Immigration News Weekly Roundup – 29 November 2024
In a significant update to UK immigration rules, the government has announced two major changes affecting Ukrainians and Colombians. From 18 December 2024, Ukrainians will no longer be able to travel to the UK without pre-enrolled biometrics, ending a concession that allowed quick travel for those seeking sanctuary. Additionally, as of 3pm on 26 November 2024, Colombian nationals must obtain entry clearance before visiting the UK, with a transition period until 24 December 2024 for those with existing travel bookings.
The changes also include the launch of the Ukraine Permission Scheme on 4 February 2025, replacing the current Ukraine Extension Scheme, which will offer 18 months of extended leave with existing rights. However, time spent under Ukraine schemes will not count towards settlement under Appendix Long Residence. The government’s decision regarding Colombia appears to be influenced by a significant increase in asylum claims, which rose from single digits in 2022 to hundreds per quarter in 2023 and 2024, compared to minimal numbers in previous years.
the Labour Party’s ambitious plan to clear asylum backlogs faces significant challenges due to a critical shortage of legal aid solicitors in England and Wales. Recent figures reveal that 57% of asylum seekers this year couldn’t access legal aid representation, a dramatic increase in 2020-21, largely attributed to stagnant legal aid rates that have remained unchanged since 1996. Whilst Justice Secretary Shabana Mahmood is expected to address the crisis by increasing legal aid rates, experts suggest the systemic degradation of the advice sector has created a bottleneck effect, leading to longer processing times and increased costs—with the average annual cost per asylum seeker rising from £17,000 in 2019-20 to £41,000 in 2023-24.
The closure of the Bibby Stockholm barge, merely masks the deeper crisis in asylum seeker accommodation in the UK. Although Labour has increased monthly case processing from 1,000 to 10,000, the continued reliance on hotels—now at 220 sites—highlights that temporary solutions are simply replacing other temporary solutions. The fundamental issue remains: the system needs comprehensive reform focusing on swift, efficient decision-making rather than shuffling asylum seekers between various forms of temporary accommodation.
Until the government addresses the core problem of lengthy processing times and builds a streamlined system for handling applications, the shift from barges to hotels merely represents a change in venue rather than a meaningful solution to the accommodation crisis, ultimately costing taxpayers more whilst failing to provide dignity and stability to those seeking asylum.
Amongst this week’s immigration developments, the most significant update for sponsor licence holders concerns the Home Office’s priority change of circumstances service. The service window has been extended to run from 7am to 5pm (previously 9am to 5pm) on weekdays, with available daily slots increased from 60 to 100. Whilst this represents a modest improvement for the 100,000+ registered sponsors seeking to expedite vital licence changes, the expansion still falls short of meeting the overwhelming demand. The service, which costs £200 per request and aims to process changes within five working days instead of the standard 18-week wait, remains crucial for sponsors needing to progress visa applications quickly.
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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
UK opens pre-travel requirement to non-Europeans – UKVI News
The UK Government is introducing Electronic Travel Authorisation (ETA) for millions of visitors who pass through the UK border every year, including six million from the USA, Canada, and Australia. Next year, ETA will be open to eligible Europeans, who will be able to apply from 5 March 2025 and will need an ETA to travel to the UK from 2 April 2025. From April 2025, all visitors to the UK who do not need a visa for short stays and who do not already have a UK immigration status will need an ETA.
For full report, click here
Immigration Rules changes: New visa requirement for all Colombian visitors from today, Ukraine schemes updated – Electronic immigration network
You can download the 63-page statement here. The accompanying 10-page explanatory memorandum is here. All can be accessed from here on GOV.UK. Changes being made include the introduction of a visa requirement on all visitors from Colombia and a number of changes relating to the Government’s visa schemes for nationals of Ukraine, including the opening of the new Ukraine Permission Extension (UPE).
For full report, click here
Amendments to UK Visas & Immigration Priority Service for Sponsor changes of circumstance – Employment Law Worldview
As many sponsors will know, the Home Office offers a priority change of circumstances service, allowing sponsors to request by email the prioritisation of certain Home Office sponsor-related actions (many of which are vital to their being able to progress a visa application). Without this service, the standard processing time for these requests of around 18 weeks would mean that some visa applications could be stopped in their tracks.
For full report, click here
Kemi Badenoch considering visa cap if Tories return to power – The Guardian
Kemi Badenoch is considering a new cap on visas if the Conservatives return to power and has admitted that previous Tory governments had failed to keep their promises on immigration. In her first policy intervention as party leader, she also said pulling out of human rights laws “may not be the most radical thing” that her future government will have to do to control the flow of people into the UK.
For full report, click here
Final asylum seekers have now left the Bibby Stockholm – The Guardian
The final asylum seekers housed on the Bibby Stockholm barge left the boat on Tuesday and crew members are set to leave on Wednesday, with the controversial vessel’s final day in port expected to be 8 January. The accommodation on the barge, moored in Portland, Dorset, will now be dismantled after the Labour government decided to discontinue the previous government’s contract to house asylum seekers on the vessel.
For full report, click here
Lack of legal aid lawyers poses threat to Starmer’s asylum pledge, experts say – The Guardian
Keir Starmer’s pledge to clear the asylum backlog is under threat because of a shortage of legal aid solicitors, experts have said. More than 54,000 people seeking asylum or appealing against a refusal in a tribunal in England and Wales this year – 57% of the total – were unable to access a legal aid lawyer, figures show.
For full report, click here
People smugglers who promoted Tripadvisor-style video reviews caught – BBC News UK
Two men have pleaded guilty midway through their trial to people smuggling. Dilshad Shamo, 41, and Ali Khdir, 40, were convicted for their roles in an operation which ran through Europe labelled “Tripadvisor for people smugglers”.
For full report, click here
Rise in hotels used by asylum seekers, says minister – BBC News UK
The number of hotels being used to house asylum seekers has risen by seven since the general election, the government has disclosed. Home Office minister Dame Angela Eagle told MPs that 220 hotels were now in use, with 14 opened and seven closed since the July poll.
For full report, click here
Case Law
Gadinala v Secretary of State for the Home Department [2024] EWCA Civ 1410
The Court of Appeal has ruled that whilst sentence length remains the primary indicator of seriousness, it is not the sole consideration. The court emphasised that judges must consider multiple factors, including any guilty plea discount, the nature and circumstances of the offence, and the offender’s age at the time of the crime. In Mr Gadinala’s case, although he had compelling personal circumstances, including family ties and rehabilitation since 2012, the Upper Tribunal found that the ‘truly appalling nature’ of his crimes outweighed these factors. The case highlights that the assessment of seriousness has become more discretionary following the Supreme Court’s Sananbar decision, potentially leading to less predictability in deportation proceedings.
For full decision, click here
Home Office Guidance and Documents Policy Updates
Guidance: Residence documents: information for financial providers has been updated on 27th November 2024. To view the updated Guidance, click here
Collection: Check passenger documents has been updated on 27th November 2024. To view the updated collection, click here
Guidance: Transfer of conditions caseworker has been updated on 27th November 2024. To view the updated Guidance, click here
Guidance: Skilled Worker visa caseworker has been updated on 27th November 2024. To view the updated Guidance, click here
Guidance: Visit the UK as part of a French school trip has been updated on 27th November 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsor’s workers has been updated on 27th November 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsor’s students has been updated on 27th November 2024. To view the updated Guidance, click here
Guidance: Apply for an electronic travel authorization (ETA) has been updated on 27th November 2024. To view the updated Guidance, click here
Guidance: Electronic travel authorisation (ETA): residents of Ireland has been updated on 27th November 2024. To view the updated Guidance, click here
Guidance: Apply for a Ukraine Family Scheme visa has been updated on 26th November 2024. To view the updated Guidance, click here
Guidance: Apply for a visa under the Homes for Ukraine Sponsorship Scheme has been updated on 26th November 2024. To view the updated Guidance, click here
Guidance: UK visa support for Ukrainian nationals has been updated on 26th November 2024. To view the updated Guidance, click here
Guidance: Apply to stay in the UK under the Ukraine Extension Scheme has been updated on 26th November 2024. To view the updated Guidance, click here
Guidance: UK visa requirements: list for carriers has been updated on 26th November 2024. To view the updated Guidance, click here
Guidance: Check if you can get an electronic travel authorisation (ETA) has been updated on 26th November 2024. To view the updated Guidance, click here
Guidance: Biometric data-sharing caseworker has been updated on 26th November 2024. To view the updated Guidance, click here
Collection: Immigration Rules statement of changes has been updated on 26th November 2024. To view the updated collection, click here
Guidance: Visa processing times: applications outside the UK has been updated on 26th November 2024. To view the updated Guidance, click here
Guidance: Visa processing times: applications inside the UK has been updated on 26th November 2024. To view the updated Guidance, click here
Guidance: Visa processing times has been published on 26th November 2024. To view the Guidance, click here
Guidance: Algeria: tuberculosis test clinics for a UK visa has been updated on 26th November 2024. To view the updated Guidance, click here
Guidance: Applying to the Ukraine Permission Extension scheme has been updated on 26th November 2024. To view the updated Guidance, click here
Guidance: Reports of domestic abuse from asylum seekers caseworker has been updated on 25th November 2024. To view the updated Guidance, click here
Guidance: Points-based system sponsor licensing – applications: caseworker has been updated on 22nd November 2024. To view the updated Guidance, click here
Guidance: Pre-licence priority service has been updated on 22nd November 2024. To view the updated Guidance, click here
Guidance: Cases involving pending prosecution: caseworker has been updated on 22nd November 2024. To view the updated Guidance, click here
Written by Shareen Khan
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