Immigration analysis: The Home Office operated a policy whereby officers were to search all migrants arriving by small boat to the UK, to seize and retain their phones without allowing access to the contents, and to download all data under a secret, blanket policy until November 2020. This was conceded by the defendant to be unlawful. The demand for a PIN on threat of a spurious criminal penalty was also conceded to be unlawful. The claimants successfully argued that the defendant’s actions were not only unlawful by reason of the policy but also because the Home Office were acting unlawfully by going beyond the legislative power by exceeding the limits set out in section 48 of the Immigration Act 2016 (IA 2016) (upon which it relied for the seizure and retention of phones) ,which authorises the search of premises and the subsequent seizure of items found on the premises, as distinct from a person. Moreover, not only was the seizure and retention of the devices unlawful under Article 8 of the European Convention on Human Rights (ECHR) and the Data Protection Act 2018 but the subsequent extraction, retention and dissemination of the data from the mobile phones was unlawful under the Data Protection Act 2018 (DPA 2018). This case potentially affects thousands of migrants who arrived in the UK by small boat and whose phones were seized, whose data was downloaded, retained and who were prevented from copying numbers to contact loved ones after crossing the Channel safely. The approach taken to the Data Protection claims also have relevance more broadly. Written by Bernadette Smith, barrister at 1MCB Chambers and Julianne Kerr Morrison, barrister at Monkton Chambers.

The Home Office has announced that Angola, Namibia and the Democratic Republic of Congo (DRC) have agreed to co-operate on the return of individuals without permission to stay and foreign criminals, following the imposition of visa restrictions on the DRC, and the threat of such restrictions on Angola and Namibia. The agreements were reached within three months of the Home Secretary implementing measures on the DRC  that included the removal of preferential visa treatment for officials and the revocation of fast-track visa processing services for all nationals.

The Home Office has entered into a new joint statement with Vietnam at the third annual UK-Vietnam Migration Dialogue in Hanoi. The agreement, signed on 4 March 2025, establishes enhanced cooperation mechanisms in three key areas: preventing irregular migration through targeted communications and anti-trafficking measures; strengthening law enforcement collaboration on immigration crimes, including intelligence sharing and criminal gang disruption; and streamlining the returns process for Vietnamese nationals without legal right to remain in the UK. The agreement includes specific commitments to expedite travel documentation and establish regular working groups on returns. Both nations have committed to review progress at the next dialogue, scheduled for 2026 in the UK.

The Home Office has announced significant changes to the Migration Advisory Committee (MAC) as part of its strategy to reduce net migration. From January 2025, Professor Brian Bell will assume the role of full-time Chair, while Dr Madeleine Sumption will become Deputy Chair. The MAC will collaborate with Skills England, the Department for Work and Pensions, and the Industrial Strategy Council to develop evidence-based approaches to reduce international recruitment and prioritise the domestic workforce. Additionally, the MAC will conduct regular reviews of skills shortages in key sectors, particularly IT and engineering, and provide yearly assessments to the government. These changes align with the government's commitment to introduce an Immigration white paper in 2025, outlining further plans to reduce legal migration and address the fourfold increase in net migration over the past five years.

The Home Office has suspended Buckinghamshire New University’s Student sponsor licence with immediate effect following concerns about the university’s compliance with its sponsor duties. The university has been removed from the register of student sponsors and has 20 working days to respond to the decision. If the university does not demonstrate that its licence should be reinstated, the licence will be revoked. Students currently sponsored by the university may continue their studies while the suspension remains in place, provided their permission to stay remains valid. The suspension does not affect domestic students or students with other types of immigration permission that do not rely on sponsorship. The university’s Worker and Temporary Worker sponsor licences are also unaffected and it remains on the register of worker and temporary worker licensed sponsors.

The Home Office has announced immediate changes to the Immigration Rules through HC 1298, implementing a suspension of new applications under Appendix Family Reunion from 1500 BST on 4 September 2025. The changes simultaneously amend Appendix FM to provide an alternative route for partners and dependent children of those with protection status, requiring applicants to meet standard requirements including English language and financial criteria. The Home Office cites pressure on public services as the primary reason for the suspension, which will remain in place while a comprehensive review of family rules is conducted. Existing applications under Appendix Family Reunion will continue to be processed under previous rules. Appendix Child Relative (Sponsors with Protection) remains open to new applications.

The Home Office has tabled amendments to the Border Security, Asylum and Immigration Bill to enhance the Immigration Advice Authority (IAA)’s regulatory and enforcement powers. These amendments aim to improve the IAA’s ability to tackle illegal activities and address the provision of poor-quality immigration advice by regulated entities, as well as provide redress for victims. These powers will be subject to appeal at the First Tier Tribunal.

31 people have been arrested and ten allegedly fraudulent identity documents seized in a targeted raid of people perceived to be misusing the Common Travel Area between the UK and Ireland for people smuggling. A multi-agency operation took place over three days at locations in Belfast, Scotland, Liverpool and Luton

The Home Office (HO) plans to complete the roll-out of eVisas for the majority of immigration products by the end of 2024. The HO has said it will offer grant funding up to the value of £3,000,000 to provide direct support to customers as they transition from physical immigration documents to eVisas. In order for customers to access and use their eVisa, they will need to create a UKVI account.

The Home Office has announced that the Electronic Travel Authorisation (ETA) scheme will be enforced from 25 February 2026. Visitors from 85 nationalities who do not need a visa will be required to obtain digital permission in advance before travelling to the UK. Enforcement will apply to visitors from countries including the US, Canada and France, with carriers responsible for verifying permissions prior to travel. Since the ETA scheme’s launch in October 2023, more than 13.3 million visitors have applied, with applications costing £16 through the official UK ETA app. British and Irish citizens, including dual citizens, remain exempt. The Home Office strongly advises dual British citizens to ensure that they have a valid British passport or certificate of entitlement to ensure ease of travel to the UK from 25 February 2026.

The Home Office has announced that from 8 July 2026, children aged 8 and 9 years will be eligible to use UK eGates when travelling, provided they are at least 120 cm tall and accompanied by an adult. The expansion will apply across more than 290 eGates, located at UK and juxtaposed ports, with an estimated 1.5 million additional children expected to be eligible based on 2025 UK arrival figures. The Minister for Migration and Citizenship, Mike Tapp, stated that the measure is intended to improve the travel experience for families while maintaining border security measures.

The Home Office has announced changes to the EU Settlement Scheme which it states will ensure that all those granted pre-settled status under the scheme can continue to prove their rights easily, and bring greater clarity for those who are required to check immigration status. These include changing to a five-year automatic extension to pre-settled status instead of two years, removal of pre-settled status expiry dates from the digital profiles shown to third parties in the online checking services for Right to Work, Right to Rent and View and Prove, and removal of the requirement for employers and landlords to carry out follow-up checks once pre-settled status has been initially determined.