Immigration News Weekly Roundup – 8 November 2024
This week, the UK’s immigration system is displaying significant systemic failures across two critical areas: the asylum process and post-Brexit EU settlement. In the asylum system, the shocking revelation of cases lingering for up to 17 years, despite government pledges to clear the backlog, highlights a deeply entrenched administrative crisis. This is paralleled by equally concerning issues in the EU Settlement Scheme, as evidenced by the distressing case of forcible removal amidst an extensive application backlog, where an individual was given just three day’s notice despite having a pending administrative review that could take two years to process.
Both situations demonstrate a pattern of administrative inefficiency and potentially harsh enforcement practices that appear to prioritise quick removals overdue process, raising serious questions about the Home Office’s ability to manage immigration fairly and efficiently in post-Brexit Britain.
Adding further to the post Brexit trials, the recent High Court case (Here for Good v Home Office) challenges August 2023 rule changes that removed the right of appeal for late EUSS applicants, limiting them to judicial review only.
The court dismissed all three grounds of the challenge, ruling that the procedural safeguards in Article 18(1)(r) of the Withdrawal Agreement do not apply to decisions about late applications, and that judicial review is a sufficient remedy.
The court’s dismissal of Here for Good’s challenge effectively validates the Home Office’s stricter approach to late applications, even as cases like the forcible removal highlight the human cost of administrative delays and limited appeal rights in the post-Brexit immigration system.
In a significant development for migrant care workers’ rights in the UK, Salford council has become the nation’s first signatory to a ground breaking charter developed by Unison and care workers themselves. The initiative particularly addresses the vulnerabilities faced by workers from countries like India, Nigeria and the Philippines, whose immigration status is precariously tied to their sponsored employment.
The charter’s most notable feature is the establishment of an ’employer of last resort’ mechanism to protect workers who lose their positions through no fault of their own, addressing a critical gap in the post-Brexit visa system which currently gives workers only 60 days to find new sponsored employment or face deportation. This agreement also introduces an ‘ethical recruiter list’ to prevent unscrupulous employers from accessing public funds, marking a potentially transformative shift in how migrant care workers are protected within the UK’s healthcare system.
A very important announcement for immigration practitioners preparing appeals. According to the new Practice Direction effective from 1 November 2024, legal representatives must now adhere to strict formatting requirements when preparing appeal bundles. Bundles must be digital, indexed, bookmarked and paginated, with all pages in A4 format unless a larger size is specifically required. The document must use Optical Character Recognition (OCR) to ensure text is software-readable, and any typed text must meet specific formatting requirements including size 12 font with 1.5 line spacing.
The Direction also introduces strict page limits: appellant’s skeleton arguments are limited to 12 pages when prepared by legal representatives, respondent’s reviews to 6 pages, expert reports to 20 pages, and country information evidence schedules to 12 pages. While extensions to these limits can be requested, they must be specifically approved by the tribunal. For witness statements, there’s a new requirement replacing the previous dual-language approach – statements can now be in English but must include signed attestations from both the witness and interpreter confirming the content has been accurately interpreted to the witness in their understood language.
OISC has also published the new Guidance for the use of interpreters and translators. The advisers have a stricter duty to ensure effective communication with clients by using appropriate interpreters and translators. Furthermore, there is now a need to establish clear distinctions between informal and professional contexts. While family members or friends may assist with initial meetings or basic communications, qualified professionals are required for crucial tasks like witness statements or detailed representations.
Advisers must verify interpreters’ competence, ensure confidentiality, and avoid using witnesses as interpreters. For translations, documents must be rendered into English by suitable translators who possess strong bilingual comprehension skills. The guidance emphasises consideration of professional qualifications, particularly membership of bodies like the National Register of Public Service Interpreters (NRPSI), with costs to be discussed upfront with clients.
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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
More than 50 people rescued from Channel, says French coastguard – The Guardian.
More than 50 people have been rescued after attempting to cross the Channel and the bodies of several others were found floating at sea. The French coastguard said 51 people were rescued after a boat got into difficulty when its engine failed off the coast of Audresselles in northern France.
For full report, click here
UK should lead Europe’s people-smuggling investigations, Starmer says – The Guardian.
The UK should take charge of future Europe-wide investigations into people-smuggling gangs as it seeks a new security deal with EU countries, Keir Starmer said on Monday. The prime minister has also indicated that EU leaders have shown an interest in giving the UK access to a key intelligence database used to identify people seeking asylum.
For full report, click here
Union launches charter to protect care workers on sponsored UK visas – The Guardian.
Care workers from countries such as India, Nigeria and the Philippines who faced losing their immigration status in the UK if they left their employers have been promised new protections by a landmark, grassroots deal. The migrant care workers charter is an agreement designed by care workers and the trade union Unison to prevent the exploitation of people on sponsored visas.
For full report, click here
‘We’re leading a horrible life’: the reality of living in UK asylum limbo – The Guardian.
The government has pledged to clear the backlog of 85,839 asylum claims in the hope of making the system function better and cost less. It recently emerged in published freedom of information data that at least 20 cases have been in the system for more than a decade, with the oldest waiting nearly 17 years, and a further 19 cases are between 10 and 16 years old.
For full report, click here
Profits of Home Office asylum housing provider rise to £90m a year – The Guardian.
One of the Home Office’s leading providers of asylum accommodation has increased its profits by tens of millions of pounds, according to its latest published accounts. Clearsprings Ready Homes is one of three Home Office contractors providing asylum accommodation. In the last three years it has made more than £180m net profit.
For full report, click here
UK asylum system would descend into chaos without more hotels, says minister – The Guardian.
Angela Eagle, the minister for borders, security and asylum, said officials had been forced to find more private accommodation for new arrivals and blamed the backlog of tens of thousands of cases built up under the last government.
For full report, click here
EU citizen caught up in Home Office residency backlog forcibly removed from UK – The Guardian.
An EU citizen caught up in a Home Office backlog of applications for post-Brexit residency status has been forcibly removed from the UK. Costa Koushiappis,, a Greek Cypriot, was put onboard a plane to with only three days’ notice.
For full report, click here
New deals with Balkan states to target people smugglers – BBC News UK
The UK will sign new agreements with western Balkan countries to tackle people-smuggling gangs, as part of efforts to bring down small boat crossings. The deals will increase intelligence sharing and cooperation with Serbia, North Macedonia and Kosovo to intercept and arrest the gangs, with the aim of breaking their business models at source.
For full report, click here
How many people cross the Channel in small boats and how many claim asylum? – BBC News UK
Prime Minister Sir Keir Starmer said he will take tougher measures to “smash” the gangs smuggling people to the UK. The UN’s International Organization for Migration (IOM) wants the government to create more safe and legal ways for migrants to reach the UK, to avoid these “preventable” deaths.
For full report, click here
UK to expand digital travel to more visitors – UKVI News
The government is taking major steps towards delivering its ambitious aim to digitise the UK border and immigration system and has today set out new implementation dates for the electronic travel authorisation (ETA) scheme. Everyone wishing to travel to the UK – except British and Irish citizens – will need permission to travel in advance of coming here. This can be either through an ETA or an eVisa.
For full report, click here
Case Law
Here for Good, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 2817 (Admin)
This High Court decision concerns a challenge brought by Here for Good, a charity supporting EU citizens with immigration advice, against changes made to the EU Settlement Scheme (EUSS) by the Home Office in August 2023. The key issue was whether late applicants to the EUSS should have a right of appeal when their applications are rejected for being late, rather than just having access to judicial review. The court held that until someone is permitted to make a late application by showing reasonable grounds for delay, they are not yet an ‘applicant’ entitled to the appeal rights under the Agreement.
For full decision, click here
Independent Reports
OISC Guidance Interpreters and Translators has been published on 4th November 2024.
To view the full Guidance report, click here
New First Tier Tribunal Practice Direction for Immigration Appeals has been published on 1st November 2024. To view the full Guidance report, click here
Home Office Guidance & Documents Policy Updates
Guidance: Register of licensed sponsor’s workers has been updated on 06th November 2024.To view the updated Guidance, click here
Guidance: Register of licensed sponsors students has been updated on 06th November 20204. To view the updated Guidance, click here
Guidance: Namibia: country policy and information notes has been updated on 05th November 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 November 2024. To view the updated Guidance, click here
Guidance: Apply for a British Overseas Territory or Commonwealth country visa has been updated on 01st November 2024. To view the updated Guidance, click here
Guidance: Financial evidence for Student and Child Student visa applicants has been updated on 01st November 2024. To view the updated Guidance, click here
Guidance: High Potential Individual visa: global universities list has been updated on 01st November 2024. To view the updated Guidance, click here
Guidance: Permission to stay as a stateless person caseworker has been updated on 01st November 2024. To view the updated Guidance, click here
Guidance: Wind rush scheme caseworker has been updated on 01st November 2024. To view the updated Guidance, click here
Guidance: Applying to the Wind rush schemes from overseas has been updated on 01st November 2024. To view the updated Guidance, click here
Claim Forms and Guidance: Wind rush Compensation Scheme has been updated on 01st November 2024. To view the updated Form, click here
Guidance: Wind rush Scheme: full eligibility details has been updated on 01st November 2024. To view the updated Guidance, click here
Guidance: Wind rush Compensation Scheme caseworker has been updated on 01st November 2024. To view the updated Guidance, click here
Guidance: Information booklet for asylum applications has been updated on 01st November 2024. To view the update Guidance, click here
Form: Register as a British citizen (form UKF) has been updated on 01st November 2024. To view the updated Form, click here
Written by Shareen Khan
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