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The UK Government’s introduced an emergency “visa brake” automatically refusing visa applications from students and skilled workers from certain countries on March 26.
The Home Office said the measures are intended to reduce abuse of the immigration system and address increasing numbers of asylum claims made by individuals who originally entered the UK on visas.
Who Is Affected?
Under the new rules, student visa applications made from outside the UK by nationals of Afghanistan, Cameroon, Myanmar and Sudan will automatically be refused. Skilled Worker visa applications made from outside the UK by Afghan nationals will also be refused.
The policy applies even where an applicant already holds a valid Confirmation of Acceptance for Studies or Certificate of Sponsorship.
The brake applies to applications made outside the UK based on the nationality of the main applicant.
It does not currently apply to applications made inside the UK. People already residing here can still apply to extend or switch their immigration status, where permitted under the Immigration Rules.
What it Means for Sponsors
Businesses sponsoring overseas workers may face additional uncertainty and recruitment difficulties, despite continuing labour shortages across sectors including care, hospitality and construction.
Universities and education providers have also expressed concern that the restrictions may discourage international students from applying to study in the UK.
The Home Office has stated that the visa brake will be reviewed regularly and may be extended, amended or lifted depending on future migration trends.
It is not entirely clear whether the new Prime Minster Andy Burnham will persevere with the policy, although he has kept the same Home Secretary Shabana Mahmood, who introduced it.
Potential Legal Challenges
Duncan Lewis Solicitors has filed an application for judicial review on behalf of three Sudanese women challenging the Home Secretary's decision to impose a so-called ‘visa brake’ on student visa applications from nationals of Sudan, Afghanistan, Cameroon and Myanmar.
Our clients have each secured places at some of the UK's most prestigious institutions, including the University of Oxford and University College London, to undertake postgraduate studies in international public health policy, digital health and women’s health. They contend that the policy unlawfully prevents them from accessing educational opportunities despite meeting the relevant academic and immigration requirements.
Conclusion
The introduction of the visa brake represents a significant shift in the government’s approach to immigration control and overseas applications.
For businesses employing overseas workers, educational institutions sponsoring international students, and individuals concerned about how these changes may affect them or their families, seeking immigration advice at an early stage may be advisable.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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