News

14.05.2020 - Coronavirus and the UK immigration system (as of 15 May 2020)

Travel to the UK

Compulsory quarantine

The government’s “COVID-19 recovery strategy”, last updated on 12 May, says that people travelling to the UK will soon be asked to go into quarantine for two weeks after they arrive. The document states:

… the Government will require all international arrivals not on a short list of exemptions to self-isolate in their accommodation for fourteen days on arrival into the UK. Where international travellers are unable to demonstrate where they would self-isolate, they will be required to do so in accommodation arranged by the Government.

There will be some ex...

13.05.2020 - THE STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 14 MAY 2020

Coming into force

The changes to Appendix EU and to Appendix EU (Family Permit) relating to access to the EU Settlement Scheme, and to the EU Settlement Scheme family permit and travel permit, for family members of the people of Northern Ireland shall take effect on 24 August 2020.

The other changes set out in this statement shall take effect on 4 June 2020.

Changes to the EU Settlement Scheme (EUSS)

The main changes in respect of the EUSS and the EUSS family permit and travel permit are as follows:

  • Eligible family members of the people of Northern Ireland will be able to apply for UK imm...

13.05.2020 - European Commission accuses UK government of violating EU citizens’ rights

The European Commission has formally accused the UK government of breaching EU law on free movement of people. Brussels today launched “infringement proceedings” against the UK, the process used to force EU member countries to comply with their legal obligations. 

The UK is no longer a member of the EU, but the Commission press release points out that “EU law on free movement of persons continues to apply to and in the United Kingdom as if it were still an EU Member State during the transition period”.

While the EU free movement law mentioned is set to be repealed after the Brexit transition p...

12.05.2020 - Self Employment Income Support Scheme is now open for applications

The Treasury said that from 8am this morning, 13.05.2020, self-employed individuals or members of partnerships whose business had been adversely affected by coronavirus would be able to apply for the grants - worth 80% of their average monthly trading profits.

The Self Employed Income Support Scheme is designed to match the support being given to furloughed employees.

Payments, it was explained, would cover three months of lost income and be paid in a single instalment, capped at £7,500, within six working days of the claim being agreed, the process will be run by HM Revenue & Customs.

Those i...

12.05.2020 - Tribunal: nullified nullification no barrier to deprivation of British citizenship

Taking away people’s citizenship became a popular pastime for Home Secretary Theresa May.

One way in which British citizens are stripped of their status is called citizenship “deprivation”, which is a process defined by statute and with the safeguard of an appeal provided by Parliament. Citizenship deprivation can be on grounds of public good, as in cases such as that of Shamima Begum, or on the basis that the person deceived the authorities in order to acquire citizenship. The person’s citizenship is recognised as having been granted but is then taken away again.

The other way is “nullificati...

11.05.2020 - Rishi Sunak has confirmed that the furlough scheme will be extended until the end of October.

Chancellor Rishi Sunak has announced a four-month extension to the furlough scheme for workers in the UK.

The scheme which pays 80 per cent of the salary of people unable to work, will be extended to the end of October, with the scheme running as it is until August with 'greater flexibility' from August to October.

Announcing the extension to October, Mr Sunak said: "By that point, we will have provided eight months of support to British people and businesses. Until the end of July, there will be no changes to the scheme whatsoever."

Furloughed employees will be able to return to work part-tim...

06.05.2020 - Coronavirus and the UK immigration system (as of 07 May 2020)

No recourse to public funds

Migrants whose visa stipulates that they can have “no recourse to public funds” are in a difficult position. Without access to benefits to make up for loss of work, many face destitution.

Government guidance issued on 23 April says that there is some support available to migrants with no recourse to public funds, including:

  • Coronavirus testing and treatment
  • Deliveries of food and medicine if “shielding” as a particularly vulnerable person
  • Statutory sick pay
  • Contributory Employment and Support Allowance
  • The Coronavirus Job Retention Scheme and C...

06.05.2020 - High Court rules against government on no recourse to public funds

The High Court has ruled that the government must make it easier for migrants to access the welfare system if they are at risk of becoming destitute. In an oral ruling delivered this morning, Lord Justice Bean and Mr Justice Chamberlain found that Home Office policy on no recourse to public funds is in breach of Article 3 of the European Convention on Human Rights.

Solicitors, representing the family who took the case, say that “a detailed judgment and order will follow, which will set out the steps the Home Office needs to take to comply with the judges’ ruling”.

The solicitor, acting for the...

05.05.2020 - Rishi Sunak preparing to wind down furlough scheme from July

The chancellor, Rishi Sunak, is preparing to wind down the coronavirus wage-subsidy scheme for workers from July as part of government plans to gradually remove lockdown measures.

In a sign of the mounting costs to the exchequer with almost a quarter of employees in Britain furloughed in the past fortnight, the chancellor is expected to announce that the Covid-19 job retention scheme will be steadily scaled back as restrictions on business activity are lifted.

The Treasury is understood to be examining several options for tapering the scheme, including cutting the 80% wage subsidy paid by the ...

04.05.2020 - You can carry on with an old-style EU law appeal even if granted settled status

The abandonment of an ongoing appeal seems to be a hot topic for the Upper Tribunal recently, with the case of Ammari (EEA appeals – abandonment) [2020] UKUT 124 (IAC).

This time the facts concern an appeal against a refusal by the Home Office to issue a permanent residence card, based on a retained right of residence, and brought under the EEA Regulations (in this case the Immigration (European Economic Area) Regulations 2016). 

After lodging the appeal the appellant, Mr Ammari applied for and was granted “settled status” under the EU Settlement Scheme, a form of indefinite leave to remain (I...

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