Mastering Immigration Law Subscription Update August 2024
August 2024 marked significant changes across visa regimes, detention policies, and removal procedures. From shifts in family settlement applications to intensified enforcement measures. The immigration sector saw some rapid developments, reflecting the government’s dual focus on decision turnovers and underpinning enforcement.
HJT’s Mastering Immigration Law brings these crucial 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 below.
Update to Unsafe Journeys guidance for waiving biometrics clarified re compelling reasons & family life with UK sponsors
The updates to the guidance on unsafe journeys for waiving biometric requirements, particularly in the context of family life with UK sponsors, have been clarified in several key documents.
To be exempt from attending a Visa Application Centre (VAC) due to an unsafe journey, applicants must meet four essential criteria. Firstly, they must prove their identity to a reasonable degree of certainty. Secondly, they must demonstrate that the journey to the VAC is objectively unsafe, providing evidence of the current situation in their area and along the route.
Thirdly, applicants must show compelling exceptional circumstances that go beyond simply joining relatives in the UK. These circumstances must outweigh national and border security interests. Lastly, they must justify why their application should be predetermined or why they should be excused from attending a VAC to enrol their biometrics.
The guidance primarily targets individuals applying to join UK-based family members, such as those with protection status, settled in the UK, or British citizens. Establishing identity and assessing circumstances are crucial for border security and protecting vulnerable individuals from exploitation or trafficking.
If an applicant cannot attend a VAC due to safety concerns, they must request a predetermination or exemption, which is evaluated based on the four criteria. The Home Office stresses that unsafe journeys should be considered a last resort, with alternative solutions explored first. These updates reflect the Home Office’s balanced approach to addressing humanitarian concerns while maintaining national and border security.
Applications for family settlement generally, and for refugee family reunion, speed up
Applications for family settlement generally, and for refugee family reunion, speed up
Following due considerations, the processing times and procedures for family settlement and refugee family reunion applications have been expedited by the UKVI in 2024.
Family visa applications submitted from outside the UK generally take 2-3 months to process, whilst those from within the UK typically take 6-8 weeks.
Family applicants can opt for faster decisions through Priority or Super Priority services. Priority service usually provides a decision within 30 working days for applications from outside the UK, and within 5 working days for other types. The Super Priority service, available for certain applications, delivers a decision by the end of the next working day or within 2 working days if submitted on a weekend or bank holiday.
However, due to high demand, processing times may be delayed. The Home Office is experiencing a large influx of applications, potentially leading to longer processing times even for Priority applications. Some applications may be labelled as ‘not straightforward’, causing additional delays.
The Refugee Family Reunion has also been subject to expedited decision turnovers. As of 2024, there are no specific updates indicating faster processing of refugee family reunion applications. However, standard family visa processing times apply, with Priority or Super Priority services available if offered.
The Home Office’s focus on processing ‘flow claims’ (filed on or after 28 June 2022) might indirectly affect family reunion application processing for refugees, though this doesn’t necessarily mean faster processing times.
For extremely compelling or compassionate reasons, such as serious illness or death of a family member, applicants may request expedited processing without additional fees. However, the threshold for such requests is quite high.
While there are no specific updates indicating a universal speeding up of family settlement or refugee family reunion applications, applicants can use the Priority or Super Priority services to expedite their applications. The Home Office’s processing times remain subject to variability due to high demand and the complexity of individual cases.
Major surge in immigration enforcement to increase removals
In August 2024, the UK Home Office announced a significant surge in immigration enforcement to increase removals of individuals without the right to remain in the UK. The Home Secretary, Yvette Cooper, outlined plans to achieve the highest rate of removals since 2018.
The government has redeployed 300 caseworkers to progress failed asylum and returns cases, including both enforced and voluntary returns. To facilitate increased removals, immigration detention centres at Campsfield House and Haslar are being reopened, adding 290 new detention beds.
Up to 100 new specialist intelligence and investigation officers will be recruited to the National Crime Agency to target organised immigration crime networks. The Home Office will deploy enhanced digital capabilities to maintain contact with individuals subject to removal.
There will be an increased focus on combating illegal working through targeted operations. Recent actions include visits to over 275 businesses, resulting in 135 notices for employing illegal workers and 85 detentions.
A new intelligence-driven programme will target employers profiting from hiring illegal workers, including increased scrutiny of right-to-work checks and more civil penalty notices.
The UK government is also seeking to accelerate the return of migrants to 11 countries by providing reintegration support, with a £15 million contract posted for a commercial partner to support this initiative.
These measures are part of a comprehensive strategy to strengthen border security, enforce immigration rules, and increase the removal of individuals who do not have the right to be in the UK.
Detained individuals access to video call service DSO
A crucial update in the heightened climate of removals: The UK Home Office’s Detention Services Order has updated procedures for detained individuals’ access to video call services.
Detained individuals can now request video calls 24 hours in advance, with urgent calls considered by Detainee Custody Officers (DCOs). DCOs are responsible for facilitating and supervising these calls, verifying the recipient’s identity beforehand.
Video calls are also available for legal advisers, with priority given to these communications. These calls occur within sight but out of hearing of DCOs and require completion of a section 84 form to confirm the adviser’s details.
Appropriate dress is expected during calls, and staff may terminate calls if terms are breached or security is at risk. Third-party recording is prohibited, with any evidence of such leading to call termination and investigation.
DCOs must conduct welfare checks if concerns arise during calls. Contracted service providers are required to perform annual self-audits to ensure compliance with these procedures, making results available to the Home Office upon request.
These updates aim to balance detained individuals’ communication needs with the security and operational integrity of detention facilities.
While these updates offer a glimpse into the evolving world of UK immigration, they’re just the beginning of the story. Our dedicated subscribers enjoy a far more comprehensive view, with in-depth coverage spanning a wide array of immigration law topics.
HJT Training remains passionate about keeping immigration advisers at the cutting edge of their field. This dedication shines through in our regular enhancements to the Mastering Immigration Law (MIL) content. Our subscribers gain access to thorough, clear-cut explanations of recent changes, equipping them to offer top-notch 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. Please log in to access.
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HJT is pleased to also inform that the Pre Order for the latest hard copy manual 2024 edition for MIL is now in full swing. 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.
With a new government now in place, 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
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