vasa and Mr Hasanaj, who were allowed to enter the United Kingdom after immigration officers stamped their passports with the words “Admitted to the United Kingdom under the Immigration (EEA) Regulations 2016.”

The key issue was whether this stamp constituted “facilitation of residence” under Article 10(2) of the Withdrawal Agreement, which would entitle them to apply for pre-settled status under the EU Settlement Scheme.

The Court of Appeal found that the immigration officers’ decisions to admit Mr Vasa and Mr Hasanaj did amount to facilitation of their residence in the UK, and that the refusal to grant them pre-settled status under the EU Settlement Scheme involved a breach of their rights under the Withdrawal Agreement. The Court rejected the Secretary of State’s arguments that the immigration officers had acted unlawfully or mistakenly in admitting the individuals and held that the stamps in their passports were sufficient evidence of the decisions to facilitate their residence.

For full decision, visit here

 Home Office Guidance & Document Policy Updates

Guidance: Miscellaneous CAS functions: SMS manual 6 has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Reporting student activity SMS manual 5 has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Miscellaneous certificate of sponsorship functions SMS manual 10 has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Pakistan country policy and information notes has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Manage your sponsorship license: SMS manual 2 has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Skilled Worker visa eligible salary if you’re under 26, studying, training or in a postdoctoral role has been updated on 10th July 2024. To view the updated Guidance click here

Guidance: Global Business Mobility going rates for eligible occupations has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Skilled Worker visa going rates for eligible occupations has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Skilled Worker visa jobs that qualify for a PhD salary discount has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Introduction to the sponsorship management system SMS manual 1 has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Defined certificate of sponsorship SMS manual 12 has been updated on 10th July 2024. To view the updated Guidance, click here

Form: Extend your stay in the UK as a child of a non-parent relative with protection status in the UK FLR(P) has been updated on 10th July 2024. To view the updated Form, click here

Policy paper: Afghanistan resettlement and immigration policy statement has been updated on 10th July 2024. To view the updated Policy Paper, click here

Guidance: Kenya country policy and information notes has been updated on 10th July 2024. To view  the  updated  Guidance, click here

Guidance: Somalia country policy and information notes has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Register of licensed sponsors workers has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Register of licensed sponsors students has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Bangladesh country policy and information notes has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Youth Mobility Scheme visa ballot system has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Creating and assigning CAS: SMS manual 4 has been updated on 10th July 2024. To view the updated Guidance, click here

Guidance: Long residence caseworker guidance has been updated on 09th July 2024. To view the updated Guidance, click here

Guidance: Continuous residence caseworker guidance has been updated on 09th July 2024. To view updated Guidance, click here

Guidance: Creating and assigning a CoS SMS manual 8 has been updated on 09th July 2024. To view updated Guidance, click here

Guidance: Visa processing times applications outside the UK  has been updated on 09th July 2024. To view updated Guidance, click here

Guidance: Visa processing times applications inside the UK has been updated on 09th July 2024. To view updated Guidance, click here

Guidance: Bulk data transfer of CAS SMS manual 7 has been updated on 09th July 2024. To view updated Guidance, click here

Guidance: Ghana country policy and information notes has been updated on 09th July 2024. To view updated  Guidance, click here

Guidance: Unaccompanied asylum seeking children and leaving care funding instructions has been updated on 09th July 2024. To view updated Guidance, click here

Guidance: Albania country policy and information notes has been updated on 09th July 2024. To view updated Guidance, click here

Form: Windrush Compensation Scheme claim form has been updated on 09th July 2024. To view updated Form, click here

Guidance: Knowledge of language and life in the UK caseworker has been updated on 09th July 2024. To view updated  Guidance, click here

Guidance: Windrush Compensation Scheme caseworker has been updated on 09th July 2024. To view updated Guidance, click here

Guidance: Travel documents – no time limit: caseworker has been updated on 09th July 2024. To view updated Guidance, click here

Guidance: India Young Professionals Scheme visa ballot system has been updated on 09th July 2024. To view updated Guidance, click here

Transparency data: Visa fees transparency data has been updated on 08th July 2024. To view updated Transparency data, click here

Policy paper: UK visa fees has been updated on 08th July 2024. To view updated policy paper, click here

Guidance: Endorsing bodies Innovator Founder and Scale-up visas. Has been updated on 08th July 2024. To view updated Guidance, click here

Guidance: Relationship with a partner caseworker has been updated on 05th July 2024. To view updated Guidance, click here

Guidance: Indonesia tuberculosis test clinics for a UK visa has been updated on 05th July 2024. To view updated Guidance, click here

Guidance: Germany tuberculosis test clinic for a UK visa has been updated on 05th July 2024. To view updated Guidance, click here

 

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