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Home Office Revises Guidance On Study Restrictions For Immigration Bail

Posted by: Gherson Immigration

Home Office Revises Guidance On Study Restrictions For Immigration Bail

The Home Office has released revised guidance in respect of immigration bail. Changes introduced at the beginning of the year resulted in many migrant children and asylum seekers being banned from studying. The revised guidance amends the conditions related to study in the UK. 

Legal changes in January of this year meant that individuals claiming asylum were considered to be on “immigration bail” – restrictions that the Home Office applies to asylum seekers until an immigration status is decided. This is a change from the previous ‘temporary admission’ status granted to individuals awaiting an immigration decision. Significant numbers of young refugees were given study conditions, restricting them from continuing their education. Additionally, study conditions were considered retrospectively, therefore affecting anyone who was already in the UK. As a result of this, some asylum seekers who have been in the UK since they were children were being notified that they were no longer allowed to study.

Concerns were raised over instances of young asylum seekers being barred from studying in the UK. The January version of the immigration bail guidance stated: “if the person being granted immigration bail does not have any leave to enter or remain in the UK, it will be appropriate to impose a bail condition restricting work and studies in the majority of cases”. According to the revised guidance, conditions permitting or prohibiting study no longer have to be issued and consideration must be given to whether the individual is preparing for significant exams and therefore the impact of any study restriction. The guidance concludes, “if there is any doubt over whether study should be restricted, no study condition should be applied”. 

Gherson are experts in assisting with various immigration matters. If you need assistance or wish to receive some more information regarding your immigration matters, please contact us.

 

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2018

 

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