Breaking news this week with the announcement of Tech Nation’s closure. From 31st March 2023 following the pull of Government funding. For a decade Tech Nation has served as a trusted Endorsement Body for the Home Office for Global Talent visas in the field of AI and technology. We will bring more details to our readers on this as they unfold in due course, so watch this space.
On a more disturbing front, the leadership of small boats operation has come into force on 31st January 2023. An additional reminder that from Monday, 13 February 2023, the revised law on clandestine entrant civil penalties is also coming into force. Guidance already published on the level of penalties and tacking illegal entries from various countries. More challenges lie ahead for vulnerable refugees in light of the Government’s plan to house them out of hotel and build independent accommodation for them in North Yorkshire.
It is apparent that the Government continues its resistance to curb migration of refugees through channel crossings, however, the UK remains an attractive land to seek refuge, as more entrants are reported to enter the country last week.
The case of Chikwamba and its scope was extensively considered in Shah MD Jahangir Alam & Ataur Rahman v SSHD last week. The fact whether the Appellants living unlawfully in the UK for many years resist their removal on article 8 grounds, or could they continue their family life abroad under Chikwamba principals was analysed critically.
On the Business Immigration front, an important reminder that some key changes to Sponsor License are due to unfold in 2023. At a glance, these will include a stricter focus on Sponsor compliance, possible changes to salary thresholds for certain work routes and revisions to Shortage Occupation List. Changes to procedures and the introduction of “Sponsor a visa” whereby prospective workers can make their applications through a pre populated online form. Further tech facilities such as Manage a Licence will also be introduced, where Sponsors can easily update Home Office with adding any more users to the existing licence.
Given the high demand of training in this area, HJT’s most sought Sponsor License Masterclass and Right to Work Checks Have been scheduled. Full course info or to book click here
NEWS
Tech Nation start-up organisation to close after Government pulls funding – The Independent
Tech Nation, the UK organisation that supports tech start-ups, has announced it will cease operations at the end of March after the Government withdrew its core grant funding. To read the full article, click here
Home Office resumes responsibility for stopping small boat crossings – The Independent
The Home Office is resuming responsibility for operations to tackle small boats carrying migrants across the Channel after eight months under the leadership of the Royal Navy. The move follows the creation announced last month of small new boats operational command (SBOC), bringing together military and civilian staff and the National Crime Agency to co-ordinate the Government’s response. To read the full article, click here
Leadership of small boats operations returns to the Home Office – Home Office
A bolstered response to curb migrant crossings comes into force on Tuesday 31 January, as leadership of tackling small boats in the Channel returns to the Home Office. To read more, click here
First 44 migrants of 2023 cross Channel in small boat – BBC News
Some 44 migrants have been brought to shore in the UK, in the first small boat crossing of the new year. The migrants were picked up by the UK’s Border Force and taken to Dover. To read more, click here
Majority of people on small boats crossing Channel last year are refugees, new analysis shows – Refugee Council
At least 60% of all those who made the dangerous Channel crossing to the UK in small boats last year will be recognized as refugees through asylum process, new analysis from Refugee Council shows. To read more, click here
UK curbs on international student visas would be ‘act of economic self-harm’ – The Guardian
Vice-chancellors fear billions of pounds could be lost because of new restrictions on international students, the result of internal government battles over immigration policy. To read more, click here
Border Force strike: cover staff report getting just two days’ training – The Guardian
Civil servants covering for striking Border Force staff received just two days’ training before taking up their posts, the Guardian understands. During the first set of strikes in December, members of the armed services and staff from Whitehall received between five and seven days of training before being asked to check on crimes such as carrying a false passport, drug smuggling, people trafficking and modern slavery. To read more, click here
Home Office publishes details of £70m contract to house asylum seekers – The Guardian
The Home Office has said repeatedly it wants to move tens of thousands of asylum seekers out of hotels, which are costing about £5.6m a day. But its first attempt to set up such a centre at RAF Linton-on-Ouse, in North Yorkshire, stalled after local opposition, including Conservative politicians and the threat of legal challenges. Since then, no other concrete plans have emerged. To read more, click here
CASE LAW
Shah MD Jahangir Alam & Ataur Rahman v Secretary of State for the Home Department [2023] EWCA Civ 30
Both appellants entered the United Kingdom for avowedly temporary purposes (in 2007) and lived in the UK unlawfully for many years after the expiry in January 2008 and April 2009 respectively of their leave. Both wanted to continue living in the UK, relying on a relationship with a British citizen wife or partner which started and/or continued when they were here unlawfully, to the knowledge of the wife/partner.
Lady Justice Elisabeth Laing considered the issue being:
The main issue on the appeals is whether the decision of the House of Lords in Chikwamba now has any, and if so, what, bearing on the issues which tribunals have to consider when appellants who have been in the United Kingdom unlawfully for many years resist their removal on article 8 grounds, when the fact-finder has decided that they can continue their family life abroad.
The appeals were unanimously refused by Lord Justice Snowden and Lord Justice Peter Jackson with Lady Justice Laing. To read the reasons, access the full decision 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 HTN, RM, ASM, AS, 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
INDEPENDENT REPORTS
Transparency data: Migrants detected crossing the English Channel in small boats
Data on the number of migrants detected crossing the English Channel in small boats without permission to enter the UK each day, from 1 January 2023 has been published. To access the report, click here
Migrant integration: research on immigration legal advice Services – by Jo
Wilding, University of Sussex & Garden Court Chambers
Comprehensive research on the adequacy and availability of legal advice services for forced migrants living in Wales. Wilding calculates that legal aid provision in Wales in recent years only covers around 37% of the need. To read more, click here
Accessing Maternal Health Care in a Hostile Environment, paper by Haleema Adil, Deveney Bazinet, Catherine Cooke, Tiffany Kwok, Poppy Pierce, Sara Hillman, Kate Roll – Research Alliance
An academic report gives insight to the experiences of pregnant refugees, asylum seekers and undocumented migrants in the London borough of Camden accessing maternal health care in a hostile environment. To download the full report, click here
HOME OFFICE DOCUMENT UPDATES
- Windrush Compensation Scheme: caseworker guidance has been updated on 2nd February 2023. To access the document, click here
- Collection UK government support for Chagossians has been updated on 1st February 2023. To access the document, click here
- Policy paper Response to the report on the terrorism acts in 2020 has been published on 31st January 2023. To view the document, click here
- Guidance: Apply for a Ukraine Family Scheme visa has been updated on 31st January 2023. To view the document, click here
- Guidance: Apply for a visa under the Ukraine Sponsorship Scheme (Homes for Ukraine) has been updated on 31st January 2023. To view the document, click here
- Guidance UK visa support for Ukrainian nationals has been updated on 31st January 2023. To view the document, click here
- Collection Immigration Rules have been updated on 30th January 2023. To view the full collection that has been updated, click here
- Temporary permission to stay for victims of human trafficking and slavery: caseworker guidance had been updated on 30th January 2023. To view the document, click here
- Statutory guidance Modern slavery: how to identify and support victims has been updated on 30th January 2023. To view the document, click here
