Immigration News Weekly Roundup – 6 December 2024
A major overhaul of UK immigration regulations is set to impact IAAS Law Society regulated immigration advisors. The Government has announced a vital increase in legal aid fees for immigration and housing work, marking the first substantial rise since 1996. Hourly rates will increase to £69 in London and £65 outside London, with fixed-rate fees potentially rising up by 29%. This development comes as welcome relief to immigration lawyers who had warned of system paralysis due to stagnant rates.
The transition to digital immigration systems has faced significant challenges, with Migration Minister Seema Malhotra confirming that expired identity documents will be accepted for UK travel due to flaws in the eVisa system. The Home Office has acknowledged widespread issues with eVisa accessibility, raising concerns about potential discrimination and access to essential services for those with legal right to remain in the UK.
These systemic challenges are further complicated by ongoing efforts to combat illegal migration. Recent coordinated police operations across Germany and France, supported by Europol and British police, have targeted networks involved in Channel crossings, demonstrating the international scope of migration management. These developments collectively reveal a immigration system in transition, with regulatory bodies, digital infrastructure, and legal aid all undergoing simultaneous reform.
Looking ahead, 2025’s first quarter promises significant changes to immigration rules and procedures. To help practitioners stay ahead of these developments, HJT Training has curated a series of essential courses led by industry experts, designed to provide both theoretical knowledge and practical insights for addressing new challenges.
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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
Use expired ID to get to UK, says minister in charge of flawed eVisas – The Guardian
Passengers will be allowed to use expired identity documents to travel to the UK because of flaws in the eVisa system, a minister has told the Guardian. Seema Malhotra, the migration and citizenship minister, said the government had postponed a planned full shift to the new digital immigration system amid “real fear” of another Windrush-style scandal among minority communities.
For full report, click here
Many unable to access eVisas to prove right to be in UK, Home Office admits – The Guardian
The Home Office has admitted that many people who have the right to live and work in the UK cannot access their eVisas and provide proof that they are allowed to be in the country. Human rights campaigners have said problems with accessing eVisas could lead to a scandal involving hundreds of thousands of people. Those affected are allowed to be in the UK but cannot show their right to work or rent a home.
For full report, click here
Legal aid fees to rise by at least 10% for immigration and housing work – The Guardian
Ministers are to announce at least a 10% increase in legal aid fees for immigration and housing work after action by lawyers who warned that the failure to increase rates had led to a paralysis in the system. Asylum work fees in England and Wales have not increased since 1996, with hourly rates for lawyers stuck at £52. Rates will now increase to £69 in London and £65 outside London, or a 10% rise – whichever is higher – for housing, debt, asylum and immigration work. Fixed-rate fees will also be increasing in proportion with the increase in hourly rates, and lawyers say the increase could be as much as 29%.
For full report, click here
French authorities rescue 85 migrants trying to cross Channel – The Guardian
The French navy rescued 85 migrants trying to cross the Channel from France to England on Wednesday, maritime authorities said, the latest in a deadly series of dangerous crossings. One of “numerous” migrant boats that set out to sea called for help after hitting a sandbank off the Pas-de-Calais region, France’s Channel and North Sea maritime prefecture said in a statement.
For full report, click here
Police raid migrant smuggling ring accused over small boat Channel crossings – The Guardian
Police have carried out dawn raids in several cities in Germany and France in an internationally coordinated operation to smash a network accused of smuggling migrants to Britain in small boats. Coordinated with Europol, the French security service and British police after months of intelligence-gathering, the raids concentrated on western German cities where gangs are believed to have procured small boats and found migrants wanting to be taken to the UK from France across the English Channel.
For full report, click here
How many people cross the Channel in small boats and how many claim asylum? – BBC News UK
More than 30,000 people have crossed the English Channel in small boats in 2024, including 20,000 since Labour came to power. Small boat arrivals made up about a quarter of total UK asylum applications, which increased to 99,700 people, in the 12 months to September.
For full report, click here
Net migration hit record 906,000 last year – BBC News UK
Net migration into the UK hit a record 906,000 in the year to June 2023, much higher than previously thought. The Office for National Statistics (ONS) originally estimated it was 740,000 but has now revised this figure upwards by 166,000.
For full report, click here
Case Law
Branco-Bonfim v Secretary of State for the Home Department [2024] EWCA Civ 1421
The Court of Appeal ruled that the Home Office couldn’t rely on a previous 2019 regulation 33 certification to prevent a Portuguese national from making an in-country appeal against a new 2020 decision. The Court held that regulation 33 certificates only apply to the specific removal they were issued for, not subsequent removals. Despite the Home Office arguing they could have used different certification powers, the Court rejected this defence, emphasising that decision-makers must properly understand and apply their legal powers rather than relying on previous certifications.
For full decision, click here
Home Office Guidance and Documents Policy Updates
Guidance: Defined certificate of sponsorship: SMS manual 12 has been updated on 04th December 2024. To view the updated Guidance, click here
Transparency data: Online immigration status (eVisa): UKVI account creation data has been updated on 04th December 2024. To view the updated Transparency data , click here
Guidance: Sri Lanka: country policy and information notes has been updated on 04th December 2024. To view the updated Guidance, click here
Guidance: Check your eVisa is correct before you travel has been updated on 04th December 2024. To view the updated Guidance, click here
Guidance: Indefinite leave to remain in the UK: your rights and status has been updated on 04th December 2024. To view the updated Guidance, click here
Guidance: Using your UK Visas and Immigration account has been updated on 04th December 2024. To view the updated Guidance, click here
Guidance: Terms and conditions for booking and taking the Life in the UK Test has been updated on 04th 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 04th December 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsors: workers has been updated on 04th December 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsors: students has been updated on 04th December 2024. To view the updated Guidance, click here
Guidance: Pakistan: tuberculosis test clinics for a UK visa has been updated on 02nd December 2024. To view the updated Guidance, click here
Guidance: Section 67 of the Immigration Act 2016 leave: caseworker guidance has been updated on 02nd December 2024. To view the updated Guidance, click here
Guidance: Guyana: tuberculosis test clinics for a UK visa has been updated 02nd December 2024. To view the updated Guidance, click here
Guidance: Hong Kong: tuberculosis test clinics for a UK visa has been updated on 02nd December 2024. To view the updated Guidance, click here
Guidance: Iraq: tuberculosis test clinics for a UK visa has been updated on 02nd December 2024. To view the updated Guidance, click here
Guidance: Request copies of your personal immigration and borders information has been updated on 02nd December 2024. To view the updated Guidance, click here
Guidance: Iraq: country policy and information notes has been updated on 02nd December 2024. To view the updated Guidance, click here
Guidance: Apply to become a permit-free art or music festival has been updated on 02nd December 2024. To view the updated Guidance, click here
Guidance: Registering under special circumstances: caseworker guidance has been updated on 29th November 2024. To view the updated Guidance, click here
Collection: Archive Immigration Rules has been updated on 29th November 2024. To view the updated Collection, click here
Form: Wind rush Scheme application form (UK) has been updated on 29th November 2024. To view the updated Form, click here
Written by Shareen Khan
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