Immigration News Weekly Roundup – 20 January 2023

From Monday 13 February 2023, the law on Clandestine Entrant Civil penalties is changing. The scheme on Clandestine Entrant Civil Penalty Scheme had not been reformed since 2022 therefore a consultation on its amendments was launched last summer. The government response has now been published, setting out a number of reforms.  This reflects the Government hard stance on migrants who are crossing borders without a valid grant of entry.

The controversial Rwanda Policy that was ruled as legal by the High Court recently, saw another development this week. The Court of Appeal has granted permission to challenge the High Court’s decision ruling as unlawful.

Independent Chief Inspector of Borders and Immigration (ICIB) finds process for identifying vulnerable adults at risk in immigration detention being ineffective. This report is of immense importance when challenging unlawful detention of migrants.

On the Business Immigration front, Guidance on Licensed Sponsors and Students has been updated. Key changes such as reporting the commencement of employment, virtual checks etc. will come into action this year for all Sponsor License holders.

It is crucial that all business immigration advisors and Human Resource professionals advising and minding Sponsor Licenses for their organisations are aware of these changes and the practical measures needed to be in compliance.

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Considering the latest data on shortage of labour in the UK post Brexit, businesses are actively seeking and open on employing foreign talent. Our Sponsor Licence Masterclass will go through an in-depth understanding on the procedures and requirements to secure Sponsor Licence for such business clients.

Amongst important announcements, a reminder to all immigration advisors about the Solicitors Regulation Authority’s (SRA) recent publication on Guidance on Immigration work released in November 2022. The Guidance lays out important regulatory requirements on how the SRA’s rules apply in delivery of immigration work, advisors’ obligations to provide proper standard service and effective supervision. There is an apparent stress on all advisors also being up to date with their CPD activity.

Considering the fast pace of developments happening in UK immigration, both the SRA and the OISC have started applying a very strict scrutiny on the quality of immigration advice dispensed and the fact that these must be done by individuals under their official registers.

Similarly, OISC has published on their social media that all immigration advisors claiming to be regulated by them, must be on their official register. Considering the rise of unregulated advice being passed to vulnerable migrants, risking their immigration record whilst charging them a fee, the OISC are practicing a zero tolerance policy towards sham practices alleging regulation under their umbrella.

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These 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.


SRA’S Guidance on Immigration work 

Important to note for all immigration advisors, the SRA has updated its Guidance towards your obligations for carrying out immigration instructions and how to comply with them whilst exercising regulatory functions. To read the Guidance in full, click here 


Court of Appeal to reconsider ruling that Rwanda policy to deport asylum seekers is lawful – The Independent

Asylum seekers and a charity have been granted permission to appeal the High Court findings that Rwanda asylum deal is lawful. In December, judges found that the overall policy was legal but overturned the Home Office’s decisions to deport eight people selected for transfer. To read the full report, click here 

Brexit Rules Cost Britain 330,000 Workers, Economists Say – Bloomberg

Brexit immigration curbs have led to a shortfall of 330,000 workers in the UK, contributing to a tighter labour market and fuelling inflation, a report showed. The end of freedom of movement following the UK’s departure from the European Union, an analysis by the Centre for European Reform found, has hit low-skilled sectors including retail and hospitality hardest. To read the full article, click here 

Suella Braverman confronted by Holocaust survivor over ‘invasion’ rhetoric – BBC News 

The home secretary has said she will not apologise for her language, after a Holocaust survivor criticised her for describing migrants as an “invasion”.

Joan Salter, 83, confronted Suella Braverman during a meeting in her Fareham constituency on Friday. She said the Home Secretary’s language reminded her of the language the Nazis used to justify murdering her family. To read more, click here 

Boy stabbed refugee after knife sentencing – court BBC News

A boy has admitted he fatally stabbed an Afghan refugee in a London park just hours after being sentenced for having a knife, a jury has heard. To read the full report, click here 

More than 100 migrants cross Channel to UK as French coastguard rescues 45 – The Independent

More than 100 migrants arrived in the UK after crossing the Channel as 45 were rescued when a boat got into difficulty. The Ministry of Defence (MoD) said 106 migrants made the journey in two boats on Tuesday. To read the full article, click here

Rishi Sunak urged to reunite Afghans refugees with their families – Evening Standard

Afghan activists and charities have written to the Prime Minister calling on him to reunite thousands of Afghan refugees in the UK with their families. To read more, click here 


AAA and others -v- The Secretary of State for the Home Department – [2022] EWHC 3230 (Admin)

In relation with the Rwanda policy, the Court of Appeal has, in part, granted applications for permission to appeal made by the individual Claimants in AAA, and by HTNRMASMAS, and Asylum Aid. Applications for permission to appeal by AB and SAA were refused.  To read the full decision, click here

To read the High Court’s earlier ruling that rendered the Rwanda policy lawful, click here 


Immigration solutions to labour shortages in the UK – Mishcon de Reya

The number of job vacancies in the UK has reached a record high in recent years. According to the latest figures from the Office for National Statistics (ONS), the number of job vacancies in September to November 2022 was 1,187,000, with the number of vacancies for all industries in the UK continuing to remain above pre- COVID-19 levels. Read more for insightful solutions in an independent article as published by Mischon de Reya here

Independent report : Third annual inspection of Adults at Risk Immigration Detention June to September 2022

David Neal publishes final ‘adults at risk’ inspection as Home Secretary cancels the annual report – this can be downloaded from here 


  • Guidance Register of licensed sponsors: workers has been updated on 18th January 2023. To access the updated register, click here 
  • Guidance Register of licensed sponsors: students has been updated on 18th January 2023. To view the document, click here 
  • Guidance Right of abode: caseworker guidance has been updated on 18th January 2023. To view the document, click here 
  • Guidance Exchange rate policy has been updated on 17th January 2023. To view the document, click here
  • Guidance Vietnam: country policy and information notes has been updated on 17th January 2023. To view the document, click here
  • Form Register as a BOTC and British citizen (form BIOT) has been updated on 17th January 2023. To view the document, click here 
  • Guidance Prove your English language abilities with a secure English language test (SELT) has been updated on 17th January 2023. To view the document, click here 
  • Guidance Endorsing bodies: start-up visa has been updated on 17th January 2023. To view the document, click here 
  • Guidance Endorsing bodies: innovator visa has been updated on 17th January 2023. To view the document, click here 
  • Collection Armed forces (immigration staff guidance) has been updated on 13th January 2023. To view the document, click here  
  • Form Application for review when British citizenship is refused: form NR has been updated on 13th January 2023. To view the document, click here   
  • Clandestine Entrant Civil Penalty Scheme guidance and other materials have been updated on 16th January 2023. To access the materials, click here 
  • Consultation outcome Clandestine Entrant Civil Penalty Scheme has been released on 17th January 2023. To view the outcome, click here 
  • Policy paper Nationality and Borders Bill: Chagossian nationality factsheet has been updated on 16th January 2023. This can be found here 
  • Guidance EU Settlement Scheme: caseworker guidance has been updated on 16th January 2023. This can be found here 
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