2019 was more of a year of promises in immigration than action. As Brexit wound the legislative agenda of the government to a halt, there was much talk about what a future immigration system would look like. Still there were some points and cases of note:

No fee increases – well, not on the surface

For two years running, there was barely any change to visa application fees. Everything stayed around the same level. That is except in January when the Immigration Health Surcharge, the fees migrants pay to cover NHS access in the UK, doubled less than four years after being implemented in the first place. The Conservatives also pledged to increase this to £625 p.a. in the event they won the election.

VFS, TLS and UKVCAS, the third party providers who have Home Office contracts to assist in the processing of applications, have also increased their charges. You want an appointment on a weekend or at a sensible time? That’ll be £100! Need an application scanned? That’ll be £75. Call us to sort a problem? £2.50 a minute.

More and more it’s the hidden charges that make applications unaffordable.

British nationality was brought into question

The Shamima Begum case brought the issue of deprivation of citizenship into the spotlight. When is it lawful for the Government to decide to revoke someone’s British nationality? Whilst terrorism is one of the permitted circumstances this case raised numerous issues such as the level of culpability Shamima should take as a radicalised minor at the time of her departure, the safety of her British child who sadly passed away overseas and the implications of making someone stateless.

Whilst these are matters that frankly require their own dissertation, it showed how much more frequently removing citizenship is the go-to step for the Home Office with 104 incidents of this in 2017 alone. In 2016, only 14 people were subjected to this. What was once the remit of only the most exceptional cases is now being used as a tool to make difficult people ‘not our problem’.

Innovation nation

In March the Home Office launched new ‘innovator’ and ‘start-up’ visas designed to replace the now-defunct ‘Entrepreneur’ route, which had descended into a chaotic state. To say these applications were a farce is putting it lightly. The new system of asking endorsing bodies in businesses to confirm applicants had valid business plans was a total failure. The requirements were variable and unclear, putting off those in particular who had prior business experience and didn’t see the benefit for them of working with an accelerator or giving up equity for expertise.

Around 16 innovator visas have been approved at the time of writing. For a country that, in a post-Brexit world, will need to attract the brightest and best this was an abject failure.

Brexit

Again, a subject that could merit numerous pages of ranting purely on the proposed legal changes to the rights of EU nationals, regardless of your own political stance.

The Home Office promised a clear, simple process for EU nationals to give them ongoing leave to remain in the UK. What they managed to do was produce a series of public service adverts that managed to both patronise and scare people, whilst creating a new app-based system that was only available on Android phones until last month. Older people have found the scheme difficult to use as it mandates online access. Many who should be entitled to settled status were issued pre-settled status instead, meaning they’ll have to make future applications, and the system for complex matters such as British nationals who have exercised EU rights overseas is baffling. With our exit from the EU all but guaranteed for January 2020, it is stunning this has had quite so many operational issues.

Anything else?

All this is before ‘Right to Rent’ checks were found unlawful, the Windrush compensation scheme didn’t get it right, appeal rights were returned for some EU extended family members and the return of the Post-Study Work system was announced.

What’s next?

In January the Migration Advisory Committee are reporting back on their proposed new system of Sponsorship for skilled and unskilled workers.

From February, one assumes the new system of issuing 36 months leave to remain for EU nationals who arrive following Brexit will be implemented. This was legislated for in October but was never used. We still have no idea how these migrants will eventually settle in the UK.