UK Visa penalties and removals

As the Nationality and Borders Bill went into its sixteenth sitting last Thursday, 4th November, we continue to see the UK government’s express policy of constructing a hostile environment.

The reforms under the Nationality and Borders Bill announced on Friday, 15 October, saw the Home Secretary be given powers to impose visa penalties on countries that refuse to take back any of their citizens that have no legal right to be in the UK.

The Home Office is already able to use a range of sanctions and penalties to encourage compliance with the Immigration Rules. A report by the Independent Chief Inspector of Borders and Immigration saw that in 2019-2020 enforcement measures were not consistent in their design or application, and there seemed to be no strategy or rationale beyond the broad understanding that their purpose was for compliance, rather than simply publishing breaches.

This new, tougher, stance now announced will see countries that do not cooperate with deportations and removals face potential suspension for nationals looking for visa entrance, a surcharge of £190 on visa applications and an increase in processing times for those applications.

The powers will affect the whole visa service, including study, work, visitor and settlement visas.

The UK’s tougher stance is becoming increasingly prevalent as the Bill is further debated. However, the UK is not the only country to impose similar concepts. Currently, the USA also requests that foreign governments take appropriate steps towards deportations and removals, with lack of cooperation potentially leading to visa sanctions varying in severity. The EU also temporarily suspended the application of certain provisions in the visa code to nationals from The Gambia, at the beginning of October.

Under this new UK legislation there are also amendments to the Early Removal Scheme. Foreign criminals will be eligible for removal from the country up to twelve months before the end of their custodial sentence – a three-month increase from the previous nine-month removal policy in place.

Additionally, there are plans to expand the types of claims that can be dealt with by an accelerated appeal from detention, the proviso being that more cases can be resolved before an individual is released into the community.

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