Mastering Immigration Law Subscription Update January 2025
The dawn of 2025 has ushered in sweeping changes to the UK’s immigration with far-reaching reforms affecting sponsors, visa holders and legal practitioners alike.
From digital status rollouts to significant court rulings and revised sponsorship regulations, the government continues its post-Brexit repositioning with enhanced compliance measures.
These fundamental shifts in how immigration rules are interpreted and applied require all immigration practitioners to remain vigilant and adaptable as the Home Office implements its vision for a more digitised, streamlined yet increasingly scrutinised framework.
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.
eVisa UK
The UK has transitioned from physical documents like BRPs to digital eVisas in 2025, with individuals now being able to share their immigration status with banks or other third parties by generating a share code through the “View and Prove” service, providing time-limited access to their immigration status information for identity verification purposes.
Although BRPs are being phased out, those expiring on or after 31 December 2024 will remain valid for travel purposes until at least 31 March 2025 as a transitional measure to ensure smooth travel during the eVisa rollout.
If individuals encounter issues with their eVisa, they are advised to contact the UKVI directly to report errors, though no specific new form for reporting eVisa problems is mentioned. All visa holders are encouraged to create a UKVI account to access their eVisa, which will serve as proof of immigration status going forward.
Right to Work – s3C Leave
In a landmark ruling in the case of RAMFEL, the Court of Appeal granted the Home Office’s request to pause (or ‘stay’) the requirement to roll out digital status to everyone on Section 3C leave whilst they pursue an appeal against the High Court’s judgement that failure to provide digital proof of status to individuals on Section 3C leave was unlawful. This 2 September 2024 decision effectively delays implementation until the appeal is heard in summer 2025, though individuals experiencing hardship due to inability to prove their immigration status or rights can still request digital proof from the Home Office; meanwhile, those without digital proof continue to face significant difficulties accessing work, housing and services.
Access to Public Resource
The updated UKVI guidance on accessing public funds clarifies that individuals subject to immigration control must not breach their conditions by accessing public funds they aren’t entitled to. Public funds encompass various benefits and services including social housing and certain welfare benefits, with access restricted for those with a ‘no recourse to public funds’ (NRPF) condition.
Breaching these conditions by directly receiving unauthorised public funds may result in severe consequences, including leave curtailment, potential prosecution and increased risk of future immigration application refusals. However, if a partner is entitled to claim public funds in their own right, the individual with an NRPF condition isn’t considered in breach if included in a joint benefits application.
Business Immigration
Tammina v SSHD Sets New Precedent for Procedural Fairness in Sponsor Licence Cases
The case of Tammina v Secretary of State for the Home Department [2025] EWCA Civ 24 concerns the revocation of a sponsor’s licence and procedural fairness implications in immigration cases. The Court of Appeal distinguished this from R (Pathan) v SSHD, finding no procedural unfairness in Tammina’s case as he had prior knowledge of issues with his sponsor’s licence and had discussed these with his employer. The court emphasised that Tammina’s awareness of potential problems with Ratna’s licence, including its suspension, meant he was not in the same position as Pathan, who remained uninformed about his sponsor’s licence revocation.
The decision highlights the importance of an individual’s ability to take steps to mitigate consequences of a sponsor’s licence revocation, with Tammina considered to have had opportunities to address his situation. This ruling clarifies that procedural fairness in immigration matters is context-dependent, based on whether the individual had knowledge of potential issues and the opportunity to respond, with practical implications for immigration practitioners.
Sponsor Licence Guidance Updates
As part of the updates to the UKVI sponsor licence guidance, Persons with Significant Control (PSCs) have been added to the list of individuals against whom checks are made when assigning sponsor licences. PSCs are individuals who have significant influence or control over a company, as recorded on the Companies House profile, including those with more than 25% of the company’s shares or voting rights, or those who can appoint or remove a majority of the board of directors.
The Home Office now conducts checks on PSCs as part of the sponsor licence application process, ensuring that all individuals with significant influence over the organisation are accountable for compliance with immigration rules. This means that any unspent convictions or civil penalties against these individuals could impact the organisation’s ability to obtain or maintain a sponsor licence.
Employers must ensure their Companies House records are accurate and that all listed PSCs understand their responsibilities regarding sponsorship compliance, reflecting the Home Office’s efforts to strengthen compliance and accountability among sponsors.
Sponsors Barred from Recovering Licence Costs from Workers in Anti-Exploitation Measure
As of 31 December 2024, sponsors are prohibited from passing on the costs of the sponsor licence or the Certificate of Sponsorship (CoS) to sponsored workers, a change aimed at preventing exploitation and ensuring sponsored workers are not financially burdened by their employment arrangements. Sponsors can no longer transfer or recover sponsor licence fees (including application and administrative costs), Certificate of Sponsorship fees (for CoS issued on or after 31 December 2024), or the Immigration Skills Charge (which was already prohibited).
If a sponsor attempts to recoup these costs from a sponsored worker, it may result in the revocation of their sponsor licence, emphasising the importance of compliance with these updated rules. However, costs tied to the visa application, such as the Home Office processing fee and the Immigration Health Surcharge, can still be passed on to the worker.
The prohibition applies to costs recouped on or after 31 December 2024, even if the licence was obtained earlier, reflecting the UK government’s commitment to ethical employer practices and preventing exploitation in the sponsorship system.
Global Mobility
CPTPP Implementation Unlocks New Asia-Pacific Markets for UK Service Suppliers
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) entered into force for the UK on 15 December 2024 for trade with eight member countries: Brunei, Chile, Japan, Malaysia, New Zealand, Peru, Singapore, and Vietnam and now also including Australia (Canada and Mexico, it will take effect 60 days after they ratify the agreement.)
The CPTPP provides enhanced market access for UK service suppliers in participating countries by reducing barriers to trade in services, benefiting businesses in finance, telecommunications and professional services sectors. The agreement promotes a transparent and predictable regulatory environment with provisions on transparency, regulatory coherence and trade facilitation, whilst simplifying the temporary movement of businesspersons between member countries.
Additionally, it includes investment protections providing assurance to UK service suppliers, establishes a robust dispute resolution mechanism, and functions as a “living agreement” with ongoing reviews to improve operations.
These updates offer UK service suppliers significant opportunities to expand operations in the Asia-Pacific region through an enhanced framework for increased trade and investment.
Home Office Bans Personal Sponsorship of Domestic Workers, Limiting Options for Employing Foreign Household Staff
As of 31 December 2024, the UK Home Office has explicitly banned sponsoring workers in a personal capacity, including roles such as nannies, cooks and other domestic staff. This change means individuals cannot sponsor domestic workers directly as they previously could.
For domestic workers, the Overseas Domestic Worker visa remains available, allowing foreign nationals to work in private households for up to six months without extension. To qualify, the employer must be a British citizen whose normal residence is outside the UK, or a foreign national planning to stay in the UK for no more than six months.While the Skilled Worker visa offers another option for longer-term employment, it requires the employer to have a sponsor licence—typically impractical for private households. This ban significantly complicates the process for individuals seeking to employ domestic staff from abroad, as they must now navigate existing visa routes with specific limitations and requirements, reflecting a shift in how the UK manages domestic worker employment.
R (Andrews) v SSHD Reaffirms Statutory Definition of Voluntary Work Supersedes Home Office Guidance
The case of R (Andrews) v SSHD [2025] EWHC 64 (Admin) provides important clarification on voluntary work under UK immigration law. The court established that voluntary work must align with the National Minimum Wage Act 1998 definition, requiring individuals to be employed by a charity, voluntary organisation, associated fund-raising body, or statutory body, without receiving monetary payments or benefits in kind beyond expense reimbursement.
The ruling emphasised that statutory provisions and Immigration Rules take precedence over Home Office guidance, regardless of whether guidance suggests unpaid voluntary work is permitted. The claimant’s activities at a convenience store were deemed a breach of visa conditions as they failed to meet the statutory criteria for voluntary work.
This case highlights the importance of seeking professional advice to ensure compliance with immigration rules and avoid misunderstandings that could lead to severe consequences such as visa cancellation, whilst highlighting the significance of considering each case’s specific context, as the claimant’s work was not for a qualifying organisation and thus failed to meet the legal definition of voluntary work.
Asylum
Streamlined Processing for Children’s Asylum Claims
The Home Office has recently updated its Streamlined Asylum Processing framework for children’s casework. The revised process now encompasses asylum claims from children originating from Afghanistan, Eritrea, Sudan, and South Sudan, with Vietnam having been removed from the eligible countries list.
At the heart of this streamlined approach is the Preliminary Information Meeting (PIM), a condensed interview focusing specifically on nationality, family background and risk factors. This applies to both unaccompanied and accompanied children, as well as those who have turned 18 whilst awaiting an asylum decision.
Notably, PIMs can now proceed without requiring a Statement of Evidence form, with responsible adults participating to support the child throughout the process. The Home Office has also introduced dedicated email addresses for following up on asylum claims, though specific contact details remain undisclosed in the guidance documentation.
Legal Challenges Expose Accommodation Failings
Two significant court cases have recently highlighted serious shortcomings in the Home Office’s asylum accommodation provision.
In DXK [2024] EWHC 579 (Admin), the court identified grave concerns regarding initial accommodation provided to pregnant women and new mothers seeking asylum. The accommodation frequently lacked essential amenities for health and wellbeing, with issues relating to cleanliness, space and access to basic services. The Home Office faced criticism for failing to promptly relocate these vulnerable individuals to more suitable dispersal accommodation, with delays disrupting continuity of care, increasing health risks and causing unnecessary stress. Despite having policies designed to protect pregnant women from dispersal during certain periods, these were found to be ineffectively implemented.
Similarly, in AYW & Anor v Secretary of State for the Home Department [2024] EWHC 3291 (Admin), the High Court issued a mandatory order compelling the Home Office to provide suitable accommodation for a mother and her severely disabled child. The court required accommodation with specific adaptations including wheelchair accessibility and a wet room. Particularly concerning was the Home Office’s extended awareness of these requirements without demonstrating adequate efforts to address them.
The court primarily sought accommodation in Southwark but permitted alternatives in neighbouring Southeast London boroughs, establishing a firm compliance deadline.
Both cases reveal systemic failures rather than isolated incidents, highlighting the urgent need for reform in asylum accommodation provision and more proactive support for vulnerable asylum seekers. The court decisions emphasise the Home Office’s obligation to demonstrate genuine efforts to rectify these issues promptly and comprehensively.
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 & Videos 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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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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