Police Registration Requirement Dropped for Migrant Workers and Students
Whilst there has been no official announcement on the Immigration Rules being amended, police forces around the country have been telling migrants that they are no longer required to register or update them when their circumstances change.
What Is (or Was) the 'Police Registration' Requirement?
The Immigration Rules include provisions which allow the Home Office to make certain foreign nationals subject to a condition requiring them to register with the police following their arrival in the UK. Registration is to be completed within seven days of the individual's arrival in the UK (if the individual applied for a visa from outside the UK), or the date that they are notified that they are to comply with the requirement if they are in the UK (usually following an application for permission to stay). Individuals subject to this condition are also required to inform the police of any changes to the information provided, eg if they change address.
However, on 4 August the Home Office's guidance for caseworkers on the police registration requirement was amended to include a note that the guidance had been withdrawn because "Police registration is no longer required." At the same time various police forces issued notices either directly to foreign nationals enquiring about police registration, or on their websites, advising that the requirement had either been "repealed" or "suspended". Frustratingly, the language used does not make it clear whether this is a permanent or temporary measure. There is, however, no reference to registration being reintroduced at any point. Additionally, the Government's website still includes various references to an ongoing requirement to register, and the relevant Immigration Rules have not been amended.
What Does this Mean for Foreign Nationals and the Employers, Universities, Schools and Colleges Which Sponsor Them?
Despite the uncertainty in the rules and guidance described above, it would seem that somebody trying to comply with this requirement at the moment will not be able to do so, because no police force is enforcing it. If formalised by a change in the Immigration Rules, the withdrawal of this requirement will certainly be welcomed by the foreign nationals affected, who will no longer need to worry about remembering to update the police when their personal details change.
Additionally, the sponsors of workers and students potentially involved in ensuring that the migrants they sponsored complied with the registration requirement - and so will now no longer have to worry about how to incorporate additional processes for police registration into their enrolment and hiring processes.
On the whole, the removal of this administratively burdensome requirement will be great news for all affected, including police forces.
For further information on the withdrawal of the police registration requirement, or any other immigration issues, please contact Tom Brett Young in our Immigration team on 07393 148 352, or complete the form below.