All Articles: Enforcement

Immigration inspector: Home Office lacks a clue on illegal working

Government attempts to tackle illegal working are halting, aimless and ill-adapted to the post-Windrush dispensation, an independent inspection report has found. David Bolt’s latest report says that “the Home Office’s efforts are not rea ...

10th May 2019 By

What is the Chief Inspector of Borders and Immigration?

The government has proposed the Independent Chief Inspector of Borders and Immigration as the interim monitoring body for the EU citizen settled status scheme. This briefing examines the powers, remit and impact of the Chief Inspector. The Chief Inspe ...

8th March 2019 By

JCWI: how we beat the hostile environment in court

Today, the High Court has ruled that the ‘Right to Rent’ checks, a key policy of Theresa May’s so-called “hostile”, now rebranded as “compliant environment”, cause landlords to discriminate against prospective tenants on racial and ...

1st March 2019 By

High Court finds Right to Rent checks discriminatory in landmark judgment

Today the High Court found in the case of R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2019] EWHC 452 (Admin) that the government’s Right to Rent scheme causes racial discrimination ...

1st March 2019 By

Roughly half of all illegal working fines appealed or evaded

The government has collected less than half the fines issued to employers for hiring undocumented migrants over the past five years, according to a Free Movement estimate using data released under the Freedom of Information Act. The value of illegal w ...

21st February 2019 By

Probe of Home Office data sharing reveals plans for new migrant database

A new report from the independent immigration inspector shines new light on how enforcement officials get their hands on data about migrants from other government departments. David Bolt, the Independent Chief Inspector of Borders and Immigration, als ...

31st January 2019 By

Briefing: what happens when you are accused of entering a sham marriage?

Migrants who would not otherwise have the right to live in the UK can acquire that right by getting married to a British national, EU citizen or another migrant who is settled here. In theory, that route is open to abuse by couples who are not really ...

7th January 2019 By

The legal restrictions on immigrants getting married

A migrant’s marital status can make a huge difference to their right to be in the UK. The spouse of an EU national exercising treaty rights in the UK will automatically have a right to reside in the UK. The spouses of British or settled citizens do ...

4th January 2019 By

Court of Appeal finds that ordinary residents should be first in the queue for organ donations

Brexit notwithstanding, 2018 is likely to be remembered as the year the lid was blown on the government’s hostile environment policy. The debate about how difficult we want the lives of migrants unlawfully in the UK to be has now caught the atte ...

27th December 2018 By

Home Office further amends removals policy in response to Upper Tribunal judgment

In R (FB and NR) v Secretary of State for the Home Department [2018] UKUT 428 (IAC), the appellants challenged the legality of the Home Secretary’s removals policy (traditionally known as Chapter 60 of his Enforcement Guidance and Instructions, now ...

14th December 2018 By

Briefing: the rules on returning residents with indefinite leave to remain (ILR)

Indefinite leave to remain in the UK is a type of immigration status that means a person can live and work in the UK for as long as they like, with no further need to apply for a visa extension. Occasionally, though, people with ILR are refused entry ...

1st November 2018 By

A draft submission to the Windrush lessons learned review

I’ve been working on a submission to the Windrush lessons learned review. The final date for submission of evidence is 19 October 2018 and I’d urge anyone interested in immigration policy to consider putting in a response, no matter how sh ...

15th October 2018 By

Future immigration enforcement: will Brexit make ID cards inevitable?

The whole purpose of the hostile environment is to exert indirect immigration control over migrants through employers, landlords, banks and public services. This is seen as an alternative to direct enforcement the old fashioned way, through arrests, d ...

2nd October 2018 By

Home Office stats show immigration enforcement activity declining across the board

“The government is cracking down harder on both illegal and legal migrants.” “The government does not control immigration.” These two contrasting statements are the prevailing yet paradoxical narratives on immigration in the Un ...

1st October 2018 By

Comment: Ireland’s immigration amnesty shows British campaigners the way

On 4 September the Republic of Ireland announced plans for a new “regularisation scheme” to allow certain undocumented migrants to remain in the country legally. The amnesty will be open to anyone who came to Ireland as an international student b ...

12th September 2018 By

Home Office asks immigration lawyers for Windrush “lessons learned” as Javid apologises to victims

Immigration lawyers are among the groups being asked by the Home Office to submit evidence about what caused the Windrush scandal and what would prevent a repeat. In a “lessons learned” call for evidence issued on 20 August, the departm ...

22nd August 2018 By

What happens if you mistakenly apply for British citizenship instead of indefinite leave to remain?

What happens when an American graduate, about to become eligible for indefinite leave to remain having lived lawfully in the UK for almost a decade, incorrectly thinks that he is eligible to apply for British citizenship and applies for that instead? ...

17th August 2018 By

Data protection damages for Iranian asylum seekers confirmed

What should the repercussions be if the Home Office accidentally splashes the personal details of asylum seekers all over the internet? If your answer is “compensation”, congratulations: you are at one with the Court of Appeal. The case is ...

27th June 2018 By

An overlooked weapon in Windrush cases: judicial review

For members of the Windrush generation or others with a right to be in the UK but no documents to conclusively prove that, the government’s “hostile environment” policy has vastly upped the stakes. But at the heart of many of the problems faced ...

30th May 2018 By

New details on help for the Windrush generation

The Home Office has announced a formal application process for victims of the Windrush scandal and other long-term residents to get documents proving their right to live in the UK. The “Windrush Scheme” will go live on 30 May, replacing a ...

24th May 2018 By

Interview: Tim Barnden on sham marriages

What is a genuine relationship? This idea of a love marriage is an invention of modernity,. It’s not so long ago that most people would be getting married through other kinds of arrangements. In Victorian England, all kinds of financial consider ...

16th May 2018 By

Briefing: what is the hostile environment, where does it come from, who does it affect?

Theresa May declared in an interview with the Telegraph in May 2012 that she wanted to create a “really hostile environment” for irregular migrants in the UK. In this blog post we look at the evolution of the hostile environment, consider what m ...

1st May 2018 By

Legal aid would have prevented the Windrush scandal

As explained in our detailed piece on the plight of long-resident Commonwealth citizens, free legal advice used to be available for those making immigration applications. Before it was scrapped in April 2013, this legal help was available to the ̶ ...

17th April 2018 By

Windrush children: why Commonwealth citizens are being denied immigration status

Several cases have come to light in recent weeks and months of the treatment of Commonwealth citizens who arrived in the UK in the 1950s and 1960s. Unable to provide evidence of their right to reside in the UK, these legal immigrants are losing jobs, ...

13th April 2018 By

Immigration inspector: Right to Rent scheme not being properly monitored or evaluated

Government measures aimed at stopping irregular migrants from renting a home are not being properly evaluated, the Independent Chief Inspector of Borders and Immigration has found. The controversial Right to Rent scheme is “yet to demonstrate it ...

28th March 2018 By

Immigration officers do not need to comply with PACE during enforcement raids, says Upper Tribunal

In the recently reported case of Elsakhawy (immigration officers: PACE) [2018] UKUT 86 (IAC), the Upper Tribunal dismissed an appeal concerning the applicability of the Police and Criminal Evidence Act 1984 (PACE) to immigration officers exercising po ...

27th March 2018 By

Marriages of convenience and immigration controls: a dangerous path

Part 4 of the Immigration Act 2014 introduced a referral and investigation scheme for proposed marriages and civil partnerships involving a non-EEA national who could gain an immigration advantage from their nuptials. Under this scheme, register offic ...

28th February 2018 By

MPs’ report scathing on Home Office capacity to cope with Brexit

The Home Affairs Committee of MPs today published its report on whether or not the Home Office has the capacity to deliver effective immigration services once the UK leaves the European Union next March. No, is the short answer. Not a lot of love from ...

14th February 2018 By
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