Immigration Detention & Bail Archives - Page 9 of 17 - ICS Legal Blog

Contact Us: + 44 0207 237 3388

Latest UK & International Legal News

Immigration Bill 2015/16 Factsheet – Labour Market Enforcement

Immigration Minister James Brokenshire said: “Exploiting or coercing people into work is not acceptable. It is not right that unscrupulous employers can force people to work or live in very poor conditions, withhold wages or mislead them into coming to the UK for work. “Some employers seem to think that by employing workers who are less likely to complain, including vulnerable migrants, they can undercut the local labour market and mistreat them with impunity. The UK has a strong legal framework in place to ensure that minimum standards are met for workers. There are three main public bodies responsible for enforcing these requirements: a team in HMRC which enforces the National Minimum Wage; the Gangmasters Licensing Authority; and the Employment Agency Standards Inspectorate (“the enforcement bodies”). Background However, because of an increase in organised criminal activity engaging in labour market exploitation, we believe that there is exploitation in the labour market that none of the enforcement bodies is designed to deal with. This kind of worker exploitation often appears to involve migrant workers. Part of the Government’s response to this problem is to establish greater co‑ordination and leadership of the enforcement bodies to drive effective activity. Therefore, this Bill will...

Best interest of children and immigration law

The power to certify that removal pending appeal against a refused human rights claim would not cause serious irreversible harm or breach human rights will in some cases impact on children. There is a clearly established framework of legislation, judicial decisions, guidance and procedure around how immigration decisions which affect children are made, which will apply to any decision to certify a refused human rights claim. The “children duty” Section 55 of the Borders, Citizenship and Immigration Act 2009 establishes a statutory duty on the Secretary of State to have regard to the need to safeguard and promote the welfare of any child in the UK who will or may be affected by any immigration decision. This duty will apply to a decision to certify a human rights claim. In any case, where the decision maker is aware that there is a child who is affected by her decision, the decision maker will have regard to the best interests of that child as a primary consideration in deciding the human rights claim and also in deciding whether to certify the claim so that the appeal is heard after the person has left the UK. Individual circumstances of each case While...

Appeals from overseas

Since the Immigration Act 1971 there have been immigration appeals from people overseas. As well as appeals for ‘clearly unfounded’ claims, entry clearance appeals are always heard while the appellant is out-of-country. Out of country appeals in entry clearance cases or clearly unfounded claims can raise human rights issues so looking at how those appeals work now is instructive when considering whether out-of-country appeals are fair and effective. Exercising an appeal right from outside the UK does not mean appeals are less likely to succeed. Internal Home Office statistics for the last 5 years (to July 2015) show that 38% of entry clearance appeals succeed. The Court of Appeal examined overseas appeals in the context of the ‘deport first, appeal later’ power in the Immigration Act 2014, the power we are extending in this bill. In the case of R (Kiarie and Byndloss) v SSHD [2015] EWCA Civ 1020 the Court of Appeal held that fact that an appeal must be brought from overseas does not of itself breach Convention rights because it provides a remedy ‘that meets the essential requirements of effectiveness and fairness’. The Court of Appeal said that “an out of country appeal will be less advantageous...

Immigration Act 2016

Immigration Act 2016 will bring about new changes to the appeal process as well as human rights applications. Appeals within the UK: certification of human rights claims This change delivers the manifesto commitment to expand the use of the ‘deport first appeal later’ power. It has long been established that in some cases a person can be removed or deported before their appeal is brought or heard. The last Labour government introduced powers in 2002 to certify that a person making a ‘clearly unfounded’ asylum or human rights claim could be removed prior to bringing their appeal. Then the 2014 Immigration Act created the power to allow arguable claims from foreign national offenders to be certified so that the appeal must be brought from outside the UK where removal pending the appeal would not cause serious irreversible harm or otherwise be in breach of the person’s Convention rights (or the rights of any other person affected by the decision). This power is commonly called ‘deport first, appeal later’ Clause 34 will extend that power so it applies to all cases where a person has made a human rights claim, been refused and has an appeal against that refusal, provided that...

Immigration Bill receives Royal Assent

The Immigration Bill has received Royal Assent, introducing a series of reforms to further crack down on illegal migration. It will ensure that the immigration system supports the best interests of the UK and those who play by the rules. The Immigration Act 2016 will further strengthen the immigration system and make it harder than ever for people who have no right to be in the UK to live here. The new measures will crack down on the exploitation of low-skilled workers by making it an offence to employ illegal migrants, ensure that only people living lawfully in the UK can have access to services such as UK bank accounts and rental accommodation and increase powers to make it easier to remove people who have no right to be in the UK. Immigration Minister James Brokenshire said: The message is clear - if you are here illegally, you shouldn’t be entitled to receive the everyday benefits and services available to hard-working UK families and people who have come to this country legitimately to contribute. Whether it is working, renting a flat, having a bank account or driving a car, the new immigration act will help us to take tougher action...

Immigration Law Policies Enforcement

The future for UK immigration policy – regulation, enforcement and the Immigration Bill 3 March 2016 The focus: The future of Government’s immigration strategy. Context: Comes at a time of wide-ranging reform and policy development, including: The current Immigration Bill – which seeks to strengthen immigration law enforcement, introduce new sanctions on illegal immigration, and tackle exploitation of low-skilled workers; The Constitution Committee’s newly published report, which raises questions about the impact of the Bill on vulnerable asylum-seekers; The Home Affairs Committee Immigration: skills shortages report, with concerns about the working of the Tier 2 cap and its impact on net migration and economic aims; The Migration Advisory Committee’s forthcoming report into Government strategy to reduce non-EEA work migration; Measures set out in the Spending Review, including provisions to make passport applications digital, streamline the visa process and better identify those in the UK illegally; and The Office of National Statistics’ Quarterly Report, indicating a continued rise in net migration to the UK. Includes keynote contributions from Glyn Williams, Director, Immigration and Border Policy, Home Office and Dana Spinant, Head of Unit, Irregular Migration and Return Policy, DG HOME, EU Commission. Key discussion points: Illegal immigration and enforcement – challenges...

UK Regulated Visas Fraud, tricks, and scams

UK Regulated Visas Fraud, tricks, and scams It's the time of the season where a lot of people fall victims to fraud and scams. This page helps you to understand especially when it comes to UK Visas, what to look for, and the use of the Home Office names. The UK Home Office knows that criminals around the world are trying to use the Home Office name to steal money from people. They use a number of tricks, often known as ‘scams’. This page tells you about the tricks we know about and gives you advice on protecting yourself. If you receive an unexpected email, telephone call or letter from someone who claims to be from the Home Office, it may be a scam. Home Office will never contact you to ask for money or your personal details. 1.How the fraudsters may contact you Home Office know that criminals are: telephoning people in the UK and other countries; using websites to offer fake services; using email addresses that look official but are not. 2.Tricks they use The criminals try to make you believe that they can offer you something very easily, such as a visa for the UK, or that there...

Statement of changes announced on the 29th October 2015

Statement of changes announced on the 29th October 2015, has now been in force since 19th November 2015. These changes are on top of the full implementation of the Immigration Act 2014. As most people are aware now, one of the main changes was the removal of the right of appeal and appeal rights are limited. Applications that are refused by the Home Office can only be challenged through an administrative review. In our experience, administrative review do not, in our view, a right way to challenge the decision, as sometimes the decision can be biased. It is not independent, so how can the system be fair? Therefore, there has been, unsurprisingly, an increase to decisions being challenged through the "judicial review" process. Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached. It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will...

Tier 4 Student Visa Requirements | ICS Legal

UK Tier 4 Student Visa  Requirements | ICS Legal UK Student Visa (Tier 4) Requirements International students from outside the UK or EU must apply for a student visa. You can only apply for a student visa if you intend to study a full-time degree course in the UK. Student visas are not issued for part-time courses. Your eligibility is calculated using a points-based rules system called a Tier 4 Student Visa. Your course You can do a course that’s one of the following: full-time leading to a qualification that’s at least level 6 on the Ofqual register; an overseas course of degree level study that’s equal to a UK higher education course and is being run by an overseas higher education institution; full-time, with at least 15 hours per week of organised daytime study, leading to a qualification which is at least level 3 on the Ofqual register; a recognised foundation programme as a postgraduate doctor or dentist. Postgraduate doctors and dentists You can apply for this visa if you’re sponsored to do a recognised foundation programme and you’ve: finished a recognised UK degree in medicine or dentistry; received that degree from a registered Tier 4 sponsor; spent your final...

Tier 4 visas: Immigration Rules changes

The government announced changes to the Immigration Rules on 13 July. Many of these affect Tier 4 of the points-based system. The main changes will: stop new students at publicly funded colleges from working, bringing them in line with those at private colleges (from August) allow university students to study a new course at the same level but only where there’s a link to their previous course or the university confirms that this supports their career aspirations. There will be credibility interviews and sanctions against universities who abuse this rule (from August) ban college students from extending their Tier 4 visas in the UK unless they are studying at an ‘embedded college’, one which has a formal, direct link to a university that is recognised by the Home Office. This will require them to leave and apply for a new visa from outside the UK if they wish to study another course (from November) ban college students from being able to switch visas to Tiers 2 or 5 in the UK, and require them to apply from outside the UK (from November) reduce the time limit for study at further education level from 3 years to 2 years. This brings the maximum period...