Immigration News Weekly Roundup –17 May 2024
The much-awaited Migration Advisory Committee (MAC) report took immigration news by storm this week. Contradictory to the senior Conservatives claim,MAC concluded that there is no evidence of widespread abuse of UK’s graduate visa route,that it is being exploited to enter the jobs market. The MAC recommended that the Graduate Visa entitlement should remain in place,stating that the risks of abuse were relatively low and were “not undermining”the integrity and quality of the higher education system.
The report recognizes the growing trend of international students staying in the UK after completing their studies,with many opting for the Graduate visa route. The primary focus of the report presented an analysis of the Graduate route visa usage. The journeys of foreign nationals who came to study in the UK,and early insights on Graduate visa holders’earnings and employment by linking data from the Home Office and HMRC. However,the report does not provide any specific recommendations or propose a way forward.
However,any proposed way ahead is not included in this report. The report indicates that it is too early to determine whether behaviours of the early adopters of the Graduate route will be indicative of the behaviours of later cohorts,suggesting that additional analysis may be necessary in the future to fully comprehend the impact and outcomes of the Graduate route.
Universities already reported a steep drop in international students applying to come to the UK,amid warnings that further restrictions on student visas would compromise on a vital flow of talent for Britain’s creative industries. Additionally,until the Government gives its verdict following the review,we also saw the effect on the job sector as the reports emerged that HSBC and Deloitte have withdrawn the job offers for international graduates due to the uncertainty on the route.
Rishi Sunak’s deportation flights to Rwanda remains the cornerstone of the government’s immigration policy. Reports have emerged that the first flight could begin as early as 24 June,despite government sources previously indicating that the first flights carrying asylum seekers would take off in July.
The removal now also applies to refused asylum seekers. The Home Office has announced that tens of thousands of people who have been refused asylum in the UK have been added to the group of people at risk of being forcibly removed to Rwanda,following an agreement between the UK and Rwandan governments to extend the cohort of those eligible for forced removal.
While the UK Government pushes ahead with its Rwanda plan,a High Court judge in Northern Ireland has ruled that Rishi Sunak’s Rwanda deportation policy should not apply in the region,as it undermines the human rights protections guaranteed in Northern Ireland under the post-Brexit arrangements.
As the UKVI tightens laws on migrants,there has been increased scrutiny on immigration advisors as well to comply with the regulatory framework and practice with integrity.
In a recent case,a former solicitor who was banned from practice nine years ago has been sentenced to prison on the account of dishonest financial gains. The individual in concern had submitted fraudulent immigration applications on behalf of clients in exchange for payment,despite knowing that these applications had no chance of success. The Home Office traced these applications back to the accused,leading to an investigation that resulted in their sentencing last week.
We are pleased to share the good news that HJT’s collaboration with the Open University continues to grow. The newly introduced Advanced UK Immigration Law (OISC Level 2 &3)course is designed for individuals interested in learning about the complex aspects of UK Immigration law and becoming OISC Level 2 or 3 accredited.
This course,developed in collaboration with the OU and HJT Training,covers the OISC Level 2 and 3 syllabi,providing an opportunity to learn about UK Immigration Rules,exceptions to those rules,and the skills through flexible study. With a variety of online learning materials,aspiring candidates will gain knowledge of specific areas of UK immigration law,the permitted work of an OISC Level 2 or 3 advisor and prepare for the OISC Level 2 or 3 examination with confidence. For more information on the course or to register,visit here
For more information on our other live sessions,visit here
For enquiries,contact us enquiries@hjt-training.co.ukor call 075441 64692.
For the full list of updates on media news,reports and Home Office Policy and other document updates,see below
IMMIGRATION NEWS
Refused asylum seekers also at risk of being sent to Rwanda,says Home Office – The Guardian
Tens of thousands of people who have been refused asylum in the UK have been added to the group of people at risk of being forcibly removed to Rwanda,the Home Office has announced.
The UK and Rwandan governments have agreed a deal to extend the cohort of those eligible to be forcibly removed to the east African country to refused asylum seekers. Lawyers have condemned the development and said it would drive asylum seekers underground.
For full report,click here
Home Office department processing Rwanda deportations told to cut jobs – The Guardian
The head of the Home Office section that detains and processes asylum seekers for deportation to Rwanda has halted recruitment and is drawing up plans for staff cuts after demands from Jeremy Hunt,leaked documents show.
Stuart Skeates,the director general for strategic operations at Illegal Migration Operations Command (IMOC),wrote to colleagues on Tuesday to say his department had been told to cut the numbers of staff to “pre-pandemic levels”,in line with the chancellor’s plans.
For full report,click here
People on Bibby Stockholm treated like ‘cattle’,former workers say – The Guardian
Asylum seekers on the Bibby Stockholm,the controversial barge in Dorset on which one man killed himself,are treated like “cattle” and are made to endure rancid food,bed bugs and flooding,former workers have said.
A pair of ex-employees have spoken publicly for the first time about the putrid state of the vessel,and how asylum seekers have been subjected to power cuts and poor physical conditions.
For full report,click here
No evidence foreign students are abusing UK graduate visas,review finds – The Guardian
There is no evidence of widespread abuse of the UK’s graduate visa route,the government’s immigration advisers have concluded,despite repeated claims from senior Conservatives that it is being exploited to enter the jobs market.
The Migration Advisory Committee (MAC) said the graduate visa entitlement – allowing international students to work for two or three years after graduating – should remain in place. Members said the risks of abuse were relatively low and were “not undermining” the integrity and quality of the higher education system.
For full report,click here
Rwanda deportation law should not apply in Northern Ireland,court rules – The Guardian
The cornerstone of Rishi Sunak’s Rwanda deportation policy should not apply in Northern Ireland because it undermines human rights protections guaranteed in the region under post-Brexit arrangements,a high court judge has ruled.
Parts of the UK’s Illegal Migration Act were also incompatible with the European convention on human rights (ECHR),Mr Justice Humphreys said.
For full report,click here
UK universities report drop in international students amid visa doubts –The Guardian
Universities are reporting a steep drop in international students applying to come to the UK,amid warnings that further restrictions on student visas would torpedo a vital flow of talent for Britain’s creative industries.
University and industry leaders fear that the graduate visa entitlement,which allows international graduates to work in the UK for up to three years,could be axed or curtailed,depending on the findings of a report by the migration advisory committee (MAC) due to be delivered to the government on Tuesday.
For full report,click here
Home Office faces legal challenge over risk of lone children being sent to Rwanda – The Guardian
The Home Office is being threatened with legal action over concerns that children face being sent to Rwanda because officials wrongly identify them as adults,the Observer can reveal.
With ministers desperate to see flights take off as soon as possible amid a record 181 detected Channel crossings so far this year,the department has been anticipating a flurry of legal complaints to be triggered as a result of the pledge to deport some asylum seekers to the east African country.
For full report,click here
‘Self-defeating’:senior Tories warn Sunak against clampdown on international students – The Guardian
Universities will be plunged into greater financial distress and Britain’s economic recovery dented should ministers proceed with a new “self-defeating” clampdown on international student visas,senior Tories are warning.
Vice-chancellors believe a renewed attempt to reduce visa numbers is just weeks away after ministers ordered their immigration advisers to make an emergency assessment of how a visa designed to attract students to the UK was operating. The report is expected to land on the desk of home secretary James Cleverly next week.
For full report,click here
Revealed:Thousands of ‘innocent and abandoned’ migrant care workers told to leave UK – The Guardian
Thousands of migrant care workers have been threatened with deportation,despite doing nothing wrong,after the Home Office took enforcement action against their employers.
In one case,a brother and sister from India who paid a recruitment agency £18,0 to secure care jobs in the UK,only to find they had been scammed,were told they must find another company to sponsor them in 60 days or leave the country.
For full report,click here
Labour government would halt Rwanda deportations from day one,Starmer says – The Guardian
Labour will not allow any deportation flights to take off for Rwanda from the moment it wins an election,Keir Starmer has said.
After a speech in which he announced his plans to tackle illegal immigration,Starmer committed to scrapping the Rwanda scheme “absolutely,flights and all”.
For full report,click here
Home Office U-turn lets woman stay in UK with husband and son – The Guardian
A woman threatened with deportation and separation from her husband and 10-year-old son is celebrating after a Home Office U-turn allowing them to stay together.
The Home Office previously told Malwattege Peiris to leave the UK despite a court ruling that the family have the right to live together in the UK.
For full report,click here
First UK deportation flight to Rwanda could take off in June,court papers suggest – The Guardian
Rishi Sunak’s deportation flights to Rwanda,the cornerstone of the government’s immigration policy,could begin as early as 24 June,court papers seen by the Guardian show.
Government sources had indicated that the first flights carrying asylum seekers would take off in July,but a court order released on Friday has disclosed that the government now says flights could take off in late June.
For full report,click here
Starmer to rip up Rwanda scheme and fund new anti-smuggling unit – The Guardian
Keir Starmer will promise to rip up the government’s Rwanda scheme and divert £75m to fund hundreds of new specialist officers to tackle people-smuggling with new counter-terror powers.
At a speech on Friday in Dover – the home of Natalie Elphicke,who defected to Labour this week after criticising Tory failures on border security – the Labour leader will call the government’s plan “an insult to anyone’s intelligence” and say “the gangs that run this sick trade are not easily fooled”.
For full report,click here
Rising protests among UK asylum seekers held for deportation to Rwanda – The Guardian
Protests and hunger strike among asylum seekers held in detention centres in preparation for deportation to Rwanda are increasing,the Guardian has learned.
Approximately 55 detainees,including Afghans,Iranians and Kurds,are believed to have staged a 10-hour peaceful protest in the exercise yard at Brook House immigration removal centre,near Gatwick airport,from 6pm on Tuesday until 4am on Wednesday.
For full report,click here
Banned solicitor jailed for false immigration claims – Law Gazette
A former solicitor banned from practice nine years ago has been jailed for posing as an immigration lawyer for financial gain.
Flora Mendes was jailed for seven-and-a-half years after exploiting at least 19 victims who thought they were using a legitimate lawyer who would help secure them leave to remain in the UK. The Home Office has now seized more than £700,0 in assets she gained from her deception.
For full report,click here
CASE LAW
ADL &Ors v Secretary of State for the Home Department [2024] EWHC 994 (Admin)
In a comprehensive judgement handed down today,the High Court has ruled that several aspects of the Home Office’s use of GPS tagging on four migrants released on immigration bail were unlawful. The judgement offers general guidance on the lawfulness of electronic monitoring. The court’s decision reveals significant procedural fairness issues,including the Home Office’s failure to provide explanations for imposing or maintaining GPS tracking. Additionally,the court found that the Home Office unlawfully neglected to review the GPS tracking conditions of multiple claimants,breaching the right to private life of two of the claimants. In two cases,the court also determined that the Home Office had violated the claimants’right to privacy by continuing to impose GPS tracking even when it was no longer deemed ‘necessary in a democratic society’.
For full decision,click here
Northern Ireland Human Rights Commission &JR295 v Secretary of State for the Home Department,Re:The matter of the Illegal Migration Act 2023 [2024] NIKB 35
The High Court has ruled that multiple provisions in the Illegal Migration Act breached the UK’s obligations under Article 2(1) of the Windsor Framework and the European Convention on Human Rights. The Court has disapplied the offending provisions in Northern Ireland and declared some of them incompatible with the European Convention on Human Rights,as the Windsor Framework guarantees no diminution of rights protected by the Belfast (Good Friday) Agreement following Brexit.
The Commission initiated this legal challenge under its own name due to significant concerns about the Illegal Migration Act and its potential impact on asylum seekers in Northern Ireland.
For full decision,click here.
INDEPENDENT REPORTS
Rapid Review of the Graduate Route,2024 –Migration Advisory Committee (MAC)
The Migration Advisory Committee (MAC) stated that its review found that there was no evidence of widespread abuse within the Graduate route and concluded that the route is not undermining the UK’s higher education system.
However,MAC added that there was reason to believe that some agents and subagents involved in recruiting international students are misrepresenting UK higher education and exploiting students in the process.
For full report,click here
HOME OFFICE GUIDANCE AND POLICY DOCUMENT UPDATES
Guidance:Apply for a Ukraine Family Scheme visa has been updated on 16thMay 2024. To view updated Guidance,click here
Guidance:Assessing the English language requirement Caseworker Guidance has been updated on 16thMay 2024. To view updated Guidance,click here
Guidance:Ukrainian nationals in the UK Visa support has been updated on 16thMay 2024. To view updated Guidance,click here
Guidance:Apply for a visa under the Homes for Ukraine Sponsorship Scheme has been updated on 16thMay 2024. To view updated Guidance,click here
Guidance:UK visas on a Temporary Work route Caseworker Guidance has been updated on 16thMay 2024. To view updated Guidance,click here
Guidance:UK visa support for Ukrainian nationals has been updated on 16thMay 2024. To view updated Guidance,click here
Guidance:Apply to stay in the UK under the Ukraine Extension Scheme has been updated on 16thMay 2024. To view updated Guidance,click here
Guidance:Bhutan –tuberculosis test clinics for a UK visa has been updated on 15thMay 2024. To view updated Guidance,click here
Promotional material:Online immigration status (e-Visa) help videos has been updated on 15thMay 2024. To view updated Promotional material,click here
Guidance:Online immigration status (e-Visa) has been updated on 15thMay 2024. To view updated Guidance,click here
Guidance:Register of licensed sponsors:students has been updated on 15thMay 2024. To view updated Guidance,click here
Guidance:Register of licensed sponsors workers has been updated on 15thMay 2024. To view updated Guidance,click here
Guidance:Modern slavery victims’ referral has been updated on 14thMay 2024. To view updated Guidance,click here
Guidance:India tuberculosis test clinics for a UK visa has been updated on 14thMay 2024. To view updated Guidance,click here
Guidance:Powers and operational procedure caseworker have been updated on 13thmay 2024. To view updated Guidance,click here
Guidance:Criminality guidance in article 8 ECHR cases caseworker has been updated on 13thMay 2024. To view updated Guidance,click here
Guidance:Prove your English language abilities with a secure English language test (SELT) has been updated on 13thMay 2024. To view updated Guidance,click here
Guidance:Cases involving pending prosecution caseworker has been updated on 13thMay 2024. To view updated Guidance,click here
Guidance:Returns preparation caseworker has been updated on 13thMay 2024. To view updated Guidance,click here
Guidance:UKRI endorsement:endorsed funders (Global Talent visa) has been updated on 10thMay 2024. To view updated Guidance,click here
Guidance:UKRI endorsement employing or hosting institutions (Global Talent visa) has been updated on 10thMay 2024. To view updated Guidance,click here
Guidance:Pakistan country policy and information notes has been updated on 10thMay 2024. To view updated Guidance,click here
Guidance:Unaccompanied asylum-seeking children and leaving care funding instructions has been updated on 09thMay 2024. To view updated Guidance,click here
Guidance:Visitors and transit customer service standards has been updated on 09thMay 2024. To view updated Guidance,click here
Guidance:Visa processing times applications outside the UK has been updated on 09thMay 2024. To view updated Guidance,click here
Transparency data:Ukraine Visa Schemes visa data has been updated on 09thMay 2024. To view updated Transparency data,click here
STAY TUNED FOR MORE IMMIGRATION NEWS NEXT WEEK!
