While not making any recommendations on substantive immigration policy, the Law Commission report on the Simplification of the Immigration Rules, published this week, suggests improvements to the way the rules are written and presented could save the government as much as £70m over the next decade. It recommends ‘a complete redrafting’ to make the rules easier for applicants to understand, as well as introducing a twice-yearly limit to updates, in April and October.
It also recommends the Home Office reduce the level of detail and prescription required, as this has led to increasing numbers of amendments and changes, making the rules more complicated.
The Commissioners say these changes would save the Home Office money by reducing mistakes and, consequently, administrative reviews, appeals and judicial reviews.
Nicholas Paines QC, Public Law Commissioner, said: ‘For both applicants and case workers, the drafting of the Immigration Rules and frequent updates makes them too difficult to follow.
‘This has resulted in mistakes that waste time and cost taxpayer money. By improving the drafting, restructuring the layout and removing inconsistencies, our recommendations will make a real difference by saving money and increasing public confidence in the rules.’
In the past decade, the rules have nearly quadrupled in length, stretching to more than 1,100 pages in 2019. The Law Commission described the structure as ‘confusing’ and the numbering system as ‘inconsistent’. Moreover, it found duplication between different types of application and unnecessary repetition within categories.
On evidence, the Law Commission recommended a more flexible approach could involve providing a non-exhaustive list of examples and asking for any other document that meets requirements.
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