Immigration News Weekly Roundup – 22 December 2023
This past week has seen several key developments in UK immigration policy. Prime Minister Rishi Sunak was expected to give a speech this month updating immigration plans, but this has now been scrapped due to Conservative party divisions over the Rwanda policy and questions over asylum seeker housing numbers. There are allegations that the Home Office is re-categorizing “legacy” asylum cases rather than resolving them, enabling Sunak to technically meet targets for clearing the backlog.
Newly announced visa income thresholds have also sparked outrage and planned legal action. From Spring 2023, the minimum income UK residents must have to bring a foreign family member will rise from £18,600 to £38,700. Advocacy group Reunite Families has instructed law firm Leigh Day to challenge this policy that threatens to separate multinational families. Also, do seize the opportunity to attend HJT’s live online course: Appendix FM Pathways for Partners and Settlement with Expert Brendan Beder to address the upcoming changes to the Rules. See here
Disturbing incidents have again highlighted the plight of vulnerable migrants. A boat crossing the Channel partially deflated this week, leaving one dead, one critically injured and two potentially still missing. The 27-year-old Albanian asylum seeker who died in a suspected suicide on a Dorset barge last week has been named as Leonard Farruku. His sister claims he was inhumanely treated before his death by the Home Office staff members.
Despite October’s UK Supreme Court ruling, the government is still aggressively pursuing the Rwanda policy. The Safety of Rwanda Bill recently passed its second Parliamentary reading, but Sunak has refused to confirm any airlines willing to participate over reputational concerns. With legal uncertainty remaining on the Rwanda deport flights, our director David Jones’ upcoming course on inadmissibility procedures and the Rwanda arrangements will no doubt provide valuable guidance.
For more information or to book, visit our link here
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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, see below.
We wish everyone an enjoyable and restful holiday period.
IMMIGRATION NEWS
No 10 drops proposal for end-of-year Sunak speech on immigration –The Guardian
No 10 has dropped a proposal for an end-of-year immigration update from Rishi Sunak amid concern that key policies that are meant to “stop the boats” are running into trouble.
The Prime Minister had been expected to make a statement in December outlining progress on the Rwanda deportation scheme and plans to house asylum seekers in ships such as the Bibby Stockholm and in former barracks, Whitehall sources said.
For full report, click here
Asylum seekers housed in UK hotels to have allowance cut to £1.25 a day – The Guardian
Tens of thousands of asylum seekers forced to live in hotels in the UK while their claims are being processed will have their allowance cut to just £1.25 a day, the government has said.
Support payments for those in hotel accommodation will be cut from £9.58 a week to £8.86 a week in the new year, in a decision refugee charities have called “unfathomable”.
The change was disclosed in a form of legislation called a statutory instrument, which was quietly released by the Home Office last week.
For full report, click here
Rishi Sunak refuses to say if airlines will sign up for Rwanda flights – The Guardian
Rishi Sunak has refused to disclose whether any airline would be willing to fly asylum seekers to Rwanda, amid concerns they could face reputational damage if the deportation plan gets off the ground.
The Prime Minister said he was confident that the UK government would be able to send asylum seekers to the African state but did not reveal whether any airlines had agreed to participate, citing commercial confidentiality.
He could not say when he would deliver on his pledge made almost a year ago to “stop the boats”, saying flights to Rwanda would take off “as soon as practicably possible” but that there was “no firm date” for an end to small boat crossings.
For full report, click here
Bibby Stockholm asylum seeker who died in suspected suicide is named – The Guardian
The asylum seeker who died in a suspected suicide on the Bibby Stockholm barge last week has been named as Leonard Farruku.
Farruku, 27, an Albanian national, was first named in reports in the Telegraph. Several asylum seekers on-board the barge, which is moored in Portland, Dorset, told the Guardian the man had appeared to be in a state of distress shortly before he died, shouting and banging on the wall of his cabin.
According to the Telegraph, his sister Jola Dushku, 33, who lives in Lombardy in Italy, claimed he was being treated “like an animal” on the barge before his death.
For full report, click here
Four in five UK immigration detainees released not deported, monitor say – The Guardian
Almost 80% of people held in UK immigration detention centres in 2022 were released into the community rather than deported, according to a report.
The purpose of immigration detention is to prepare people for deportation from the UK, but the annual report by the Independent Monitoring Board (IMB) on the immigration detention estate found that the vast majority were released.
The Home Office is only supposed to detain people if there is a realistic prospect of removing them within a reasonable timeframe, but many are released after successful legal challenges or after being assessed as having health issues. According to a government summary of immigration data between 2015 and 2019, a much higher percentage of people in detention were deported than in 2022. From 2015-19, an average of 44% of people detained were deported – double the 22% of detainees deported in 2022.
For full report, click here
Legal action planned over UK’s ‘cruel’ income threshold visa rules – The Guardian
Multinational families threatened with division or exile by tough new income thresholds for living together in the UK are planning legal action to overturn the “cruel and inhumane” policy.
Thousands of families with one British partner and one born abroad will be hit by the government’s announcement that from next spring, only people earning £38,700 will be allowed to bring family members to join them – up from £18,600. Many may be forced either to live separately or to leave Britain to be together.
Reunite Families, a support and campaign organisation for people affected by immigration rules, has instructed the law firm Leigh Day to explore legal avenues to challenge the changes announced on 4 December by the home secretary, James Cleverly, that amount to being “punished for falling in love”, according to one family affected.
For full report, click here
Channel migrants: One dead and another injured in Channel crossing – BBC News
One person has died, and another is in a life-threatening condition after a boat carrying migrants partially deflated in the Channel.
More than 60 people were on board the boat, which got into trouble about 8km (5 miles) from the French coast, according to the French coastguard.
A group of 66 survivors was taken to Calais, where the injured person is being treated in hospital.
The French coastguard said two other people may still be missing.
For full report, click here
INDEPENDENT REPORTS
Senior President of Tribunals’ Annual Report 2023, Courts and Tribunals Judiciary
The Senior President of Tribunals Sir Keith Lindblom released his annual report reviewing the past year across the tribunals system. In particular, Mr Justice Dove and Judge Melanie Plimmer reflected on the expected impact of the 2023 Illegal Migration Act (IMA) and increased Home Office activity on the Upper Tribunal (IAC) and First-Tier Tribunal (IAC) respectively. Both anticipate a dramatic uptick in cases and tight timescales for processing, with Mr Justice Dove noting the IMA will require the Upper Tribunal “to receive, process and determine an unprecedented volume of cases within unprecedented timescales.” This increased workload comes amid efforts by the Home Office to clear the substantial backlog of asylum applications.
To download the full report, click here
Family Migration Rules: Spouse / Partner Migration Rules: An initial findings report examining the mental health impact of the rules on children and families, by Tamsin Koumis – December 2023, Reunite Families UK (RFUK)
Reunite Families UK (RFUK) examines the ‘devastating’ effects of UK immigration rules and policy on families and children. Based on an October 2023 technical report by Implemental, RFUK’s research included interviews, a focus group, and a survey of parents, health specialists, educators, academics and NGOs. It presents a broad look at how spouse/partner visa financial requirements like the minimum income requirement (MIR) currently set at £18,600 annually are negatively impacting people, with a specific focus on harm to children’s mental health.
RFUK notes that the MIR creates barriers for British or settled citizens seeking to sponsor a spouse/partner to enter the UK, and that the government recently announced the MIR will increase to £38,700 in 2024, potentially worsening hardships for families.
To download the full report, click here
Changes to legal migration rules for family and work visas in 2024, House of Commons Library, 19th December 2023
The House of Commons Library has published new research briefing on the upcoming changes to legal migration rules that the Home Secretary announced on December 4th regarding family and work visas. The briefing offers a factual overview of what is presently known about these changes and what information has yet to be provided by the Home Office.
It serves as a helpful, concise look at the current status of the announced changes. The Library will likely publish a more detailed briefing once the Home Office releases full details on the new rules for family and work visas.
To download the current briefing, click here
HOME OFFICE GUIDANCE & POLICY DOCUMENT UPDATES
- Caseworker Guidance: Worker and Temporary Worker sponsor licensing has been updated on 21st December 2023. To view the updated Guidance, click here
- Caseworker Guidance Points-based system – sponsor compliance visits has been updated on 21st December 2023. To view the updated Guidance, click here
- Guidance: Egypt- country policy and information notes has been updated on 20th December 2023. To view the updated Guidance, click here
- Guidance: China – country policy and information notes has been updated on 20th December 2023. To view the updated Guidance, click here
- Guidance: Register of licensed sponsors: workers and students have been updated on 20th December 2023. To view the updated Registers, click here and here
- Caseworker Guidance: UK ancestry has been updated on 19th December 2023. To view the updated Guidance, click here
- Guidance: Apply to stay in the UK under the Ukraine Extension Scheme has been updated on 19th December 2023. To view the updated Guidance, click here
- Guidance: Apply for a visa under the Ukraine Sponsorship Scheme (Homes for Ukraine) has been updated on 19th December 2023. To view the updated Guidance, click here
- Guidance: Apply for a Ukraine Family Scheme visa has been updated on 19th December 2023. To view the updated Guidance, click here
- Guidance: Georgia – country policy and information notes has been updated on 19th December 2023. To view the updated Guidance, click here
- Guidance: UKRI endorsement: endorsed funders (Global Talent visa) has been updated on 18th December 2023. To view the updated Guidance, click here
- Guidance: India – country policy and information notes has been updated on 18th December 2023. To view the updated Guidance, click here
- Guidance: Vietnam – country policy and information notes has been updated on 18th December 2023. To view the updated Guidance, click here
- Guidance: English language abilities with a secure English language test (SELT) has been updated on 18th December 2023. To view the updated Guidance, click here
- Guidance: Youth Mobility Scheme visa: – ballot system has been updated on 15th December 2023. To view the updated Guidance, click here
- Caseworker Guidance – Withdrawing asylum applications: has been updated on 14th December 2023. To view the updated Guidance, click here
STAY TUNED FOR MORE IMMIGRATION NEWS NEXT WEEK
