The ever-evolving landscape of immigration laws continue. The government strives to create a fair and efficient asylum process while addressing illegal migration concerns. In this blog post, we will explore the recent updates implemented in Mastering Immigration Law March 2023 update.
To ensure fair and timely assessments of asylum claims, the UK government has introduced reforms aimed at streamlining the asylum process. Particular importance is the new Streamlined Asylum Processing for Children’s Casework Guidance (March 2023). This guidance outlines the process for determining claims without interviews whenever possible for nationals of Afghanistan, Eritrea, Sudan, Syria, and Vietnam. Instead, a Preliminary Information Meeting (PIM) with the child and a responsible adult is conducted, with the aim of granting claims unless significant discrepancies emerge. The Children and Secondary Case Progression Unit will handle family tracing as part of this initiative.
The Government’s commitment to curbing illegal migration is evident in the recent decision of R v Mohammed 2023 ECWA Crim 211. This Court of Appeal ruling affirmed that immigration control applies to asylum seekers and also discussed new immigration offences. As immigration lawyers, understanding these developments is essential for navigating the legal landscape and advising clients accordingly.
The arrival of spring also brought about changes in various aspects of business immigration. Notably, the introduction of the India Young Professionals Scheme. A new route for young people aged 18-30 participating countries and territories who wish to live and work temporarily in the UK. This route is relatively straightforward to comprehend, with less intricate rules and easier criteria compared to other routes within the Points-Based System (PBS).
For those assisting clients with obtaining and maintaining Sponsor Licenses, it is crucial to note that the Pre-license priority service guidance has been updated. This service enables sponsors to prioritize their sponsor license application by submitting it via email. The March 2023 version of the guidance provides essential information regarding the application procedures for this service, as well as which work visa routes are ineligible. Additionally, modifications have been made to the Expansion Worker and Scale-up Sponsors license arrangements, requiring careful consideration when advising clients. Here more at our course, see here
In line with these changes, the Right to Work checks Guidance has been updated to reflect new compliance and reporting requirements for Sponsor License holders. These updates now encompass additional responsibilities for reporting, accommodating the needs of hybrid and offshore workers. As immigration lawyers, it is vital to ensure that our clients remain fully informed about these obligations to avoid any revocation or penalties imposed on their license.
Perhaps one the most important highlights in March 2023 was the landmark decision of Roehrig  EWHC 31 (Admin) in relation with British Citizenship. The decision confirmed Capparelli as rightly decided. It was held that a child born on 20 October 2000 to a French mother who had been working in the UK for some years, but who lacked ILR, was born to a parent subject under the immigration laws to a restriction on the period for which she may remain. Therefore the child was not born British.
Staying up to date with the latest updates in UK immigration laws is imperative for immigration lawyers. The recent changes discussed in this blog post highlight the government’s efforts to streamline the asylum process, address illegal migration concerns, and introduce reforms in business immigration. By keeping informed about these developments, our MIL subscribers can provide their clients with the most accurate and effective legal advice, ensuring their immigration journeys are handled with expertise and care.
These and many more are now included in Mastering Immigration Law. A comprehensive list of all the updates from November 2022 – January 2023 period and prior to this are listed for our subscribers reference under the Updates & Documentation module. Please log in to access. Index also updated.
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