Call now: 0208 866 6464
Existing clients tel: 0208 866 6464

The Sethi Partnership Solicitors

The Barn House, 38 Meadow Way,
Eastcote, Ruislip, Middlesex
England, HA4 8TB

Call now: 0208 866 6464
Existing clients tel: 0208 866 6464

The Sethi Partnership Solicitors

The Barn House, 38 Meadow Way,
Eastcote, Ruislip, Middlesex
England, HA4 8TB

New Plan for Immigration 

New Plan for Immigration 

In March 2021, the Home Office published a New Plan for Immigration targeted for asylum  seekers entering the UK illegally. The plan identified ‘rewards’ and ‘punishments’ for asylum seekers entering the UK.

Asylum seekers entering the UK by 'safe and legal means' will benefit from

  • Indefinite leave to remain on arrival for resettled refugees, rather than five years’ temporary permission leading to ILR as now.
  • A possible tweak to the family reunion rules such that “unmarried dependent children under the age of 21”, rather than under 18 as now, can come to the UK if both their parents are here as refugees already.
  • A bit of extra funding for integration programmes, already announced, “tailored and flexible employment support arrangements” and improved English language teaching.
  • Some chat about reopening resettlement schemes, but with no timetable nor numerical target akin to the “20,000 Syrians in five years” in place between 2015 and 2020.

Punishments for illegal entrants 

Asylum seekers entering the UK illegally to claim asylum or travelling through a “safe third country” such as France will receive fewer rights.

Current rules allow the Home Office to consider claims from asylum seekers who have travelled through safe countries the proposed new rules envisage that “anyone who arrives the UK illegally – where they could reasonably have claimed asylum in another safe country – will be considered inadmissible to the asylum system, consistent with the Refugee Convention”.

There will be a “rebuttable presumption” that people can be returned to EU and other developed countries, and sections 77 and 78 of the Nationality, Immigration and Asylum Act 2002 amended so that people can be removed despite having a pending asylum claim or appeal. 

Asylum seekers entering the UK illegally will be eligible to fewer rights, such as:

1) Temporary Admission 

Illegal entrants to the UK will be punished with a new “temporary protection status” instead of refugee status. This is for people with inadmissible claims, and who cannot be returned, and:

  • did not come to the UK directly,
  • did not claim without delay, or
  • did not show good cause for their illegal presence.

Temporary protection will be a grant of permission to remain in the UK for no longer than 30 months, with no recourse to public funds and “restricted” family reunion rights. They would also be “regularly reassessed for removal from the UK” (a policy that already exists).

2) Increase in the sentence for illegal entry  

The current sentence for illegal entry is six months, however there may be an increase to the maximum sentence for entering the UK illegally  in the future The separate “facilitation” offence of assisting unlawful immigration will now attract a maximum of life in prison, up from 14 years (in reality the average sentence handed down is three and a bit years).

A range of other measures will affect all asylum seekers, not just those said to have “jumped the queue”. 

These ‘punishments’ are apotential breach of Article 31 of the Refugee Convention, which statesthat “The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of Article.  

Furthermore the Home Secretary’s approach was not compliant with the landmark case of R v Uxbridge Magistrates Court (ex parteAdimi)[1999] Imm AR 560 where Lord Justice Simon Brown held that refugees did not have to claim asylum in countries through which they pass to reach safety in order to be protected by Article 31. 

Are you affected with the ‘New Immigration Plan'?

We provide essential support to immigrants nationwide and can verify ID checks from the comfort of your own home.

Our immigration team are multilingual in English, German, Hindi, Urdu and Punjabi and Hindko. Our firm is long established and pride ourselves of putting clients first. Our firm is long established and pride ourselves with excellent client care. We are there to help and guide you with an initial fixed fee consultation to help you plan your future.

Please note that you need to formally instruct us or arrange an appointment before we can consider your matter or give you any advice. We do not accept instructions on a "no win, no fee" or legal aid basis.

Contact our UK Immigration specialists serving London and Ruislip.

The locally-based lawyers at The Sethi Partnership Solicitors have been providing specialist legal advice for a diverse range of clients since 1994. Whatever your circumstances, speak to one of our trusted solicitors today to discuss your case.

Our affordable and professional legal advisors can guide you through all your immigration matters.To arrange an initial appointment, call us today on 020 3856 8156 or complete ouronline enquiry form and we'll be in touch.

“This document is for informational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given.”

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