Country Update 2023: UNITED KINGDOM

Contributed by: Kingsley Napley LLP

April 2023

1. 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

2. 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.
  

3. Family based immigration

No significant changes.

4. Asylum

Major changes planned – see above – Illegal Migration Bill.

5. Deportation

No significant changes

6. 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