Immigration News Weekly Roundup – 25 October 2024
In a week marked by landmark decisions and procedural updates, the UK’s immigration arena continues to evolve.
The Home Office’s Sponsor Licence register has reached unprecedented numbers, reflecting a surge in business engagement with the sponsorship system. However, this expansion comes with heightened scrutiny, as demonstrated by a notable increase in licence revocations.
A significant High Court ruling this week in the Tendercare Management case has reinforced the gravity of sponsor compliance obligations. The judgment leaves no room for ambiguity regarding the deployment of sponsored workers to third parties. The Court’s stance on open-ended labour supply arrangements serves as a stark reminder that such practices constitute grounds for mandatory licence revocation. This decision particularly impacts care sector employers, who must now carefully review their operational structures.
In another pivotal development, the Supreme Court has delivered clarity on the application of section 55 guidance in the CAO case. The judgment emphasises substance over form in considering children’s welfare in immigration decisions. While the Home Office isn’t required to explicitly reference their guidance in decision letters, the underlying principle of safeguarding children’s interests remains paramount. This pragmatic approach resolves previous jurisdictional discrepancies across the UK.
On the operational front, significant changes are approaching for entry clearance visa application services. VFS Global is set to replace TLScontact across various regions between September 2024 and January 2025, affecting applications in Africa, Europe, the Middle East, and Central Asia. Immigration advisers should prepare their clients for this transition to ensure smooth application processes.
The introduction of the Electronic Travel Authorisation (ETA) system marks another crucial development. Currently mandatory for nationals of Gulf Cooperation Council countries, the compulsory application process requires careful attention from practitioners. The universal requirement, applying to all travellers including infants, signals a new era in UK border control.
In a heart warming conclusion to the week’s developments, Paddington Bear, Britain’s most famous refugee from Peru, has officially received his British passport. For countless refugees navigating their own journeys, this charming gesture carries deep significance. Paddington’s story – from arriving at a London station with nothing but a suitcase and a love for marmalade, to becoming a cherished part of British culture and now a fully-fledged British citizen – offers a powerful message of hope and belonging for those seeking safety and a new beginning in the UK.
As witnessed through the weekly updates, the UK’s immigration sector continues to evolve, presenting ongoing challenges and debates for policymakers, legal professionals, and those navigating the system.
In such a fast paced and dynamic environment, staying informed and up-to-date is more crucial than ever for legal professionals working in immigration law. This is where a subscription to Mastering Immigration Law proves invaluable. By providing the most current information and detailed explanations of rules, it adds significant value to everyday casework. Moreover, subscribers gain access to generous discounts on live online courses, ensuring continuous professional development (CPD) in this ever-evolving field.
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The rapid pace of change in immigration law, as evidenced by this week’s developments, demands firm commitment to professional development. With increased regulatory scrutiny of immigration representatives, there’s simply no room for knowledge gaps in delivering the highest quality of care and advice to clients.
As we steer these changes, HJT Training stands ready to support practitioners with a comprehensive suite of educational offerings. Our upcoming live online Self-Sponsorship scheme course addresses the complexities highlighted in recent sponsor licence cases. To round off 2024, our Judicial Review Conference offers timely insights into cases like CAO, whilst the Birmingham Immigration Law Conference 2025 promises to equip advisers with the tools needed to tackle whatever challenges the new year may bring.
These learning opportunities, led by industry experts, offer more than just CPD– they provide practical insights into managing complex cases like those we’ve seen this week. Whether you’re grappling with sponsor compliance, children’s rights, or the new ETA system, ongoing professional development remains the cornerstone of effective immigration practice.
Spaces are limited, so do not forget to book your spot in advance.
For more information on our courses, visit here
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
Three people dead and 46 rescued after boat sinks in attempt to cross Channel – The Guardian
Three people have died after a boat sank in the Channel, French maritime authorities said. The French maritime prefecture for the Channel and the North Sea said a further 46 people were rescued after the incident off the coast of Calais on Wednesday morning.
For full report, click here
Paddington Bear given UK passport by Home Office – The Guardian
He has been one of the UK’s favourite and most prominent refugees for two-thirds of a century. Now Paddington Bear – official name Paddington Brown – has been granted a British passport. The co-producer of the latest Paddington film said the Home Office had issued the specimen document to the fictional Peruvian-born character – listing for completeness the official observation that he is, in fact, a bear.
For full report, click here
James Cleverly spent £655 a head on in-flight catering for one-day trip to Rwanda – The Guardian
The in-flight catering for James Cleverly’s one-day round trip to Rwanda last December, while he was home secretary, cost £655 a head. Cleverly spent £165,561 chartering a private jet for his 11-hour visit to Kigali to sign Rishi Sunak’s deportation deal after the supreme court’s finding that Rwanda was an “unsafe country”.
For full report, click here
UK deports record number of Nigerians and Ghanaians in single flight – The Guardian
A record number of Nigerians and Ghanaians were deported to their home countries on one flight, with 44 forcibly removed on Friday, the Home Office has confirmed. The news came as it emerged that any asylum seekers who arrive in Diego Garcia before a treaty between the UK and Mauritius to hand back the Chagos Islands is finalised will be sent to Saint Helena, a British territory in the Atlantic Ocean described as one of the most remote places on Earth.
For full report, click here
Home Office hires 200 staff to clear huge backlog of UK modern slavery cases – The Guardian
The Home Office has recruited 200 staff to clear a backlog of 23,300 modern slavery cases left by the last government, a minister has told the Guardian. Jess Phillips, the safeguarding minister, said the department planned to end prolonged uncertainty and anguish for survivors by finalising the cases within two years.
For full report, click here
Hundreds gather at immigration detention protest – BBC News UK
Hundreds of people have gathered in what is thought to be the biggest protest against a female immigration removal facility since it opened three years ago. Demonstrators chanted, sang and set off flares in what they described as a show of solidarity with the women inside Derwentside Immigration Removal Centre (IRC) in County Durham.
For full report, click here
New UK visa application supplier in Ghana from 22 October 2024 – UKVI NEWS
Ghanaians applying for visas to enter the UK will need to use a new visa application centre (VAC) from 22 October 2024. The UK’s third-party VAC supplier in Ghana is changing to VFS Global on this date. This means people in Ghana will need to complete their applications with VFS Global, even if they have begun the process with previous supplier, TLScontact.
For full report, click here
Call for evidence: An inspection of General Maritime – UKVI NEWS
The Independent Chief Inspector of Borders and Immigration has begun an inspection of General Maritime, with the aim of identifying what improvements Border Force is able to make in the short-term (18-24 months) within existing resources, including through efficiencies, reorganisation, and reprioritisation.
For full report, click here
Case Law
CAO (Respondent) v Secretary of State for the Home Department (Appellant) (Northern Ireland) [2024] UKSC 32
The Supreme Court has clarified that the Home Office need not explicitly reference their section 55 guidance (regarding child welfare) in decision letters to demonstrate compliance with the duty, holding that substance prevails over form. The Court also established that the section 55 duty does not apply to the First-tier Tribunal, which instead considers children’s best interests within its Article 8 ECHR assessment. These ruling resolves previous conflicting positions between different UK jurisdictions. Whilst the Court noted it would be ‘desirable’ for the Home Office to reference the guidance in decision letters, failure to do so is not fatal to the lawfulness of the decision provided there is substantive compliance with the duty to safeguard and promote children’s welfare.
For full decision, click here
R (Tendercare Management Ltd) v Secretary of State for the Home Department [2024] EWHC 2154 (Admin)
The High Court has upheld the Home Office’s decision to revoke a care home’s sponsor licence, primarily due to the practice of supplying sponsored workers to other care providers on an open-ended basis. The Court confirmed that whilst contracted work is permitted, ongoing arrangements that amount to labour supply are prohibited and constitute grounds for mandatory revocation. The judgment also emphasised that sponsors must maintain proper systems for tracking worker absences, including sick leave. Importantly, the Court reinforced that where the sponsor guidance stipulates mandatory revocation, the Home Office has very limited discretion to deviate from this, treating such provisions as rules rather than policy. This case reflects the Home Office’s increasingly strict approach to sponsor compliance, as evidenced by the significant rise in licence revocations in 2024.
For full decision, click here
Home Office Guidance & Documents Policy Updates
Guidance: Register of licensed sponsors: students has been updated on 23rd October 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsors: workers has been updated on 23rd October 2024. To view the updated Guidance, click here
Guidance: Offender management: caseworker has been updated on 23rd October 2024. To view the updated Guidance, click here
Guidance: Deprivation of British citizenship: caseworker has been updated on 23rd October 2024. To view the updated Guidance, click here
Guidance: Permission to work: caseworker has been updated on 22nd October 2024. To view the updated Guidance, click here
Guidance: Apply for an electronic travel authorization (ETA) has been updated on 22nd October 2024. To view the updated Guidance, click here
Guidance: Changes to the commercial partner visa application services has been updated on 22nd October 2024. To view the updated Guidance, click here
Guidance: Work in the UK as a leader in digital technology (Global Talent visa). To view the updated Guidance click here
Guidance: Work in the UK as a leader in arts and culture (Global Talent visa). To view the updated Guidance, click here
Guidance: Innovator Founder visa. To view the updated Guidance, click here
Guidance: Scale-up Worker visa. To view the updated Guidance, click here
Guidance: High Potential Individual (HPI) visa. To view the updated Guidance, click here
Guidance: Work in the UK as a researcher or academic leader (Global Talent visa), click here
Guidance: Modern slavery victims: referral has been updated on 20th October 2024. To View the updated Guidance, click here
Guidance: Prove your English language abilities with a secure English language test (SELT) have been updated on 18th October 2024. To view the updated Guidance, click here
Guidance: Private life: caseworker has been updated on 18th October 2024. To view the updated Guidance, click here
Collection: Archive: Immigration Rules has been updated on 18th October 2024. To view the updated Guidance, click here
Guidance: eVisa: community support for vulnerable people has been updated on 18th October 2024. To view the updated Guidance, click here
Guidance: Request copies of your personal immigration and borders information has been updated on 18th October 2024. To view the updated Guidance, click here
Guidance: UKVI freelance interpreters has been updated on 18th October 2024. To View the updated Guidance, click here
Written by Shareen Khan
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