Immigration News Weekly Roundup – 16 August 2024
The UK immigration realm has seen important developments in the last week, with changes that could have far-reaching effects on various sectors of the economy and society.
In a move that has drawn attention from many in the tech industry, the UK Home Secretary has commissioned a comprehensive review of the IT and engineering sectors’ reliance on international talent. This nine-month examination, to be conducted by the Migration Advisory Committee, aims to scrutinise skills shortages, recruitment practices, and potential policy adjustments to encourage more domestic hiring. The Government’s underlying goal is to address high migration levels whilst simultaneously tackling labour market weaknesses. This review comes at a time when employers are already grappling with a costly immigration system and recent changes to skilled worker visa requirements.
Meanwhile, the UK has witnessed a marked decline in migrant visa applications over the past year. The number of overseas workers, students, and their families applying for UK visas has plummeted by one-third, from 141,000 to 91,000. This sharp decrease follows the introduction of stricter immigration rules by the Conservative government, particularly affecting international students and health and care workers. The health sector has been hit especially hard, with an 80% reduction in health and care worker visa applications, raising concerns about potential future strains on the UK’s healthcare system.
The education sector is not immune to these changes either. UK universities, which have long relied on the tuition fees of international students, are now facing significant financial pressures due to the drop in student visa applications. This decline may be partly attributed to economic issues in countries like Nigeria, a major source of international students for the UK.
As the UK moves towards a digital immigration system, from August 2024, physical immigration documents will be replaced by eVisas, affecting right to work checks and requiring individuals to create UK Visas and Immigration (UKVI) accounts to access their digital status. This shift is part of a broader plan to digitalise all immigration products by 2025, with UKVI offering support resources to guide employers and visa holders through this transition.
On the social front, planned far-right rallies failed to materialise over the weekend, overshadowed by a large turnout of anti-racist protesters. The director of public prosecutions’ warning of potential 10-year prison sentences for rioters may have played a role in deterring violence. In a show of solidarity, all legal regulators have expressed support for immigration lawyers who have been targeted by far-right groups.
The Solicitors Regulation Authority has also published an updated review with a view to assist immigration advisors in sharing the best practices to assist vulnerable asylum seekers in their immigration journey.
Lastly, a significant legal development has emerged for carers under the Zambrano principle. An Upper Tribunal decision has challenged the Home Office guidance on Zambrano carers, ruling that the ‘realistic prospect’ test for alternative immigration routes is incorrect. This judgement aligns with a recent High Court ruling and could have important implications for Zambrano carer applications, despite the route being closed since August 2023.
Considering this week’s developments, it is expected that the Government may implement changes to current policies regarding asylum seekers and other immigration matters.
As ever, HJT remains committed to keeping all immigration practitioners fully informed of the latest developments. We will continue to support you through our range of services, including our live online training sessions and subscription-based access to our comprehensively updated Mastering Immigration Law resource content.
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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
MAC commissioned to review IT and engineering sectors
The Home Secretary writes to the Chair of the Migration Advisory Committee (MAC), commissioning a review of key occupations to understand the reasons for their reliance on international recruitment.
The MAC has been asked to look at the Information technology and telecommunications professionals and engineering professionals. The Home Secretary has asked the MAC to report on these sectors within 9 months.
To view the official correspondence to MAC, click here
Solicitors Regulation Authority published a thematic review of asylum legal services for immigration advisors
SRA has published a thematic review that examines firms’ operations and client engagement in the asylum sector. SRA has assessed supervision and training protocols supporting their work.
The study explores how firms address emerging concerns. The report also identifies good practices and recommends areas of improvement to practitioners can assist vulnerable asylum seekers effectively.
For full report, click here
Heathrow says it lost 90,000 transfer passengers after new £10 fee – The Guardian.
Heathrow has said it experienced a 90,000 decline in passenger numbers on routes included in a £10 per person government scheme. It described the electronic travel authorisation (ETA) system as “devastating for our hub competitiveness”.
For full report, click here
More than 700 arrests made and 302 people charged over riots in England – The Guardian.
Police investigating the riots led by the far right say they have made more than 700 arrests for alleged offences and promised “hundreds” more to come.
Of the 741 arrests, 32 relate to online offences such as incitement, and the scale of the operation is shown by the fact the arrest took place in 36 of the 43 force areas across England and Wales.
For full report, click here
Far-right rallies abandoned amid warnings of 10-year sentences – The Guardian.
Planned far-right rallies did not materialise over the last weekend, amid a large turnout of anti-racist protesters and comments from the director of public prosecutions that rioters could end up with 10-year prison sentences.
Planned far-right action in towns and cities such as Newcastle, Liverpool, Basildon, Wakefield and Shrewsbury did not happen, while a handful of small rallies resulted in swift arrests.
For full report, click here
Two men jailed for social media posts that stirred up far-right violence – The Guardian.
Two men have been sent to prison for stirring up hatred and violence online after the Southport attack, in the first cases of their kind linked to the recent riots seen across the country.
Jordan Parlour, 28, was jailed for 20 months after pleading guilty to inciting racial hatred with Facebook posts in which he advocated an attack on a hotel in Leeds as part of the violent public disorder that swept England last week.
For full report, click here
Family whose daughter died in Channel say they will attempt crossing again – the Guardian.
A mother from a stateless Arab minority says she and her family have no choice but to try to cross the Channel again despite the death last month of her eldest daughter on a previous attempt.
Dina Al Shammari, 21, was travelling with her parents and three teenage siblings when she was crushed to death in an overcrowded dinghy off the coast of Calais on 28 July.
For full report, click here
Two people die attempting to cross Channel in dinghy – The Guardian.
Two people have died attempting to cross the Channel in a dinghy, according to the French authorities, bringing the death toll since mid-July to at least nine.
Fifty-three people were rescued by a helicopter and several ships sent to the scene by Gris-Nez Regional operation and surveillance centre. HM Coastguard also provided assistance, but two people were declared dead after being found unconscious onboard.
For full report, click here
Messages of welcome to be delivered to refugees and asylum seekers – The Guardian.
A Brighton-based organisation has promised to deliver handwritten messages welcoming refugees and asylum seekers who have recently arrived in the UK in the wake of far-right violence and anti-immigrant unrest.
Conversation Over Borders has invited the public to submit messages of “solidarity” online, which they plan to write by hand and deliver to people in accommodation hotels across the country.
For full report, click here
Number applying to work or study in UK falls by more than a third – The Guardian.
The number of overseas workers and students applying to come to the UK has fallen after curbs on visas introduced by the previous government.
Workers and their family members applying on skilled worker, health and care, and study visas fell by more than a third in July to 91,300 compared with last year.
For full report, click here
Big fall in migrant visa applications after changes – BBC News UK
The number of overseas workers, students and their families applying for visas to come to the UK has fallen by a third over the last 12 months. The sharp decline follows rule changes, introduced by the Conservative government, which banned most international students and health and social care workers bringing family to the UK.
For full report, click here
Leigh restaurant owners fear deportation to Nigeria if they can’t raise £26,000 in two weeks – ITV
A couple who run a popular restaurant fear they will be deported to Nigeria if they don’t raise enough money to stay in the country within days. Cynthia and Bright Chinule say they have just over two weeks to raise almost £26,000 or they could be forced to return to Nigeria after six years of building a life in England.
The financial knock-on effects mean the couple, who have three children, have been unable to keep on top of the rising cost of living, visa fees and things like immigration health surcharge payments.
For full report, click here
Case Law
Secretary of State for the Home Department v Maisiri, UI-2023-00462
This Upper Tribunal decision in Secretary of State for the Home Department v Maisiri challenges the Home Office guidance on Zambrano carers. The tribunal ruled that the ‘realistic prospect’ test for alternative immigration routes, particularly under Appendix FM, is incorrect. The judgement aligns with a recent High Court ruling in the Akinsanya litigation.
The tribunal found the Home Office’s approach unfair and unworkable, potentially causing applicants to lose their right to remain as Zambrano carers due to erroneous assessments of their prospects under other immigration rules. This decision is significant for Zambrano carer applications, despite the route being closed since August 2023.
To view the full decision, click here
HOME OFFICE GUIDANCE AND DOCUMENTS POLICY UPDATES
Guidance: Transfer or refer a case: caseworker has been updated on 14th August 2024. To view the Updated Guidance, click here
Guidance: Register of licensed sponsors: workers has been updated on 14th August 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsors: students has been updated on 14th August 2024. To view the updated Guidance, click here
Guidance: Burundi tuberculosis test clinics for a UK visa has been updated on 13th August 2024. To view the updated Guidance, click here
Guidance: Russia country policy and information has been updated on 12th August 2024. To view the updated Guidance, click here
Guidance: Guatemala tuberculosis test clinics for a UK visa has been updated on 12th August 2024. To view the updated Guidance, click here
Guidance: Exclusion from the UK – decisions and orders: caseworker has been updated on 12th August 2024. To view the updated Guidance, click here
Guidance: Criminal investigation caseworker has been updated on 12th August 2024. To view the updated Guidance, click here
Guidance: Prove your English language abilities with a secure English language test (SELT) has been updated on 12th August 2024. To view the updated Guidance, click here
Guidance: Namibia tuberculosis test clinics for a UK visa has been updated on 09th August 2024. To view the updated Guidance, click here
Guidance: Apply for an electronic travel authorization (ETA) has been updated on 09th August 2024. To view the updated Guidance, click here
Guidance: Turkey country policy and information notes has been updated on 09th August 2024. To view the updated Guidance, click here
Written by Shareen Khan
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