Mastering Immigration Law Subscription Update – April 2025
HJT’s Mastering Immigration Law brings these important immigration updates to our valued subscribers, ensuring you stay informed and prepared in this ever-changing regulatory environment. We share a glimpse of some pivotal updates from April 2025 below.
Using Expired BRPs for Digital Identity Verification
The Home Office has confirmed that expired Biometric Residence Permits can still be utilised for identity verification through the UK Immigration: ID Check app, provided the document remains within 18 months of its printed expiry date. This practical allowance recognises that many applicants may find themselves in situations where their BRP has recently expired whilst they are in the process of making new immigration applications. However, it is crucial to verify that your specific visa or immigration route permits the use of an expired BRP, as requirements can vary between different application categories. Whether you possess a current or expired BRP, either document can be used for the verification process, subject to meeting the relevant criteria for a particular application.
The introduction of the UK Immigration: ID Check app represents a significant step in the Government’s broader transition away from physical immigration documents towards digital status verification. The app enables individuals to verify their immigration status and right to work online, forming an integral part of many application processes whilst maintaining robust security standards. The GOV.UK website provides assurance that the application is both safe and secure, with personal information not being stored on devices after use. This digital approach aligns with the Home Office’s move towards eVisa systems, marking a fundamental shift in how immigration status is evidenced and verified in the UK’s evolving immigration front.
Priority Service Fee Refund Eligibility
UKVI’s updated policy on priority service fee refunds operates on a strict basis depending upon application stage and cancellation timing. Applicants who cancel before providing biometric data may receive refunds, whilst those who have already attended biometric appointments will not usually qualify for reimbursement. For applications using the UK Immigration: ID Check app, refunds are available if cancellation occurs before the evidence upload deadline and prior to selecting ‘confirm and upload’. No refunds are provided for refused applications, regardless of the reason for refusal or whether priority processing was utilised.
Refunds may be available when the Home Office fails to meet published processing times due to circumstances beyond the applicant’s control, such as technical issues or official errors. However, applications deemed “complex” or delayed due to incomplete submissions by applicants will not qualify for refunds. The refund process varies by service provider, VFS Global users can request refunds through their online accounts if biometrics have not been completed, whilst TLS contact users must email the UKVI priority services refund team directly. All refunds are processed to the original payment method and may take up to 28 days to complete.
Family Life Applications
Expanding the Definition of Family Life Under Article 8
The Court of Appeal’s recent judgment in Arshad [2025] EWCA Civ 355 has provided crucial clarification on how family life should be assessed under Article 8 of the European Convention on Human Rights, particularly in immigration cases involving extended family relationships. The Court explicitly recognised that family life extends beyond the traditional nuclear family unit of partners and dependent children, encompassing relationships with siblings, uncles, aunts, and other relatives depending upon the specific circumstances. This recognition marks an important development in understanding the scope of protected family relationships within UK immigration law, acknowledging the diverse nature of family structures that exist in modern society.
Whilst the Court broadened the definition of family life, it emphasised that mere classification as “family life” represents only the starting point for assessment. The judgment stressed that the weight given to such relationships in proportionality balancing exercises depends critically upon their nature, quality, and substance rather than their formal designation. The Court distinguished between core family relationships, such as parents living with young children which carry greater weight, and more peripheral relationships, such as those between adult siblings living separately or uncles with children who reside with both parents. This approach ensures that whilst extended family relationships receive recognition under Article 8, their influence in immigration decisions reflects their actual significance and depth rather than their mere existence.
Proving Obstacles to Integration
The Court of Appeal in Ackom [2025] EWCA Civ 537 has significantly raised the evidential bar for establishing “very significant obstacles to integration” when the destination country closely resembles the UK. The Court emphasised that where countries share similar cultures and social structures—as with Germany in this case—tribunals must provide exceptionally clear and detailed reasoning to justify finding such obstacles exist. The judgment noted that “life in Germany is not significantly different from life in the UK,” requiring more robust evidence to demonstrate why integration would be prevented rather than merely challenging.
The Court clarified that the statutory test demands proof that obstacles would genuinely prevent or seriously inhibit integration, not simply make it more difficult or challenging. Factors such as lack of family connections, absence of language skills, or employment difficulties due to criminal convictions may be relevant but are not automatically determinative, particularly when considering removal to culturally similar European countries. The case was remitted for rehearing as the original tribunal failed to properly assess whether the identified obstacles would truly prevent integration or merely create temporary difficulties that could be overcome with reasonable effort and time.
Overseas Workers’ Visa Applications
Prohibition on Cost Recovery from Sponsored Workers
From 9 April 2025, UKVI has explicitly prohibited sponsors from recouping any immigration-related costs from scale-up and temporary workers’ salaries, extending existing restrictions beyond the Skilled Worker route. Employers must now absorb all sponsorship fees including Certificate of Sponsorship costs, Immigration Skills Charge, and associated administrative expenses without any form of salary deduction or reimbursement arrangement. This prohibition encompasses direct deductions, claw-back agreements, and any contractual mechanisms designed to recover costs from sponsored employees.
Compliance Requirements and Penalties
When assessing salary thresholds for sponsorship eligibility, UKVI will deduct any unlawfully recouped amounts from gross salary calculations, potentially rendering applications non-compliant with minimum salary requirements. Only genuine optional benefits such as pension salary sacrifice arrangements remain permissible, provided they do not reduce pay below National Minimum Wage levels. Non-compliance with these cost recovery prohibitions will normally result in sponsor licence revocation, making it essential for employers to review and amend existing contracts and policies to ensure full adherence to the updated guidance.
Keeping Pace with UK Immigration Law Changes
At HJT Training, we are committed to ensuring immigration advisers maintain their position at the forefront of legal practice. Through our continuously updated Mastering Immigration Law (MIL) platform, we deliver precise and comprehensive analysis of emerging developments. Our subscribers benefit from authoritative insights and practical guidance, enabling them to provide outstanding representation to their clients.
We take pride in delivering prompt, precise, and perceptive analysis of the ever-shifting immigration landscape. By tapping into our resources, advisers can confidently tackle the intricacies of immigration law, providing expert guidance to those who depend on their knowledge.
For our subscribers’ convenience, we’ve compiled a thorough list of all updates in the Updates & Documentation module. It’s our way of ensuring you’re always in the know, ready to face whatever challenges the world of UK immigration might bring.
A comprehensive list of all the updates is listed for our subscriber’s reference under the Updates & Videos module.
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HJT is pleased to also inform that the latest hard copy edition book 2025-2026 edition is now available for preorder. At only £199, the subscription unlocks an instant access to 17 Modules with full updates to every area of UK Immigration, 15% discount on live courses with experts, CPD coverage and much more.
As the year progresses, we anticipate further changes on the horizon and MIL will be your reliable companion throughout these times.
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Written by Shareen Khan – Legal Content Writer, HJT Training
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Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Immigration advisors should consult the full decisions and official policy documents when advising clients on specific cases.
