Many foreign students to lose right to bring family to UK – BBC News
Foreign postgraduate students on non-research courses will no longer be able to bring family members to the UK, under new immigration curbs. The announcement has been made two days before official statistics are expected to show legal migration has hit a record 700,000 this year. Last year, 135,788 visas were granted to dependants of foreign students, nearly nine times the 2019 figure. To view the full article, click here
To view the official speech made by the Secretary of State for the Home Department click here
British Nationality (Regularisation of Past Practice) Bill has been released – Parliament
The UK Government has taken an important step by introducing the British Nationality (Regularisation of Past Practice) Bill. This Bill aims to address the confusion that emerged following the Roehrig judgment in the High Court, specifically regarding British Citizenship of children born in the UK between 1983 and 1 October 2000 to EU national parents. By enshrining a longstanding historical policy into law, the Bill will ensure that EU, EEA, and Swiss nationals who were living in the UK during that period and exercising their free movement rights will be recognized as settled.
This crucial measure safeguards the nationality rights of individuals who were born in the UK to parents considered settled under this policy, as well as those who acquired British citizenship through registration or naturalization based on that policy. Additionally, the Bill provides clarity on when EU, EEA, and Swiss nationals can be deemed settled when exercising equivalent rights in Jersey, Guernsey, and the Isle of Man, which are considered part of the UK for nationality purposes.
To download the full Bill, click here
UK immigration stats: headline figure will not tell the whole story – The Guardian
The release of official statistics is often the focus of political scrutiny, but the latest annual figures for overall net migration to the UK, are sufficiently anticipated that they have prompted two separate policy announcements already. On Tuesday, Suella Braverman rushed through a plan to reduce the number of people arriving via student visas by greatly limiting the scope for them to bring along family members. To read the full article, click here
Seafood sector jobs to be added to the Shortage Occupation List
From the summer, share fishermen, trawler skippers and experienced deckhands on large fishing vessels will benefit from lower fees and salary requirements. This will ensure that the fishing sector can continue to access the talent it needs at a reduced cost. To view the full article, click here
Tory housing plan will put refugees’ lives at risk – The Guardian
The same day that better protection for UK renters was announced (Report, 17 May), it was disturbing to read that basic safety rules could be overlooked for asylum seekers’ accommodation (Asylum seekers in England and Wales to lose basic protections in move to cut hotel use, 16 May). The way to address the pressure on asylum accommodation would be to tackle the huge backlog of people waiting for decisions rather than throwing regulations out the window and potentially putting people’s lives and safety at risk. No one in our country should be denied basic safety checks that could protect them against risks such as fires or carbon monoxide poisoning.
To read the full article, click here
UK net migration has more than doubled from pre-Brexit levels, figures set to show – The Financial Times
Speaking at a press conference after the G7 summit in Hiroshima on Sunday, Sunak insisted numbers needed to fall but declined to say how he would achieve that goal. “I think the numbers are too high and I am committed to bringing them down without getting into specific measures.”
Advocates of much lower overall migration, such as the campaign group Migration Watch, are not easily persuaded by these tactics. “The government must not be allowed to use the boats to divert attention away from the catastrophic levels of legal migration for which they are largely responsible,” said Alp Mehmet, a former British diplomat and chair of the group.
To read the full article, click here
Archbishop of Canterbury to take lead in attempt to soften UK Immigration Bill – The Guardian
The archbishop of Canterbury is expected to step up his opposition to the government’s Illegal Migration Bill this week, as the controversial plans is subjected to detailed scrutiny in the House of Lords.
In a highly unusual move for such a senior cleric, Archbishop Justin Welby is ready to take the lead by tabling a series of amendments to legislation he has described as “morally unacceptable”, colleagues in the House of Lords say. To read the full article, click here
CASE LAW
Sicwebu v Secretary of State for the Home Department [2023] EWCA Civ 550
This appeal with a complex procedural history centres around the “unduly harsh” test applied to Mr. Sicwebu, a foreign national offender convicted of a serious crime and facing deportation. The argument put forth by the appellant is that it would be excessively difficult for his British wife and dependent children to relocate to South Africa with him. Furthermore, they contend that it would be unduly harsh for the entire family to be separated from him, considering his roles as a husband, father, breadwinner, and provider of support.
Reintegrating in South Africa presents significant challenges. While the appellant and his wife are no longer anonymous, I will refer to the children by their initials when necessary.
The initial deportation decision was appealed, and the First-tier Tribunal Judge O’Callaghan determined that it would be unduly harsh for Mrs. Sicwebu to move to South Africa. However, the judge wrongly concluded that it would not be unduly harsh for her and the children to remain in the UK without him, considering factors such as the seriousness of the offense. Following additional representations, the Secretary of State for the Home Department (“the SSHD”) made a new deportation decision, which was also appealed. First-tier Tribunal Judge Khan allowed the appellant’s appeal based on Article 8 grounds, ruling that deportation would be disproportionate in this case. However, the Upper Tribunal later deemed this decision legally flawed and set it aside.
To read the full decision, click here
Our recently live online course: Resisting Deportation led by David Jones is now on sale as a recording See here
MS (judicial interventions; complaints; safety concerns) Bangladesh [2023] UKUT 00114 (IAC)
Some interesting points have been raised in the UT decision regarding an Order of Anonymity.
Judge Kamara has stated that when it comes to judicial interventions, the impact of overbearing and intimidating behaviour towards a representative cannot be overlooked. It not only leads to an unfair hearing but also creates the perception of bias among fair-minded observers. Furthermore Judges, while maintaining control over proceedings, should also conduct hearings in a way that brings out the best from all participants, ensuring justice and reaching high-quality decisions. Active listening, guidance, and patience are essential in steering parties towards the crucial issues at hand. Additionally – prompt attention, detail, and sensitivity must be given to concerns regarding personal safety raised by representatives. Furthermore, it is discouraged to include a copy of a formal complaint about a judge when submitting an appeal notice, as these processes should be kept separate. The existence or content of a complaint should not influence the determination of any error of law in the First-tier Tribunal’s decision and reasoning.
To read the full decision, click here
HOME OFFICE GUIDANCE AND POLICY DOUCTMENT UPDATES
- Guidance Visa processing times has been published on 22nd May 2023 For applications inside the UK, click here For applications made outside the UK, click here
- Asylum accommodation factsheets have been updated on 24th May 2023. To view the full information, click here
- Windrush Scheme application form (UK) has been updated on 24th May 2023. To access the form, click here The casework Guidance on Windrush Scheme has also been updated in line with this which can be accessed here
- Policy Paper British Nationality (Regularisation of Past Practice) Bill has been updated on 24th May 2023. To view the Paper, click here
- Transparency data on Migrants detected crossing the English Channel in small boats has been updated on 24th May 2023. To view the data, click here
- Economic Crime Strategic Board minutes and agenda held on 29 March 2023 has now been published. The minutes can be viewed here
- Collection on Visas and immigration operational guidance has been published on 22nd May 2023. This includes updates to Asylum guidance, Enforcement guidance, Entry clearance guidance, Fees and forms, Immigration rules archive, Immigration staff guidance, Nationality guidance and Windrush guidance. To view the full collection, click here
- Guidance on Home Office immigration system statistics has been updated on 22nd May 2023. To view the Guidance, click here
- Caseworker Guidance on Ukraine Extension Scheme has been updated on 19th May 2023. To view the Guidance, click here
