Immigration News Weekly Roundup – 19 April 2024
The United Kingdom is transitioning to a digital eVisa system, marking a major modernization of its immigration framework. Beginning April 17, 2024, the Home Office will start emailing all holders of physical biometric residence permits (BRPs), inviting them to create a UK Visas and Immigration (UKVI) account to access their eVisa – a digital proof of their immigration status. This will replace the need for physical documents. The rollout will happen in phases before opening to all BRP holders by summer 2024.
This initiative represents the UK embracing technology to create a fully digital border system. It aims to enhance security, streamline processes, and provide a more user-friendly experience for navigating immigration procedures. The Home Office has released a guide video to assist people in obtaining their eVisa through this new system. As legal professionals help clients transition, staying informed about the nuances and implications of the eVisa system will be crucial for ensuring compliance and taking full advantage of its capabilities.
The Parliamentary battle over the government’s Rwanda deportation bill has intensified. The House of Lords refused to back down on issues concerning the rights of Afghan refugees and the scrutiny of the treatment of refugees in Rwanda.
This development prompted an immediate backlash from Home Secretary who blamed the Labour Party for blocking the bill, accusing them of being “terrified” that the Rwanda plan would deter asylum seekers from attempting to reach the UK via small boats.
Amidst the ongoing parliamentary tussle, reports suggest that Prime Minister Rishi Sunak’s government is considering concessions on the Rwanda deportation bill. These potential concessions include allowing exemptions for Afghans who served alongside UK forces and granting an amendment that would enable a monitoring committee to deem Rwanda an unsafe destination.
In a parallel development, the UK has signed a cooperation agreement with Vietnam, aimed at increasing collaboration in tackling illegal migration and preventing Vietnamese citizens from risking their lives by attempting to cross the English Channel. Therefore, Government’s plan to curb migration and tackle illegal overstayers remains cemented in their on-going actions.
In the other news, an interesting report has surfaced involving a Home Office case worker based in Northern Ireland. The worker is accused of contacting a vulnerable asylum seeker and demanding a payment of £2,000 in exchange for approving the individual’s refugee application. The alleged scheme purportedly involved a senior official responsible for asylum decisions and the unauthorized access and exploitation of sensitive Home Office records containing applicants’ personal information.
As the government navigates these complex issues, concerns surrounding the rights of refugees, the treatment of asylum seekers, and the integrity of the immigration system continue to fuel heated debates and calls for comprehensive reforms.
Amongst reported case law this week, the Court of Appeal overturned a decision by the First-Tier Tribunal (FTT), which had incorrectly interpreted a previous ruling in Abbas v Secretary of State regarding Article 8 of the European Convention on Human Rights. The Abbas decision clarified that while Article 8 does not obligate the UK to allow entry to individuals outside the country to develop a private life, it does apply to cases where a settled migrant, who had previously established a private life in the UK, is denied re-entry after a temporary absence. In this particular case, the appellant, a refugee with indefinite leave to remain, was unable to return to the UK within two years due to his travel document being lost or stolen, through no fault of his own, resulting in the loss of his indefinite leave. The Court of Appeal determined that the FTT had made an error by not assessing whether the refusal to allow him to return and continue his established private life in the UK constituted a disproportionate interference with his Article 8 rights.
Spring 2024 witnessed a substantial overhaul of the United Kingdom’s immigration framework, ushering in widespread modifications that resonated across multiple industries and migrant classifications. The revisions opened up novel pathways for care workers to seek employment opportunities within the nation’s borders. Concurrently, the government implemented significant adjustments to the target income thresholds, impacting both foreign workers and family-based immigration applicants. Furthermore, a revised immigration salary list was unveiled, complemented by dedicated immigration routes tailored for members of the armed forces, as well as updated appendices addressing adoption and long-term residency. The eligibility criteria for sponsors in cases involving domestic abuse also underwent revisions during this comprehensive immigration policy shift.
To gear up immigration advisors in meeting these challenges, HJT has scheduled a live, online Flash course on Spring 2024 Rule changes on Friday, 26th April 2024.
Experts Mark Symes and Sacha Wooldridge will navigate the intricacies of the revamped Immigration Rules, addressing anxieties surrounding appendices, frustrations over minimum income requirements, and perplexities related to salary percentiles in this rapidly evolving landscape.
For more information or to register, visit here.
For more information on our other live sessions, visit here
For enquiries, contact us enquiries@hjt-training.co.uk or call 075441 64692. Full list of updates on media news, reports and Home Office Policy and other document see below.
IMMIGRATION NEWS
eVisa rollout begins with immigration documents replaced by 2025 – UKVI
Millions are being invited to switch from physical immigration documents to an eVisa – a key step in creating a modernised and digital border.
From 17 April 2024, the Home Office will begin to send emails to all those with physical immigration documents, called biometric residence permits (BRPs), inviting them to create a UK Visas and Immigration (UKVI) account to access their eVisa, a digital proof of their immigration status.
Invitations will be issued in phases before the process opens to all BRP holders in summer 2024.
For full report, click here
UK signs new agreement with Vietnam on illegal migration – UKVI
The UK has signed an agreement with Vietnam to increase cooperation on tackling illegal migration and stop Vietnamese people risking their lives by crossing the English Channel.
Minister for Countering Illegal Migration, Michael Tomlinson, and Senior Colonel Vu Van Hung from Vietnam’s Ministry of Public Security signed a joint statement of cooperation in London on 17 April to reaffirm the countries’ strong partnership.
For full report, click here.
Rwanda bill further delayed after Lords again votes for changes – The Guardian
The parliamentary battle over Rishi Sunak’s Rwanda deportation bill will spill into next week after the Lords refused to budge over the rights of Afghans and scrutiny of the treatment of refugees in east Africa.
The move prompted an immediate backlash from the home secretary, James Cleverly, who blamed Labour for blocking the bill and being “terrified” that the Rwanda plan would stop asylum seekers from travelling to the UK in small boats.
For full report, click here.
Sunak considering exemptions to Rwanda bill for some Afghans – The Guardian
Rishi Sunak’s government is considering concessions on the Rwanda deportation bill to allow exemptions for Afghans who served alongside UK forces, parliamentary sources say.
Ministers are also being pressed to give ground to an amendment to the legislation so that the east African country could be ruled unsafe by a monitoring committee.
For full report, click here.
The EU’s new migration pact is intended to neutralise the far right – it risks empowering it – Daniel Trilling, The Guardian
Seen in this light, the EU’s long-awaited pact on asylum and migration, which passed a knife-edge series of votes in the European parliament last week, continues an established trend towards deterrence. Ahead of European elections in June, in which right-wing populist parties are predicted to make significant gains, the pact’s centrist supporters have hailed the legislative package as a victory for the traditional EU values of compromise and moderation. Yet with a heavy focus on security screening and the removal of migrants deemed undeserving, the pact highlights how far Europe’s centre has already shifted to the right on migration – and risks further empowering the radical right it aims to neutralise.
For full article, click here.
Delays by Home Office risk return of vulnerable Afghan families to Taliban – The Guardian
Afghan families who helped UK forces and then fled to neighbouring Pakistan are in danger of being deported back to the Taliban due to Home Office delays in bringing them to the UK.
On 11 February immigration minister Tom Pursglove stated in a letter that the Home Office was committed to establishing a route for eligible separated Afghan families
However, nothing has yet been announced and the situation has become urgent. Deportations of Afghans who fled to Pakistan are due to restart on Monday. A previous wave of these deportations resulted in about 400,000 Afghans in Pakistan being returned, either forcibly or voluntarily, to Afghanistan.
For full report, click here.
Home Office worker arrested for ‘selling’ UK residency as dozens of staff remain under criminal investigation – LBC News
According to reports, a case worker employed by the Home Office in Northern Ireland stands accused of contacting a vulnerable asylum seeker and demanding a payment of £2,000 in exchange for approving the individual’s refugee application.
The alleged scheme, which purportedly involved a senior official responsible for making asylum decisions reaching out to the asylum seeker in March 2024, is believed to have involved the unauthorized access and exploitation of sensitive Home Office records containing personal information about applicants.
For full report, click here.
UK excludes geologists from immigration skills list despite shortage – Mining Magazine
Despite facing a shortage in certain scientific fields, the United Kingdom has made the controversial decision to omit professionals like geologists, hydrogeologists, and geophysicists from its recently updated Immigration Salary List (ISL). This move has drawn criticism and disappointment from within the mining industry, where these “physical scientists” play crucial roles. Insiders argue that excluding such skilled professionals could exacerbate existing workforce gaps and hinder the sector’s growth and operations.
For full article, click here.
CASE LAW
Ali v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 372
The Court of Appeal allowed the appeal, finding that the First-Tier Tribunal (FTT) judge had misinterpreted the Court’s previous decision in Abbas v Secretary of State. Abbas held that Article 8 of the European Convention on Human Rights does not impose a positive obligation on the UK to admit a person who is outside the country in order to develop a private life there. However, it did not preclude Article 8 being engaged when a settled migrant who has already established a private life in the UK is refused re-entry after a period of temporary absence abroad.
The Appellant in this case, who had indefinite leave to remain in the UK as a refugee, had his travel document lost/stolen when he went abroad temporarily in 2008. Through no fault of his own, he was unable to return within 2 years and consequently lost his indefinite leave. The Court found the FTT erred in failing to consider whether refusing him re-entry to resume his pre-existing private life in the UK was a disproportionate interference with his Article 8 rights. The matter was remitted to the Upper Tribunal to determine this issue.
For full decision, click here.
INDEPDENDENT REPORTS
Keys to the City: Ending refugee homelessness in London 2024
A recent publication by The Refugee Council has shed light on a concerning issue – the escalating homelessness crisis among newly recognized refugees in London. According to the report, the organization’s latest statistics and evaluation reveal a stark upward trend in the number of refugees facing housing insecurity. This alarming situation arises in the aftermath of a staggering 400% surge in the number of individuals granted refugee status in the latter half of 2023, compared to the previous year.
The report elucidates that upon receiving refugee status, individuals are granted a mere 28-day “move-on” period to secure permanent housing before being evicted from their asylum accommodation. This narrow window of time poses a significant challenge, often resulting in individuals finding themselves without a stable living situation.
For full report, click here.
ICAI follow-up: UK aid to refugees in the UK A summary April 2024
According to a recent report from the Independent Commission for Aid Impact (ICAI), the government’s approach to asylum following the enactment of the Illegal Migration Act 2023 is unsustainable from both a humanitarian and financial standpoint. The ICAI, which serves as the official public watchdog overseeing UK aid spending, warned that a new backlog of asylum seeker cases left in limbo is rapidly accumulating.
Despite the passage of time, the ICAI findings indicate that the situation has remained largely unchanged. In-donor refugee costs accounted for a staggering 28% of the UK’s total aid spending in the previous year.
For full report, click here.
HOME OFFICE GUIDANCE AND POLICY DOCUMENT UPDATES
Guidance: Immigration Rules archive – 11 March 2024 to 3 April 2024 has been updated on 17th April 2024. To view the updated Guidance, click here
Guidance: UK visa support for Ukrainian nationals and their family members has been updated on 17th April 2024. To view the updated Guidance, click here.
Instructions: Get access to your eVisa has been published on 17th April 2024. To view the information, click here. To view the online immigration status (eVisa) help video, click here.
Guidance: Home Office Crime Recording Rules for frontline officers & staff has been updated on 15th April 2024. To view the Guidance, click here.
STAY TUNED FOR MORE IMMIGRATION NEWS NEXT WEEK!
