Tuesday, 7 April 2015

Immigration News: April 2015

Introduction of migrant health surcharge

The provision for recovering NHS costs from migrants, outlined in the Immigration Act 2014, is to be implemented with effect from 6 April 2015.

From this date, nationals coming to the UK from outside the EEA for longer than six months will be required to pay a 'health surcharge' when they make their immigration application. This surcharge will also need to be paid by non-EEA nationals already in the UK who are applying to extend their stay.

Further information can be viewed here.



Non-compliance with the biometric registration regulations

A new draft version of the code of practice about the sanctions for non-compliance with the biometric registration regulations laid in Parliament on 3 March 2015, which will replace the original version issued in 2008 once it has been approved.

The draft code of practice can be viewed here.




Curtailment of Leave

UKVI have made revisions to their modernised guidance for how they consider curtailing a migrant's leave in the UK.

The revised guidance can be viewed here.




    Naturalisation as a British Citizen: report by Migration Observatory

    The Migration Observatory at the University of Oxford has published a report about how many foreign citizens acquire British citizenship, their demographic characteristics, and the various bases for their grants of British citizenship.

    The key findings of this report were as follows:

    • In 2014, just less than 125,800 foreign nationals were naturalised as British citizens. This was the lowest number since 2002, following a period of higher recorded naturalisations from 2009 to 2013.
    • 5% of citizenship applications were rejected in 2014. The majority of naturalisation refusals since 2002 have been due to failure to meet either the residence or the 'good character' requirements. English language requirements and the Life in the UK test were only responsible for a small percentage of rejected naturalisation applications.
    • 50% of naturalisation applications in 2014 were from foreign nationals who have lived in the UK for the required five years, plus one additional year as a settled resident. The remaining half is split between spouses and civil partners of British citizens and minor children registering as citizens.
    • The largest groups of newly naturalised UK citizens in 2013 had prior citizenship from India (17% of the 2013 total), Pakistan (10%), the Philippines (5%) and Nigeria, Bangladesh, Nepal and China (4% each).
    The full report can be viewed here.

    British citizenship: children of British citizen fathers

    UK Visas and Immigration (UKVI) have published updated guidance of Section 65 of the Immigration Act 2014 concerning children of British citizen fathers.

    Section 65 will be commenced on 6 April 2015 and will insert new registration provisions into the British Nationality Act 1981 for persons born before 1 July 2016.

    Further information about Section 65 and the new provisions can be viewed here.





    Guidance for Syrian nationals in the UK on how to extend their visa

    UKVI have updated their guidance on how Syrian nationals in the UK can extend their visa based on the concessions to the Immigration Rules. The revised guidance can be viewed here.





    General grounds of refusal - updated guidance

    UKVI have updated and republished their modernised guidance on general grounds for refusal, which is valid from 25 March 2015. The revised guidance can be downloaded here.

    Wednesday, 4 March 2015

    Immigration News: March 2015


    Migration Statistics Quarterly Report, February 2015 (Other Immigration Matters)


    The Office for National Statistics (ONS) has published their Migration Statistics Quarterly Report.
    Net long-term migration to the UK was estimated to be 298,000 in the year ending September 2014, statistically significant increase from 210,000 in the previous 12 months. However, this is still below the peak of 320,000 in the year ending June 2005.

    The key points in relation to other immigration matters are as follows:
    • 624,000 people immigrated to the UK in the year ending September 2014, a significant increase from 530,000 in the previous 12 months.
    • There were statistically significant increases for immigration of non-EU citizens (+49,000 to 292,000) and EU (non-British) citizens (+43,000 to 251,000).
    • Immigration of British citizens increased by 4,000 to 82,000, although this was not statistically significant.
    • The number of people emigrating from the UK remained stable with 327,000 emigrating in the year ending September 2014.
    • There was a statistically significant increase (+24,000 to 90,000) in the number of immigrants arriving to accompany or join others in the year ending September 2014.
    • There was a 6% increase in asylum applications (24,914) in 2014, compared with 2013 (23,584). However, this remained a low relative compared to the peak of 84,132 in 2002. The largest number of asylum applications in 2014 came from Eritrea (3,239), Pakistan (2,711), Syria (2,081), and Iran (2,011).


    Migrant journey: fifth report (Other Immigration Matters)


    UK Visas and Immigration (UKVI) have published their fifth ‘Migrant Journey’ report. This publication provides evidence on the behaviour of migrants entering the UK immigration system for the 6 main routes of entry to the UK and the common pathways through the immigration system that result in settlement.

    The key points in relation to other immigration matters are as follows:
    • More than three-quarters of people (77%, 32,607) issued family visas in the 2008 cohort had been granted settlement 5 years later with a further 4% still having valid leave to remain.
    • Of the top 5 nationalities issued family visas in the 2008 cohort, Somalis were the least likely to have settled after 5 years (43%) and Bangladeshi (93%), Pakistani (88%) and Indian nationals (87%) were the most likely.
    • Migrants granted family visas in the 2008 cohort (81%) were more likely to achieve either settlement or have valid leave to remain after 5 years compared to earlier cohorts (68% in the 2004 cohort).
    • Of those granted settlement in the 2013 cohort, almost half had originally been issued a family or skilled work visa, which could potentially lead to settlement and 14% were granted settlement on arrival.


    Derivative rights of residence


    UKVI have published revised guidance on the derivative rights of residence under the Immigration (European Economic Area) Regulations 2006. 

    The revised ‘derivative rights of residence’ guidance can be viewed here.




    Family members of EEA nationals who have retained the right of residence


    UKVI have published revised guidance outlining how they consider an application for a document confirming a right of residence where a family member of an EEA national has retained a right of residence in the UK. 

    The revised guidance can be viewed here.



    Immigration Act: deportation of foreign criminals


    New powers introduced in the recent Immigration Act 2014 to crack down on the misuse of appeals by criminals to delay their removal from the UK have led to 300 being removed and nearly 500 more going through the system.

    The new Act has reduced the number of appeals available to foreign criminals from 17 to 4.
    Policy guidance on the appeals process from the Immigration Act 2014 can be viewed here.
    Further information can be read here.



    New appointment: Independent Chief Inspector of Borders and Immigration 


    The Home Secretary has appointed David Bolt as the new Independent Chief Inspector of Borders and Immigration.

    John Vine stepped down from this role on 31st December 2014.

    Further information can be read here.



    Monday, 2 February 2015

    Immigration News - February 2015


    Recognising fraudulent identity documents


    The National Document Fraud Unit has updated their basic guide to forgery awareness on recognising fraudulent identity documents.

    The revised guide can be viewed here.


    Application for certificate showing right of abode

    UK Visas and Immigration (UKVI) have updated their guide on right of abode in the UK and applications for certificate of entitlement.

    The updated 'right of abode' guidance can be viewed here.




    Victims of domestic violence

    UK Visas and Immigration (UKVI) have published updated modernised guidance for how they consider applications from people who have been victims of domestic violence.

    The 'destitution domestic violence (DDV) concession' section has been reworded.

    The updated modernised guidance can be viewed here.

      Unregulated immigration advice by Moldovan accountant

      A Moldolvan accountant has been fined £2,000 for 8 counts for providing illegal advice to applicants obtaining work and resident permits.

      The press release can be viewed here.




      Migrant voters in 2015 General Election

      A record number of people (est. 4 million) who were born outside the UK will be eligible to vote in this year's general election.

      The Migrant's Right Network (MRN) has published a report on migrant voters in the 2015 General Election. This report analyses the potential impact of migrant voters on its outcome.

      You can read the full report by MRN here.


      Monday, 19 January 2015

      Immigration News - January 2015

      Inspection of Nationality Casework

      The Independent Chief Inspector of Borders and Immigration, John Vine, has published his report on the inspection of nationality casework.

      The key findings were as follows:
      • There was a strong focus on providing good customer service in Nationality Casework.
      • The majority of applications were decided well within the service standard and the Nationality Team had received the Customer Service Excellence Accreditation.
      • The Nationality Checking Service, which allowed applicants to submit their applications at a number of local authorities throughout the UK, was working well.
      • The Nationality Casework were not scrutinising applications appropriately and caseworkers were not taking account of evidence of character in order to ensure the requirements of the British Nationality Act 1981 had been met.
      • British citizenship had been granted to applicants with very poor immigration histories.
      • Almost no other checks, apart from automated police and immigration checks were being conducted to establish the good character of applicants who had applied to be naturalised as a British Citizen.
      • Eligibility requirements in respect of referees were disregarded and played no part in the decision-making process.
      • There was also no evidence of any consideration being given to prosecuting applicants who had used deception to obtain British citizenship, other than in a small number of cases involving organised crime.
      The full report can be read here. The Home Office's response to the report can also be viewed here.




      Natualisation as a British Citizen: updated booklet (Form AN)

      Revisions have been made by UKVI to the booklet accompanying Form AN, which is the form used by those applying for citizenship by naturalisation if they are living in the UK. The updated booklet can be viewed here.




      Illegal migrants opening Bank Accounts

      New powers to stop illegal migrants from opening bank accounts were introduced on 12 December 2014, as part of the Immigration Act.

      Banks and building societies will be barred from opening a current account for immigration offenders who are on the anti-fraud CIFAS database.




        Recognising fraudulent identity documents

        UKVI have updated their guide on how to detect basic forgeries in identity documents when provided as proof of identity, nationality, status and employment in the UK.

        The updated guide can be viewed here.
        Inspection of overstayers

        The Chief Inspector of Borders and Immigration, John Vine has published his inspection report of how the Home Office handles the cases of individuals with no right to stay in the UK (overstayers).

        Since his previous inspection, the Home Office has signed a contract with Capita plc to review, and where possible close, the records of migrants in the Migration Refusal Pool (MRP) who had been refused further leave but who had not left the UK or were not known to do so. The Home Office had also restructured enforcement casework with a view to resolving outstanding cases and increasing the number of those who are removed.

        A further 223,600 records, predating December 2008, which had not previously been included within the MRP were identified at the start of the inspection. The scope of the inspection was therefore expanded to include the Home Office's management of these cases.

        The key findings were as follows:

        • Both Capita plc and the Home Office had made considerable efforts to manage this work. However, many of the expected financial benefits had not materialised.
        • Far fewer migrants had been persuaded to depart than anticipated. Of the 120,000 people whose cases were sent to Capita, less than 1% had left as a result of Capita's intervention.
        • There was a high level of inaccuracy in the classification of MRP records, with more than a quarter of departures in the sample being recorded incorrectly. Individuals had also been wrongly recorded as being immigration offenders, which could have led to them being stopped and delayed at the border.
        • Inefficiencies were found in every part of Removals Core Casework.
        • Workflow teams were not allocation cases optimally and cases were not being progressed as swiftly as possible.
        • A lack of management information also hampered managers from monitoring caseloads and case progression adequately.
        • There was a lack of coordination and cooperation within Immigration Enforcement, particularly between Removals Core Casework and Immigration Compliance & Enforcement Teams.
        • Case progression was being impeded by the lack of communication, absence of shared targets and inconsistent processes.
        The full report can be viewed here. The Home Office's response to this report can also be viewed here.





        2015 Allocations for Tier 5 Youth Mobility

        An updated list of the countries and territories participating in the Youth Mobility Scheme and annual allocations of places for 2015 can be viewed here.

        Applications for Settlement: returning residents

        UK Visas and Immigration (UKVI) have updated their guidance on settlement applications from returning residents in respect to who qualifies for this.

        The updated guidance an be viewed here.