Black or Minority Ethnic - Have You Had Difficulty Renting a Home in England?

JCWI has been involved in a legal action against the UK Government’s discriminatory Right to Rent policy, which makes it harder for black and minority ethnic people and migrants to rent a home in the UK. You can read more about our legal challenge in our guide to the Right to Rent scheme.

Leigh Day solicitors (the same legal team who represented them in their legal case) are continuing to fight the policy by preparing a new appeal to the European Court of Human Rights (ECHR).

To do this, they want to speak to people who have been affected by the Right to Rent policy.

People affected are likely to be:

Black, Asian or Minority Ethnic British citizen (with or without a passport); OR
Someone who has Indefinite Leave to Remain (ILR); OR
Someone with another form of immigration status e.g. Limited Leave to Remain (LLR), Pre-Settled Status or work / student visa;
Someone who has tried to rent in the private sector in England since 1 February 2016, but was unsuccessful after making enquiries to a landlord/agent about a property.
If you had difficulty or faced discrimination trying to rent a home, and are interested in finding out more, please contact solicitor John Crowley at Leigh Day solicitors at jcrowley@leighday.co.uk

Source:JCWI, https://rb.gy/zpddm1

Tell Us: Do You Have No Recourse To Uk Public Funds?

Almost 1.4 million people are estimated to live in the UK with a condition attached to their immigration status barring them from accessing benefits.

Even before the cost of living crisis, four in five people with this visa condition were behind on at least one essential bill, according to Citizens Advice.

We would like to hear from people with NRPF about how they are being impacted by the cost of living crisis. If you have children, how are they being affected? What changes have you had to make? We are also interested in hearing from groups who support people with the visa condition.

Share your experiences with Guardian Community Team

Source: More information, https://rb.gy/i8czme

Why Are So Many Albanian Asylum Claims Succeeding if the Country is so “Safe And Prosperous”?

In its ongoing drive to reduce Channel crossings, the government has set its sights on arrivals from a “safe and prosperous” Albania. A marked increase in Albanian arrivals via the Channel have been reported over the past year, prompting the former Home Secretary to seek further agreement with the Albanian authorities for the rapid return of its nationals. The Home Office assumption is that many individuals are economic migrants making supposedly spurious asylum claims upon arrival in the United Kingdom.

However, the Home Office’s own statistics tell a different story: 53% of claimants are currently granted asylum outright following interview, with more cases succeeding on appeal. The newly published updated country policy and information notes also paint a much more mixed picture. What does this tell us? Having worked on a large number of Albanian asylum claims over the past few years, these are the trends I have observed.

Read more: Freemovement, https://rb.gy/0m86fj

Brook House IRC - Slow Case Progress - Long Periods of Detention

HM Inspectorate of Prisons (HMI Prisons) last week released a new inspection report of Brook House Immigration Removal Centre (IRC) near Gatwick airport. Overall, HMI Prisons' inspection finds Brook House provided decent standards of care, but a number of serious concerns are identified. Of particular concern was the slow progress of detainees' cases and the length of time that some people had been held in immigration detention.

HMI Prisons found five detainees at Brook House who had been locked in immigration detention for more than two-and-a-half years in total, including time at other IRCs or prisons. The longest period of detention at Brook House itself was over 16 months, which HMI Prisons called "unacceptably long". Delays obtaining travel documents and a lack of bail accommodation contributed to lengthy detention.
In all of the individual cases examined by HMI Prisons, detainees had not replied to their notice of intent within the required seven-day window or before the decision to issue removal directions. More generally, the inspection found Brook House was prison-like, noisy and crowded, and it had limited outdoor space. It did not provide an open or relaxed environment suitable for immigration detainees.

Read more: EIN, https://rb.gy/heal0y

Government Plans to “Increase Immigration to Boost Growth” - Allegedly!

The Sunday Times reports that the Truss government intends to follow through on Truss’s pledge during the leadership race to raise the cap on seasonal agricultural workers. “Reform” of the visa system is also planned to “attract the best talent from across the world”. So far, so 2002. Adjustments to the English language requirement are specifically mentioned, as are a review of the shortage occupation list that has already been commissioned and the creation of a visa for students from top global universities that has already been launched.

A follow-up in the Times this morning adds valuable detail. A cones migrant workers hotline is under contemplation and employers are blamed for “not taking advantage of the points-based immigration system”, which requires them to pay for and obtain a complex sponsorship licence and pay an annual charge per foreign worker.

It doesn’t sound like a very well thought-through “plan” as such.

Meanwhile, Home Secretary Suella Braverman and others are reported by The Telegraph to be opposed and to have started banging on about net migration again. Because that worked so well for David Cameron. Perhaps that means that any increases to work visas will be offset by reductions to Hong Kong, Ukraine or refugee resettlement visas, or family migration, or students.

Read more: Freemovement, https://rb.gy/uvpuv3

How To Apply For A Temporary Work – Creative Worker Visa

A Creative Worker is someone who can make a unique contribution to the country’s rich cultural life, for example, as an artist, dancer, musician or entertainer, or as a model contributing to the fashion industry. The Creative Worker route allows them to come to the United Kingdom to work in these sectors on a temporary basis.

Technical and support staff can also travel and work under this visa, if their employment is directly related to the work being undertaken and they have a prior working relationship with the Creative Worker. For example, production crews with proven technical or specialist skills, or a personal assistant supporting a director of international status in film or television.

An applicant must have a valid Certificate of Sponsorship issued by a Home Office approved A-rated sponsor using a valid Temporary Work – Creative Worker sponsor licence. There is no English language requirement, but a resident labour market test may be required (more on this below).

This is not a route to settlement. A person can be granted permission for up to 12 months initially and can apply to extend their stay up to a maximum of two years if they are still working for the same sponsor. Partners and children can apply as dependants.

Read more: Freemovement, https://rb.gy/uw9qlu

Guidance Update: Good Character In Nationality Applications

The Home Office nationality guidance on the good character requirement has now been updated in line with the provisions on lawful residence that came into force on 28 June 2022. The provisions were introduced into the British Nationality Act 1981 by section 9 and Schedule 1 of the Nationality and Borders Act 2022 (and by section 12 with additional regard to refugees).

Breaches of the lawful residence requirement include illegal entry to the United Kingdom, overstaying, and absconding.

Previously, immigration breaches made in the 5-year period before the submission of a citizenship application may have been grounds for refusal on the basis that the individual did not meet the lawful residence requirement. If the breach was made in the 10-year period before the application was submitted, it could become grounds for refusal on the basis that they did not meet the good character requirement.

The rules have now been amended. Where an individual holds indefinite leave to remain, they can be treated as meeting the lawful residence requirement during the 5-year qualifying period, without further enquiry.

Read more: Freemovement, https://rb.gy/yvp0gw