Nationality and Borders Bill shows questionable priorities

In response to the invasion of Ukraine by Russian armed forces in February 2022, which saw millions fleeing the country, the UK had introduced immigration options to Ukrainian nationals seeking safety in the UK. These options include the Ukraine Family Scheme, the Homes for Ukraine Sponsorship Scheme and the Ukraine Extension Scheme.

On 14 March 2024, the UK government released a statement of changes in the Immigration Rules as part of the Prime Minister and Home Secretary’s plan to slash migration levels. The Home Office expects that at least 300,000 people who came to the UK last year would now not be able to enter under these changes.

The history of British nationality law has been marked by instances where individuals were unfairly denied British citizenship or were excluded from it. To address this historical legislative unfairness and offer a pathway for these individuals, the Nationality and Borders Act 2022 introduced Section 4L into the British Nationality Act 1981 (‘the 1981 Act’).

Our recent blog confirmed the key dates on which important UK immigration changes will take effect.  As expected the new rules were published yesterday.

For firms regulated by the Financial Conduct Authority (FCA), it is vital that the business – and its relevant employees – ensure that its conduct is without reproach in order to avoid supervisory or regulatory difficulties. This extends to issues of governance and administrative matters, as well as more obvious issues of conduct (such as, for example, financial misconduct) which often receive more press.

Yesterday, a ministerial statement was made which confirms the dates that some of the changes will start.

UKVI has abruptly decided to, in effect, remove expiration dates on sponsor licences and therefore bring about an end to sponsor licence renewal applications. Previously sponsor licences were issued for 4 years and had to be renewed through the Sponsor Management System (and a hefty government fee incurred).

The Government has announced significant changes to curb employment-based immigration to the UK.

The Home Office is set to change the definition of an unmarried partner under Appendix FM on 31 January 2024, which could result in more flexible and generous caseworking.

We have previously written to you about the imminent increase to the Immigration Health Surcharge (IHS).  It was confirmed today that the relevant legislation has been made and will come into force on 6 February 2024.

Establishing whether you are a British national is not always straightforward.  This process can involve British nationality ‘tracing’ through a vast, complex network of legislation.  Our specialist immigration team at Kingsley Napley has considerable experience of navigating British nationality law and can assist you to find out whether you and your family members are or can apply to be British. 

Tech Nation has remained the endorsing body for the digital technology branch of the “Global Talent” visa since the programme was launched in 2014, back when it was known as the Tier 1 (Exceptional Talent) visa. As an endorsing body, Tech Nation reviews applications from talented people in tech from all over the globe. The applications are assessed against a set criterion, with successful applicants endorsed as having “Exceptional Promise” or “Exceptional Talent”. If endorsed, individuals can use this to apply for a Global Talent visa, which allows them to live and work in the UK.

Even in the context of UK immigration where the law and policy change regularly, 2023 has been a bumper year for immigration announcements and looking ahead to 2024, there are even more developments on the horizon.

‘…the evidence is clear that strong, supportive families make for more stable communities and happier individuals. I wouldn’t be where I am today without the love of my family, the kindness they gave me, the sacrifices they made for me, and the values they taught me…’

On 15 November 2023, the UK Supreme Court unanimously found the Secretary of State’s Rwanda Policy to be unlawful, upholding the Court of Appeal’s judgement. The Supreme Court decided that Rwanda was not a safe third-country for asylum seekers, and that there is a real risk that the principle of “non-refoulement” will not be respected there. Non-refoulement means that asylum seekers should not returned to a country where their life or freedom would be threatened on account of their race, religion, nationality, membership of a particular social group or political opinion.

The Illegal Migration Act 2023 (“IMA”) became law on 20 July 2023. However, the majority of its provisions are yet to be brought into force.

In July, U.K. Prime Minister Rishi Sunak made an announcement that he was going to increase immigration fees by at least 15-20%.  

In the last few months there have been a number of significant changes to the EU Settlement Scheme (EUSS) and the changes will carry on into next year as well. 

Here we take a look over a timeline of EUSS changes this year in July, August, September and October as well as the plans for next year.

Asylum seekers often find themselves in a vulnerable position, sharing sensitive and confidential information with the Home Office to support their asylum claims. Their cooperation is required to substantiate their claim and they rely on the understanding that this information will remain confidential and, most crucially, will not be shared with the authorities of their country of nationality.

In its recent statement of changes to the Immigration Rules, the Home Office announced various changes to the EU Settlement Scheme (EUSS).

One change coming into effect on 9 August 2023 should catch the eye of any EU (and EEA and Swiss) citizens who have been putting off applying for their UK residence status under the EUSS.  Others may simply be unaware they can apply.

From 9 August 2023 it is likely the Home Office will enforce a stricter approach to what is a “reasonable ground” for a late application.  Anyone considering an application to the EUSS should therefore apply as soon as possible and before 9 August.