Concerns raised regarding the shortage of staff in the UK labour market. This was brewing on the news front since a few weeks ago. The announcement of India trade deal to encourage talented individuals under Youth Professionals Scheme got the go ahead, following Rishi Sunak and Indian PM Mr Modi’s meeting. This brings a breath of fresh air on migration and business front for the UK.
Interesting decisions have been issued on two very complex cases this week. The case of C3 & C4 discussed the limitations of Judicial review when it came to circumstances relating to foreign policies, to exercise habeas corpus.
The case of Abdihakin Elmi brought to light how criminal element can form a significant element of an asylum proceeding, on this occasion involving the usage of false identity document to enter the UK.
Amongst other Policy documents, on the Business Immigration front Guidance for High Potential Individual and Scale-up has been updated by the Home Office.
We are expecting more changes to come, as the National Security Bill has reached its last stage in the House of Commons. We will keep you updated as more information on this unfolds.
Such updates and more highlights on immigration developments from the news media, case-law determinations and Home Office Policy documents updated for this week, covered in our newsletter below
Also…..HJT has scheduled a Live online Flash course: New Rules, Same Old? (Statement of Changes) – Led by Mark Symes and David Jones, the course is structured to ensure that the delegates are fully informed of the upcoming developments to the Rules in the light of Statement of Changes to solicit the most effective advice in their clients’ best interest. To know more about the course and for online bookings, see here
NEWS
National Security Bill reaches last stage in the House of Commons – Home Office
It will be an offence to improperly interfere with UK’s democracy and civil society through disinformation or by attacking our electoral processes. Attempting to sabotage our critical national infrastructure – either by damaging a government or military building or by directing a ransomware attack – will also be illegal under the new offences. To read the full article, click here
Rishi Sunak’s UK-India visa scheme hailed by industry, student groups – Business Insider
Industry and student groups in Britain have welcomed the new UK-India Young Professionals Scheme launched by Prime Minister Rishi Sunak, calling it a great step in ensuring the smooth movement of top talent between markets.
The scheme launched on Wednesday will be up and running from early next year to offer up to 3,000 visas annually to Indian students and professionals aged between 18 and 30 to live and work in the UK for 24 months, with British nationals granted a similar offer for India.
To read the full article, click here
Continuing competence- creating the best approach for your firm.
The Solicitors Regulation Authority conducted a live training this week, emphasizing on the importance of continuous learning throughout the year, maintaining CPD records and what constitutes as a ‘good training provider’ in the context of satisfying CPD requirements. A recording of the training may be viewed here
We are the trusted training providers for all leading regulators, which includes the SRA for Immigration courses. All our courses meet the SRA requirements for CPD purposes. We have a wide spectrum of immigration courses available for immigration advisors to update their CPD record throughout the year, which can be viewed on our course archive here
Rishi Sunak refuses to put ‘arbitrary number’ on cutting migration – The Telegraph
The Prime Minister said he is “committed to getting migration down over time” but does not intend to set a specific target. Speaking as he attended the G20 summit in Bali, Mr Sunak told GB News: “The Government’s policy, and my policy, is that we will want to reduce net migration over time. To read the full article, click here
UK strikes revised deal with France on Channel migrants – BBC News
The UK will pay France £8m more a year under a revised deal to try to stop people crossing the English Channel in small boats. The money will pay for increased surveillance of French beaches, while UK police officers will also be able to observe patrols within France. To read the full article, click here
CBI urges Jeremy Hunt to relax immigration rules to ease UK staff shortages – The Guardian
The head of the Confederation of British Industry (CBI) said urgent action was required from the chancellor on Thursday to bolster the economy, including “tough political choices” to allow more overseas workers in Britain as employers struggle with a desperate lack of staff. To read the full article, click here
Immigration minister vows ‘Hotel Britain’ will end for migrants to deter ‘asylum shopping – SKY News
Robert Jenrick claims that conditions for asylum seekers in the UK are “almost always better” than in neighbouring countries, adding that this encourages “economic migrants” who are “asylum shopping”. To read the full article, click here
CASE LAW
Abdihakim Elmi v Rex [2022] EWCA Crim 1428
Appellant, a Somalian national arrived at Heathrow airport in August 2010 and used a false Norwegian passport to attempt entry to the UK. The Appellant was interviewed by the Home Office following which, his application for asylum was refused. On the same date a deportation order was signed. An appeal was lodged against the deportation order which led to that order being withdrawn. Following further representations, in 2013 a second deportation order was made pursuant to section 35(5) UK Borders Act 2007. Following his successful FTT appeal, the appellant was granted humanitarian protection within Rule 339C under Part 11 of the Immigration Rules. He did not appeal against the refusal of asylum – his case is that he had no need to do so because he had been granted an equivalent right to remain on humanitarian grounds.
The Appellant remained in the UK. Although his conviction lies many years in the past, he still encounters difficulties because of it. He has been unable to secure certain types of employment because of his criminal record, and his application for British citizenship has been refused.
The appeal was allowed, and conviction quashed. The Court of Appeal concluded “the failure to raise the section 31 defence in this case, which defence would quite probably have succeeded, has led to a clear injustice. This appellant would probably have been acquitted if he had raised the section 31 defence. Nothing that has occurred subsequently casts doubt on the fairness of that outcome, for example, by showing that he was not, in fact and law, a refugee at that time.”
To read the decision in full, click here
C3 & C4 v Secretary of State for Foreign, Commonwealth & Development Affairs Neutral Citation Number: [2022] EWHC 2772 (Admin)
Applications for habeas corpus made on behalf of two British women and their children (C3 & C4) detained in a camp in northeast Syria to secure their release from the detention in the camp.
Secretary of State contented that the Appellant’s circumstances were as such, would require the habeas corpus to widen its scope beyond the precedence set under the previous case laws.
The Court concluded that there are limitations to Judicial review in situations that require intervention from consular due to foreign relation policies when it comes to repatriating British citizens. The Appellants’ release therefore required Secretary of State to exercise discretion on multiple grounds.
To read the full decision, click here
HOME OFFICE POLICY DOCUMENT UPDATES
- Guidance Immigration Rules archive: 18 October 2022 to 08 November 2022 has been updated on 17thNovember 2022. This can be downloaded from here
- Guidance Legitimacy and domicile: caseworker guidance has been updated on 16th November 2022. This can be downloaded from here
- Guidance EU Settlement Scheme: community support for vulnerable citizens has been updated on 16thNovember 2022. This can be downloaded from here
- High Potential Individual: caseworker guidance been updated on 16th November 2022. This can be downloaded from here
- Policy paper Afghanistan resettlement and immigration policy statement has been updated on 16th November 2022. This can be downloaded from here
- Guidance Borders, immigration and citizenship: privacy information notice has been updated on 16thNovember 2022. This can be downloaded from here
- Guidance Scale-up worker caseworker guidance has been updated on 14th November 2022. This can be downloaded from here
- Policy paper : Next phase in partnership to tackle illegal migration and small boat arrivals has been published on 14th November 2022. This can be downloaded from here
- Guidance Additional family members under Pathway 3 of the Afghan Citizens Resettlement Scheme has been updated on 11th November 2022. This can be downloaded from here
- Policy paper Nationality and Borders Bill: Chagossian nationality factsheet has been updated on 11thNovember 2022. This can be downloaded from here
- Guidance Sponsor a Scale-up Worker has been updated on 10th November 2022. This can be downloaded from here
- Guidance Voluntary Returns Service (VRS) stories of return have been updated on 10th November 2022. This can be downloaded from here
