News
30.03.2023 - Amended data protection exemption for migrants declared unlawful
The High Court has ruled that the government’s second attempt to produce an immigration exemption to the Data Protection Act 2018 is still incompatible with the UK General Data Protection Regulation (GDPR). Only a week after the hearing, the judgment in R (on the application of the3million & Anor) v Secretary of State for the Home Department & Anor [2023] EWHC 713 (Admin) has been published.
The immigration exemption
Data protection laws give people various rights over their personal information, including the ability to request a copy of what an organisation has on file about them. This rig...
28.03.2023 - New amendments to the ILR under the 10-year long residence from 12 April 2023
The current definition of what constitutes lawful residence in the UK under the long residency rules is unclear and this has lead, apparently, to “confusion for customers and a broader interpretation than intended”.
Since 12 April 2023 the time spent on the following visa categories shall not count towards time lawfully and continuously resident in the UK:
- Visitor visa
- Short-term student visa
- Seasonal worker visa
- time spent on immigration bail, and
- time spent on temporary admission granted while an application for asylum or humanitarian protection is under consideration
T...
27.03.2023 - Refusals of naturalisation on good character grounds can only be challenged by irrationality
In a colourfully-worded and expressive judgment, the High Court has found that challenges to the Home Secretary’s decision to refuse citizenship naturalisation applications can only be challenged on grounds of irrationality. The judgment is R (Sandy) v Secretary of State for the Home Department [2023] EWHC 640 (Admin).
The facts
Kanja Sandy was born in Sierra Leone in 1972. He had aligned himself with Johnny Paul Koroma, who seized power during a coup in 1997, acting as his aide-de-camp. Personnel from the Koroma regime were known to have committed numerous atrocities amounting to war crimes.
...24.03.2023 - Good sponsorship management updates from the Home Office
The Home Office has emailed sponsor licence holders today to announce a few small but significant improvements that used to clog up the sponsor management system.
Annual certificate of sponsorship (‘CoS’) allocations will now be automatically renewed with the same number as the previous year’s allocation. This saves the annual crystal ball-gazing hassle of requesting and justifying a fresh allocation for each upcoming year. If extra CoS are needed for any upcoming year, sponsors can still request an increase.
The automatic allocation renewal will only kick in for those whose allocations that e...
23.03.2023 - Bank of England raises interest rate by quarter point after surprise leap in inflation
The Bank of England has revealed it no longer believes the UK will face a technical recession this year, as it raised the interest rate by a further quarter percentage point.
The unexpected change to its forecast was contained in the minutes alongside its decision to raise borrowing costs for an eleventh successive time to 4.25%.
The monetary policy committee's decision follows hard on the heels of data showing that far from falling in February, UK inflation rose to 10.4%.
Some had speculated that in the face of the financial instability the Bank might pause its increases in borrowing costs - ...
15.03.2023 - UK seeks to attract builders with looser immigration rules
Rishi Sunak’s government announced today, 15 March, that it will loosen immigration rules in a bid to attract more foreign construction workers to the UK and address a labor shortage in the industry and to enable them to work on the Skilled Worker Visa basis.
The construction and hospitality sectors account for 6% and 7% of all workforce jobs respectively. Currently, 30% of all jobs in construction are also self-employed. Self-employed workers are not eligible for the Skilled Worker visa route.
Five construction occupations be added to the shortage occupation list sometime before the summer pa...
15.03.2023 - UK Budget 2023: Key points and provisions
Chancellor Jeremy Hunt has unveiled the contents of his first Budget in the House of Commons.
It had a focus on prompting those who have left their jobs to return to the workforce, and boosting business investment.
Here is a summary of the main announcements.
Taxation and wages
- Cap on amount workers can accumulate in pensions savings over their lifetime before having to pay extra tax (currently £1.07m) to be abolished
- Tax-free yearly allowance for pension pot to rise from £40,000 to £60,000 - having been frozen for nine years
- Fuel duty frozen - the 5p cut to fuel duty on petrol an...
10.03.2023 - High Court considers how the loss of work may engage article 8
The treatment of a person’s job in human rights claims has been ambiguous and inconsistent in previous High Court decisions, but the judgment in Kulumbegov v Home Office [2023] EWHC 337 (KB) usefully corrals the decisions of Denisov v Ukraine (app. no. 76639/11), R (oao Atapattu) v SSHD [2011] EWHC 1388 (Admin), and Husson v SSHD [2020] EWCA Civ 329, to confirm two discrete routes in which the loss of work may engage article 8 of the European Convention on Human Rights (ECHR). The decision in this case was a claim for damages, however it also offers some useful pointers as to how these routes ...
09.03.2023 - Statement of changes to the Immigration Rules HC1160
The most significant changes are the addition of the Electronic Travel Authorisation scheme from 13 April 2023, and the introduction of the Innovator Founder route on 13 April 2023. The minimum salary requirement for worker routes has also increased from £25,600 to £26,200.
Electronic Travel Authorisation (ETA) scheme
In a written statement to the House of Commons this morning, immigration minister Robert Jenrick explained that one of the government’s ongoing priorities is securing the UK’s borders and keeping people safe. Part of this initiative is to make sure that everyone wishing to travel...
28.02.2023 - Sponsor licence holders should complete mock audits to prepare for Home Office checks
When employers apply for and are granted a licence to sponsor workers, they make a pledge to accept all the duties of sponsorship, and the Home Office can take compliance action when they consider that a sponsor has failed to uphold their duties or otherwise poses a risk to immigration control. One of the most effective ways for the Home Office to check whether a sponsor is compliant is to audit them through a site visit. They will inspect HR documents and processes and interview employees to verify that the sponsor is complying with their duties.
The Home Office is currently targeting some em...
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