
Immigration News Weekly Roundup – 15 March 2024
This week witnessed the implementation of reforms aimed at tightening immigration policies. Care workers are now prohibited from bringing family members as dependents, while care providers must register if they intend to sponsor migrant workers.
In a further effort to further curb migration, Home Secretary James Cleverly has directed the Migration Advisory Committee to conduct an expedited review of the graduate route visa. While acknowledging the visa’s role in attracting talented international students to contribute to the UK economy post-study, the Home Secretary seeks to ensure that the program is not being exploited.
The Government’s resolute stance on removing vulnerable migrants to Rwanda remains unshaken. Reports have emerged of a proposed scheme, formulated as part of a deal with Rwanda, to offer failed asylum seekers up to £3,000 to relocate to the African nation voluntarily. According to the Government, this initiative aims to alleviate the backlog of tens of thousands of asylum seekers who have been denied the right to remain in the UK but cannot be returned to countries deemed unsafe.
The UK’s immigration landscape witnessed significant developments this week, as two crucial court rulings reshaped the post-Brexit legal landscape.
In the first case, Akinsanya & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 469 (Admin), the Appellants, who previously had the right to reside in the UK under the Zambrano case prior to Brexit, challenged the Home Office’s decision that they were ineligible for settlement under the post-Brexit Appendix EU Immigration Rules. However, the Court of Appeal ruled that a Zambrano right to reside does not apply when an individual already has leave to remain, upholding the Home Office’s revised definition in Appendix EU aligning with this interpretation.
The other case of Roehrig, R (On the Application Of) v Secretary of State for the Home Department [2024] EWCA Civ 240 Appellant was born to a French mother, was denied a British passport because his mother, an EU national exercising treaty rights in the UK, was not considered settled under Home Office policy since she had not obtained indefinite leave to remain. The Appeal was dismissed by the Court of Appeal.
These rulings have effectively reshaped the post-Brexit immigration landscape, providing clarity on the application of the Zambrano right and reinforcing the government’s position on the need for individuals to navigate the regular immigration channels to obtain settled status in the UK.
In a significant development to family visa reforms, the House of Commons has published an updated report highlighting a substantial increase in the financial requirements for family visas. The updated research briefing from the House of Commons Library delves into the rationale behind the introduction of the minimum income requirement, the methodology used to determine the threshold, and the various means by which sponsors can fulfil this financial obligation.
The briefing outlines the criticisms surrounding this policy, section 4 specifically addresses the forthcoming increase, shedding light on the reasons behind the significant surge in the income threshold.
Moreover, the Immigration Rules part 8: family members has been updated on March 11, 2024, reflecting the changes in financial requirements.
In addition to the family visa updates, the Home Office has published numerous revisions to its guidance documents, including updates to the Appendices for the Shortage Occupation List, Skilled Occupations, and Skilled Workers.
In response to the rapidly evolving immigration landscape, HJT is proactively offering a series of live online courses to equip professionals with the knowledge and insights necessary to navigate the latest changes effectively.
These courses cover a wide range of topics, including expert insights into the European Union Settlement Scheme (EUSS) post-Brexit immigration framework for EU nationals in the UK, guidance on navigating the complexities of sponsoring family members for visas with the recent updates to financial requirements and other regulations, and the latest developments in skilled worker and global mobility visa categories to help businesses attract and retain top talent from around the world. For more information on the live sessions, visit here
For enquiries, contact us enquiries@hjt-training.co.uk or call 075441 64692.
Full list of updates on media news, reported case law and Home Office Policy and other document updates, as reported below.
IMMIGRATION NEWS
New laws to cut migration and tackle care worker visa abuse – UKVI
Reforms to restrict care workers from bringing family members are now in force, while care providers are required to register if they are sponsoring migrants.
Care workers will now be restricted from bringing dependants, after a disproportionate 120,000 dependants accompanied 100,000 workers on the route last year.
For full report, click here
UK plans to pay asylum seekers to move to Rwanda – Al Jazeera
The United Kingdom’s government is considering plans to pay asylum seekers whose applications have failed up to 3,000 British pounds ($3,840) to move to Rwanda.
The proposed scheme, part of a deal struck with Rwanda, was drawn up by ministers with the aim of clearing a backlog of tens of thousands of asylum seekers who have been refused the right to stay but cannot be returned to countries deemed unsafe.
For full report, click here
Home secretary orders graduate visa review – Research Professional News
Home secretary James Cleverly has ordered the Migration Advisory Committee to conduct a “rapid review” of the graduate route visa. In a letter dated 11 March, Cleverly says that UK universities’ reputation for quality could “easily be put at risk if evidence emerges of immigration abuse or visa exploitation which are not tackled”.
The graduate route visa permits students to remain in the UK for two years after graduation, or three years if they complete a PhD. Cleverly announced in December that there would be a review of post-study work visas as part of the government’s plans to reduce immigration.
In his letter, the home secretary says that while the graduate route has helped to attract “bright international students to the UK and to work in our economy post-study”, he wants to ensure that it is not being abused.
For full report, click here.
What’s it like to be a refugee in the UK without internet access? Mostly impossible – and often unbearable – Opinion by Joel Mordi, Guardian.
“I arrived just months before the first Covid lockdown and was unaware how much life was about to change for me. I was taken to a detention centre where my phone was confiscated. For five days, I was held there without any meaningful contact with the outside world. I was bullied and sexually assaulted by other detainees. The Home Office gave me a dumb phone to make calls and texts. But I couldn’t access the internet with it – I was completely isolated.”
To read the full article, click here
Rape and sexual harassment reported by foreign care workers across UK – The Guardian
A foreign care worker says she was repeatedly raped by her manager but felt unable to report him to the police for fear of losing her right to work, in a case that exposes the way the UK’s visa system for health and care workers leaves people completely dependent on their employer.
The case is one of more than 170 examples of abuse and exploitation reported by foreign care workers across the UK in an investigation by the Bureau of Investigative Journalism (TBIJ) and Citizens Advice.
For full report, click here
Faulty £71m Home Office IT system causes immigration errors and leaves staff ‘sobbing’ – iNews
A faulty Home Office IT system costing tens of millions of pounds has left NHS staff unable to start work, slowed down operations against illegal immigrants, and kept children waiting for as long as 21 months for British Citizenship.
The Atlas system has cost at least £71m so far, with spending on the project still rising. The system was supposed to “automate” asylum, citizenship and visa applications.
Instead it has led to serious delays and errors because of a series of bizarre glitches, some of them seen as “critical incidents”. Home Office staff have been left “sobbing” and have seen data supposed to be on Atlas “evaporate into thin air”.
For full report, click here
Civil servants threaten ministers with legal action over Rwanda bill – The Guardian
Civil servants have threatened ministers with legal action over concerns that senior Home Office staff could be in breach of international law if they implement the government’s Rwanda deportation bill.
The FDA union, which represents senior civil servants, have warned they could also be in violation of the civil service code – and open to possible prosecution – if they followed a minister’s demands to ignore an urgent injunction from Strasbourg banning a deportation.
It has sent a pre-action legal letter to James Cleverly, the home secretary, calling for clarity – with a request to either amend the legislation or change the code.
For full report, click here.
Home Office food provision leaving some asylum seekers malnourished – The Guardian
Food provided to asylum seekers by Home Office contractors is of such poor quality that some people are ending up malnourished in hospital, a report has found.
The paper found that it was difficult or impossible to meet nutritional needs and some people ended up in hospital with nutrition-related conditions. Cases of malnutrition among children and diabetes among adults were identified.
Food poisoning, weight loss and diabetes were problems and there were reports of children “crying with hunger”. Some children lost significant amounts of weight and were not meeting their developmental milestones.
For full report, click here.
Home Office admits it does not tell families when asylum seekers die in its care – The Guardian
The Home Office has revealed it does not routinely inform family members when asylum seekers die in its care and does not want to supply details of these deaths publicly in case it upsets them and “endangers their mental health”.
The disclosure comes at a time when there have been 176 deaths from all causes since 2020 and a doubling in the number of suicides over this period with at least 23 people taking their lives.
In 2022, 46 people died in Home Office accommodation, more than double the 19 who died in 2021. NGOs have recently warned that asylum seekers are at particularly high risk of suicide in part due to Home Office policies such as the introduction of mass accommodation sites such as Wethersfield in Essex and the Bibby Stockholm barge in Portland, Dorset.
The Home Office has confirmed it is making less information about these deaths available than it did previously.
For full report, click here.
Care firm has overseas worker licence revoked by Home Office – BBC News
A care company has had its licence to sponsor workers from abroad revoked by the Home Office amid an investigation into claims it was breaching migrant worker rules.
Support Services First Choice Limited is being investigated by the UK government, which says it will not tolerate what it calls “illegal activity in the labour market”.
The Hawick-based firm provides healthcare workers who support people living in their own homes across the Borders region.
But its international sponsorship licence, which allows it to use relaxed immigration rules to fill vacancies, has been suspended after concerns were raised over how staff were treated.
For full report, click here
CASE LAW
Roehrig, R (On the Application Of) v Secretary of State for the Home Department [2024] EWCA Civ 240
The Appellant was born in the UK on 20 October 2000 to a French mother exercising Treaty Rights since 1995, applied for a British passport but was refused as per Home Office policy which did not treat his mother as settled since she had not applied for indefinite leave to remain, though she was likely eligible. Roehrig argued the pre-2000 policy treating EU nationals as settled should have applied since they were not subject to immigration restrictions.
The High Court disagreed, considering European law placed restrictions on EU nationals’ right to live lawfully in the UK contingent on exercising Treaty Rights for an unspecified period rather than being free of restrictions.
Roehrig’s appeal against the decision dismissing judicial review of his refused British passport application was ultimately dismissed by the Court of Appeal.
For full decision, click here
Akinsanya & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 469 (Admin)
The Appellants, who previously had the right to reside in the UK under the EU law Ruiz Zambrano case prior to Brexit, challenged the Home Office’s decision that they were ineligible for settlement under the post-Brexit Appendix EU Immigration Rules.
However, the Court of Appeal ruled that a Zambrano right to reside does not apply when an individual already has leave to remain, upholding the Home Office’s revised definition in Appendix EU aligning with this interpretation. Contrary to the Upper Tribunal’s view, the Court clarified the limited scope of the Zambrano right, stating it does not automatically lead to settlement.
As a result, the Appellants’ challenge was unsuccessful, with the Court reinforcing that post-Brexit, those previously relying on the Zambrano right must obtain settled status through regular immigration channels rather than qualifying automatically under the now inapplicable EU law provisions.
For full decision, click here.
INDEPENDENT REPORTS
The financial (minimum income) requirement for partner visas – Research Briefing, 8 March 2024, House of Commons Library
The Government has recently unveiled plans to significantly raise the annual income threshold required to sponsor a visa for a foreign spouse or partner. The current minimum income level of £18,600 will be increased to £29,000 starting in April 2024. Furthermore, an additional hike to £38,700 is scheduled for early 2025, more than doubling the existing threshold.
The House of Commons Library’s updated research briefing delves into the rationale behind introducing the minimum income requirement, the methodology for determining the threshold, and the various means by which this financial obligation can be fulfilled.
While section 3 of the briefing outlines the criticisms surrounding this policy, section 4 specifically addresses the forthcoming increase, shedding light on the reasons behind the significant surge in the income threshold.
For full report, click here
HOME OFFICE GUIDANCE & POLICY DOCUMENT UPDATES
Open consultation: Office of the Immigration Services Commissioner’s fee structure has been published on 14th March 2024. To view the Paper, click here
Guidance: Using the ‘EU Exit: ID Document Check’ app has been updated on 13th March 2024. To view the updated Guidance, click here.
Guidance: Questionnaire – continue your asylum claim has been updated on 13th March 2024. To view the updated Guidance, click here
Caseworker Guidance: Failure to travel to Bibby Stockholm vessel has been updated has been updated on 13th March 2024. To view the updated Guidance, click here
Guidance: Immigration Rules archive: 22 February 2024 to 10 March 2024 has been published on 13th March 2024. To view the updated Guidance, click here
Transparency data: Migrants detected crossing the English Channel in small boats has been updated on 13th March 2024. To view the updated Guidance, click here and here.
Detention services order 05/2013 on using profits from shops in immigration removal centres and other facilities has been updated on 13th March 2024. To view the latest Guidance, click here.
Guidance: Physical and mental health support for people seeking asylum has been published on 12th March 2024. To view the Guidance, click here.
Collection: Trade with the UK as a business based in the EU has been updated on 11th March 2024. To view the Collection, click here.
Immigration Rules Appendix Ukraine Scheme has been updated on 11th March 2024. To view the latest Appendix, click here.
Immigration Rules Appendix Shortage Occupation List has been updated on 11th March 2024. To view the latest Appendix, click here.
Immigration Rules Appendix Skilled Occupations has been updated on 11th March 2024. To view the latest Appendix, click here.
Immigration Rules Appendix Skilled Worker has been updated on 11th March 2024. To view the latest Appendix, click here.
Immigration Rules part 8: family members has been updated on 11th March 2024. To view the latest Appendix, click here.
Guidance: Immigration bail: digital reporting has been updated on 8th March 2024. To view the updated Guidance, click here.
STAY TUNED FOR MORE IMMIGRATION NEWS NEXT WEEK!