May 2014 - ICS Legal Blog

Contact Us: + 44 0207 237 3388

Latest UK & International Legal News

deport migrants and failed asylum seekers

The Guardian: Home Office making secret payments to obtain travel documents from embassies 22 May 2014 EIN The Guardian reported yesterday that the Home Office is making "secret" payments to embassies to obtain travel documents in order to deport migrants and failed asylum seekers. According to the Guardian, diplomatic sources from embassies in Asia, Africa and the Middle East said the Home Office offered money in return for providing travel documents as quickly as possible. The payments do not appear in the Home Office's annual report. One African diplomatic source told the Guardian: "I know that some embassies do accept payments from the Home Office for providing travel documents, but we do not because we consider it to be improper to take money for this. Sometimes it takes us a long time to check out whether someone the Home Office wants to remove is actually from my country." A Home Office spokesman told the Guardian: "We work closely with embassies from a wide range of countries to obtain travel documents to assist removal." According to the Guardian, the Home Office said it would not make more than a three-figure payment for travel documents, though some diplomats said they had been offered...

Rise in EU migration to the UK

Rise in EU immigration to the UK Official figures show a rise in the arrival of European Union citizens to the UK in the year to December 2013, but net migration remains unchanged. The latest figures from the Office for National Statistics said net migration remained at 212,000, unchanged from the previous quarterly figures. Separate data shows a 7% rise in registrations of overseas workers to 603,000 in the year to March 2014. Net migration means the number of people arriving, minus those leaving. The level of net migration stands at more than twice the government's target of 100,000 a year. Statistically significant The detailed figures show that in the year to December 2013, some 201,000 EU citizens came into the UK as long-term immigrants, something officials said was a statistically significant increase of 43,000 over the previous year. Why do people come to the UK? 214,000 for work 177,000 to study 71,000 for family reasons 24,000 seeking asylum 19,000 returning home 21,000 no reason stated Estimated figures based on ONS survey data Of those, 125,000 came for work reasons, up from 95,000 the year before. However, due to changes in movements of other categories of people, the overall net...

Immigration rules changes on, March to July 2014

Changes to the immigration rules, March to July 2014 The Home Office has published two Statements of Changes to the Immigration Rules this month.  The statements announce some upcoming changes to the immigration rules for Tier 4 applicants and their dependants, and changes to some other immigration rules that can affect students. The changes which are most relevant to students are about: which nationalities need a tuberculosis (TB) test before applying for a visa how much money a Tier 4 applicant or their dependant needs to show, and the maximum deduction for accommodation fees already paid to the Tier 4 sponsor a new "acceptable" bank in Bangladesh three new "low risk" nationalities, and a change for all "low risk" nationals ATAS clearance for a Tier 4 Doctorate Extension Scheme application changes to the visa national list a change to the work restriction for Tier 4 dependants We have summarised these changes below, and the dates when the changes will take effect.  Unless otherwise stated, the new rules affect applications made on or after the stated date. 31 March 2014:  Tuberculosis testing Algeria, Belarus, Bhutan, Burma, Iraq, Sri Lanka and Ukraine will be added to the list of countries whose nationals need to...

New VIP visa service for wealthy foreigners

Wealthy foreign business executives will get a new “VIP” visa service to speed their entry to the UK, Theresa May will announce. Ministers are creating a new visa system for global business leaders amid concerns that moves to tighten immigration rules are deterring “high-value” individuals from overseas. Around 100 wealthy foreigners will initially be invited to join a new “bespoke” visa service which the Home Office said will ensure their passage through the UK border system is “swift and smooth.” Members of the “GREAT Club” will get a personal “account manager” at the UK Visas and Immigration service to deal with their travel plans. The manager will arrange vip visa services “tailored to each individual’s needs at no extra cost”, the Home Office said. Officials declined to say who would qualify for the club, saying only that individuals in a position to make a “significant contribution” to the economy would be eligible. Mrs May, the Home Secretary, will also announce plans to extend existing priority visa services (vip visa service) to business people in more countries. Rich visitors from India and China will be able to apply for same-day visa approval, instead of waiting several days. The Home Office said that...

Miliband rules out EU referendum

In a speech to the London Business School this morning, Ed Miliband ruled out an EU referendum vote in the next Parliament – unless there’s a significant transfer of power to Brussels. Here’s the full text of the speech: It is great to be here at the London Business School. For fifty years, in the teaching you provide you have made a major contribution to helping businesses succeed across the world. And today I want to talk about an issue that I know is close to your heart: Britain’s place in the European Union. I want to set out why I believe our country’s future lies in the EU. Why the EU needs to change. What that means for the next Labour government’s position on Britain’s membership of the European Union. And our policy for our general election manifesto for the next Parliament. I want to start with events in Ukraine. In recent weeks, we have been reminded of what the European ideal means. One of the most striking sights of this year has been those pictures we have watched of young Ukrainians waving the EU flag. For them Europe is an ideal: a symbol of a better future, of...

Immigration Act-fundamental changes to how our immigration system functions.

The Immigration Bill received Royal Assent today (14 May) making way for a series of reforms which will ensure our immigration system is fairer to British citizens and legitimate migrants and tougher on those with no right to be here. The Immigration Act 2014 contains 77 clauses and makes fundamental changes to how our immigration system functions. It will limit the factors which draw illegal migrants to the UK, make it easier to remove those with no right to be here and ensure the Courts have regard to Parliament’s view of what the public interest requires when considering Article 8 of the European Convention on Human Rights in immigration cases. Immigration Act Immigration and Security Minister James Brokenshire said: The Immigration Act is a landmark piece of legislation which will build on our existing reforms to ensure that our immigration system works in the national interest. We are already planning its implementation and will ensure these measures are introduced quickly and effectively. The Immigration Act will significantly enhance the way Border Force, Immigration Enforcement and UK Visas & Immigration undertake their work to secure the border, enforce the immigration rules and continue to attract the brightest and the best. Highlights...

Detention – immigration removal centres

Every year, tens of thousands of would-be immigrants to the UK are taken to detention centres while the authorities seek to deport them. What happens to them once they get there and become isolated from the outside world? Edwin Sandy is watching a football match between fellow inmates at Dover immigration removal centre in Kent, as he tells the BBC what life in detention is like. "Who's playing? There's Albanians, Sierra Leone, French, Arab, Moroccan. Very international match," he says. Dover holds about 300 people, and there is tough competition to be one of the 10 selected each day to play football. Despite the camaraderie of the game, Sandy feels isolated because so few of the other inmates have English as their mother tongue. "Every day you meet new people, people coming in and out, and different nationalities. There's a language barrier. It's like a mental asylum, it's very crazy," he says. Sandy gives his account of life inside the centre by mobile phone - reporters are not allowed on the premises. Now 35, he says he came to the UK from Sierra Leone when he was 13, but recently lost his right to remain in this country because of...

immigration – Labour’s new ‘progressive’ approach.

In a speech on immigration a year ago, I said that politicians didn’t talk enough about immigration. Twelve months on, everyone is talking (and sometimes shouting) about it. But in all the heat and the noise, it is sometimes hard to hear what’s really being said. That is why today I want to set out why Labour’s approach to immigration is a progressive one. Why it is different from a traditional conservative approach, and a free market liberal approach. I want to explain how and why Labour’s policy has changed. But why we think the Government’s approach is failing too. And I want to set out five distinct features of a Labour, progressive approach – and why it would be better and fairer for Britain: First, an open honest debate that doesn’t promote hostility but doesn’t ignore concerns. Second, action to control the unfair impact of immigration – especially on low skilled jobs and wages – so the system is fair. Third, stronger controls – especially at Britain’s borders, so we can manage the level of immigration and stop abuse. Fourth, a smart system which distinguishes between types of immigration, so we bring benefits to our economy and tackle problems. And fifth, fair rules so those...

Deportation – Overstayers’ Regularisation Scheme

Prior to 2 October 2000 a person who "overstayed" the period of his limited leave in the United Kingdom would have been liable to deportation. On 2 October 2000 section 10 of the Immigration and Asylum Act 1999 came into force. This made provision for those overstayers, not previously served with a notice of a decision to make a deportation order, to be administratively removed from the United Kingdom by way of directions given under section 10. Deportation was expensive and time-consuming process, which carries with it both a bar on return for at least three years and a right of appeal before removal. The system that replaced it ensured overstayers were removed with no right to appeal the decision in the UK unless they made an asylum or human rights claim whilst in the United Kingdom, or in the case of an EEA national or family member of an EEA national, he claims that the decision would breach his Treaty rights in respect of entry to or residence in the United Kingdom. Section 9 of the 1999 Act allowed arrangements to be made under which overstayers could apply to regularise their stay i.e. to apply for leave to remain. Applications had to be made...

ILR (on the application of Fitzroy George) (Respondent)

Case summary Issue Where a deportation order is revoked, does the leave to remain, which was invalidated by the order pursuant to s.5 1A 1971, remain invalidated or does it revive? Facts In 2000, the respondent, a citizen of Grenada, was granted indefinite leave to remain ("ILR"). In 2008, following the respondent’s involvement in criminal conduct, including custodial sentences, the appellant issued a deportation order, which revoked the respondent’s ILR status. The Asylum and Immigration Tribunal determined that, whilst the respondent was liable to deportation, actual deportation would breach his rights under Article 8 of the European Convention on Human Rights. The respondent requested confirmation of his ILR status. The appellant refused such confirmation on the basis that the respondent was not entitled to ILR. The respondent brought an application for judicial review of this decision. Parties Appellant name Secretary of State for the Home Department Respondent name Fitzroy George Appeal Justices allocated names Lord Neuberger Lord Clarke Lord Carnwath Lord Hughes Lord Toulson Hearing date 4 Mar 2014 Judgment hand down date: 14 May 2014