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”.
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