Mastering Immigration Law Subscription Update May & June 2024
The midpoint of 2024 brought forward significant changes that impact sponsor licence holders, overseas workers, asylum claims and family visas. 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 Biometric Enrolment Guidance
The Home Office has recently overhauled its Biometric Enrolment Guidance, addressing previous legal shortcomings and clarifying procedures for exceptional circumstances. The updated guidance now explicitly permits waivers of biometric requirements on medical grounds, for senior government officials on official visits, or in compelling individual situations. This nuanced approach demonstrates the Home Office’s commitment to balancing security concerns with humanitarian considerations in challenging scenarios.
A key aspect of the revision is the refinement of the ‘unsafe journeys’ guidance. Applications citing unsafe journeys are now emphasised as a last resort and must meet four essential criteria: proving identity, demonstrating an objectively unsafe journey, presenting compelling exceptional circumstances, and justifying pre-determination or exemption from VAC attendance.
Business Immigration
In a move to streamline the process for exceptional talent, the UK Visas and Immigration (UKVI) has revised its guidance on prestigious prizes for the Global Talent visa. This update allows recipients of specified awards to bypass the endorsement stage, expediting their path to obtaining a visa. The list of qualifying prizes spans various fields, including arts, culture, science, and technology, reflecting the UK’s commitment to fostering innovation and creativity across disciplines. Notably, there’s no time limit on when these prizes must have been awarded, offering flexibility to applicants who may have received recognition in the past.
As much as sponsor licence and particularly, those granted to care homes have come under scrutiny, two recent court rulings have shed further light on sponsor licence revocations, particularly in the care sector.
Recent court rulings have brought significant clarity to sponsor licence revocation processes in the UK. The New Hope Care case [2024] EWHC 1270 (Admin) emphasised the importance of procedural fairness, deeming it unlawful to revoke a licence without allowing a meaningful response. However, it stopped short of requiring a comprehensive impact assessment. Conversely, the One Trees Estates case [2024] EWHC 1644 (Admin) aligned with the Prestwick Care Ltd precedent, clarifying that the Home Office need not conduct a detailed assessment of wider implications on care needs when revoking a licence.
In a bid to streamline employment processes, the Home Office has unveiled significant updates to its right to work guidance. Employers can now breathe a sigh of relief as repeat checks for EU Settlement Scheme pre-settled status holders are no longer required, and the validity of Biometric Residence Permits extends beyond their physical expiration date. The guidance also addresses the nuances of employing asylum claimants, emphasising the importance of verifying work rights through the Employer Checking Service. Moreover, the inclusion of consular birth certificates in List A of acceptable documents for manual checks offers greater flexibility.
Family Life
The UK’s family visa regime has undergone significant changes in recent months, with key updates effective from 6 June 2024.
At the forefront of these changes is a comprehensive redefinition of ‘parent’ in immigration rules, embracing a more inclusive approach that reflects modern family structures. This new definition encompasses biological, legal, and adoptive parents, recognising various scenarios including egg donation and civil partnerships. It aims to provide clarity and reduce ambiguity in family visa applications, potentially easing the reunification process for many families.
Alongside this redefinition, the Home Office has introduced Appendix Adoption, establishing clear pathways for British citizens and settled individuals to bring adopted children to the UK. This new appendix covers a range of adoption scenarios, including recognised overseas adoptions, de facto adoptions, and adoptions to be finalised within the UK. It sets out comprehensive requirements for applicants, balancing thorough vetting with a more streamlined process.
A key feature of these updates is the emphasis on genuine adoptions and the best interests of the child. The ‘genuine adoption’ requirement aims to prevent adoptions of convenience, whilst the overall framework aligns with the UK’s international obligations. This approach underscores the Home Office’s commitment to safeguarding child welfare whilst maintaining the integrity of the immigration system.
Asylum
The Home Office’s approach to asylum claim processing has undergone a notable transformation. The Streamlined Asylum Processing (SAP) policy, once a cornerstone of the system, now applies exclusively to claims lodged before 7 March 2023. This shift marks a clear delineation in processing approaches, with more recent claims potentially falling under the purview of the Illegal Migration Act 2023. Such changes underscore the need for a nuanced understanding of each case’s timeline, as the date of claim filing now carries even greater significance in determining the applicable processing framework.
In tandem with these changes, the Home Office has recalibrated its priorities in asylum claim adjudication. A concerted effort to resolve legacy claims – those predating 28 June 2022 – by the close of 2023 has given way to a new focus. As we move through 2024, attention has pivoted to ‘flow claims’, those filed on or after 28 June 2022. This reprioritisation signals a strategic shift in tackling the asylum backlog, a persistent challenge that has long plagued the system.
The asylum arena is poised for further transformation with the new Labour government’s proposed legislative changes. Plans are afoot to introduce a new Bill, promising ‘new replacement arrangements’ that include fast-track decisions and returns to safe countries. This development, coupled with uncertainty surrounding the future of recent asylum laws such as the Nationality and Borders Act 2022 and the Illegal Migration Act 2023, heralds a period of potential flux in asylum policy. For those navigating this complex terrain, staying abreast of these developments will be crucial in providing effective guidance and representation.
Furthermore, the temporary withdrawal of the ‘Asylum claims from UK visa applicant’s caseworker’ guidance for review adds another layer of complexity to the current regime. The potential for further changes to the asylum claims process looms large, emphasising the need for continued vigilance and adaptability in this dynamic field.
The changes reported here are just the tip of the iceberg. Our subscribers enjoy access to detailed updates across numerous other areas of immigration law, ensuring comprehensive coverage of the latest developments.
At HJT, our core mission is to keep immigration advisors at the forefront of these developments. This commitment is exemplified through our regular updates to the Mastering Immigration Law (MIL) content. Our subscribers benefit from access to the most comprehensive information and lucid explanations of recent changes, empowering them to provide the highest standard of representation to their clients.
We pride ourselves on delivering timely, accurate, and insightful analysis of the ever-evolving immigration landscape. By staying abreast of these changes through our resources, advisors can confidently navigate the complexities of immigration law and offer expert guidance to those relying on their expertise.
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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