What are the immigration dimensions to the new Employment Rights Bill?
14 October 2024
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The new Employment Rights Bill has been published. It is a substantial document: it weighs in at 158 pages. There are several aspects of the
The new Employment Rights Bill has been published. It is a substantial document: it weighs in at 158 pages. There are several aspects of the
The Home Office often makes mistakes when exercising its immigration powers. The high appeal success rates bear testimony to this: as many as 50% of
This week the Sentencing Council published new draft sentencing guidelines for immigration offences within the Immigration Act 1971 and Identity Documents Act 2010. This includes
A “returning resident” is a resident of the United Kingdom with settled status who returns to the country after a lengthy absence abroad. Ordinarily, when
The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that
The UK is falling significantly short of international labour standards. In fact, the government’s labour migration policy and wider hostile environment actively produces risks of
Back in “Small Boats Week” during the summer, the government announced the tripling of employer penalties for illegal workers to £45,000 per worker. The immigration
The government is going to triple the maximum level of fine that can be imposed on employers who fall foul of the regime penalising those
On 6 April 2023, the Home Office started data sharing with the financial sector again. This was foreshadowed in a speech by Prime Minister Rishi
One of the measures announced by Rishi Sunak in his asylum statement on 13 December 2022 was the re-starting of hostile environment immigration checks on
The Home Office response to small boat crossings is “both ineffective and inefficient”, the borders watchdog says. In an excoriating report published this morning, the
The electronic monitoring of foreign national offenders is riddled with flaws which can be traced back to Home Office underfunding and inefficiency, an independent report has
There is no hard border between Northern Ireland and the Republic of Ireland, and British and Irish citizens are able to cross the land border
A new law preventing migrants from using their residence permits to prove their right to rent or work in the UK is coming into force
How is the Home Office doing with implementing the lessons it is supposed to have learned from the Windrush scandal? In March 2020, the independent
The High Court has held that the Home Office’s search for and seizure of mobile phones from migrants who arrived by small boats from France,
Despite intense ministerial focus on inflatable dinghies, most unauthorised entrants to the UK have traditionally arrived by lorry. In 2019, more than 10,000 people were
The Independent Chief Inspector of Borders and Immigration (ICIBI) is to inspect the relationship between the immigration system and the higher education sector. The call
In a previous briefing we saw that customary international law, four international conventions and international human rights law all impose a duty on states to
Regulation 9 of The National Health Service (Charges to Overseas Visitors) Regulations 2015 provides that the NHS in England cannot charge overseas visitors for treating
The Home Office has rebuffed Public Law Project’s (PLP) latest attempt to find out more about the secret algorithmic criteria used to decide whether a
Part 3 of the Nationality and Borders Bill 2021 includes provisions relating to immigration offences and enforcement. It criminalises arriving in the UK, as well
The Brexit vote, the triggering of Article 50, the failed May deal, the Johnson capitulation, the legal exit at the start of 2020 and the
This is the question addressed by Scotland’s Sheriff Appeal Court in Galbraith Trawlers Limited v Advocate General for Scotland [2021] SAC (Civ) 15. Fishing boats
The government’s threat to increase its use of data matching is now becoming a reality with plans to expand the National Fraud Initiative (NFI). If
The scenes in Glasgow last week, which saw a crowd prevent Immigration Enforcement from making off with two Indian men, got us thinking about the
From the outside looking in, initial immigration enforcement decisions like that in Glasgow last week to detain a person often seem opportunistic and random rather
The UK and India signed a non-binding agreement on migration this week. The basic ingredients are to beef up cooperation on removing unauthorised migrants in
The latest episode of the Home Office’s dispute with rough sleeping migrants is here with the publication of the policy guidance for applying the “rough
UK Visas and Immigration (UKVI) has confirmed that with lockdown easing, it is resuming sponsor licence compliance visits. Initial visits will be focused on organisations
We’ve seen a constant drip of leaks about the UK’s “broken” asylum system and how the upcoming Borders Bill or Sovereign Borders Bill or New
The immigration authorities’ work on human trafficking and modern slavery produced just ten arrests and five prosecutions in two years, the immigration inspector has found.
In response to growing pressure, the government announced on Monday that no immigration status checks will be carried out for migrants getting the coronavirus vaccination.
The hostile environment should be reformed by selective repeal of key provisions, addressing Home Office culture and improved routes to regularisation, an influential think tank
There has been an interesting and mainly polite (if tense) discussion on and off Twitter in recent weeks about advocacy on migrants’ rights. This is
Last month, UN special rapporteur on racism Professor Tendayi Achiume raised concerns about the impact of digital technologies on human rights. Achiume’s comments come at
The legal powers of the Equality and Human Rights Commission (EHRC) have been much discussed in recent weeks. This month it is not the Labour
Right to Rent checks can be carried out online and in real time from 25 November 2020 onwards. Under the new scheme, landlords will be
Following the failings identified by the Windrush Lessons Learned Review, Priti Patel promised a “compassionate… people first” Home Office. But over the past few months
Hot on the heels of this summer’s confected controversy over last minute legal challenges to removals of asylum seekers, the Court of Appeal has ruled
The new Employment Rights Bill has been published. It is a substantial document: it weighs in at 158 pages. There are several aspects of the Bill relevant to immigration issues. Before I go any further, the context to this legislation includes gross and widespread exploitation of migrant workers in sectors...
The Home Office often makes mistakes when exercising its immigration powers. The high appeal success rates bear testimony to this: as many as 50% of some categories of appeal are allowed. However, there are only some limited circumstances where it is possible to extract compensation from the Home Office by...
This week the Sentencing Council published new draft sentencing guidelines for immigration offences within the Immigration Act 1971 and Identity Documents Act 2010. This includes offences expanded by the Nationality and Borders Act 2022. Previously, there had been no formal guidelines for these offences. The draft guidelines have been published...
A “returning resident” is a resident of the United Kingdom with settled status who returns to the country after a lengthy absence abroad. Ordinarily, when a person refers to “returning residents” they might be talking about a temporary resident who leaves for a short time, for example on holiday or...
The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds, set out at paragraph 6 of the immigration rules. A person who deliberately claims public funds despite such...
The UK is falling significantly short of international labour standards. In fact, the government’s labour migration policy and wider hostile environment actively produces risks of labour exploitation. In 2022, labour exploitation was the most commonly reported form of adult modern slavery cases recorded on the National Referral Mechanism, amounting to...
Back in “Small Boats Week” during the summer, the government announced the tripling of employer penalties for illegal workers to £45,000 per worker. The immigration minister said that the increase was necessary because “making it harder for illegal migrants to work and operate in the UK is vital to deterring...
The government is going to triple the maximum level of fine that can be imposed on employers who fall foul of the regime penalising those who employ illegal workers. Currently the maximum is set at £15,000 per worker for a first offence. It is £20,000 per worker for repeat offences....
On 6 April 2023, the Home Office started data sharing with the financial sector again. This was foreshadowed in a speech by Prime Minister Rishi Sunak on 13 December 2022. Sections 40A to 40H of the Immigration Act 2014 requires banks to carry out immigration checks on all customers with...
One of the measures announced by Rishi Sunak in his asylum statement on 13 December 2022 was the re-starting of hostile environment immigration checks on bank accounts. These checks were introduced by the Immigration Act 2016 but were paused by Sajid Javid in 2018 when he was Home Secretary. There...
The Home Office response to small boat crossings is “both ineffective and inefficient”, the borders watchdog says. In an excoriating report published this morning, the Independent Chief Inspector of Borders and Immigration found that the system for processing people arriving by boat is often overwhelmed and suffers from a “lack...
The electronic monitoring of foreign national offenders is riddled with flaws which can be traced back to Home Office underfunding and inefficiency, an independent report has found. The Chief Inspector of Borders and Immigration, David Neal, says the system for electronic tagging and GPS tracking of FNOs “cannot yet demonstrate...
There is no hard border between Northern Ireland and the Republic of Ireland, and British and Irish citizens are able to cross the land border freely. Section 11(4) of the Immigration Act 1971 means that journeys within the Common Travel Area — both over the land border, and across the...
A new law preventing migrants from using their residence permits to prove their right to rent or work in the UK is coming into force without robust parliamentary debate. From 6 April 2022, no migrant in the UK will be able to use their biometric residence permit or card as...
How is the Home Office doing with implementing the lessons it is supposed to have learned from the Windrush scandal? In March 2020, the independent Wendy Williams review of the department called for root and branch reform; the Home Secretary said that she accepted all 30 recommendations in full. 18...
The High Court has held that the Home Office’s search for and seizure of mobile phones from migrants who arrived by small boats from France, and the retention of extracted data, was unlawful. The case is R (HM, MA, KH) v Secretary of State for the Home Department [2022] EWHC...
Despite intense ministerial focus on inflatable dinghies, most unauthorised entrants to the UK have traditionally arrived by lorry. In 2019, more than 10,000 people were discovered to have arrived in the UK concealed in a vehicle; still more will have made it in without being discovered. Small boat arrivals (practically...
The Independent Chief Inspector of Borders and Immigration (ICIBI) is to inspect the relationship between the immigration system and the higher education sector. The call for evidence, which is open until 15 November 2021, confirms that the ICIBI will adopt a “broad perspective”, assessing the extent to which the Home...
In a previous briefing we saw that customary international law, four international conventions and international human rights law all impose a duty on states to rescue those in distress at sea and to set up and maintain search and rescue services. We also saw that the enforceability of international law...
Regulation 9 of The National Health Service (Charges to Overseas Visitors) Regulations 2015 provides that the NHS in England cannot charge overseas visitors for treating a condition caused by torture, female genital mutilation, domestic violence or sexual violence. This is provided the overseas visitor did not travel to the UK...
The Home Office has rebuffed Public Law Project’s (PLP) latest attempt to find out more about the secret algorithmic criteria used to decide whether a proposed marriage should be investigated as a “sham”. Sham marriage investigations can be invasive and unpleasant and it appears that they are targeted at some...
Part 3 of the Nationality and Borders Bill 2021 includes provisions relating to immigration offences and enforcement. It criminalises arriving in the UK, as well as formally entering, making it almost impossible to claim asylum in the UK without first committing a criminal offence. People helping asylum seekers get to...
The Brexit vote, the triggering of Article 50, the failed May deal, the Johnson capitulation, the legal exit at the start of 2020 and the economic exit at the year’s end have all come and gone. On 30 June 2021 comes another milestone: the deadline for EU residents and their...
This is the question addressed by Scotland’s Sheriff Appeal Court in Galbraith Trawlers Limited v Advocate General for Scotland [2021] SAC (Civ) 15. Fishing boats impounded over illegal immigration charges In 2015, an immigration officer issued letters purporting to detain three fishing vessels owned by Galbraith Trawlers. Mr Galbraith, the...
The government’s threat to increase its use of data matching is now becoming a reality with plans to expand the National Fraud Initiative (NFI). If implemented, the proposals would extend data matching powers from their current use in tackling fraud to cover other criminal activity, as well as debt recovery...
The scenes in Glasgow last week, which saw a crowd prevent Immigration Enforcement from making off with two Indian men, got us thinking about the criminal offence of obstructing an immigration officer. Not, we hasten to add, because we think anyone should face charges over what’s seen in many quarters...
From the outside looking in, initial immigration enforcement decisions like that in Glasgow last week to detain a person often seem opportunistic and random rather than strategic. The result is that the ‘wrong’ people end up being detained. We know this because of the high number of vulnerable people being...
The UK and India signed a non-binding agreement on migration this week. The basic ingredients are to beef up cooperation on removing unauthorised migrants in exchange for a minor liberalisation on youth mobility-type visas and some warm words on encouraging temporary migration more generally. Such a deal has been on...
The latest episode of the Home Office’s dispute with rough sleeping migrants is here with the publication of the policy guidance for applying the “rough sleeping rule”. This article discusses some key points from both a housing and immigration perspective for those involved in either field. The Grounds for refusal...
UK Visas and Immigration (UKVI) has confirmed that with lockdown easing, it is resuming sponsor licence compliance visits. Initial visits will be focused on organisations that have a pending sponsor licence application. Confirming the resumption of visits in a recent message on the Sponsorship Management System, UKVI was keen to...
We’ve seen a constant drip of leaks about the UK’s “broken” asylum system and how the upcoming Borders Bill or Sovereign Borders Bill or New Plan For Immigration or whatever it’s called will be the “biggest overhaul of the asylum system in a generation”. A lot of this is cover...
The immigration authorities’ work on human trafficking and modern slavery produced just ten arrests and five prosecutions in two years, the immigration inspector has found. David Bolt’s report on the Home Office’s efforts in this area, published on 4 March, found that the department’s immigration directorates are “not doing enough...
In response to growing pressure, the government announced on Monday that no immigration status checks will be carried out for migrants getting the coronavirus vaccination. While Downing Street’s press release focused on the lack of status checks, further action is required to gain the trust of those whose lives have...
The hostile environment should be reformed by selective repeal of key provisions, addressing Home Office culture and improved routes to regularisation, an influential think tank has found. Beyond the hostile environment, a report released yesterday by the Institute for Public Policy Research, follows up on a previous look at the...
There has been an interesting and mainly polite (if tense) discussion on and off Twitter in recent weeks about advocacy on migrants’ rights. This is in part linked to a short piece I wrote about deportations and a follow-up by Emma Harrison, director of IMIX. I’ve linked to some of...
Last month, UN special rapporteur on racism Professor Tendayi Achiume raised concerns about the impact of digital technologies on human rights. Achiume’s comments come at a time when governments are relying more and more on digital tools to control migration. In the UK, we’ve already seen the government use data...
The legal powers of the Equality and Human Rights Commission (EHRC) have been much discussed in recent weeks. This month it is not the Labour Party in the figurative dock, but the more familiar presence of the Home Office. An EHRC report into the Windrush scandal, published today, has found...
Right to Rent checks can be carried out online and in real time from 25 November 2020 onwards. Under the new scheme, landlords will be able to conduct checks on whether prospective tenants are permitted to rent using a Home Office webpage (not yet live). For now, the online checking...
Following the failings identified by the Windrush Lessons Learned Review, Priti Patel promised a “compassionate… people first” Home Office. But over the past few months the Home Office seems to have entertained only the most inhumane immigration policies, such as offshore “asylum processing centres” mirroring Australia’s notorious Nauru detention centre,...
Hot on the heels of this summer’s confected controversy over last minute legal challenges to removals of asylum seekers, the Court of Appeal has ruled that the Home Office’s ‘removal window’ policy is unlawful because it denies the common law right of access to a court. In a timely reminder...
