Immigration News Weekly Roundup – 6 September 2024
In a significant development for UK immigration, the Home Office has acknowledged an error in the March 2024 immigration rules update concerning salary going rates for skilled worker visas. Sponsors are now directed to use the guidance updated on 10 July 2024, rather than the incorrectly stated rates in Appendix Skilled Occupations when issuing certificates of sponsorship. This correction affects the skilled worker route, which underwent major reforms on 4 April 2024, including increased salary thresholds and updated occupation code rates. The Home Office has confirmed that visa applications will be assessed based on the corrected rates in the guidance.
Tragic news has emerged from the English Channel, where at least 12 people, including six children and a pregnant woman, lost their lives when their boat ripped open during an attempted crossing. Despite this tragedy, reports indicate that desperate migrants continue to attempt the perilous journey across the Channel.
Concerns have been raised about the treatment of vulnerable women in Home Office asylum seeker hotels. Research by the charity Women for Refugee Women has uncovered instances of coercion and control by Home Office contractors, affecting women who have fled rape, forced marriage, and sexual exploitation. This report marks the first study specifically focusing on women’s experiences in such accommodation.
Many prominent charities have warned that the UK government’s policy of increasing immigration raids and detaining undocumented migrants is driving more people underground, heightening their risk of exploitation. These organizations are calling on the Home Secretary to simplify the process for undocumented migrants to regularize their status, thereby reducing their vulnerability to exploitative employers and human trafficking gangs.
Political controversy has arisen as court documents revealed that former immigration minister Robert Jenrick inquired into revoking a Palestinian student’s visa, her visa was revoked in 2023 following her university demonstration supporting Gaza’s resistance to Israel. This case has raised questions about political interference in visa decisions and freedom of speech on university campus’.
The High Court has dismissed a challenge to the lack of legal aid for young asylum seekers who have turned 18 since first claiming asylum to have a legal representative attend their asylum interview. The court concluded that the Lord Chancellor had established an objective justification for the difference in treatment between those under and over 18, citing the well-established use of the 18th birthday as a delineation for state assistance.
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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
Home Office Revises Skilled Worker Visa Rules After Confirming their Error
The Home Office has acknowledged an error in the March 2024 immigration rules update regarding salary going rates for skilled worker visas. Sponsors are now directed to use the guidance updated on 10th July 2024, instead of the incorrectly stated rates in Appendix Skilled Occupations when issuing certificates of sponsorship.
This affects the skilled worker route, including increased salary thresholds and updated occupation code rates. The error impacts various categories of applicants, including those under transitional provisions. The Home Office has confirmed that visa applications will be assessed based on the corrected rates in the guidance rather than those in the current version of the rules.
To visit the updated Guidance, click here
French police clear site where victims of Channel tragedy are said to have lived – The Guardian.
French police have cleared a camp believed to have been used by some of the dozen people, including six children, who died after their dinghy ripped apart in the Channel.
For full report, click here
Robert Jenrick inquired into revoking Palestinian student’s visa – The Guardian
The former immigration minister and Conservative leadership hopeful Robert Jenrick inquired into revoking a Palestinian student’s visa, court documents have revealed. Dana Abu Qamar, 20, a law student who led the Friends of Palestine society at the University of Manchester, was stripped of her visa in 2023 after speaking at a university demonstration on Gaza’s historical resistance to Israel’s “oppressive regime” and a subsequent interview with Sky News.
For full report, click here
Women fleeing rape face coercion and control by Home Office contractors – The Guardian
Women who have fled rape, forced marriage and sexual exploitation are being subjected to coercion and control by Home Office contractors in hotels, according to new research. The charity Women for Refugee Women has carried out the first research specifically focusing on the experiences of women in Home Office asylum seeker hotels. The researchers include seven women who have previously lived in such accommodation.
For full report, click here
Funeral of refugee activist Viraj Mendis to draw mourners from all over Europe – The Guardian
Refugees and Human Rights activists are making their way to Bremen in north-west Germany for the funeral of a man who fought for freedom and safety for asylum seekers. Viraj Mendis came to prominence after seeking sanctuary in a Manchester church where he spent two years in the 1980s. He died aged 68 on 16 August in Bremen, which offered him sanctuary after he was deported from the UK.
For full report, click here
UK immigration strategy increases risk of exploitation, say charities – The Guardian
The government’s policy of ramping up immigration raids and detaining and deporting undocumented migrants is driving more people underground and increasing their risks of exploitation, dozens of charities have warned.
For full report, click here
How many people cross the Channel in small boats and how many claim asylum? – BBC News UK
As of 2 September 2024, 21,403 people had crossed the Channel. That is more than in the same period in the previous year, but fewer than in 2022. In 2023 as a whole, 29,437 people came to the UK in small boats. The 2022 total of 45,755 was the highest since figures were first collected in 2018. Since 2018, more than 135,000 people have come to the UK by this route.
For full report, click here
Firms fined thousands for employing illegal staff – BBC News UK
Immigration Enforcement figures reveal Akash Tandoori, an Indian restaurant in South Benfleet, was fined £40,000, the biggest penalty in the county. Sunu’s Kitchen, another Indian restaurant in Thorpe-le-Soken, and Great Dunmow-based Flitch Hand Car Wash were fined £20,000 and £15,000 respectively.
For full report, click here
Case Law
R (Alhasan) v Director of Legal Aid Casework & Anor [2024] EWHC 2031 (Admin).
The High Court has dismissed a challenge to the lack of legal aid for young people who have turned 18 since first claiming asylum to have a legal representative attend their asylum interview. The case centered on whether the different treatment of those who had turned 18 by the time of their interview was incompatible with Article 14 of the European Convention on Human Rights.
The court concluded that the Lord Chancellor had established an objective justification for the difference in treatment, citing the well-established use of the 18th birthday as a delineation for state assistance. The challenge to the exceptional case funding decision was also dismissed, with the court finding no unlawfulness in the Director of Legal Casework’s assessment.
For full decision, click here
Home Office Guidance And Documents Policy Updates
Guidance: Register of licensed sponsors workers has been updated on 04th September 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsors students has been updated on 04th September 2024. To view the updated Guidance, click here
Guidance: China tuberculosis test clinics for a UK visa has been updated on 03rd September 2024. To view the updated Guidance, click here
Guidance: Malaysia tuberculosis test clinics for a UK visa has been updated on 03rd September 2024. To view the updated Guidance, click here
Guidance: Nigeria tuberculosis test clinics for a UK visa has been updated on 03rd September 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 03rd September 2024. To view the updated Guidance, click here
Guidance: Visa processing times applications outside the UK has been updated on 02nd September 2024. To view the updated Guidance, click here
Guidance: Family customer service standards has been updated on 02nd September 2024. To view the updated Guidance, click here
Guidance: Illegal working penalties Midlands and East has been updated on 31st August 2024. To view the updated Guidance, click here
Guidance: Illegal working penalties North East, Yorkshire and Humberside has been updated on 31st August 2024. To view the updated Guidance, click here
Guidance: Illegal working penalties Scotland and Northern Ireland has been updated on 31st August 2024. To view the updated Guidance, click here
Guidance: Illegal working penalties London and the South East has been updated on 31st August 2024. To view the updated Guidance, click here
Guidance: Illegal working penalties Wales and the South West has been updated on 31st August 2024. To view the updated Guidance, click here
Guidance: Illegal working penalties Northwest has been updated on 31st August 2024. To view the updated Guidance, click here
Guidance: Illegal working civil penalties anonymous regional report has been updated on 31st August 2024. To view the updated Guidance, click here
Guidance: Changes to the commercial partner visa application services has been updated on 30th August 2024. To view the updated Guidance, click here
Written by Shareen Khan
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