Author Archive
Will I need Electronic Travel Authorisation to enter the UK?
Electronic Travel Authorisation (ETA) has been on the government’s agenda for some time. Finally, in the March 2023 Statement of Changes to the Immigration Rules HC 1160, the long-awaited Electronic Travel Authorisation scheme was announced. This po ...
15th June 2023Home Affairs Committee finds Albania is generally safe
More than a quarter of people crossing the Channel in small boats came from Albania in 2022, although the numbers have since then declined massively. Until recently, around half of asylum claims from Albanian nationals were initially accepted. However ...
12th June 2023Parliamentary human rights committee warns Illegal Migration Bill is illegal
In a report published yesterday, the Joint Committee on Human Rights warns that the Illegal Migration Bill would deny access to the asylum system to the vast majority of refugees, in breach of a number of binding international human rights obligations ...
12th June 2023Data shows Ukrainians in the UK continue to face homelessness crisis
The Ukraine Scheme homelessness statistics released each month provide an update on the long-term consequences of additional schemes for people with Ukraine Scheme visas. Monitoring of progress through regular data publication (even if incomplete) hig ...
9th June 2023Home Office breaches Withdrawal Agreement: delayed Certificate of Applications in EU Settlement Scheme
The Independent Monitoring Authority has released a report following an inquiry into the delays in issuing Certificates of Applications to EU Settlement Scheme applicants. The report confirms the government’s obligations under the Withdrawal Agr ...
6th June 2023Unpublished Home Office policy on NHS debts declared unlawful
A judgment in the High Court details multiple examples of unlawful detention of individuals re-entering the UK because an unpublished Home Office policy wrongly suggested officers had the power to stop, detain and question individuals who have unpaid ...
31st May 2023New Nationality Bill introduced to protect British citizenship of children of EU citizens
The government have introduced a new bill confirming people’s British citizenship rights to confirm how British nationality law is applied to people born in the UK to parents who are EU citizens between 1 January 1983 and 1 October 2000. The Bri ...
24th May 2023Rule changes for international students and dependents to reduce net migration
In a written statement to parliament today, Suella Braverman announced that the government intends to tighten the rules for international students in an attempt to bring down net migration figures, which are due to be published this Thursday, 25 May. ...
23rd May 2023Concern over updates to UKVI accounts of EU Settlement Scheme applicants with refusals
The Independent Monitoring Authority (IMA) has released an update on the concerns raised with the EU Settlement Scheme and the implications of the Home Office’s updates to the UK Visas and Immigration (UKVI) accounts of EU Settlement Scheme appl ...
23rd May 2023Upper Tribunal provides guidance on correct approach in deprivation of citizenship appeals
The Upper Tribunal has given guidance on the correct approach in deprivation appeals. The headnote to this case, Chimi (deprivation appeals; scope and evidence) Cameroon [2023] UKUT 00115 (IAC), says: Background Ms Chimi was born in September 1977 in ...
22nd May 2023Home Office U-turns on reporting hybrid working
The Home Office recently announced a new requirement for employers sponsoring overseas workers to report their usual working locations. They have now U-turned on that policy. During the pandemic the Home Office advised that there was no obligation for ...
18th May 2023Seasonal Workers face ongoing exploitation as government shows little interest in enforcement
Yesterday the Prime Minister announced a quota of 45,000 seasonal worker visas for 2024, “to give certainty to the horticulture sector next year, enabling them to plan ahead for the picking season”. It is billed as part of a larger package of supp ...
17th May 2023New regulations enable certain people fleeing Sudan to access benefits
New legislation comes into force today that ensures that UK and Irish nationals, and any other individual with a status in the UK that provides them with recourse to public funds, who left Sudan as a result of the recent violence are exempt from the r ...
15th May 2023New guidance on deprivation of British citizenship
New and accessible guidance has been released by the Home Office on the deprivation of British citizenship under section 40 of the British Nationality Act 1981, detailing the approach caseworkers should take when deciding such cases, replacing previou ...
12th May 2023Court of Appeal confirms refusal of habeas corpus for British citizens in Syrian Camp
The appeal of C3 and C4, two British women who travelled to Syria to join the Islamic State in Iraq and the Levant who were subsequently detained in a camp in northern Syria, has been dismissed. The case is C3 & Anor v Secretary of State for Forei ...
11th May 2023New guidance for people unable to travel to enrol biometrics
The Home Office has now published caseworker guidance on requests from applicants not to attend Visa Application Centres overseas to submit their biometrics data, or alternatively to delay attending a centre, where it is not safe to do so. Usually, an ...
5th May 2023Afghan Scheme does not stray from original policy intention by restricting eligibility
The High Court has confirmed that the restrictive parameters of the Afghan Citizens Resettlement Scheme put in place in January 2022 do not stray from the intention of the policy as it was originally announced in September 2021. R (GA) v Secretary of ...
5th May 2023New Hong Kong British Nationals (overseas) visa concessions
Last month, two new visa concessions were added to the Hong Kong British Nationals (overseas) (BN(O)) route. You can read about them in more detail in the Home Office guidance. Leave outside the rules where financial or residency requirements cannot ...
4th May 2023Challenge over continued residence dismissed after divorce finalised during imprisonment
A recent appeal concerning third country national’s right to continue residing in the UK after divorce from an EU national and release from prison was dismissed by the Court of Appeal. The case is Balogun v Secretary of State for the Home Department ...
2nd May 2023Visit visa operations are “refreshingly well run”
The Independent Chief Inspector of Borders and Immigration has now published a report on visit visa operations between December 2022 and January 2023 which confirms that overall, this area of the Home Office is functioning well, with an apparent “fo ...
21st April 2023High Court dismisses challenge to family reunion rules for refugee children
An exploration of the different entitlements to family reunion for parents and siblings of refugee children and partners and children of adult refugees was recently heard in a judicial review that highlights the barriers to family reunions in the immi ...
20th April 2023‘Adequate’ accommodation for asylum seekers questioned again in the High court
One of the latest cases to be brought to the High Court concerning accommodation standards for asylum seekers in the UK states that the UK is in a “crisis” and that the “current influx of refugees is presenting the government with ve ...
19th April 2023No second check for asylum claims certified as clearly unfounded
Immigration Minister Robert Jenrick has today announced that it will no longer be necessary for a decision that an asylum or human rights claim is clearly unfounded to be checked by a second caseworker. You can read his written statement to parliament ...
17th April 2023Home Office takes steps to protect citizenship rights for children born to EU citizens
An important update confirms British citizenship rights for people born to EU citizens between 1 January 1983 and 1 October 2000 following a change in the Home Office’s position on how British nationality law applies to them. The change was firs ...
12th April 2023Home Office publishes addendum to Rwanda agreement
An addendum to the Memorandum of Understanding between the UK and Rwanda signed last month when Suella Braverman visited Rwanda has now been published. The memorandum aim is to “create a mechanism for the relocation to Rwanda of individuals arri ...
6th April 2023Vessels and barracks: Home Office asylum accommodation announcements
Over the past week the Home Office have announced a number of plans to re-accommodate asylum seekers, culminating in yesterday’s announcement of an “accommodation barge”. So far the government has announced substitute accommoda ...
6th April 2023Assisting with the new asylum questionnaires: OISC Level 1 caseworkers and volunteers
As well as guidance for individuals receiving the new asylum questionnaires under the streamlined process, Refugee Action has produced guidance for unregulated or OISC Level 1 caseworkers, and guidance for asylum volunteers. The aim of these guides is ...
31st March 2023Amended data protection exemption for migrants declared unlawful
The High Court has ruled that the government’s second attempt to produce an immigration exemption to the Data Protection Act 2018 is still incompatible with the UK General Data Protection Regulation (GDPR). Only a week after the hearing, the jud ...
30th March 2023Update on automatic acquisition of British citizenship
In a bizarre policy-like update, the Home Office has amended its guidance on automatic acquisition of British citizenship: “While the Home Office assesses recently identified legal issues, the policy for acquisition of citizenship by individuals ...
28th March 2023Borders Inspector “frustrated” by lack of action from Home Office
The Independent Chief Inspector of Borders and Immigration, David Neal, has expressed his frustration at the Home Office’s inability properly and promptly to address report recommendations in his comments published yesterday alongside the annual ...
23rd March 2023Filling out the new asylum questionnaires: FAQs
Resources have been published by Refugee Action to assist those who have received one of the new asylum questionnaires under the Home Office’s streamlined process. You can read more in detail about what to do with the questionnaire, how to fill it i ...
22nd March 2023Spring budget migration announcements
Yesterday’s Spring Budget 2023 announced upcoming changes to the business visitor visa requirements and the addition of construction workers to the Shortage Occupation List. Additional language support for Ukraine Visa Scheme holders was also announ ...
16th March 2023New statement of changes to the Immigration Rules HC1160
A new statement of changes to the immigration rules has now been published. The explanatory memorandum to the statement can be found here. The most significant changes are the addition of the Electronic Travel Authorisation scheme, and the introductio ...
9th March 2023Court of Appeal emphasises absence of corroboration is not fatal in asylum cases
The Court of Appeal has granted refugee status in a case turning on the credibility of the appellant’s evidence. MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 provides helpful guidance on the standard of proof in asylu ...
1st March 20232,400 India Young Professionals Scheme visas available under ballot system
The much anticipated India Young Professionals Scheme visas ballot will open at 2:30 pm India Standard Time on 28 February. The ballot will close at 2:30 pm on 2 March 2023. You will be able to enter the ballot here. The page also confirms some genera ...
21st February 2023New guidance: EU Settlement Scheme: derivative right to reside (Chen and Ibrahim/Teixeira cases)
New guidance has been published by the Home Office confirming how consideration will be given to whether an applicant to the EU Settlement Scheme is a person with a derivative right to reside. A derivative right to reside in the UK was confirmed by ...
20th February 2023New modern slavery guidance for prison staff
In early July 2022 a consent order was made between the Anti-Trafficking and Labour Exploitation Unit (ALTEU) and the Secretary of State for Justice confirming that the Secretary of State would develop guidance on victims and potential victims of mode ...
15th February 2023Home Office publishes reviews of processes in the hostile environment
Yesterday, the Home Office published a number of reviews of internal data and processes relating to the hostile environment. The reviews include a range of data, including figures like 450,000 people being flagged as unauthorised migrants or in breach ...
10th February 2023Home Office has no duty to provide ‘longer term’ accommodation
The High Court confirms that there is no duty to provide longer term or different accommodation when the Home Office moves asylum seekers from section 98 accommodation. The case is DSM v Secretary of State for the Home Department (anonymity order), c ...
3rd February 2023Legal aid for asylum seekers is broken
The system of legal aid for asylum seekers in the UK is broken. The legal advice and representation available is becoming so inadequate that it may breach the state’s human rights obligations and will inevitably lead to significant miscarriages ...
31st January 2023