Immigration law and policy in 2022

Friday 27 January 2023

Laura Devine Immigration hosted the first webinar for 2023 on Thursday 19 January entitled “UK Immigration Webinar: Round up of latest changes and future developments”, where our experts discussed some key changes to the immigration landscape in 2022 and analysed the anticipated changes for 2023.

2022 was an unparalleled year for the immigration, nationality, and asylum sector. Many of these changes can be attributed to planned governmental policy programmes, including the New Plan for Immigration the Nationality and Borders Act 2022. However, other changes were unexpected due to the Russian invasion of Ukraine, such as introduction of the Ukraine humanitarian schemes and arguably punitive closure of the Tier 1 Investor route, as well as the rapid policy shifts between Prime Ministers and Home Secretaries.

In this article, we review key immigration law and policy developments from 2022 – a year marked by political turbulence and unprecedented change.

Introduction of new routes and bespoke humanitarian schemes

Over the course of 2022, the Home Office introduced a broad range of new immigration categories, including the following:

Some routes, such as those under the Global Business Mobility category, have been criticised for being unsuitable and ineffective for the needs of UK businesses amidst vast national labour shortages. Others, such as the Ukraine humanitarian routes and HPI visa, have been praised for quick implementation and processing by the Home Office.

Closure of Investor visa route – 17 February 2022

Following rumours of route closure in the days prior to the Russian invasion of Ukraine, the Home Office announced the closing of the Tier 1 (Investor) route with immediate effect. The route, which had been under review, was available to nationals from outside the UK (including the EEA/Switzerland) who made a significant investment of at least £2 million in the UK.

In a press release, the Home Office said that the route has given rise to ‘security concerns, including people acquiring their wealth illegitimately and being associated with wider corruption’.

Senior Partner and Head of UK Practice at Laura Devine Immigration, Sophie Barrett-Brown, discussed why the move was unnecessary, what options are available to current Tier 1 (Investors) and whether reforms to the Innovator route will close the gap on the Free Movement podcast.

Russian invasion of Ukraine, ‘bespoke humanitarian routes’, and processing delays

Rather than permitting an influx of Ukrainian asylum seekers into the already struggling system, the UK Government opted for the creation of three ‘bespoke humanitarian schemes’ for Ukrainians and their family members to come to the United Kingdom. This development further demonstrates a policy trend used by the Home Office in recent years, such as the introduction of schemes for Afghan and British National (Overseas) nationals following political crises in Afghanistan and Hong Kong, respectively.

As of 10 January 2023, the Home Office published the following data on the Ukraine humanitarian schemes:

Ukraine Family Scheme

  • Applications received: 81,500
  • Applications approved: 63,600
  • Arrivals to the UK: 44,500

Ukraine Sponsorship Scheme (Homes for Ukraine)

  • Applications received: 177,90
  • Applications approved: 149,000
  • Arrivals to the UK: 111,000

Ukraine Extension Scheme:

  • Applications received: 27,900
  • Applications approved: 23,000

As a result of the rapid redeployment of Home Office caseworkers to Ukraine scheme application processing teams, immigration application processing times were significantly impacted. This led UKVI to adjust service level agreements and suspending priority and super priority services in March 2022. Family visa applications for entry clearance under Appendix FM saw 24-week processing times, student visa applications were delayed with students missing the beginning of term times, and workers’ relocation plans impeded or even cancelled.

In August 2022, priority visa services were reinstated for sponsored work and student entry clearance application. Priority services for most categories have now been reinstated, with entry clearance Appendix FM applications being the latest category to be reintroduced as of 9 January 2023.

The Ukraine humanitarian schemes have engendered debate both in the immigration, nationality and asylum law sector and the general public. Whilst provisions of the schemes have been tailored to the needs of Ukrainian nationals and proved effective in avoiding exacerbation of the asylum backlog, EU countries such as Poland, Germany, and the Republic of Ireland managed asylum grants effectively and efficiently. Significantly, the schemes provide temporary leave to remain and do not presently offer a route to settlement – notable as the first anniversary of the war draws near with an end to conflict nowhere in sight.

Changes to right-to-work checks – 6 April 2022

Throughout the height of the COVID-19 pandemic, the Home Office permitted concessions to mandatory right-to-work (RTW) checks on new employees. New measures were announced on 6 April 2022 with pandemic era concessions to end on 30 September 2022. As of 1 October 2022, new requirements apply for both individuals holding a biometric residence permit (BRP), biometric residence card (BRC), or frontier worker permit (FWP) and British and Irish citizens.

Individuals with a BRP, BRC, or FWP

Employers must carry out online RTW checks for individuals holding a biometric residence permit (‘BRP’), biometric residence card (‘BRC’) or frontier work permit (‘FWP’) using the Home Office’s online RTW check service. From 1 October 2022, employers may no longer conduct RTW checks using a physical BRC, BRP or FWP.

To complete RTW checks for such individuals, employers will require the individual’s date of birth and a valid RTW share code, which the individual must generate using the online ‘Prove your right to work’ portal. The share code is valid for 30 days.

British and Irish citizens

A new online system for carrying out RTW checks was introduced for British and Irish citizens with a valid passport (including an Irish passport card). This will not involve the use of a share code (as above). Instead, individuals will be able to upload images of their passports via a certified Identity Service Provider (‘IDSP’) to verify their identity remotely and prove their eligibility to work.

It will be a legal requirement for employers and IDSPs to apply identity evidence verification criteria set by the Home Office whilst using these services. Employers must:

  • ensure the IDSP is certified to the required standards;
  • provide appropriate training and guidance to their staff; and
  • discharge their duties in accordance with Home Office’s RTW complete identity evidence verification criteria and in accordance with existing wider RTW legislation and guidance.

Employers would not be mandated to use the IDSP system and can continue to carry out manual RTW checks on British and Irish citizens.

These new changes do not apply to existing employees for whom a RTW check under the previous system was conducted.

UK-Rwanda Migration and Economic Development Partnership – 14 April 2022

The UK and Rwanda signed a Memorandum of Understanding for the provision of an “asylum partnership arrangement”. In short, the agreement allows the UK government to send asylum seekers to Rwanda to have their applications processed. The agreement is part of the government’s New Plan for Immigration and was signed two weeks before the Nationality and Borders Bill was given Royal Assent.

Previous Home Secretary, Priti Patel, described the agreement as the “biggest overhaul of our immigration system in decades.” Indeed, the policy marks the first arrangement between the UK and another country for the removal of asylum seekers.

The so-called “one way ticket” allows the UK government to offshore asylum applicants to Rwanda, where their applications are processed in line with Rwandan national law and the Refugee Convention. The UK’s legal responsibility for such individuals ends once they are relocated to Rwanda; individuals who are relocated are not allowed to return to the UK.

On 14 June 2022, the first scheduled flight for the removal of asylum seekers to Rwanda was cancelled after an appeal to the European Court of Human Rights (‘ECHR’) triggered a series of further appeals in the ECHR and courts of London.

Following arguments throughout autumn, the High Court of Justice ruled in favour of the Government’s asylum seeker relocation plan to Rwanda on 19 December 2022 in the case of AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin). This ruling may not mark the end of legal proceedings on the Rwanda plan. The claimants are likely to appeal to the Court of Appeal and the case may eventually go all the way up to the UK Supreme Court.

Passage of Nationality and Borders Act 2022 – 28 April 2022

On 28 April 2022, the controversial Nationality and Borders Bill (‘the Bill’) received Royal Assent and became an Act of Parliament. The Nationality and Borders Act 2022 (‘the Act’) is part of the government’s New Plan for Immigration, a strategy which aims, among other things, to deter illegal entry into the UK and remove people without permission to stay. The Act is a cornerstone of this plan and seeks to “overhaul” the UK’s asylum system.

The Act introduces a raft of changes, including:

  • Penalties: Harsher penalties for people smugglers (with a maximum sentence of life imprisonment) as well as individuals who illegally enter the UK or overstay (up to four years’ imprisonment). Additional penalties have also been introduced for late submission of evidence, which undermine the claimant’s credibility, or the weight attached to their evidence.
  • Two-tier system:Individuals who arrive in the UK by irregular means may receive less favourable treatment and support. This measure will particularly affect individuals arriving to the UK on small boats via the Channel.
  • Appeal: Removing stages of appeal or fast-tracking in certain circumstances, which the Home Office labels the “merry-go-round of legal challenges”.
  • Tribunal powers:The Immigration Tribunal has been granted additional powers, including the power to fine lawyers for improper, unreasonable or negligent conduct.
  • ETA scheme:Introducing a US-style Electronic Travel Authorisation (‘ETA’) scheme which requires all individuals (except British and Irish citizens) to seek permission to travel to the UK in advance. The scheme will be operational by the end of 2024.
  • Standard of proof:Increasing the standard of proof from “reasonable likelihood” to “the balance of probabilities” (used in civil claims) when assessing whether someone has faced persecution

The Act has been the subject of fierce debate, both in the Houses of Parliament as well as in the media. The Law Society published a critical response to the Act, saying it had “significant concerns” over the potential impact of the Act’s measures. In particular, it highlighted concerns that penalising refugees who arrive in the UK via irregular would be incompatible with the 1951 Refugee Convention.

Suspension of the Police Registration Scheme – 4 August 2022

On 4 August 2022, the Home Office circulated a public notice confirming there is no need for individuals to comply with the requirement to register with immediate effect.

There is no need to retain a police registration certificate or present it as evidence in any future immigration application. Any existing immigration permission that includes reference to the condition will not need updating, and the requirement will not appear on any new grant of immigration permission. Any appointments already secured have been cancelled, but fees already paid will not be refunded. The Immigration Rules were subsequently amended to reflect this change.

The police registration scheme had become unworkable, with clients facing an appointment backlog of more than 12 months. Suspension of the scheme is a welcome relief to clients, anxious to comply with the conditions of their leave but unable to update the police due to the paucity of appointments.

New measures for UK asylum system – December 2022

In the year’s final weeks, Sunak unveiled a series of new measures for the UK asylum system before the House of Commons. These changes come whilst the Home Office faces unprecedented processing backlogs, with 117,000 cases relating to 143,377 people awaiting an initial decision. The Home Office attributes the backlog to various factors, ranging from transitory personnel resources to increasingly complex cases and constraints under EU human rights law, and solutions to this national crisis are hotly debated. Proposed changes include measures such as re-engineering of the end-to-end asylum process and operationalisation of a cooperation agreement with the Albanian Government.

Looking ahead in 2023

The Government is determined to push ahead with its agenda for immigration, nationality and asylum in 2023, as the next General Election is now less than two years away. Projections for immigration – and policy developments for the year may include:

  • focus on digitalisation, including the roll-out of the Electronic Travel Authorisation (ETA) scheme and fully digitalised immigration statuses;
  • processing time improvements to Family visas (Appendix FM), asylum claims, and sponsor licence applications;
  • changes to business immigration due to labour market trends, such as the introduction of clawback clauses of immigration fees, companies shifting employees on Graduate visas to Skilled Worker visas, and global competition for talent amongst multinational companies;
  • continuation of recruitment struggles for SMEs, with only 2% of small businesses having sponsored a non-UK national in the past 12-months (according to the Federation of Small Businesses).

As ever, Laura Devine Immigration shall keep our clients and colleagues abreast of the latest developments and lobby for positive changes to the UK immigration system.

Get in touch  
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.

Hannah Berkeley


Solicitor - PSL

Phoebe Warren


Paralegal - PSL


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