Table Of Contents
- Immigration Rules versus Home Office Guidance
- This Case
- What is voluntary work as per the immigration rules
- The Court’s Decision
- Key outcome
- Conclusion
The recent judgment delivered by the High Court on 17 January 2025 in R (Andrews) v Secretary of State for the Home Department [2025] EWHC 64 (Admin) made it clear that all immigrants looking to enter or stay in the UK must adhere strictly to immigration rules.
Immigration Rules versus Home Office Guidance
The UK immigration system, or rules, is a minefield of legal framework. Changes to these rules keep happening from time to time, and they are laid before the parliament before they become effective.
On the other hand, Home Office guidance does not have the same legal authority as statutory provisions or the Immigration Rules. It provides visa applicants with more information and clarification about how to apply for visas and what to expect during the process. So, the question is which one an immigration applicant relies on.
This Case
This case concerns Ms. Ancy Lazer Salu Andrews, an Indian citizen who came to the UK on 8 June 2023 on a Skilled Worker visa. She came as a care worker to start her work on 1 July 2023.
On 28 June 2023, she was observed working at a convenience store in Andover by the Immigration Enforcement Officers, where she was serving customers behind the counter. When asked about it, she said that she was doing unpaid voluntary work permitted under Home Office guidance for Skilled Worker leave to remain.
As a result, on 3 November 2023, the Secretary of State cancelled her visa, citing her activities of working in a convenience store were not allowed as per the immigration rules.
What is voluntary work as per the immigration rules
The court in the case of Ms. Andrews observed that as a voluntary worker, you can only be employed by a charity, voluntary organization, an associated fund-raising body, or a statutory body that is not entitled to any monetary payments of any description and no benefits in kind.
Working in a convenience store, even as an unpaid job worker, Ms. Andrew breached the conditions attached to her leave to remain in the UK.
The Court’s Decision
Ms. Andrews contested for a judicial review, but it was dismissed by the High Court, holding that her actions breached the conditions of her leave to remain. The court said canceling her visa was lawful. The court made the following key observation.
The court also stated:
“The hierarchy is statute, the rules and regulations, and then the guidance.”
This means that immigration rules will prevail, and the Home Office guidance cannot override or modify it.
The court also noted, “Wherever there is a conflict between the interpretation of the rules and regulation and guidance, the former takes precedence.”
Key outcome
- Take an expert’s advice – You may not be an expert in UK immigration matters, but an immigration lawyer is. You should consult a lawyer to understand the rules of the visa. What you can do and what you cannot do on a visa you are applying for.
- Follow the conditions of your leave—Ms. Andrew did not understand the definition of a voluntary worker, and thus she failed to follow the conditions attached to her leave to remain. You must know the immigration rule’s definition of voluntary work and abide by it strictly.
- Be transparent– If you have made a mistake, inform the authorities about it. Accept your mistake and seek professional advice when you have any kind of doubt about the interpretation of any part of your visa.
Conclusion
UK immigration law is complex, but you cannot take it as an excuse when adhering to your visa conditions. The Home Office guidance is to make your life easy as it lays down the clarification about the visa process and how to apply for it.
However, wherever there is confusion on anything related to your visa after going through the Home Office guidance, always see what is written in the Immigration Rules, and if you cannot understand it on your own, you should seek expert help.
Read other blogs:
Understanding UK Visa Categories: Which One Is Right for You
Automatic conversion from pre-settled status to settled-status to take place soon