Immigration News Weekly Roundup – 20 October 2023

Immigration News Weekly Roundup – 20 October 2023

Migration waves continue to swell while harsh political winds blow—keeping up with the latest developments in UK immigration law is crucial for legal professionals in this tempestuous environment. As policymakers debate caps and controls, ground-level events illuminate the human impacts of an enforcement-focused approach. From criminalizing Channel crossings to housing asylum seekers in controversy, immigration remains a lightning rod issue this week.

Recent headlines offer insight into the hidden human toll of unlawful entry crackdowns. In Ilford, an unassuming local shopkeeper was revealed to be a major smuggling kingpin showing callous disregard for migrant safety on treacherous sea journeys.  Such news has a collateral impact on other businesses, as the UKVI will continue to make unexpected checks on illegal working investigations.  Additionally, this week, the UKVI has updated its Guidance on sponsored workers and students checks and the sponsors obligations.

Our upcoming live online course: Home Office Audits scheduled on 21st November aims to equip immigration advisors in line with the latest compliance obligations subjected to sponsor organisations. For more information on the course or to book, click here See list of all our courses here

Though net migration may soon ebb from record highs, experts say pre-Brexit levels persist. Ongoing legal clashes over housing asylum seekers highlight the human experience behind the statistics.  

Most crucially, in a landmark decision of R v Ginar [2023] EWCA Crim 1121 Court of Appeal has established harsh sentencing standards for undocumented entries in the UK. The ruling cements the Government’s hostile stance in recent legislation targeting Channel crossings. For those convicted, a year in prison is now the starting point.

As the legal landscape shifts, immigration lawyers must stay agile and compassionate. Policies may toughen, but real people and lives remain at stake. Staying current with the rapidly evolving legal landscape is a must, but a challenge amidst constant policy changes and new rulings. Subscribing to an immigration law resource like Mastering Immigration Law ensures practitioners can access the latest need-to-know updates and analysis. With our editor Mark Symes analysing each update, immigration practitioners are assured to stay on top of this moving target.

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This and more are covered in our Immigration News Weekly Roundup. The full list of updates on media news, reported case law and Home Office Policy and other document updates below.

 IMMIGRATION NEWS

The Ilford kiosk man who hid a thriving people-smuggling business – The Guardian

Hewa Rahimpur, 30, led a double life in Ilford, east London. On the surface, there was no sign he was one of Europe’s most notorious people smugglers responsible for transporting up to 10,000 people across the Channel on small boats. Rahimpur’s approach was revealed in text messages he sent to some of his passengers that were read out in court. When one boat faced difficulty, he advised them against calling the French coastguard. And when one complained about the state of the boat, he said that was “not important … just get to the other side”.

For full report, click here

UK net migration will start falling to pre-Brexit levels, analysis shows – The Guardian

Net migration to the UK is likely to fall significantly in the coming years but remain at pre-Brexit levels of about 300,000, analysis by academic experts suggests. Net migration was a record 606,000 in the 12 months to June 2022, up 24% on the previous year, prompting Rishi Sunak to say “numbers are too high, it’s as simple as that, and I want to bring them down”.

The sharp increase has been driven by several factors, including the arrival of refugees from Ukraine and Hong Kong on special visa schemes as well as rapid rises in both student and work visas.

For full report, click here

Portland mayor mounts legal challenge against council over Bibby Stockholm – The Guardian

Urgent hearing comes days before Home Office is due to return asylum seekers to barge in Portland.

Dorset council is facing an urgent high court challenge by one of its local mayors about the use of the Bibby Stockholm barge to accommodate asylum seekers in Portland. The case has reached the high court in two days and is the first time the council has been challenged directly in the high court in relation to the barge. It comes days before the Home Office is due to return people to the barge, which has been empty for more than two months after deadly legionella bacteria was discovered onboard.

For full report, click here

 CASE LAW

R v Ginar [2023] EWCA Crim 1121

A recent 2023 Court of Appeal case provided guidance on sentencing for immigration offenses involving arriving in the UK without proper documentation. The court indicated that prison time would typically be appropriate for migrants attempting dangerous small boat crossings of the Channel. The legislation criminalizing such arrivals was passed in 2022 to target these risky journeys. Per the court’s guidance, 12 months imprisonment is the recommended starting sentence upon conviction for entering the UK in this unauthorized manner.

For full decision, click here

 

 HOME OFFICE GUIDANCE & POLICY DOCUMENTS UPDATE

 

  • Landlord’s guide to right to rent checks has been updated on 18th October 2023. To view the updated Guidance, click here

 

  • Licensing authority guide to right to work checks has been updated on 18th October 2023. To view the updated Guidance, click here

 

  • Right to work checks: an employer’s guide has been updated on 18th October 2023. To view the updated Guidance, click here

 

  • Nigeria: tuberculosis test clinics for a UK visa have been updated on 18th October 2023. To view the updated Guidance, click here

 

  • Worker and Temporary Workers guidance for sponsors: sponsor a Creative Worker has been updated on 18th October 2023. To view the updated Guidance, click here

 

  • Register of licensed sponsors: workers and register of licensed sponsors: students have been updated on 18th October 2023. To view the updated Guidance for each, click here and here

 

  • Revoking indefinite leave to remain in the UK: caseworker guidance has been updated on 18th October 2023. To view the updated Guidance, click here

 

  • Apply for asylum support: form ASF1 has been updated on 16th October 2023. To view the updated Guidance, click here

 

  • Tamper evident bags: caseworker guidance has been updated on 16th October 2023. To view the updated Guidance, click here

 

  • Borders, immigration and citizenship: privacy information notice has been updated on 16th October 2023. To view the updated Guidance, click here

 

  • Prove your English language abilities with a secure English language test (SELT) has been updated on 16th October 2023. To view the updated Guidance, click here

 

  • Pakistan: tuberculosis test clinics for a UK visa have been updated on 16th October 2023. . To view the updated Guidance, click here

 

  • Biometric information: caseworker guidance has been updated on 13th October 2023. To view the updated Guidance, click here

 

  • Immigration status and enforcement action: caseworker guidance has been updated on 13th October 2023. To view the updated Guidance, click here

 

  • UK visa requirements: list for carriers has been updated on 13th October 2023. To view the updated Guidance, click here

 

  • Guidance: Using the ‘EU Exit: -ID Document Check’ app has been updated on 12th October 2023. To view the updated Guidance, click here

 

  • Guidance: Using the ‘UK Immigration -ID Check’ app has been updated on 12th October 2023. To view the updated Guidance, click here

 

Stay tuned for more Immigration News next week!

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