Free Movement Weekly Immigration Newsletter #33

Welcome to the weekly Free Movement newsletter!

I noticed what appears to be an interesting change of framing on eVisas last week. A written question for the Home Office on the roll out of the new system was answered in a way that seems to downplay the importance of the end of year deadline:

“The transition to eVisas does not impact a customer’s underlying immigration status. For many, the end 2024 deadline will have no impact; most people don’t need to prove their immigration status on a day-to-day basis, and many of the checks performed will be unaffected by the expiry of Biometric Residence Permits (BRPs).

BRP holders will also still be able to use the online right to work and rent services to prove their rights once their BRP expires – provided they still have valid status – although we will encourage them to register for an account and to use that to access those services.”

This answer of course fails to acknowledge the potentially catastrophic impact on those who are affected, given that an inability to prove immigration status can result in the loss of work and or home. The inadequacy of the existing online right to work and rent services for those with valid leave but expired biometric residence permits was considered in detail in the recent RAMFEL section 3C case, with even the Home Office accepting that there was a risk of disadvantage. 

On Free Movement, we have published a new course on age assessments, and tickets for our new season of webinars and workshops are already selling well so don’t miss out!

Last week I wrote up a case that was unreported when we published but was formally reported on Friday, this was an Upper Tribunal decision on Zambrano carers. We also covered a new report by Asylos for those working with young people and children from Sudan. Our briefing on applying for an ancestry visa has been updated.

The latest trafficking statistics have been published, covering the period April to June 2024. Delays remain high and positive decisions by the immigration enforcement competent authority remain very low, particularly when contrasted with the single competent authority.

For everything else on the blog and elsewhere, read on.

Cheers, Sonia

What we’re reading

I came to the UK as an Afghan refugee. The far-right riots remind me of the hatred I fled – Hyphen, 12 August

Number of UK asylum seekers who died in Home Office care doubles in a year – The Guardian, 19 August

Rise in DNA tests being used to claim citizenship of other countries – The Observer, 18 August

Council data breach sees personal details of Ukrainian refugees released – STV News, 16 August

The UK’s ‘Safe and Legal’ Humanitarian Routes: from Colonial Ties to Privatising Protection – The Political Quarterly, 16 August

Functioning asylum system would deter migrant Channel crossings, says NCA boss – The Standard, 15 August

Boat on which at least eight died in Channel was ‘wholly unsuitable’ – The Guardian, 15 August

Britain has many levers for controlling migration. Which ones should it pull? – The Economist, 15 August

‘Abhorrent chapter’: New bill proposes 90-day cap on immigration detention – SBS News Australia, 19 August