Summary of the Border Security, Asylum and Immigration Bill – May 2025

The UK government’s Border Security, Asylum and Immigration Bill has passed the committee stage, introducing sweeping changes across immigration law. Major amendments include:

• - Expanded protections for EU Settlement Scheme status holders, ensuring enforceable rights regardless of Brexit-era residency status.
• - New surveillance and restriction powers over those with limited leave, including curfews and electronic monitoring.
• - Stricter regulation of immigration advisors, with increased powers for penalties, suspensions, and registration fees.
• - Fast-track appeal deadlines in tribunals, imposing a 24-week limit — a move critics argue could undermine fairness without improved Home Office decision-making.
• - Tougher criteria for refugee status, broadening what counts as a “particularly serious crime”.
• - Widened illegal working checks to cover freelancers, gig workers, and online service providers — changing the landscape for employers and platforms alike.

UK Border Security, Asylum & Immigration Bill: May 2025 Update

Status:

Committee Stage Complete

Report Stage Scheduled: Monday, 12 May 2025

Contents:

Quick Summary

Key Area	Update Highlight
EU Settlement Scheme	All status holders now protected under Withdrawal Agreement — no need to prove past residency.
Immigration Conditions	New powers include curfews, movement restrictions, and electronic monitoring.
Illegal Working Expansion	Gig workers and sub-contractors now covered under right-to-work checks.
Faster Tribunal Targets	Appeals to be resolved within 24 weeks — possible pressure on judges & claimants.
Stricter Refugee Criteria	“Serious crime” redefined to include many sexual offences.
Regulation of Advisors	New powers for penalties, suspensions, and up to £15,000 fines.
Fee Increases	Widespread fees now chargeable for training, registration, and accreditation.

1. EU Settlement Scheme - Expanded Protection

Clause 42

Even if someone wasn't living in the UK at Brexit but holds settled/pre-settled status, their rights under the Withdrawal Agreement are now fully enforceable

True Cohort vs Extra Cohort

Group	Pre-Brexit Activity	Protection Before	Protection Now
True Cohort	Working/studying/self-sufficient	Yes	Yes
Extra Cohort	Job loss, not exercising rights	Unclear	Yes

2. Immigration Conditions – New Powers

Clause 43

Expands the types of conditions that can be imposed on those with limited leave (e.g., rejected asylum seekers who can’t be deported).

New Conditions Summary

Condition Type	Examples
Electronic Monitoring	GPS tags (excludes children)
Curfew / Location Control	Must stay in or avoid certain areas
General Clause	“Any condition” Home Secretary deems fit

Risk: Powers can apply to anyone with limited leave — no explicit restriction to high-risk individuals.

3. Illegal Working – Penalty Regime Expansion

Government Amendment NC5

Amendment NC5 - Applies to

Category	Examples
Contract Workers	Freelancers, gig economy
Sub-contractors	Builders, delivery partners
Online Platforms	Uber, Deliveroo, Fiverr, etc.
Service Providers	Cleaners, tutors, consultants

Employers must conduct right-to-work checks for all above categories or face increased penalties.

4. Fast-Tracked Tribunal Timelines

Amendments NC6 & NC7

New Target: 24 Weeks

Amendments NC6 & NC7

Type of Appeal	Deadline Imposed
Asylum Support Appeals	24 weeks
Non-detained Deportation	24 weeks

Concern: Speed may compromise fairness due to poor Home Office decisions & reduced legal aid support.

5. Refugee Protections – Narrowed

Amendment NC8

Definition of “Particularly Serious Crime” Expanded Now includes:

• Any crime with a 12-month sentence
• Sexual offences from Schedule 3 of the Sexual Offences Act (regardless of sentence length)

Implication: Easier to strip refugee protections from more people.

6. Immigration Advisor Oversight

Amendments Gov 24–29

Key Regulatory Powers Introduced

Change Area	Details
Instant Cancellation	If risk of serious harm or certain convictions
No Appeal Delay	Decision effective immediately even if appealed
Penalties	Up to £15,000 for rule breaches
Fee Increases	Charged for registration, training, accreditation, advice, etc.
Complaints	Broadened scope and sanctions

This Bill, while aimed at strengthening border control, raises serious human rights and access to justice concerns. As it moves through the final stages, it will be crucial to watch how enforcement plays out — especially for vulnerable individuals and overstretched advisors.

Conclusion

These changes signal a fundamental shift in how the UK balances border control, asylum protection, and immigration rights. While aimed at tightening enforcement, the amendments also raise serious concerns about human rights, legal access, and the future of immigration support services.

With increasing complexity and stakes, now more than ever, individuals and organisations must stay informed, compliant, and ready to adapt.

Next Steps

For Individuals:

• - Check your immigration status. If you’re under the EU Settlement Scheme, know your rights.
• - Understand your appeal timelines. Legal advice could make or break your case.

For Employers:

• - Update your right-to-work procedures. Gig workers and subcontractors are now included.

For Advisors and Charities:

• - Review new requirements and prepare for registration fee changes.

Download our Free Compliance Checklist

Get a shareable PDF summarising your rights and responsibilities under the new Bill.

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Active Immigration Solutions Limited can guide you through EUSS status, or preparing for Home Office checks.

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