Category: Latest News

New Procedure to request personal information held by UK Visas and Immigration

UKVI recently initiated a new procedure to request personal information that is held on the Home Office’s immigration records (this is also known as a ‘subject access request’).

There are 3 types of request you can make:

Basic

Your request will be free of charge and you will receive a response within 20 days of your identity being verified by the Home Office.

You can request a copy of:

  • an electronic summary of your immigration history
  • landing cards we hold electronically
  • an electronic summary of entry clearance records
  • Workers Registration Scheme (WRS) information
  • entry and exit records for the past 5 years

Most people find that this option gives them all the information they need.

Specific

This is a new pilot option, which allows you to request information usually only available through a detailed request. This request is also free of charge and you will receive a response within 20 days of your identity being verified by the Home Office.

You can request copies of up to 5 single documents, including:

  • a list of your visa applications made in the UK
  • a particular decision letter
  • the outcome of an appeal (appeal determination)
  • an individual detention progress report
  • a deportation order
  • a particular interview record

If you need more information than the single documents in this list, you will need to make a detailed request.

Detailed

This allows you to request a copy of your full Home Office file. Your request will cost £10 and you will receive a response within 40 days of your identity being verified by the Home Office.

Initially, you will be sent an electronic summary of your immigration history (as with a basic application) as this gives most people what they need. However, this option allows you to request further information from your Home Office file if you still need it.

You can apply via  the online application and this will reduce the time it takes to respond to your request. If you choose the detailed option, you will also be able to provide payment online using a credit or debit card or PayPal.

You can use the online application form to request access to personal information held by UKVI.

You can still make an application in writing, ensuring that you supply all the supporting documents listed in the ‘evidence to send’ section below and post to:

Subject Access Request Unit
UK Visas and Immigration
Lunar House
40 Wellesley Road
Croydon CR9 2BY

Full details of the process and evidence required can be read here.

Caroline Nokes appointed as the new Immigration Minister

The Queen approved the appointment of Caroline Nokes MP as Minister of State for Immigration at the Home Office yesterday.

The new Immigration Minister will be tasked with the responsibility of forthcoming Immigration Bill and separate White Paper, the work on settled status for EU citizens and the implementation of new hostile environment measures.

Responding to her appointment, Immigration Minister Caroline Nokes said:

‘I am honoured to join the Home Office and excited about gripping the challenges ahead in this crucial period as we prepare to leave the European Union.  As Immigration Minister, I am fully committed to ensuring the UK’s borders remain secure and developing an immigration system that works in the national interest, while continuing to attract those who benefit the country. I will also build on the positive work this government has already delivered, resettling thousands of the most vulnerable refugees fleeing the Syrian conflict.’

We wish her all the best in her new role.

EU citizens retain free movement rights after naturalisation in host state

The Court of Justice of the European Union has found in the case of C-165/16 Lounes that EU citizens who move to the UK and later naturalise as British retain their free movement rights under EU law even though they have become British. The court has held that the UK has wrongly been refusing to recognise free movement rights for such EU citizens since 2012.

The case has particular significance to those EU citizens who have naturalised as British following the Brexit referendum because it means that the UK has wrongly been denying them their EU law rights in the meantime. The victory is a Pyrrhic one for them, perhaps, because after Brexit these rights will be lost, unless the UK agrees that free movement law continues in some form, for example with a transitional deal.

The judgment does not just apply to EU citizens coming to the UK, though. It has considerable significance across the EU for the integration of long term residents from other EU countries.

Wrong Brexit immigration policy could leave north-east industries without a workforce

The Under-Secretary of State for Scotland said he had grave concerns for the north-east’s fish processing, soft fruit and seasonal farming sectors, which rely heavily on EU nationals.

Lord Duncan said there needed to be more focus on how to allow EU nationals to continue to work in the north-east of Scotland after Brexit. He said: “The area I have most concern about is the EU nationals question, particularly on the fish processing side, where upwards of 90% of workers are EU nationals. These are challenging but very well-paying jobs but they are not attractive jobs and so they are filled with migrants in places like Peterhead.

“How do we create a system that allows EU migrants to continue to fill these processing jobs as well as those in farming and seasonal work?”

Lord Duncan said he did not think rural affairs minister Michael Gove’s preferred points-based system was workable. He said: “It needs to be a non points-based system.”

Full story can be read here

Theresa May under pressure to drop migration target after warning over Brexit recruitment crisis.

Theresa May has come under new pressure to drop her target to reduce migration after a report warned that Brexit is already causing recruitment problems for UK companies.

The Recruitment and Employment Confederation (REC), the professional body for the recruitment industry, said the Government’s failure to outline a post-Brexit immigration policy was adding to uncertainty for both business and EU workers in the UK. REC’s survey of 607 employers found evidence that a growing number are taking on temporary workers to plug gaps caused by skill shortages. Some 87 per cent intend to maintain or increase their use of temporary staff in the next three months.

Kevin Green, REC’s chief executive, said: “Brexit is making the situation more challenging. In London for example, a third of people working in construction are from the EU and it’s difficult to see how firms will manage if their workforce aren’t encouraged to stay in the UK and continue to contribute to our economy.”

Mr Green added: “Decisions about the future immigration system are too important to be subject to political whim – we need policy to be built on sound evidence and data. Businesses need access to people to deliver growth, and that the current UK workforce alone cannot meet demand.” The REC’s “jobs outlook” report said the engineering, construction and education sectors could face unfilled vacancies in September or October.

Full story can be read here

Brexit talks must not lose sight of immigration issue.

We hear masses about a Brexit “Bill” and about the future role of European Court of Justice. But what has happened to the issue of free movement? Wasn’t this supposed to be one of the Government’s fabled “red lines”?

While Theresa May  in her manifesto renewed David Cameron’s vow to bring net migration down to 100,000 a year we have scarcely heard a thing on the subject since the election. There has to be a suspicion that the Goverment is preparing for a climbdown, that it is opening the way for a deal in which Britain would remain partially in the single market with EU citizens free to travel to Britain, to look for work here and to claim benefits here much as before. In fact the Government began to change tone subtly on free movement as early as the first week in April even before Theresa May made her decision to call a general election.

Speaking on a trip to Jordan, about as far from the political fray of Westminster as she has been in recent months, the Prime Minister started to talk of an “implementation period” in which free movement could continue to operate for an unspecified time. There has been a similar shifting of position in the Government’s promise to guarantee the rights of EU citizens already resident in Britain. There is widespread agreement that people settled in Britain should have the right to stay in return for UK citizens resident abroad having the right to remain there.

But there is the issue of a cut-off date: since when should an EU citizen have had to be living in Britain to qualify for the automatic right to stay? At first it was suggested that it should be the date of the referendum: June 23 last year. But the date keeps slipping forward. It now could be any date between when Article 50 was triggered – in March this year – to the date on which Britain officially leaves the EU, expected to be March 2019.

Full story can be read here

There’s going to be ‘chaos’ in the food industry after Brexit, report warns…

A report from food policy specialists has said that ministers need to establish a clear plan for how a new food system will operate. As it stands, the UK gets 31% of its food from the UK and the report’s authors have warned that provisions need to be put in place before Brexit occurs in 2019. The absence of a trade deal could push the price of imported food up by 22%.

Even a ‘soft’ Brexit – which would see the Uk remain in the single market or customs union, could badly impact the food and farming industries.Ahead of the departure deadline, there are thousands of pieces of legislation concerning food which require consideration, covering areas such as agriculture and fisheries.

Author Tim Lang, a professor from City University in London, accused the government of a ‘serious policy failing on an unprecedented scale’ for its handling of the situation. Mr Lang said: ‘The Government has provided next to no details on agriculture and fisheries, and there has been total silence on the rest of the food chain where most employment, value adding and consumer choice are made. ‘With the Brexit deadline in 20 months, this is a serious policy failure on an unprecedented scale. Anyone would think they want a drop into the World Trade Organisation abyss.’He added: ‘At least the UK entered World War Two with emergency plans. No-one has warned the public that a Food Brexit carries real risks of disruption to sources, prices and quality.’

These include a “clear integrated plan for UK food”, new legislation to ‘replace 4,000 pieces of EU law relating to food’ and subsidies to cover the EU’s Common Agricultural Policy, which the UK is expected to leave. The report, which is based on more than 200 sources, continues: ‘Prices, which are already rising and likely to rise more, will become more volatile, especially harming poor consumers.’

Full story can be read here

 

Brexit could cost UK Treasury tens of billions in lost tax revenue.

The Treasury’s official watchdog has highlighted the significant risk posed by Brexit to the UK’s public finances in a new report.

The Office for Budget Responsibility, in its Fiscal Risk Report published on Thursday, said that a possible Brexit “divorce bill”, which some have suggested could be up to €100bn (£88bn), would only be a “one-off hit” to the Exchequer and that the far bigger risk related to the damage that leaving the EU could do to the UK’s long-term growth rate.

It said that if Brexit ended up reducing the UK’s annual trend productivity growth rate – the amount the UK produces per hour of labour – by just 0.1 per cent over 50 years, the economy would be 4.8 per cent smaller than otherwise. That would be equivalent to a cost in lost GDP of almost £100bn in today’s money – which would translate into a £36bn hit to tax revenues.

The OBR said there was “no meaningful basis” on which to predict the outcome of the Government’s Brexit talks in terms of the UK’s future trade arrangement, and so it has not assumed any long-term hit to the UK’s productivity growth rate in its current official forecast. However, many private sector forecasters have downgraded their potential productivity growth forecasts for the UK due to the decision to leave the EU, some by as much as 0.3 per cent.

Berenberg Bank has downgraded its base-case estimate for long-term annual UK potential productivity growth from 2.1 per cent to 1.8 per cent due to Brexit. Combining that with the OBR’s estimates implies a £100bn hit to tax revenues over the next half-century.

Full story can be read here

Great Repeal Bill Human Rights Clause Sets Up Brexit Clash With Labour

 

The government has set itself on a collision course with opposition parties by insisting that it will not bring the EU charter of fundamental rights into domestic law on Brexit day.

The shadow Brexit secretary, Keir Starmer, has made the incorporation of the charter – which interprets EU human rights – one of the six tests he will apply when Labour decides whether to vote for the bill when it returns to parliament in the autumn. The Liberal Democrats have also made it a key demand.

The government believes the charter, which interprets existing EU rights rather than creating new ones, will no longer be necessary after “exit day”, when Britain leaves the EU. But refusing to incorporate it will set up one of a series of parliamentary struggles as Theresa May tries to get the legislation through parliament.

The Lib Dem leader, Tim Farron, who has said the passage of the bill in the autumn will be “hell” for the government, said: “The charter of fundamental rights is a cornerstone of what makes Britain what we are. I cannot understand what issue the government have with it. Is it the right to life, the ban on torture, protection against slavery, the right to a fair trial, respect for privacy, freedom of thought and religion, free speech and peaceful protest? These are not frustrations, these are integral to what it is to be British.”

The first and most historically significant line of the bill says simply: “The European Communities Act 1972 is repealed on exit day.” But the legislation also brings EU law into domestic UK law, to create continuity after exit day. And it contains controversial new powers for ministers to tweak laws and create new institutions, where these are deemed necessary to make EU law work when it is transferred to UK law.

Full story can be read here

Immigration amnesty for Grenfell fire residents

The Home Office said it would not conduct immigration checks on survivors and those coming forward with information. Labour called for a wider “amnesty”.The Home Office said its priority was to see residents “deal with the extremely difficult circumstances” so they could start to rebuild their lives.

In a written statement to Parliament, Home Office minister Brandon Lewis said: “Everyone affected by this tragedy needs reassurance that the government is there for them at this terrible time and we will continue to provide the support they need to help them through the difficult days, weeks and months to come.”

He said extending the period of leave to remain for foreign residents affected by the fire would also allow them to assist the police and other authorities with their inquiries.