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What is going on with the UK’s asylum system?

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16th June 2023 By Imogen Simpson

If you have been keeping up with immigration news, you will know that asylum has been a hot topic in recent years, with various policy announcements, press releases and parliamentary acts and bills being debated. With all these changes, it can be hard to keep track of the process of claiming asylum, and refugees and their families can understandably be left wondering: ‘what is going on?’

The Nationality and Borders Act 2022

The UK government passed the Nationality and Borders Act 2022 (hereafter referred to as the NABA) on 28 April 2022, which introduced an overhaul of the asylum system. The NABA made several amendments to immigration and nationality law. The key change to the asylum system enforced by the NABA was that recognised refugees whose asylum claims were made on or after 28 June 2022 would be categorised into one of two groups: ‘Group 1’ or ‘Group 2’ (the ‘differentiation’ policy). Refugees falling into ‘Group 1’ under the NABA were those who had come directly to the UK from a country or territory in which their life or freedom was threatened and had presented themselves to the authorities without delay. If a refugee did not meet these requirements, they would be considered under ‘Group 2’. If a refugee was classed as a ‘Group 2’ refugee they would be granted temporary refugee permission to stay for 30 months without any direct route to settlement, rather than the standard grant of five years’ permission to stay for ‘Group 1’ refugees, who are eligible for settlement after five years. ‘Group 2’ refugees’ family members would also have a higher threshold for being able to join their refugee family member in the UK through the refugee family reunion process.

It is no surprise that the NABA was met with a great deal of backlash, particularly from immigration practitioners who knew all too well how much backlog there already was in the asylum system. In an attempt to ‘crack down’ on migrants entering illegally to claim asylum, the Home Office had inadvertently formulated a plan that would create more work for them in the long run.

The Illegal Immigration Bill

The government has since published the Illegal Immigration Bill (hereafter referred to as the IIB), which will seemingly undo the changes to asylum made by the NABA. In a statement made by Robert Jenrick, the Minister of State for Immigration, on 8 June 2023, it was announced that the government would ‘pause’ their differentiation policy in the next package of changes to the Immigration Rules in July 2023. It was also stated that any refugees who had been granted status under ‘Group 2’ would be contacted to have their status aligned with ‘Group 1’ refugees, meaning they would be granted five years’ permission to stay, at the end of which they may be eligible for indefinite leave to remain in the UK.

This comes off the back of the United Nations Refugee Agency’s report on asylum screening in the UK, which identified an alarming number of issues with the asylum system, including inaccurate interview record keeping and concerns with the treatment of refugees being detained. One of the key issues identified in the report was the excessive delays in the asylum system. Undoubtedly, the work the Home Office will need to do to ‘undo’ the mess created by the NABA will worsen delays.

However, there is some potentially good news for applicants from Afghanistan, Eritrea, Libya, Syria, Yemen, and Sudan, who may benefit from a ‘streamlined processing model’, in which positive decisions can be made on claims from refugees from these countries without the need for a substantive interview, where a claim was made before the introduction of the IIB on 7 March 2023. The Home Office has stated that they will not refuse an application without giving the applicant an opportunity to interview. While there are some criticisms of the policy, which requires applicants to complete a detailed questionnaire in place of the interview, it represents a positive step to process more straightforward claims without an interview, which should speed up decision-making.

Where does this leave things?

The Home Office has made it clear that they intend to clear the old backlog of asylum cases by the end of 2023, so we would hope that those who have been waiting a long time for their application to be processed will receive a decision on their case by the end of the year. Whether the Home Office will be able to meet that target, in light of the size of the backlog and the administrative time and effort which will be spent on undoing the differentiation policy is another matter entirely. Those who have already received a ‘Group 2’ decision should wait to be contacted about their status being upgraded to the standard refugee permission to stay.

However, the intention of the Home Office is to deter illegal immigration, including where an individual has entered the UK illegally but is still recognised as a refugee. For these individuals, they can expect to be returned to a ‘safe country’, which could even include Rwanda as discussed previously by our own Elena Musa.

Unfortunately, this focus on deterring even genuine asylum seekers from coming to the UK has distracted the Home Office from a serious problem which has been growing for years, which is the huge backlog of undecided asylum claims. We hope that the decision to undo the differentiation policy and focus on clearing the backlog this year will end the long delays asylum seekers are experiencing.

If you or someone you know needs advice on their asylum claim, we would be happy to help. Please contact us on 0207 401 6887 or by email at contact@gryklaw.com.

Filed Under: News and Updates Tagged With: Asylum, Immigration

Registration for British citizenship as a Chagossian descendant

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1st December 2022 By Imogen Simpson

During the 1960s and 70s, the UK government removed all inhabitants of the Chagos Islands from their land, creating what is known as the British Indian Ocean Territory (BIOT). This allowed the islands to become a US military base. The majority of Chagossians were removed to Mauritius and Seychelles.

In 2002, the UK government made the decision to grant British citizenship to all British Overseas Territories citizens, which included Chagossians. However, this applied only to those born on the Chagos Islands and their children. Citizenship was not extended to subsequent generations such as grandchildren or great-grandchildren.

The UK government has finally addressed this issue.  The Nationality and Borders Act 2022 amends the British Nationality Act 1981 to create an entitlement for the direct descendants of Chagossians to be registered as British citizens and/or British Overseas Territories citizens (BOTC).

Applicants can apply for British citizenship and BOTC at the same time as part of one application and, if eligible, can obtain both forms of citizenship.

Requirements

The requirements for the application are relatively straightforward, at least in theory. Applicants will need to evidence that they are a direct descendant of someone born in the Chagos Islands. The Home Office published caseworker guidance on these citizenship applications in which they define ‘direct descendant’ as:

‘Direct descendants are the biological children and grandchildren of an ancestor. For example, you are a direct descendant of your mother, your grandmother, your greatgrandmother, and so on. This also applies to the paternal side and includes your father, your grandfather, your great grandfather and so on. Direct descendants do not refer to aunts, uncles, nieces, nephews, brothers, sisters, cousins, and so on.’

Evidence of direct descent will typically include birth certificates and birth records, but can also include:

  • medical or dental records;
  • marriage or civil partnership certificates;
  • change of name deed polls; and
  • factual records including court proceedings.

The Home Office has confirmed that the BIOT administration is in the process of digitalising the birth records it holds for those born on the Chagos Islands. This means that where an applicant does not have access to a copy of their ancestor’s birth certificate, the BIOT should be able to help with verifying the applicant’s Chagossian ancestry.

Applicants will also need to provide a form of ID, and two referees to verify their identity. There is no good character requirement for these applications.

You are not eligible to apply if you have ever previously been a BOTC or British Dependent Territories citizen.

Applications are open as of 23 November 2022.  You can apply online here: Apply for British citizenship as a person of Chagossian descent – GOV.UK (www.gov.uk). There is no application fee.

The Home Office has set a time limit on these applications. Those who are already 18 or over will have five years from 23 November 2022 to apply. The deadline for those under the age of 18 as at 23 November 2022 is the person’s 23rd birthday.  Under the guidance those born between 23 November 2022 and 23 November 2027 may also be eligible to apply up to their 23rd birthday.

While this does not fully rectify the situation, the introduction of this entitlement to register is good news for Chagossian descendants who have previously been excluded from becoming British citizens or BOTCs.

If you require advice in relation to the above, we would be happy to help. Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

Filed Under: News and Updates Tagged With: British Nationality, news and updates, Registration

The High Potential Individual visa – will the new category live up to the excitement?

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12th May 2022 By Imogen Simpson

Following the UK government’s announcement of a new High Potential Individual visa category for graduates of top global universities in July 2021, there has been a great deal of speculation within the world of immigration law about who exactly will be eligible for the visa and what this could mean for people who were previously unable to apply under the Graduate visa category.  However, the new rules in the statement of changes released on 15 March 2022 have left some people wondering whether the category will live up to expectations.

Under the new rules those hoping to qualify under the High Potential Individual category must have graduated from one of the universities included on a list of the top 50 ranked global universities within the last five years. To the disappointment of many, the universities included are largely from countries which are arguably viewed as the most ‘developed’, with nearly half of the universities being in the USA and many countries not appearing on the list at all.

Another disadvantage is that, unlike the Highly Skilled Migrant Programme and the Tier 1 (General) category, the High Potential Individual category will not be a route to settlement.

It is not all bad news, as those who find their university on the list and successfully apply under the new category will be able to enjoy the freedom of being on an unsponsored route, meaning they will not be tied to any particular job.

As well as needing to have graduated from a top global university, applicants will need to meet an English language requirement and a financial requirement to be eligible as a High Potential Individual. Those who hold a PhD or another doctoral level qualification will be granted a period of leave of 3 years, whilst those who hold other degree qualifications will be granted a period of 2 years.

Applications under the new category can be made from 30 May 2022.

If you require immigration advice in relation to the above, we can help.  Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

Filed Under: News and Updates

The new International Sportsperson visa

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22nd October 2021 By Imogen Simpson

As of 11 October 2021, the Home Office have introduced a new visa route for professional sportspeople and coaches entitled the International Sportsperson visa. This will be replacing the previous Tier 2 Sportsperson and Tier 5 Sporting and Creative Worker categories for sportspeople, and combining them into one category to make applications more straightforward.

The key requirements an individual will need to meet to obtain a visa under this category are as follows:

  • they must be 16 years of age or older;
  • they must have an endorsement from their Governing Body confirming that they are internationally established at the highest level and will make a significant contribution to the development of their sport at the highest level in the UK (the list of approved sporting bodies can be found under Appendix Sports Governing Bodies: Immigration Rules Appendix Sports Governing Bodies – Immigration Rules – Guidance – GOV.UK (www.gov.uk));
  • they must have been assigned a valid Certificate of Sponsorship by their sponsor;
  • they must satisfy the financial requirement; and
  • they must meet the English language requirement if applying for a period of leave that is longer than 12 months.

This will be a route to settlement, and dependants will be able to apply under this visa category in line with the main applicant.

This visa allows the visa-holder to undertake work for their national team, should their national team be in the UK for a competition, as well as provide expert guest commentary for sporting events.

The introduction of this singular visa route for professional sportspeople and coaches is a welcome simplification of the application process and guidance for those in the sporting profession. Furthermore, it will allow for Creative Workers to fall under its own distinct route, in recognition of how different the two sectors are.

For more information on the requirements for this visa category please see the Home Office’s guidance: Immigration Rules Appendix International Sportsperson – Immigration Rules – Guidance – GOV.UK (www.gov.uk)

If you require immigration advice in relation to the above, we can help.  Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

Filed Under: News and Updates Tagged With: Immigration, news and updates, sponsorship, sportsperson


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