All Articles: hostile environment
Home Office concedes latest challenge to no recourse to public funds policy
The Home Office has conceded the latest in an increasingly long line of cases challenging the operation of the no recourse to public funds policy. This challenge was to the refusal to lift the no recourse condition from a person with section 3C leave ...
16th October 2023New illegal working fines will not stop Channel crossings but will bankrupt small businesses
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 ha ...
27th September 2023Theresa May even now doesn’t understand why the Windrush scandal happened
Theresa May’s unironically named book, The Abuse of Power, reveals that even now, five years later, she still does not understand what caused the Windrush scandal. She blames Clement Attlee’s government, other governments over the interven ...
25th September 2023What is the no recourse to public funds condition?
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 ...
22nd September 2023Home Office resume bank account closures
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 imm ...
28th April 2023Has Sunak’s bank account closure plan killed off the Windrush Lessons Learned Review?
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 ...
16th December 2022How much influence does the media have over the hostile environment?
One month into the job, it’s clear that Suella Braverman is good at making the headlines. However, some of her rhetoric may seem familiar. The government’s hostile environment policy is well-rehearsed and the media has played a significant and ...
17th October 2022Why I made a documentary about the hostile environment (and why you should see it)
The “hostile environment” that has come to define the UK’s approach to immigration policy is by now such a well-known phrase that I wonder if it has lost all meaning. It was no doubt used as a point of pride by those who popularised th ...
28th April 2022Windrush progress report shows too many lessons aren’t being learned
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 ...
4th April 2022Changes to right to work checks from 6 April 2022
Employers who want to avoid the possibility of a fine for hiring an unauthorised migrant are well advised to carry out right to work checks. Such checks are not mandatory, but where companies do carry them out, the Home Office advises that “all ...
20th January 2022How the NHS charging system is failing survivors of domestic abuse
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 se ...
23rd July 2021Briefing: what happens to EU citizens who miss the settled status deadline?
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 deadli ...
28th June 2021New data matching powers are a threat to migrant communities
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 f ...
4th June 2021Book review: Border Nation by Leah Cowan
The now notorious conclusions of the Sewell Report on race relations in the UK are no doubt at odds with the experiences of many in this country, in particular migrant communities. Surprisingly, however, the report didn’t comment on Britain’s immi ...
20th May 2021Government must go beyond a press release to get undocumented migrants vaccinated
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 ...
11th February 2021Important report on reform of immigration enforcement
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 ...
10th February 2021Home Office “didn’t take Windrush concerns seriously”, equality watchdog finds
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 Wind ...
25th November 2020Online Right to Rent checks launch later this month
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 liv ...
9th November 2020Digital-only status for EU citizens “creates a real risk of harm”, experts warn
Digital-only residence permits could make it harder for migrants to access vital services like jobs and housing, a new report warns. Landlords and employers used to physical passports and residence permits may discriminate against migrants whose proof ...
1st October 2020Mandatory self-isolation law overlooks vulnerable migrants
In a bid to slow the surge in COVID-19 cases, Prime Minister Boris Johnson last night set out new restrictions in England which range from the wearing of masks by shop workers to limits on the number of people attending weddings. These measures come h ...
23rd September 2020Priti Patel proposes Home Office revolution in response to Windrush scandal
Home Secretary Priti Patel has proposed nothing less than a revolution within the Home Office in response to the Windrush Lessons Learned Review by Wendy Williams. In a statement to the House of Commons yesterday, which should be read in full, Patel o ...
22nd July 2020Home Office doesn’t know, doesn’t care whether the hostile environment even works
The government has no way of knowing whether its flagship “hostile environment” policy on unauthorised migrants is working, the National Audit Office has found. In a report published today, the NAO says that the Home Office is “curre ...
17th June 2020The dismal Home Office response to coronavirus: the wider picture
The Home Office response to the coronavirus crisis has been hesitant at best. To the credit of the department, it has on the whole acted to protect its own staff and the staff of some of its major contractors, albeit sometimes belatedly. Basic steps t ...
28th April 2020If MPs won’t halt Right to Rent discrimination, the Supreme Court must
This week, the courts have once again found that the government’s Right to Rent checks – which require landlords to verify the immigration status of their tenants – cause discrimination on the grounds of race and nationality where it would not o ...
23rd April 2020Book review: Hostile Environment by Maya Goodfellow
If you haven’t noticed immigrants being blamed for everything from crime to low wages and overstretched public services, you have not been paying attention. In Hostile Environment: How Immigrants Became Scapegoats, the writer, journalist and aca ...
16th December 2019Book review: The Windrush Betrayal by Amelia Gentleman
Amelia Gentleman will be familiar to Free Movement readers as the Guardian journalist who exposed what has become known as the Windrush scandal. Her account of what happened, how the scandal developed and why the Windrush generation experienced the pr ...
3rd October 2019Still no clarity on immigration status checks for European residents
Following Priti Patel’s recent comments about the immediate end of free movement following a no-deal Brexit, the Home Office sent an email reassuring EU citizens that they will continue to be eligible to remain in the UK so long as they apply fo ...
28th August 2019JCWI: how we beat the hostile environment in court
Today, the High Court has ruled that the ‘Right to Rent’ checks, a key policy of Theresa May’s so-called “hostile”, now rebranded as “compliant environment”, cause landlords to discriminate against prospective tenants on racial and ...
1st March 2019High Court finds Right to Rent checks discriminatory in landmark judgment
Today the High Court found in the case of R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2019] EWHC 452 (Admin) that the government’s Right to Rent scheme causes racial discrimination ...
1st March 2019Roughly half of all illegal working fines appealed or evaded
The government has collected less than half the fines issued to employers for hiring undocumented migrants over the past five years, according to a Free Movement estimate using data released under the Freedom of Information Act. The value of illegal w ...
21st February 2019Probe of Home Office data sharing reveals plans for new migrant database
A new report from the independent immigration inspector shines new light on how enforcement officials get their hands on data about migrants from other government departments. David Bolt, the Independent Chief Inspector of Borders and Immigration, als ...
31st January 2019