Immigration News Weekly Roundup – 17 February 2023

This week we witnessed yet another update to the Guidance on Clandestine Entrant Civil Penalty Scheme. Reminder, that this same document was also updated last week. This echoes the Governments determination to control unlawful migration in the country.

In their effort to curb migration, international students are now also under the Governments radar for restricted number of entries.  The Education Secretary, Ms Keegan who disagreed with the Home Offices plan, heavily contested this proposition and prompted how international students provide an invaluable financial boost to the economy.

The Migration Advisory Committee (MAC) has published a very useful report this week which reviews how they will be assessing the shortage occupation list in near future. This report is instrumental for UK immigration advisors, as it will assist on gaining insight to advise their business clients on employment roles, which could be included under their Sponsor License for international recruitment.  In line with this, a report from Centre for European Reform on the serious shortage of labour faced by the UK market following Brexit.  This has led to more and more businesses now applying for Sponsor Licenses to retain EU and Non EU labour for sustainability of their business.

Consequently, this has also led for the Home Office to revise and update their policy and guidance relating to Sponsor Licence applications.

Given the high demand for training due to the significant revisions to Sponsor Licence regime and yet the growing instructions in this area, HJT brings you its most sought Sponsor License Masterclass and Right to Work Checks. Special offer to book both courses, for more information and information on course coverage, click here

This and more covered for you in our Immigration News Weekly Roundup.

NEWS

Arrivals to the UK told to prepare for disruption at the border during February half-term – Home Office

The UK Government has undertaken extensive planning to minimise disruption ahead of Border Force strike action between the 17 and 20 February, including training military personnel, civil servants and volunteers from across government to step in and keep our border safe. To read more, click here 

People smuggling gang jailed for 26 years – Home Office

Members of an organised crime group which smuggled more than a dozen Middle Eastern nationals into the UK have been jailed for a combined 26 years. Four women and three men, aged between 24 and 51, were caught following an investigation by the Home Office’s Criminal and Financial Investigations (CFI) unit. To read more, click here

Asylum seekers in hotel targeted by rioters put under curfew as security increased – The Independent

Asylum seekers living in a Merseyside hotel that was targeted by violent protesters have been put under a daytime curfew. Some residents are also being given “security awareness training”, but the hotel won’t be evacuated by the Home Office, despite a continuing online frenzy stoked by far-right groups. To read the full article, click here 

Court allows review of UK visa rejections for ex-BBC journalists in Afghanistan – The Guardian

Eight former BBC journalists who had their applications to relocate from Afghanistan to the UK rejected, are expecting their cases to be reconsidered after they successfully challenged the rationale behind the refusals at the high court. To read more, click here 

Modern slavery survivors could be re-trafficked in UK, charities warn – The Guardian

Fears are mounting that modern slavery survivors could be left at risk of re-trafficking within the UK due to a lack of resources to support them, charities are warning.

The Salvation Army said it had recently taken an “unprecedented emergency measure” to temporarily suspend accepting referrals of potential victims, while other charities doing similar work said the system appeared to be at breaking point.

Gillian Keegan at odds with Home Office plan to restrict overseas students

Education secretary says UK ‘should be very proud of’ university sector, amid briefings with Suella Braverman. To read more, click here 

INDEPENDENT REPORTS

Methodology for the MAC shortage occupation list

The Migration Advisory Committee has reviewed the methodology used to assess shortage in the labour market. The paper also details how the MAC will assess the shortage occupation list in future. The accompanying dashboard allows stakeholders to review the data held on their occupation. To download the report, click here

Early Impacts of the Post-Brexit Immigration System on the UK Labour Market , report by John Springford and Johnathan Portes, Centre for European Reform 

The report presents findings of shortfall of labour in the UK market as a consequence of Brexit, particularly with semi-skilled and low waged sectors. To download the report, click here 

Right to Rent scheme: Phase two evaluation

This evaluation reports on the impact of phase two of the Right to Rent scheme and includes content on the process of its implementation. To download the report, click here 

Compliant environment: overarching equality impact assessment – Home Office

Report published by the Home Office consist of four new documents that review the ‘compliant environment’, a.k.a. the ‘hostile environment’ immigration policy. The report reveals the six measures make up the compliant environment framework, to ensure that only people who are eligible and in the UK legally have access to the following areas: work; housing; public funds/benefits; healthcare; bank accounts; driving licences. To download the report, click here

LGBTQI+ people’s experiences of immigration detention: A pilot study by Dr Laura Harvery, February 2023 Rainbow Migration 

An insight report by Dr Harvey how the immigration detentions fail to offer a safety for LGBTQI+ persons.  The report details experiences of victims of direct verbal homophobic bullying whilst in in custody.

To download the report, click here 

CASE LAW

The King (on the application of) AB and Secretary of State for the Home Department [2023] EWHC 287 (Admin)

The Court addressed the issue whether Afghans were subjected to different treatment from Ukrainians pursuant to Article 14 ECHR when it came to ease of entry clearance and provision of biometrics.

As a part of her concluding comments, Mrs Justice Leiven stated:

“….I also consider that the nature of the reasons put forward, which go to both diplomatic and foreign policy considerations and to national security, are such that the Court should give very significant weight, or a wide margin of appreciation, to the Defendant. It is not for this Court, save in the clearest of cases, to go behind these type of considerations.”

To download the decision, click here

HOME OFFICE DOCUMENT UPDATES

  • EU Settlement Scheme quarterly statistics, March 2023 has been published on 14th February 2023. To access the report, click here 
  • Immigration and nationality refunds policy: caseworker guidance has been published on 13th February 2023. To access the document, click here
  • Guidance: Clandestine Entrant Civil Penalty Scheme has been updated on 13th February 2023. To access the document, click here
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