Contributed by: Kingsley Napley LLP
June 2022 to April 2023
1. Country Overview
Politics. Conservative government in decline: three prime ministers within the last year, behind Labour in opinion polls since end of 2021, next general election must be held by 28 January 2025.
Brexit. Substantial majority of the population now thinks that leaving the EU was the wrong decision. Slight majority would vote to rejoin the EU. Conservatives and Labour say there is no prospect of rejoining. Labour plan is to “Make Brexit Work”.
More migrants crossing the English Channel in small boats. 45,000 people arrived in the year ending March 2023. Nearly half were Albanian (28%) or Afghan (20%).
Continuing increase in authorised immigration compared with pre-Covid levels. Net migration in 2022 was over 600,000 (highest on record). Increase is mainly due to arrivals from Ukraine and Hong Kong, big increase in international students and shortages in care sector. https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/internationalmigration/bulletins/longterminternationalmigrationprovisional/yearendingdecember2022
Continuing digitalisation of the immigration system. Electronic visas (eVisas) are replacing biometric residence permits and other immigration documents, which are due to be abolished by the end of 2024. Electronic travel authorisation (ETA) system to be introduced – see below.
2. Legislative Changes
Illegal Migration Bill currently going through parliament. The intention is to prevent people who enter the UK irregularly (for instance on a small boat) from claiming asylum. Their asylum claim will be deemed inadmissible and they will be removed to their home country or a “safe third country” (meaning Rwanda). Opponents say that this is incompatible with European Convention on Human Rights and UN Refugee Convention. https://www.gov.uk/government/collections/illegal-migration-bill
Students. From January 2024 international students will not be able to bring family members to the UK unless they are coming for a postgraduate research programme, and they will not be able to switch onto a work visa until they have finished their course. https://www.gov.uk/government/news/changes-to-student-visa-route-will-reduce-net-migration
3. Business Immigration
Business visitors:
Electronic Travel Authorisation (ETA) to be launched for some Middle Eastern nationals in November 2023 / February 2024. Due to be rolled out to EU citizens and others during 2024. https://www.gov.uk/guidance/electronic-travel-authorisation-eta
Temporary immigration categories: No significant changes
Employment-based immigration: No significant changes
Highly Skilled immigration: No significant changes
Investment-based immigration. The UK no longer has an investor visa – this was abolished in February 2022.
4. Family based immigration
No significant changes.
5. Asylum
Major changes planned – see above – Illegal Migration Bill.
6. Deportation
No significant changes
7. Citizenship
Children of EEA nationals. Children born in the UK between 1 January 1983 and 1 October 2000 to EEA-national parents exercising a right of residence under EU law have always been treated as British citizens. A recent court case has cast doubt on their status. The Government intends to fix the problem through the British Nationality (Regularisation of Past Practice) Bill. https://www.gov.uk/government/publications/british-nationality-regularisation-of-past-practice-bill-factsheet
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