Immigration News Weekly Roundup – 20 December 2024

Immigration News Weekly Roundup – 20 December 2024

As 2024 draws to a close, Immigration changes continue to unfold, with the UK Home Office maintaining its steady stream of policy updates and reforms.

The Government has announced significant changes to strengthen the Migration Advisory Committee (MAC) from January 2025. The enhancement comes as part of the government’s response to tackle net migration, which has quadrupled in the past five years. The MAC will work within a new ‘quad’ framework alongside Skills England, the Department for Work and Pensions and the Industrial Strategy Council to develop evidence-based approaches to reduce international recruitment and promote domestic workforce development. This restructuring aligns with the government’s broader Plan for Change and precedes an Immigration white paper due in 2025.

The MAC has challenged Labour’s proposed strategy to reduce net migration through domestic training, stating that improving UK skills does not guarantee reduced reliance on overseas workers. In its annual report, the MAC highlighted that skilled migrants on work visas contribute approximately £16,300 in net fiscal impact, which is 20 times higher than the £800 contributed by UK-born adults. The committee emphasised that workforce shortages might be due to poor pay and conditions rather than just skills gaps and cautioned against a one-size-fits-all approach to linking immigration and skills policy. This analysis comes as net migration reached 906,000 in the year ending June 2023, with the committee expecting figures to fall due to recent policy changes and enhanced enforcement measures.

Labour Together, a think tank aligned with Sir Keir Starmer’s Labour Party, has proposed replacing traditional immigration caps with a new system of flexible, long-term targets based on visa categories, alongside an ’emergency brake’ mechanism. The proposal aims to balance economic needs with public service capacity whilst maintaining better control over immigration levels.

Home Secretary Yvette Cooper has announced a major crackdown on illegal working in the UK, pledging £8 million for new technology including body-worn cameras for 1,200 frontline officers and fingerprint kits to strengthen enforcement. The measures come as removals have increased by 25% compared to last year, with almost 13,500 people with no right to remain being deported since the new government took office. The initiative aims to combat exploitation and disrupt smuggling gangs’ business models, while enhanced international cooperation, including recent agreements with Germany and other European partners, supports the government’s broader enforcement strategy.

The Upper Tribunal has adopted a stringent stance on immigration deception, ruling in a  case  that any period of residence obtained through false identity cannot count towards settlement applications, even if previously valid. This landmark decision emphasises that those who have used deception cannot benefit from their dishonesty when seeking permanent status, reinforcing the tribunals’ commitment to maintaining the integrity of the UK’s immigration system.

Last but not the least, a little sigh of relief for all visa holders as we wrap up 2024.  In a welcome development for visa holders, the government has extended the deadline for transitioning to eVisas from 31 December 2024 to 31 March 2025, allowing individuals with expired BRPs and EUSS cards to continue using their physical documents for travel, provided they maintain valid immigration status

The UK’s immigration sector continues to evolve, presenting ongoing challenges and debates for policymakers, legal professionals, and those navigating the system.

As we enter 2025, further changes to immigration and asylum policy are anticipated, with the government signalling reforms to legal migration routes and asylum processing.  Kick off 2025 by HJT’s expert panel with their live online bite size courses in the first quarter of 2025! 

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Immigration Law Conference in Birmingham, Long Residence Applications: Explaining the Rules, UKVI Removals: Updates & Contesting Challenges, Managing Homes office Audits, Skilled Worker Masterclass & The Myth of Self Sponsorship  

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For enquiries, contact us enquiries@hjt-training.co.uk or call 075441 64692.

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

Immigration News

Government strengthens Migration Advisory Committee – UKVI

The government has delivered on its manifesto promise to strengthen the independent Migration Advisory Committee (MAC), a key component of the new joined-up approach to reduce net migration. In changes confirmed by the MAC from January 2025, Professor Brian Bell will take on his role as Chair of the Migration Advisory Committee on a full-time basis.

For full report, click here

Huge increase in migration returns and illegal working arrests – UKVI 

The Home Secretary has pledged a step change in tackling exploitative and illegal working in the UK, with new technology to be deployed to frontline officers to stop abuse of the system.   The intervention comes as almost 13,500 people with no right to be here have been removed since the new government came to office and surged the capacity of removal teams, as the department is on track to deliver its pledge to have the highest rate of returns since 2018 in their first 6 months. 

For full report, click here

Minister apologizes for letters wrongly saying benefits being axed – The Guardian 

A minister has apologised after people entitled to benefits wrongly received letters informing them their financial support was being axed, the Guardian has learned. 

The error was due to flaws in the system of eVisas. Concerns have previously been raised over whether these will work when people travel overseas and then try to return to the UK. The new visas come into force at the end of this month, although the government has extended the grace period for those using the eVisas to return to the UK when they go abroad until next March.

For full report, click here

Training up UK workers may not bring down net migration, Starmer warned – The Guardian

Keir Starmer’s plan to bring down UK net migration by improving domestic training and skills is not guaranteed to work, the government’s independent advisers have concluded.

The migration advisory committee also said that the average migrant who comes to the UK on a skilled worker visa contributes 20 times more than the average UK-born adult.

For full report, click here

Judge finds UK unlawfully detained Tamils stranded on Diego Garcia – The Guardian

Dozens of asylum seekers stranded on one of the most remote islands in the world in conditions described as “hell on Earth” were unlawfully detained there by the UK for three years, a judge has found.

The government could now face a bill of millions in damages for unlawfully detaining more than 60 people for such a long period.

For full report, click here

Yvette Cooper urged to end ‘cruel’ pause on Syrian asylum decisions – The Guardian

Syrian asylum seekers left in limbo after the home secretary said the government was pausing their claims have called the decision “cruel” and urged officials to resume processing their cases.

More than 700 refugee organizations, including Care4Calais and Refugee Action along with many UK-based Syrian groups, have expressed “deep concern and opposition” to the pause on the 6,500 claims currently in the system, the Independent has reported.

For full report, click here

Cooper won’t set timetable to cut ‘dangerous’ boat crossings – BBC News UK

Home Secretary Yvette Cooper has told the BBC the level of “dangerous” small boat Channel crossings is “far too high” but she refused to set out a timetable to reduce the number.

More than 20,000 people have made the crossing to the UK since Labour took power, up on 17,020 during the same period last year.

For full report, click here

Immigration Update: the UK’s New eVisa – JDSUPRA 

As we approach the December 31 deadline for the transformation of UK immigration status documents from passport stamps and physical documents to the new eVisa, it is important to be aware of the consequences for employees. We provide a simple guide to share with HR teams, friends, family, and colleagues who may be affected by the digitalisation of UK immigration.

For full report, click here

UK think tank wants govt to learn from Canada & Australia, introduce immigration targets – Economic Times

A think tank closely associated with UK Prime Minister Sir Keir Starmer’s Labour administration has proposed a structured framework for managing immigration. The group, Labour Together, has called for the introduction of “long-term targets” to regulate immigration levels, alongside an “emergency brake” mechanism to curb inflows when necessary.

 For full report, click here

Case Law 

R (on the application of He) v Secretary of State for the Home Department (Paragraph 276B(i), Lawful residence) [2024] UKUT 00417.

A Chinese national who initially entered the UK in 2006 and claimed asylum using a false identity. He was granted indefinite leave to remain (ILR) in 2017 under this false identity, which was subsequently revoked in 2019. After receiving leave to remain based on having a British citizen child, he applied for ILR in 2022 under the 10-year long residence rule. 

The Tribunal’s key decisions were threefold: firstly, any period of residence based on leave obtained through deception cannot count as ‘lawful residence’ for the purposes of a long residence ILR application, even if that leave was valid until revoked; secondly, the general grounds for refusal regarding deception apply equally to ILR applications as they do to limited leave applications; and thirdly, it would be illogical to allow someone seeking permanent status (ILR) to benefit from previous deception when those seeking temporary status cannot do so.

For full report, click here 

AYW & Anor v SSHD [2024] EWHC 3291

A Mexican national and her severely disabled 5-year-old son challenged the Home Secretary’s ongoing failure to provide adequate asylum accommodation under sections 95 and 96 of the Immigration and Asylum Act 1999. 

The child suffers from multiple conditions requiring wheelchair accessibility and specialist medical care. Despite being on notice for 12 months about the inadequate accommodation, the Home Office failed to secure suitable housing. 

The Court granted both declaratory relief and a mandatory order, rejecting the Home Office’s argument that compliance would be impossible. Notably, whilst the Court acknowledged the preference for accommodation in Southwark (where the child receives current medical care), it widened the geographical scope to include Lambeth and other South East London boroughs, provided they maintained appropriate medical care access. 

For full report, click here 

R(ABW) v Secretary of State for the Home Department [2024] EWHC 3205 (Admin)

The High Court addressed the crucial jurisdictional question of when judicial review claims must be transferred to the Upper Tribunal under section 31A of the Senior Courts Act 1981. The case arose from a challenge to a public order disqualification under section 63 of the Nationality and Borders Act 2022.
Mr Justice Dove provided significant clarification, ruling that not all decisions made under Immigration Acts must automatically be transferred to the Upper Tribunal.
The key takeaway is that mandatory transfer only applies to cases relating to “leave to enter or remain”, whether directly or indirectly, as the purpose was to utilise the Upper Tribunal’s immigration expertise. Public order disqualification decisions fell outside this scope, meaning such challenges could proceed in the High Court. This interpretation importantly narrows the scope of mandatory transfers, ensuring that only matters genuinely benefiting from the Upper Tribunal’s specialist immigration knowledge are transferred there.

For full report, click here 

Home Office Guidance and Documents Policy Updates

Guidance: Miscellaneous certificate of sponsorship functions: SMS manual 10 has been updated on 18th December 2024.To view the updated Guidance, click here

Guidance: China tuberculosis test clinics for a UK visa has been updated on 18th December 2024. To view the updated Guidance, click here

Guidance: Bangladesh country policy and information notes has been updated on 18th December 2024. To view the updated Guidance, click here

Guidance: Register of licensed sponsors: workers has been updated on 18th December 2024. To view the updated Guidance, click here

Guidance: Register of licensed sponsor’s students has been updated on 18th December 2024. To view the updated Guidance, click here

Guidance: Long residence caseworker has been updated on 18th December 2024. To view the updated Guidance, click here

Guidance: Ethiopia country policy and information notes has been updated on 17th December 2024. To view the updated Guidance, click here

Guidance: Ecuador tuberculosis test clinics for a UK visa has been updated on 17th December 2024. To view the updated Guidance, click here

Guidance: Guyana: tuberculosis test clinics for a UK visa has been updated on 17th December 2024. To view the updated Guidance, click here

Guidance: Workers and Temporary Workers: guidance for sponsors: sponsor a Minister of Religion or religious worker has been updated on 17th December 2024. To view the updated Guidance, click here

Guidance: Bhutan tuberculosis test clinics for a UK visa has been updated on 16th December 2024. To view the updated Guidance, click here

Guidance: Apply to stay in the UK under the Ukraine Extension Scheme has been updated on 16th December 2024. To view the updated Guidance, click here

Guidance: Apply for a visa under the Homes for Ukraine Sponsorship Scheme has been updated on 16th December 2024. To view the updated Guidance, click here

Guidance: Apply for a Ukraine Family Scheme visa has been updated on 16th December 2024. To view the updated Guidance, click here

Guidance: UK visa support for Ukrainian nationals has been updated on 16th December 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 16th December 2024. To view the updated Guidance, click here

Guidance: UK visa requirements: list for carriers has been updated on 13th December 2024. To view the updated Guidance, click here

Guidance: Document checks and charges for carriers has been updated on 13th December 2024. To view the updated Guidance, click here

Written by Shareen Khan 

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