IMMIGRATION NEWS WEEKLY ROUNDUP - 24 NOVEMBER 2023

Several intriguing immigration policy updates have emerged from UK government this week, warranting a close consideration, in particular for UK Business Immigration practitioners.?

Beginning with a positive development, the Displaced Talent Mobility Pilot for skilled refugees has seen promising results in integrating skilled refugees into priority employment sectors. By matching applicants to roles suiting their expertise, participating businesses have accessed specialized talent while empowering refugees rebuilding post-displacement lives. Tax contributions from pilot participants are notable too - delivering almost ￡1 million annually. Given early achievements, the pilot deservedly received a year’s extension as more businesses enrol.

Contrastingly, a concerning policy shift involves mandating stricter delivery driver checks to mitigate illegal working risks. Takeaway companies must implement tighter account access controls and ban unofficial driver substitutions. While public safety merits consideration, blanket suspensions absent due process seem heavy-handed when less disruptive diligence methods exist.

A Work Rights Centre report shed critical light on how aspects of the immigration system potentially enable migrant worker exploitation. Specifically, complainants on restricted visas tied to a single sponsoring employer face clear imbalances of power that unscrupulous businesses can leverage. Reforms addressing this vulnerability could limit exclusions from labour regulations.

Updates regarding different spectrums of visas have been flagged within the wider Autumn 2023 budget statement as well. Minor expansions to business visitor eligibility in 2024 were re-announced alongside existing commitments on youth mobility scheme places. Significantly, no reference emerged of the seismic growth across visa categories revealed in September migration statistics. Strikingly, health and care visas rose 135% annually; family visas 117%, and work visas 54% year-on-year.

The exponential health visa spike explains the Home Office indication of imminent policy reviews in this space. Current growth likely outstrips sustainable capacity ceilings across infrastructure, public services, and the economy. We may therefore see tightened entry criteria or skills tests for high-demand roles to stabilize influx rates. Consideration of these statistical pressures within the Autumn statement could have brought useful context on resourcing for incoming cohorts. Recent Court of Appeal case FN (Burundi) v Secretary of State for the Home Department, the Court upheld the deportation order of a mother despite her British-citizen child’s objections surrounding potential undue consequences. While acknowledging the inherent difficulties in such situations, the Court ultimately determined the child would not face outcomes, rising to the level of “unduly harsh” from this decision.

?As the government continues efforts to tighten migration controls, recent developments such as the Illegal Migration Act leave many vulnerable migrants at heightened risk of deportation. Consequently, a surge of Judicial Review applications is widely predicted as a safeguard against removal.?

To provide essential guidance navigating these complex proceedings, HJT is convening a timely Judicial Review Conference on December 1st. An outstanding panel featuring Mark Symes and David Jones alongside eminent King's Counsels will illuminate best practices for challenging removals across varied contexts - spanning asylum, Article 8 appeals, trafficking cases and business visas refusals.

?Delegates will receive comprehensive JR procedure updates while directly engaging expert perspectives on crafting nuanced legal arguments. The central London venue also enables valuable peer networking with delegates equally keen to master the intricacies of immigration appeals whilst participating in our 20 Year Anniversary celebration.

?With JR cases in this field projected to rise steeply in coming months, practitioners can ill-afford knowledge gaps on litigation tactics. As seats remain limited, early registration is advised to guarantee participation at this not-to-be-missed judicial review seminar. For booking, visit here

?In summary, this week's immigration developments have both been favourable and concerning aspects. The support for skilled refugee resettlement is encouraging, yet the heightened enforcement around unlawful working could unintentionally complicate things for lawful workers. Additionally, the major increase in work visa holders appears poised to strain current systems, without readily apparent planning to expand capacity to match the growth.?

As the data shows, change is afoot in UK immigration.? For immigration practitioners, staying current amid constantly evolving policies and new legal precedents presents an ongoing challenge. But knowledge truly is power in this field. Equipped with the latest updates and insights, immigration lawyers can continue providing clients with agile, compassionate representation during turbulent times.

Mastering Immigration Law supports practitioners through these turbulent times by consolidating need-to-know immigration updates and insights into a convenient email digest. Expert editor Mark Symes and his team analyse each new policy announcement, statutory change, and tribunal judgment, then summarize the practical implications for legal advisors and migrant clients. The subscription helps lawyers efficiently filter signal from increasing noise when determining relevance. Access to timely and accurate guidance allows advisors to incorporate current best practices into client case strategies.

With immigration changes unfolding daily, quality information sources remain vital. Mastering Immigration Law keeps practitioners effortlessly informed, providing the understanding required to make informed decisions amid uncertain seas. As the immigration sphere continues rapidly evolving, this trusted publication promises practitioners the analytical edge to chart a successful course ahead.

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This and more are covered in our Immigration News Weekly Roundup. The full list of updates on media news, reported case law and Home Office Policy and other document updates, visit our blog here