Immigration News Weekly Roundup – 6 October 2023

Immigration News Weekly Roundup – 6 October 2023

The release of the Migration Advisory Committee’s review and recommendations has been the highlight of UK immigration news this week. The independent MAC advises the government on immigration policy and regularly assesses the shortage occupation list. Their latest report suggests significant changes that would impact employers and asylum seekers.

The MAC recommended significantly reducing the Shortage Occupation List (SOL) that allows employers to more easily hire foreign workers for certain roles. The MAC feels the current SOL system depresses wages and leaves workers vulnerable. This would restrict work options for asylum seekers, who can currently work in shortage occupations after 12 months. However, the MAC suggested asylum seekers be allowed to work in any role if granted permission, not just shortage occupations.

Separately, the Government confirmed a 15% increase in legal aid fees for immigration cases related to the Illegal Migration Act 2023. This acknowledges the additional demands the act places on legal practitioners. However, a Refugee Council briefing found 75% of small boat arrivals in 2023 are likely genuine refugees. Under the Illegal Migration Act, these individuals cannot have their asylum claims heard in the UK. The Council said few could be returned home or to third countries, despite the law’s removal provisions.

In addition, UKVI fee hikes came into effect on October 4th, 2023. The Government has also released an updated list of Appendices and Guidance related to Points Based System and non-PBS applications.

In conclusion, immigration policy and practice continue to rapidly evolve in the UK. While the aim may be deterring illegal migration, evidence suggests genuine asylum seekers are being prevented from having claims heard. Meanwhile immigration lawyers and applicants struggle to keep pace with constant adjustments to rules, fees and procedures. A more thoughtful, evidence-based approach could benefit all sides of the complex immigration debate.

Immigration advisors will need to stay up-to-date on these frequent changes to fees, regulations, and guidance. Advisors must ensure they are charging appropriate fees based on the latest UKVI guidance and have a working knowledge of amendments to the Immigration Rules.

That is precisely why having a reliable resource like Mastering Immigration Law at an advisor’s disposal is so important. As the Home Office reshapes policies on a fast-paced basis, immigration advisors need an expert decoder to elucidate the changes.  With our editor Mark Symes analysing each update, immigration practitioners can stay on top of this moving target.

Currently available for pre-order at the flat rate of £199 only (no hidden fees), the Mastering Immigration Law subscription empowers advisors with a trusted ally amid turbulent times. Reliable resources are more important than ever in this climate.

Curious? Why not sign-up for 21 Day trial period here

Also, with immigration policy rapidly evolving, our timely online course: The July Immigration Rules & Illegal Migration Act 2023 on 18th October is designed to keep advisors up to speed. Experts Mark Symes and David Jones will provide must-know updates on the pivotal July Rules changes and Illegal Migration Act 2023. Their interactive session will equip you with insider tips and practical knowledge to master the latest regime and overcome emerging challenges.

Attend conveniently from your location as they decode complex policy shifts into clear guidance. You will walk away fully prepared to help clients navigate a fluid landscape with confidence.

Don’t let policy changes take you by surprise – get key insights from renowned authorities. Sign up now to gain the skills and knowledge needed to thrive amid constantly changing rules. Reserve your spot to stay ahead of the curve in this shifting environment. To secure booking, click here

For enquiries, contact us enquiries@hjt-training.co.uk or call 07544164692

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

 

UK migration advisers call for tighter foreign worker rules – Financial Times

The UK government’s migration advisers have called for the abolition of one of the main routes through which employers can hire overseas workers in sectors facing chronic staff shortages.

The Migration Advisory Committee, tasked with reviewing the “shortage occupation list” (SOL) for which visa conditions are loosened, reported that the current system was liable to drive down wages and leave workers open to exploitation. Its overall economic benefit was also doubtful, and many employers were unable to afford the high fees for using the system, the MAC said.

For full report, click here

 

Suella Braverman: We’ve been too squeamish on migration – BBC News

Suella Braverman has said politicians have been “too squeamish” to act on immigration, in a hard-hitting Conservative conference speech.

In an address to party activists, the home secretary said moving to a richer country had become a “realistic prospect” for “billions of people”. She also said a “hurricane” of migration is coming to the UK.

For full report, click here

 

Rwanda ambassador: Suella Braverman ‘absolutely wrong’ on immigration – The Guardian

The Home Secretary, Suella Braverman, faces embarrassment over her immigration policy after the ambassador for Rwanda was filmed in an undercover sting claiming the UK government’s position is “absolutely wrong”.

Johnston Busingye, high commissioner of Rwanda, backs the UK government’s plan to send asylum seekers to his country, but said ministers needed to examine the driving forces of migration. He said it was “immoral” for Britain to claim to be a compassionate country.

For full report, click here

 

INDEPDENDENT REPORTS

Review of the Shortage Occupation List, report by Migration Advisory Committee, October 2023.  

On Thursday, October 5, 2023, the independent Migration Advisory Committee published a comprehensive review of the Shortage Occupation List, which was commissioned by the Government in August 2022 to examine labour shortages using the latest evidence. A key recommendation from the review is that the Shortage Occupation List should be abolished because it increases exploitation risks, undercuts wages, and has high administrative burdens, according to the Migration Advisory Committee. The previous review of the list, which enables more flexible visa conditions for certain occupations, was released in September 2020.

To download the full report, click here

Consultation outcome – Legal aid fees in the Illegal Migration Act: Government Response

In a Consultation Response last week, the Government confirmed a 15% increase in legal aid hourly fees for immigration work related to the Illegal Migration Act. The fee rise comes after a June 2023 consultation on legal aid rates for immigration cases.

According to Lord Bellamy KC, Parliamentary Under-Secretary of State for Justice, the 15% fee increase meaningfully improves remuneration and fairly acknowledges the expectations placed on practitioners by the Illegal Migration Act. The government views the fee hike as a step forward in compensating lawyers undertaking cases under the new legislation.

To read the full Paper, click here

The Truth about Channel crossings and the impact of the Illegal Migration Act, report by Refugee Council, October 2023.

A briefing paper published by the Refugee Council on Thursday finds that 75% of asylum seekers who have crossed the English Channel by small boat so far in 2023 would likely be recognized as refugees if their claims were processed in the UK. However, under the new Illegal Migration Act, these individuals cannot have their asylum cases heard in Britain.

The Refugee Council notes that most current nationalities crossing the Channel have very high initial asylum grant rates. But the law allows removal to countries of origin or third countries, which the Refugee Council says will not be possible in most cases – their calculations suggest only 3.5% of arrivals could be returned home. Even if some are sent to Rwanda, the number is far below Channel crossing levels. Consequently, tens of thousands of refugees will be denied status and left in limbo in the UK due to the legislation.

To download the full report, click here

Mixed emotions make migrants threatening, polluting and irrelevant – University of Birmingham, by Dr Melanie Griffiths BA (Oxon), MA, DPhil, University of Birmingham.

From Home Office administration to immigration detention centres and judicial appeals, the UK’s immigration system is both emotional and emotionless.

Dr Griffith explores this political rhetoric around migration in her latest publication. To read the full Paper, click here

 

HOME OFFICE GUIDANCE & POLICY DOCUMENT UPDATES

 

  • Collection of current Immigration Rules has been fully updated on 5th October 2023. To view the full Collection, click here

 

  • Immigration Rules Appendix Adult Dependent Relative has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Child staying with or joining a Non-Parent Relative (Protection) has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Family Reunion (Protection) has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Afghan Relocation and Assistance Policy (ARAP) has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Ukraine Scheme has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Skilled Worker has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Hong Kong British National (Overseas) has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Service Providers from Switzerland has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Government Authorised Exchange schemes has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Temporary Work – International Agreement has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Graduate has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Temporary Work – Charity Worker has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Immigration Rules Appendix Temporary Work – Religious Worker has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • EU Settlement Scheme: caseworker guidance has been updated on 5th October 2023. To view the updated Appendix, click here

 

  • Form: Application for registration as a British citizen (form ARD) has been updated on 4th October 2023. To view the updated Appendix, click here

 

  • Transparency data: Migrants detected crossing the English Channel in small boats has been updated on 4th October 2023. To download the latest data, click here

 

  • Guidance: How to apply for British citizenship as a person of Chagossian descent has been updated on 4th October 2023. To view the updated Guidance, click here

 

  • Asylum accommodation factsheets have been updated on 3rd October 2023. To view the latest information, click here

 

  • Caseworker Guidance: Homes for Ukraine Sponsorship Scheme has been updated on 29th September 2023. To view the updated Guidance, click here

 

Stay tuned for more Immigration News next week!

SIGN UP TO OUR NEWSLETTER!
Subscribe and receive updates of the happenings in the law & training events and £10 coupon!  
0

Your Cart