IMMIGRATION WEEKLY NEWS - 7th March 2025

This week has seen significant developments across UK immigration policy and case law. From extensions to eVisa grace period to landmark court decisions on trafficking claims and visa procedures.

This week, the Home Office has extended the eVisa 'grace period' from 31 March 2025 to 1 June 2025, providing additional time for visa holders to transition to the digital system. This extension aims to ensure no one is disadvantaged during the implementation process. In parallel, the UK is completing the final stage of its Electronic Travel Authorisation (ETA) rollout. From today, eligible Europeans can apply for an ETA, which will become mandatory for travel to the UK from 2 April 2025. This follows last year's successful implementation for non-European nationals, with approximately 1.1 million ETAs already issued.

The immigration advice setting is also evolving, with the Immigration Advice Authority (IAA) launching new promotional materials aimed at helping individuals understand the importance of seeking regulated immigration advice. These resources include digital posters and leaflets, available in 24 languages, which can be freely downloaded and shared with clients to help them navigate the immigration advice landscape and avoid unregulated advisors.

The past week has seen several notable court decisions with significant implications for immigration practice. In R (AAM) v Secretary of State for the Home Department [2025] EWHC 447 (Admin), the High Court determined that kidnapping for ransom can constitute human trafficking, overturning the Home Office's rejection of a Syrian national's trafficking claim. The judgment clarifies that victims of kidnapping may qualify for trafficking protections, with each case requiring individual assessment. This ruling may benefit migrants who experience abduction and ransom situations during their journeys.

In a related development regarding trafficking victims, the Court of Appeal in Secretary of State for the Home Department v S & VLT [2025] EWCA Civ 188 ruled that the Home Office can legitimately exclude victims of trafficking who are subject to deportation proceedings from benefiting from special transitional provisions available to other trafficking victims. The court found this distinction lawful and not discriminatory, confirming Parliament's prioritisation of removing those subjects to deportation orders.

Procedural correctness has also been emphasised by the Court of Session in Owusu v The Secretary of State for the Home Department [2025] CSOH 22, which overturned a Home Office decision denying entry to a Ghanaian student. Lady Haldane ruled that officials incorrectly attempted to "refuse" a visa that had already been granted, rather than properly "cancelling" it. The case establishes that immigration authorities must follow the correct legal procedure based on an individual's actual immigration status when they arrive at the UK border.

Meanwhile, a concerning report by Together with Migrant Children and the Public Law Project titled "Experiences of accessing education in asylum accommodation" has revealed significant delays for asylum-seeking children accessing education. Based on responses from 49 organisations, 76% reported issues with school placement, with delays commonly exceeding four weeks and sometimes extending beyond a year. Key issues identified include the Home Office's failure to consider school place availability when allocating accommodation, placement of families in areas with already oversubscribed schools, lack of alternative educational provision, financial barriers including transport costs and uniform requirements, and frequent relocations disrupting children's education. The research is being used to prepare a potential judicial review challenging the Home Office's housing policy on grounds it may violate sections 14 and 19 of the Education Act 1996.

Alongside these policy developments, the government continues its robust approach to illegal migration and working. Between July 2024 and 31 January 2025, immigration enforcement conducted more arrests than ever. The Home Office also issued 1,090 civil penalty notices, with employers facing potential fines of up to ￡60,000 per illegal worker. These intelligence-led operations have targeted individuals who entered the UK through various routes, including Channel crossings and visa overstayers, with recent operations in the Southeast resulting in continued arrest of individuals for working in breach of their entry conditions.

Amid heightened enforcement, employers must now ensure efficient right to work checks and proper Certificates of Sponsorship for all overseas staff. ?Additionally, the Home Office has significantly increased scrutiny of employment relationships, challenging many self-sponsorship arrangements. Advisors engaged in these complexities will benefit from HJT's specialist online courses on Skilled Worker Masterclass and The Myth of Self-Sponsorship, led by Sacha Wooldridge, which cover the latest regulatory changes and practical scenarios.

Don’t miss out on this essential training opportunity. Places are limited, to book your spot for Skilled Worker Master class, visit here and for Myth of Self Sponsorship, visit here

For more information on our other live online courses, visit here

As immigration practitioners, staying informed about these developments is essential for providing accurate advice and effective representation to clients navigating the UK's increasingly complex immigration system.

Additionally, all significant updates on Rules, Case Law and procedural changes are covered comprehensively in Mastering Immigration Law. The comprehensive resource ensures immigration advisors can meet the everyday challenges through effective interpretation of the legal resources to accelerate their case successes.

For enquiries and FREE DEMO, contact us [email protected] or call 075441 64692.

For the full list of updates on media news, reports and Home Office Guidance and Policy updates, visit our blog HERE

?Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Immigration advisors should consult the full decisions and official policy documents when advising clients on specific cases.

Written By, Shareen Khan - Legal Content Writer, HJT Training