Free Movement

September brought us a new Home Secretary who immediately made some inaccurate comments about “last minute” legal challenges to removal and the modern slavery identification system, so Sonia looked at those in this month’s podcast. Sonia also covered the final act of the previous Home Secretary, which was the closure of the refugee family reunion route. Refugees do still haveother options, but with a lot more hurdles and delays in place. Barry discussed the case of the Palestinian refugee wherethe Home Office withdrew the refusal of his asylum claim the day before the appeal hearing indicating that refugee status would be granted, only to refuse it again following publicity of the case – prompting a further legal battle. Barry also looked at changes to the early removal scheme for foreign national offenders, as well as the case of an ill-advised use of AI by an immigration barrister that led to a referral to the Bar Standards Board. All this and much more!Reminder – if you want to book any of our upcoming trainingcourses, you can find them all here.The 40 minute podcast follows the running order below:Asylum (02:55)The reality behind “last minute” legal challenges to removal Briefing: is the modern slavery identification system in the UK being misused? Home Office amends modern slavery guidance to facilitate returns to France following High Court decision Palestinian refugee forced to wait further 18 months for refugee status after Home Office change of position Refugee family reunion route closed in statement of changes: HC 1298 What now for refugee family reunion applications?  Deportation (22:50)A look at the upcoming changes to the early removal scheme for foreign national offenders  Procedure (27:50)Tribunal lacked jurisdiction to consider human rights appeal where no notice filed Procedural fairness in visit visa applications Barrister referred to regulator following misuse of AI in immigration appeal  Work routes (37:35)Care worker found working in restaurant loses legal challenge Explainer: navigating the Shortage Occupation List, Immigration Salary List and Temporary Shortage List Updated (40:12)How to access old versions of Home Office guidance and identify any changesExceptional circumstances in a spouse or partner visa application under Appendix FMVisas for children under Appendix FM of the immigration rulesBritish by descent: when the child of a British citizen is not themselves BritishHow to apply for an International Sportsperson visaGeneral grounds for refusal: understanding mandatory refusal periods

Let's face it, August was a rough one and hopefully most of you managed to escape it for a summer holiday at some point, in which case you definitely need Sonia and Barry to help catch you up! The UK announced its new arrangements to return people arriving across the Channel to France, hotels used as asylum accommodation hit the headlines as far right protests hit the streets, and the latest immigration and asylum statistics were out - with some notable omissions. In addition to this, Barry covers an unsuccessful attempt by the Daily Mail to publish the personal details of a woman who lacks mental capacity as well as a new registration process for Irish citizens to become British.Barry also covers the very sad case of a woman who was unsuccessful in her challenge to a refusal of indefinite leave to remain. Sonia highlights an unreported but useful case on public order disqualifications in trafficking claims, an essential read for anyone working on those cases. She also looks at an important change to practice in the First-tier Tribunal which has been endorsed by the Upper Tribunal. All this and more in our August roundup! The 41 minute podcast follows the running order below:Statistics (00:45)Latest statistics raise questions around sustainability of Home Office asylum decision making Briefing: the sorry state of the UK asylum system  Asylum (07:00)Briefing: how to come to the UK from France under the UK/European Applicant Transfer Scheme Expression of interest form for France to UK transfers goes live What do we know about the UK-France agreement on asylum returns? Trading in human lives: unpacking the UK/European transfer scheme Daily Mail publisher loses attempt to lift anonymity order Home Office wrongly issued biometric residence permit to person refused asylumChallenge to public order disqualification dismissed by Upper Tribunal Epping Council succeeds in interim relief preventing use of hotel as asylum accommodation  Nationality (18:40)Simplified registration process for Irish citizens comes into force  Detention (21:30)Common issues with immigration bail conditions  Human rights (22:20)Refusal of indefinite leave to remain because of false passport conviction upheld by Upper Tribunal  Work routes (27:50)Changing employers on a skilled worker visa  Procedure (32:00)Upper Tribunal endorses practice of judges considering permission to appeal applications against their own decisions Procedural fairness challenge succeeds in Hong Kong case  Updates (37:50)How to make a complaint to the Home Office Good character and criminal convictions in British citizenship applicationsBriefing: the inadmissibility process in asylum claimsHow to apply for a UK domestic worker visaWhat safe and legal routes are available for refugees to come to the United Kingdom?

July was actually a fairly busy month! Join Sonia and Barry as they run you through what happened, including the changes to the skilled worker route, everything that happened on Afghan resettlement, recent changes to the EU Settlement Scheme and the latest instalment in a far too long running Palestinian case. An article from BID flagging up a really important change being proposed to cautions got a huge number of views and has hopefully helped to raise awareness.Other cases included one involving a questionable practice by the Home Office relating to people in prison, a successful challenge to a sponsor licence revocation. Barry and Sonia also discussed the wisdom of civil penalty appeals, the latest on climate change litigation and an important update for anyone filing judicial reviews in the Administrative Court. That's not even all of it!The 43 minute long podcast follows the running order below:Statement of changes (00:50)Afghan scheme closed immediately and major changes to skilled worker route – statement of changes: HC 997  Asylum (02:10)Secret Afghan resettlement scheme set up after government data breach Successful challenge to transparency of Triples review of Afghan resettlement rejectionsWhat does the ICJ’s advisory opinion on climate change mean for displaced people?The Climate Mobility Case Database: a new movement to advance the rights of climate-displaced communities Palestinian family succeed in their latest battle to reach the UK  Deportation (12:30)Concern over new police powers to ensure more foreign nationals are removed from the country Home Office failed to consider human rights claim before making deportation decisionDetention (18:40)Student held to be unlawfully detained after Home Office wrongly cancels leave  Work routes (19:50)Extending a skilled worker visa without a certificate of sponsorship Care provider successfully challenges revocation following Home Office salary miscalculations Failed challenge shows that civil penalty appeals can be unappealing  EUSS (28:50)Changes to the absence rules for EU Settlement Scheme How does absence from the UK work under the EU settlement scheme?  Procedure (34:00)Which settlement category (and form) to use when completing ten years of lawful residence Upper Tribunal decision on evidential flexibility and accepting new evidence in administrative reviews Administrative Court gives guidance on handling e-filing issues Updated (41:00)There is no 180 day a year rule for visitors to the UKNaturalising as a British citizen: the intention to settle requirementWhat is the immigration skills charge?Briefing: what is the English language requirement?

Time for your June round up of all things Free Movement - and Barry is back! In this month's episode both Sonia and Barry divulge some rather niche interests, while discussing the second latest (!!) statement of changes, the Migration Advisory Committee's review into the minimum income requirement, the legal aid crisis (the increase was announced the day of recording) and impact on the tribunals. They also looked at difficulties for both Afghan women and Ukrainians seeking protection in the UK. Cases included a mystifying decision by some legal representatives to ignore a helpful email from the Home Office, some guidance on bringing Cart judicial reviews under the new restrictions, a certificate of travel refusal and more!The 37 minute long podcast follows the running order below:Statement of changes (01:30)Statement of changes: HC 836 sees changes to permitted absences for EU Settlement SchemeAsylum (02:40)The Home Office is refusing Ukrainians’ protection claims and telling them to leave the UKLegal aid crisis worsens with shortage of immigration and asylum advice throughout the UKImmigration tribunal appeals backlog up 80% to 90k outstanding cases The uncertain future for Afghan women seeking asylumTribunals “required to use common sense” in claims of monitoring by a foreign stateCourt of Appeal finds Home Office justified in refusing certificate of travelFamily (16:30)Committee advises against further increase to minimum income requirement for familiesProcedure (22:05)Lawyer error results in invalidity of settlement application Court of Appeal finds jurisdiction in Cart judicial review under “natural justice exception”Work routes (28:12)High Court rules sponsor should have been given chance to make representations before licence revocationVisitors (29:42)Upper Tribunal upholds Home Office decision that visitor intended to reside in UK through “frequent and successive visits”Immigration Advice Authority (32:15)What can you do as a Level 1 Immigration Advice Authority adviser?Updated (33:30)What are the continuing professional development requirements for immigration lawyers?Briefing: the support system for migrant victims of human traffickingBriefing: the seasonal worker visaWhat safe and legal routes are available for refugees to come to the United Kingdom?Should refugees claim asylum in the first safe country they reach?What is the difference between refugee status and humanitarian protection?Top tips for making complex refugee family reunion applicationsBriefing: What rights do refugees have under the Refugee Convention? 

May is over and the immigration white paper has finally been published, so Sonia spends a bit of time at the beginning of this month's podcast reliving the horrors of that. Andrew covers a very wide range of topics in this episode, from deprivation of citizenship to "self sponsorship" to deportation of EU nationals to visitors. Sonia goes on (yet another) rant about eVisas. If there is a potential audience for Andrew's offer of a ten hour podcast purely listing eVisa complaints then do let us know and we'll consider it! All this and much more. The 45 minute long podcast follows the running order below:Immigration white paper (00:52)The immigration white paper has been publishedWhat does the immigration white paper say about workers and students?What does the immigration white paper say about family, deportation and other areas?Immigration white paper impacts on the Higher Education sector and international studentsImmigration white paper – the case for optimism and what sponsors should doPoints based system (09:05)Your questions answered: the ‘Self-Sponsorship route’ for overseas businesses establishing a UK presenceBriefing: an employer’s guide to section 3C leaveAsylum (15:20)Latest statistics show that only two Syrian people have been granted refugee status this yearFresh claim rejection successfully challenged in Upper TribunalEU Settlement Scheme (19:30)Poor drafting of Appendix EU criticised again by Court of AppealDeportation (24:20)‘Life in Germany is not significantly different from life in the UK’: EU nationals and the ‘insurmountable obstacles’ testImmigration Advice Authority (29:15)What can you do as a Level 1 Immigration Advice Authority adviser?  Immigration adviser loses appeal against refusal to raise registration levelVisitors (32:30)Potential border problem caused by discrepancy between ETA and visitor suitability rulesChallenge to refusal of visitor visa dismissed by Court of AppealProcedural (38:10)Upper Tribunal reiterates correct process for applying for permission to appealeVisa failures preventing access to public fundsNationality (41:15)Supreme Court dismisses appeal against deprivation of British citizenship by woman in SyriaUpdates (43:48)How much does it cost to sponsor someone for a UK work visa?How child relatives of refugees can apply to enter or remain in the UKHow to become an Immigration Advice Authority Level 1 regulated adviserBriefing: How expensive are UK immigration applications and is this a problem?What amendments are being made to the Border Security, Asylum and Immigration Bill?Youth Mobility visa: what is it and how does it work?How to apply for a Temporary Work – Creative Worker visa

It was a relatively quiet April ahead of what looks to be a busy May. Sonia is joined by Andrew again this month. Sonia runs through the amendments made at committee stage of the Border Security, Asylum and Immigration one and despaired over the lack of attention given to the case where the UK detained a Brazilian tourist for eight weeks. Andrew looks at Asylum Aid's successful statelessness challenge as well as a really interesting piece on discrimination against non-EEA nationals with pre-settled status. There were also lots of case updates, including on fee waivers in indefinite leave applications, successful and unsuccessful skilled worker cases, and much more!The following posts were covered in this episode:What amendments have been made to the Border Security, Asylum and Immigration Bill?Asylum (03:45)New Iran country policy and information note on social media, surveillance and sur place activities First-tier Tribunal wrong to allow appeal based on a grant of humanitarian protection that did not exist Court of Appeal considers standard of proof for internal relocation  Family (08:00)Asylum Aid wins High Court challenge to the statelessness family reunion rules The armed forces immigration rules: what are they, why do they exist and what are the challenges? Home Office guidance on discretionary indefinite leave for children held to be unlawful Is it discriminatory to prevent non-EEA nationals with pre-settled status from being joined in the UK by their spouse?  Visitors (22:40)Brazilian tourist unlawfully detained after “volunteering” in a hostel  Work routes (24:40)Court of Appeal rejects student’s attempt to switch into skilled worker route Challenging the suspension and revocation of a sponsor licence Successful challenge to cancellation of skilled worker leave after Home Office errors Guidance on “exceptional assurance” Covid policy given by Court of Appeal  Updated (40:30)Refugee family reunion: a user’s guideFee waivers for applications made outside the UK: who can qualify and how to applyBriefing: the sorry state of the UK asylum systemA guide to right to work checksA guide to making fresh claimsWhat are the financial requirements for UK spouse and partner visas?

This month Barry is away and so his colleague Andrew Jones has stepped up and stepped in to co-host with Sonia, and frankly made it all look rather easy. March was a busy one, and Sonia and Andrew rattled through a lot. There were some big decisions in the asylum world, including Wethersfield and an important one on asylum support and withdrawals. Sonia attempted to explain an incredibly complex trafficking case in under 60 seconds and gave Andrew the two most depressing cases of the month, one involving the ongoing separation of a family in the UK and France and another where a man won his spouse appeal, but only after his spouse had died.It was statistics galore with the 2024 figures now out for both for trafficking cases and the tribunals. There was also a statement of changes last month, along with some fee increases taking effect in April that practitioners should be aware of. We also covered the latest deprivation decision, this one from the Supreme Court. That’s not even all of it!Asylum (01:05)High Court confirms ability to challenge lawfulness of withdrawal decision in asylum support appealHigh Court finds that three men were unlawfully accommodated at WethersfieldCourt of Appeal says exclusion of those with deportation orders from trafficking concession is lawfulChildren with pending asylum claim can be removed from the UK to be reunited with their parentsInspector’s report finds penalty scheme for deterring clandestine entry is still lackingTen years after the introduction of the Modern Slavery Act, safety is more elusive than everHome Office wrong to exclude kidnapping victim from trafficking protectionsThe Home Office is leaving thousands of Afghans in limbo in the UKIncrease in Home Office refusals sees number of asylum appeals soar in latest tribunal statisticsStatement of changes (19:16)Statement of changes HC 733: visa regime imposed on Trinidad and Tobago and help given to some care workersFamily (20:43)Man unlawfully denied spouse visa wins appeal too lateInspection of fee waiver applications notes improvement in processing times, concerns about decision qualityNationality (28:03)Supreme Court adopts “nuanced” approach in deprivation of citizenship appealHome Office to reconsider Windrush compensation rejection after court lossProcedure (32:52)Increases to most Home Office fees from 9 April 2025Increase to court and tribunal fees from 1 April 2025eVisa ‘grace period’ allowing travel with an expired biometric residence permit extended to 1 June 2025New sanctions for failure to comply with biometric regulations in eVisas changes from 27 March 2025Court of Appeal upholds decision to refuse extension of time to woman deprived of British citizenshipUnlocking the potential of pro bono costs ordersHome Office decision to “correct” grant of indefinite leave made in error held to be lawfulPoints based system (37:49)No duty for Home Office to carry out impact assessment before revoking sponsor licenceNational Audit Office recommends more is done to tackle exploitation in the Skilled Worker routeHuman rights (41:06)Home Office concede that Dutch man was wrongly excluded from UK in case of mistaken identityUpdated (42:17)How does absence from the UK work under the EU settlement scheme?How to claim asylum in the UKBriefing: How to make a change of conditions application and remove the ‘no recourse to public funds’ restrictionThe 180-day absence rule doesn’t apply to people with a spouse or partner visa 

The February podcast is here! We kick off with Sonia briefly summarising the recently published statistics for 2024. There was then a lot to cover on asylum with several case updates and of course the recent Home Office changes to the good character requirements. Barry was thrilled to be able to discuss his favourite section of the British Nationality Act 1981 as well as getting to cover Alex Piletska’s “highly entertaining” housesitting piece. All that and much more!General immigration (01:00)Health and care worker visas and asylum grant rates both plummeted in 2024 according to latest statistics  Asylum (03:15)High Court upholds award of £98,757 damages to refugee Home Secretary’s decision on national security is sufficient to revoke refugee status Upper Tribunal dismisses judicial review in case of parents seeking to reunite with young children  High Court provides guidance on interaction between Schedule 10 accommodation and Care Act duties Who is eligible and how to apply to the Ukraine Permission Extension Scheme? Challenge to refusal to relocate Diego Garcia refugee to the UK dismissed by High CourtGood character guidance amended to block refugees from naturalisation British citizenship (20:45)High Court considers new provisions for registration as a British citizen in special circumstances Court of Appeal returns deprivation appeal to the Upper Tribunal EU Settlement Scheme (27:25)Frequently asked questions: family member applications to the EU Settlement Scheme  Work routes (28:15)A guide to civil penalties for illegal working  Procedure (29:40)The Home Office is creating unnecessary additional work and delays in change of conditions applications Litigant in person to pay thousands in costs after falling foul of procedural rules  Visitors (34:40)Housesitters and holiday swappers: what are the immigration law implications?  Updates (39:20)What is the no recourse to public funds condition?Government Authorised Exchange: one visa, over 30 optionsGeneral grounds for refusal: contriving to frustrate the intention of the rulesVisas for children under Appendix FM of the immigration rulesWhat is a Scale-up visa and how does it work?

Sonia and Barry are back already to celebrate the end of January! There is a brief look back at 2024 and look forward to 2025 which of course now includes the new Bill (seriously what are we calling this thing for short? BSAIB just doesn't work, as Barry ably demonstrates). Sonia and Barry cover two of the recent Court of Appeal deprivation cases, as well as Asylum Aid's recent statelessness challenge and a recent decision on children separated from their parents during a Channel crossing. Sonia also covered a few trafficking updates and made a plea for one final effort on legal aid as the final consultation opens. There are new briefings and case updates on work routes as well as interesting one on urgent removals. Barry finishes off with a look at Manston and the recent judicial review forcing a proper inquiry into what happened at the centre. The 41 minute podcast follows the running order below: Immigration news (00:30) Free Movement review of the year 2024 Border Security, Asylum and Immigration Bill   Nationality (04:05) Deprivation of British citizenship process is procedurally unfair, says Court of Appeal New Court of Appeal guidance on the correct test to be applied to s.40(3) deprivation of citizenship appeals Statelessness – Asylum Aid legal challenge to family reunion rules change in High Court this week   Asylum (13:45) Home Office wins appeal against interim admission of parents of separated children Consultation on increase to legal aid fees opens Changes to guidance on requesting reconsideration of trafficking leave decisions Briefing: how to request leave to remain for survivors of trafficking How to identify whether a migrant domestic worker is a victim of modern slavery?   Work routes (16:35) Care home operator successfully challenges Home Office approach to genuine vacancy requirement Briefing: how to sponsor a Charity Worker Briefing: how to apply for a Charity Worker sponsor licence Significant changes made to guidance on sponsoring workers Skilled worker encountered “volunteering” loses challenge to cancellation of leave Unsuccessful challenge to refusal of further leave where appellant was aware of issues with sponsor licence   Family (27:20) Two recent Strasbourg cases on family life between adults   EUSS (32:10) Home Office to start converting eligible EUSS pre-settled status holders to settled status this month   Immigration Advice Authority (33:00) OISC renamed Immigration Advice Authority from 16 January 2025   Deportation/Removal (33:50) High Court gives guidance on secret correspondence for charter flight removals   Detention (35:00) Home Office settles Manston inquiry judicial review   Updated (39:30) Briefing: how to apply for a student sponsor licence Home Office guidance on streamlined asylum processing for children Briefing: how to apply for a religious work visa What is the Immigration Advice Authority, previously known as the OISC? Will I need Electronic Travel Authorisation to enter the UK? What are the UK immigration rules on statelessness?

It’s goodbye to 2024 in this month’s podcast, with Sonia and Barry wrapping up December. They spend a bit of time discussing eVisas at the beginning of the podcast, before moving on to asylum and trafficking where issues around the quality of decision making have been raised in a couple of different posts. Barry covered two Court of Appeal decisions on the EU Settlement Scheme as well as an Upper Tribunal decision on deportation of EU nationals. Sonia discussed OISC’s name change and suggests that time and money might have been better spent on resolving the various issues with the new online portal. All that and much more! The 46 minute long podcast follows the running order below:  eVisas (00:40) eVisas and the hostile environment: a disaster waiting to happen Home Office minister makes statement on eVisas Asylum (13:10) Briefing: current problems in the UK asylum system and how to address them Migrant Help: now more helpful? Court of Appeal dismisses Iranian asylum appeal Afghan family to have application decided a sixth time after unfair refusal Recent changes to the policy on granting leave to survivors of trafficking Inspection of trafficking decision making body finds speed prioritised over quality EUSS (23:10) Court of Appeal says that application made to EU Settlement Scheme was correctly rejected Court of Appeal allows appeal on EU Settlement Scheme dependency rules Procedure (29:05) New Presidential Guidance on litigation friends in the tribunals Leave obtained by deception does not count as “continuous lawful residence” Court of Appeal finds Home Office cannot use the same certification decision in successive removals Unrepresented claimant fails in judicial review of voided application Deportation (38:10) Upper Tribunal clarifies position on deportation of EU nationals for pre and post-Brexit conduct Regulatory (39:14) Office of the Immigration Services Commissioner to be replaced by Immigration Advice Authority Nationality (41:25) High Court dismisses challenge to refusal of indefinite leave under Windrush scheme Updates (45:00) Fee waivers: what can you do if you cannot afford to pay your immigration application fee? Briefing: applying for a graduate visa How to apply for the UK’s global talent visa 

Barry returns and joins Sonia to run you through November on Free Movement. It was statistics galore for Sonia who covered the latest immigration, asylum and trafficking figures. A surprise statement of changes contained bad news for Colombians and Ukrainians. Barry was a really big fan of Colin's review of the latest Paddington movie and enthusiastically endorsed Alex Piletska's suggestion that the referee requirement for citizenship applications is scrapped. There were also several cases covered, including a detailed explanation from Sonia of the implications of the latest challenge to the no recourse to public funds policy. Full details of all the posts we covered can be found below. The 50 minute podcast follows the running order below: General immigration (00:40) Statistics for July to September 2024 show health and care worker and student numbers continuing to fall Safe options for Ukrainians and Colombians coming to the UK shut down in latest statement of changes   Asylum (03:50) Appeals lodged in the First-tier Tribunal up 53% and continued “significant increase” of asylum appeals expected States cannot refuse asylum claims by LGBTQI+ people based on the ‘discretion test’ alone Trafficking referrals and decisions at record high in latest statistics Unlawfully withdrawn asylum claim results in quashing of trafficking reconsideration refusal Regulation (14:10) OISC adviser who worked beyond his authorisation loses appeal against cancellation of registration Law Society reaccreditation exam: how to prepare and what to expect   EUSS (19:50) Lack of appeal against rejection of late EUSS applications does not breach Withdrawal Agreement Independent Monitoring Authority asks Home Office for clarity on border issues for those with pending EUSS applications EEA national appellant in prison on 31 December 2020 deemed not to be exercising treaty rights   Nationality (28:00) An immigration lawyer reviews Paddington in Peru: A very British bear “But I don’t know any barristers” – the case for scrapping the referee requirement for citizenship applications   Work routes (34:00) Court of Appeal dismisses challenge to employer penalty notice   Detention (37:10) Inspection report concludes that Brook House is less safe than two years ago   Deportation (38:25) Court of Appeal gives further guidance on assessing seriousness of an offence in deportation cases   Human rights (42:30) High Court finds no lawful system in place for expediting change of conditions applications   Updates (47:30) General grounds for refusal: understanding re-entry bans A guide to right to work checks How to apply for a skilled worker visa Will I need Electronic Travel Authorisation to enter the UK? Briefing: how to apply for a high potential individual visa Can asylum seekers work while waiting for a decision on their case?

Colin's back! But for how long? All is revealed in our October roundup podcast. Plus Sonia and Colin discuss hot topics such as the new practice direction for appeals in the First-tier Tribunal, appeals backlogs, issues in asylum interviews and reaccreditation for the Law Society's immigration and asylum scheme. We also cover the latest Supreme Court decision on the best interests of children, a case involving some serious administrative failings at the Court of Appeal, climate change and refugees and the latest inspection report from the Independent Chief Inspector of Borders and Immigration. On work routes we cover posts explaining which routes can lead to settlement, the latest round of litigation on care home sponsor licence revocation and whether the skilled worker pay thresholds create an equal pay issue. All this and much more (and no politics!). The 38 minute podcast follows the running order below: Procedure (01:30) New Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal issued Court of Appeal apologises and grants four year extension of time after administrative failings Administrative Court reminds practitioners of the need for an application when seeking to rely on expert evidence When can someone be refused a passport because of their name? Supreme Court says that statutory duty regarding children does not apply to the First-tier Tribunal Law Society immigration reaccreditation scheme: how does it work and how can we help?   Asylum (11:40) Asylum appeal backlog rises to 33,000 cases, likely to rise further Asylum interviews: what can go wrong and what can you do about it? Advancing legal rights in the context of climate and disaster displacement How child relatives of refugees can apply to enter or remain in the UK Asylum delay challenge dismissed by High Court of Justice in Northern Ireland Inspection of asylum accommodation reiterates need for the Home Office to listen to others Spain ordered to pay compensation for failures in trafficking case   Deportation (23:30) Can a European national be deported on ‘imperative grounds of public security’ based solely on the barbarity of their crime?   Work routes (25:40) How to use the creative worker visa concession Care home operator’s sponsor licence revoked for supplying sponsored workers to third parties Which work visa routes lead to settlement? What are the immigration dimensions to the new Employment Rights Bill? Do the skilled worker salary threshold increases create an equal pay issue for employers?   EU Settlement Scheme (33:00) EU Settlement Scheme: curtailment of pre-settled status after no longer meeting the rules   Family (34:40) Ensuring confidentiality and safety in overseas immigration applications based on same sex relationships   Updates (36:15) Youth Mobility visa: what is it and how does it work? Briefing: applications for adult dependent relatives How to apply for leave to remain as a bereaved partner

In this episode of the podcast Barry does everyone a big favour by taking us through the autumn statement of changes in detail. Sonia and Barry also have a bit of a call to arms on discretionary grants of indefinite leave to remain and tackling the ten year route. The importance of scrutinising country policy and information notes in asylum claims is covered over a few different articles. Barry goes through the minefield of travelling with leave under Appendix EUSS or a pending application, as well as the additional powers given to Border Force officials to cancel leave granted under Appendix EUSS at the border. Sonia really really doesn't want people to abuse the fee waiver process. We also cover Windrush and freedom of information requests, a successful Tier 1 (Entrepreneur) judicial review, the latest on biometric residence permits and eVisas, and more. We finish up with a look at the recent legal aid challenge and what the next steps look like there. The hour long podcast follows the running order below: General immigration (00:30) Statement of changes HC 217: fee waivers for bereaved partners, visa regime imposed on Jordan Home Office confirms error in immigration rules and directs skilled worker sponsors to updated guidance   Asylum (10:30) A troubling new approach to Afghan asylum claims Inspection of Home Office’s country guidance on Rwanda includes concerns about methodology and omission of evidence Concerns raised about Home Office use of country information in new report on LGBTQI+ people in Georgia   Detention (20:14) Significant damages for victim of abuse at Brook House   Human rights (21:35) Nelson Shardey and the ten year route to settlement: running an effective legal challenge and campaign   Sponsored migration (28:00) ‘New entrants’ salary discounts for the skilled worker route: who can benefit and how well does it work Challenge to refusal of Tier 1 (Entrepreneur) extension succeeds due to Home Office errors International recruitment and skills shortages: what can we expect from the Migration Advisory Committee’s review?   EU Settlement Scheme (34:55) Upper Tribunal provides guidance on the deportation of EU nationals for post-Brexit conduct Travelling to the UK with (and without) status under the EU Settlement Scheme   Procedure (42:55) The risks of making a fee waiver application for the purpose of “buying time” to make a different application General grounds for refusal: alleged deception, false information and innocent mistakes Tribunal forces Home Office to publish report on the racism that underpinned the Windrush scandal Report published on “The Historical Roots of the Windrush Scandal”   eVisas (49:15) How to make a “no time limit” application Lost or stolen biometric residence permits will no longer be replaced   Updated (50:30) What happens when biometric residence permits expire in December 2024? How to apply for a visa as the parent of a child in the UK Pursuing compensation from the Home Office Briefing: what is section 3C leave? How to become a level 1 OISC adviser in immigration law   Good news! (53:10) Lord Chancellor settles challenge to immigration and asylum legal aid rates

Barry joins Sonia again this month to look back at what happened in August. We cover the latest statistics on asylum, immigration and trafficking. There are a couple of cases relating to asylum family reunion, as well as a policy change for those separated during Operation Pitting. Other cases covered included deprivation of citizenship, an unsuccessful challenge to legal aid provision for young people and a successful challenge by Bail for Immigration Detainees in a freedom of information challenge. We also discuss updates on a couple of reports from the Solicitors Regulation Authority and the latest on what is happening with Tech Nation. The 43 minute podcast follows the running order below:   Asylum (00:55) Latest statistics show little movement on the asylum backlog, drop in students and health and care workers Positive decisions by immigration authority remain very low in latest trafficking statistics Unsuccessful challenge to lack of legal aid for asylum interviews Appeal against grant of limited bail on Diego Garcia dismissed No discrimination found against Afghan man blocked from Ukraine schemes Tribunal orders Home Office to disclose information on emergency travel documents for Somalia and Eritrea New country of origin information on children and young people from Sudan Home Office finally announces separated families route for Afghan evacuated families How to prepare suicide risk cases   General immigration (22:40) A step by step guide to applying for an eVisa Solicitors Regulation Authority publishes reviews of training records and asylum legal services   Family (29:15) Upper Tribunal says that article 8 rights of overseas family members must be considered   Work routes (33:25) A route of last resort: two years of the UK Expansion Worker visa The latest on Tech Nation and the Global Talent route   Nationality (35:40) Court of Appeal dismisses appeal against deprivation of citizenship   Updated (38:25) Leave to remain application date: how to calculate it and why it is important How to apply for a UK Ancestry visa How much does it cost to sponsor someone for a UK work visa? Briefing: what is leave outside the rules? Will I need Electronic Travel Authorisation to enter the UK?

It's August and Colin is away on holiday so Sonia was joined by a very special guest, Barry O'Leary, for the July roundup. Sonia and Barry discussed the end of the Rwanda scheme and the resumed processing of asylum cases, things not to do when carrying out an asylum backlog clearance, and the latest pause on decision making. They also cover the many EU Settlement Scheme cases that came out in July, the Windrush Compensation Scheme, a very popular post on a case involving estoppel and passports, and much much more. The 53 minute podcast follows the running order below: Asylum (00:55) The Rwanda policy is in its death throes Asylum processing to resume as new regulations allow grants of leave to be made Lessons to be learned from the last asylum backlog clearance exercise Successful challenge by Masters student to asylum accommodation move Freedom of information request shows increase in multiple asylum interview invites for applicants Asylum Support Tribunal says it can consider lawfulness of Home Office withdrawal of asylum claims High Court finds trafficking decision unlawful for failure to consider all available evidence Policy on leave to remain for survivors of trafficking continues to cause confusion and distress Home Secretary delayed decisions on trafficking victims’ cases because of Rwanda policy – paving the way for potential damages claims     EU Settlement Scheme (17:30) Lengthy absences from the UK can still put EU settled status at risk EU Settlement Scheme: automatic extensions and potential curtailments Home Office policy on delaying consideration of EUSS applications held to be unlawful Court of Appeal finds breach of Withdrawal Agreement in “mystery” stamp case Court of Appeal resolves ambiguity about assumed dependency in EU Settlement Scheme Detention (28:07) Harmondsworth detention centre inspection report: “worst conditions” ever seen   Nationality (30:30) Briefing: a guide to applications to the Windrush Compensation Scheme High Court finds passport office prevented from refusing passport to person who may not actually be British High Court upholds refusal to register child as a British Citizen   Points Based System (38:30) High Court confirms that mandatory sponsor licence revocation is actually mandatory in latest care home case How the UK’s systems for dealing with overseas entertainers have descended into farce and how they can be improved   Procedure (41:42) eVisas: who is affected and what steps to take now First-tier Tribunal judge carried out “wholly inappropriate” cross-examination of appellant   Immigration (48:20) New Home Office guidance clarifies transitional provisions for absences in the 10 year long residence route

Here is your June round up of Free Movement. In this episode Colin and Sonia discuss why the Illegal Migration Act should be repealed, an appalling decision on trafficking delays, a much better decision on section 3C leave, the raised standard of proof in asylum claims, one and a bit cases on challenging judicial behaviour, the latest care home revocation case and much much more. By popular (?) demand, we finish with a chat about the general election. The 39 minute podcast follows the running order below: Asylum (00:40) Briefing: four problems in the UK asylum system and how to address them Almost four year delay in deciding trafficking claim held to be lawful by High Court The new, higher standard of proof doesn’t apply to human rights claims Kent County Council cannot avoid its duty to find placements for unaccompanied asylum seeking children   Procedure (13:10) Court of Appeal rejects claim that hearing was unfair because tribunal judge asked too many questions Home Secretary’s failure to provide digital proof of status to those with section 3C leave held to be unlawful (and see here for an update from RAMFEL: https://www.ramfel.org.uk/news-and-blog/3c-leave-update-time-to-request-digital-proof-of-status) High Court decides there is no oral permission hearing in Cart judicial reviews  Court of Session gives guidance on transferring judicial reviews to the Upper Tribunal   Points based system (18:40) Another care home sponsor licence revocation successfully challenged in the High Court Official evidence of English language test cheating will raise a case to answer, confirms Upper Tribunal   Policy (22:25) Failure to implement Windrush recommendations held to be unlawful by High Court Where are we now and what is the future of the Illegal Migration Act?   Updated articles (25:20) Should refugees claim asylum in the first safe country they reach? What is the difference between a “refugee” and an “asylum seeker”? What is the refugee definition in international and UK law? Can Ukrainians take refuge in the UK? Ukraine schemes and other routes How does immigration and nationality law apply to adopted children? How to apply for a Skilled Worker sponsor licence   General election 2024 (26:15) What changes does a Labour government promise for business immigration?

In this podcast Sonia discusses Kalayaan's new report "12 years of modern slavery" with Avril Sharp, immigration lawyer and policy officer. The report looks at the history of the overseas domestic worker visa, and the harmful changes that have made. They also discuss the impact of the Nationality and Borders Act 2022, delays within the National Referral Mechanism system for identifying survivors of trafficking and modern slavery, the experiences of those within the system, similarities with other "tied" visa routes and changes that need to be made to protect domestic workers.

Here is your May round up of Free Movement. In this episode Colin and Sonia look at the latest immigration, asylum and trafficking statistics, including discussion of the fee waiver backlog. They also cover the latest on “safe and legal” routes for those in Afghanistan and Gaza. Sonia nerds it up over archived Home Office guidance and we cover several new cases. The episode ends with a discussion of the upcoming general election and some hopes (and some lack of hope) for a new government. The 35 minute podcast follows the running order below:   Asylum (00:20) Home Office statistics link drop in asylum grant rate to Nationality and Borders Act 2022 Trafficking statistics show positive decisions by the immigration enforcement competent authority are at a record low Inspection report on Afghan resettlement schemes reveals another secret pause on processing cases Upper Tribunal finds guidance for those unable to travel from Gaza to enrol biometrics is unlawful Asylum seekers on Diego Garcia granted bail to access limited areas of the island Procedure (17:10) How to access old versions of Home Office guidance and identify any changes A varied application can be refused where false representations were used in the original application Human rights (19:40) Court of Appeal finds that damages may be payable to those subject to ‘no recourse to public funds’ delays High Court dismisses challenge to lack of legal aid for Windrush compensation scheme Detention (24:50) Adults at Risk guidance changed from 21 May 2024 to allow more vulnerable people to be detained High Court finds use of electronic monitoring to be unlawful Updated (28:20) What safe and legal routes are available for refugees to come to the United Kingdom? The Hong Kong British National (Overseas) visa Appendix Settlement Protection: indefinite leave to remain for people granted refugee status or humanitarian protection What is the 20 year rule on long residence and other private life applications? Briefing: how does the 10 year route in Appendix Long Residence work?

In the April roundup Colin and Sonia cover the new Rwanda Act and the process for sending a person to Rwanda, challenges to the use of the inadmissibility process, the government's response to the increase in arrivals of Vietnamese nationals and the Independent Chief Inspector of Borders and Immigration's report into deprivation of British Citizenship. We also look at cases including the man with indefinite leave to remain who has been prevented from returning to the UK for over 15 due to a Home Office error, a complex EU deportation decision, a case involving children separated from families during the evacuation of Kabul and many others. The 48 minute podcast follows the running order below: Asylum (00:20) Briefing: Safety of Rwanda Act – what happens now? How to get clients out of inadmissibility limbo and into the asylum system Upper Tribunal gives guidance on assessing well-founded fear under the Nationality and Borders Act Person with indefinite leave unable to return to the UK for over 15 years after Home Office mistake Latest Home Office statistics show Vietnamese nationals are the government’s likely next target Somali refugee’s conviction for possessing a false identity document quashed by Court of Appeal New route to be set up to reunite children separated from family in Afghanistan evacuations and the Home Secretary breaches duty of candour again Procedural fairness requires reasons to be given in Afghan resettlement refusals Human rights (29:15) Supreme Court finds no human right to legal status if it’s your own fault you can’t be removed Briefing: How to make a change of conditions application and remove the ‘no recourse to public funds’ restriction   Deportation (35:57) Court of Appeal dismisses appeal against deportation by woman who has lived in the UK since 1985 Upper Tribunal provides guidance on the deportation of EU nationals for pre-Brexit conduct   Citizenship (42:00) Independent Chief Inspector’s report on deprivation of citizenship shows a high number of stalled cases   OISC (44:42) New OISC code of practice will take effect from 1 September 2024   EU (46:00) Upper Tribunal confirms that appellants lost their rights under EU law once sponsor lost his EU citizenship   Updated (46:50) What are the financial requirements for UK spouse and partner visas? Exceptional circumstances in a spouse or partner visa application under Appendix FM How to apply for a UK spouse or partner visa

In the March roundup, Sonia and Colin discuss the latest with Albanian cases as uncovered in the Independent Chief Inspector of Borders and Immigration's report on asylum casework. We cover articles looking at recent changes to the Ukraine schemes, as well as a reminder of the existence of Hamid cases and how to avoid being on the receiving end of a telling off from the High Court. We also recap the recent telling off that Swift J gave the government legal department, changes to work routes, costs in SIAC reviews, GPS tagging, deportation of stateless people and much more! The 32 minute podcast follows the running order below: Asylum (00:32) Asylum casework inspection report reveals mishandling of cases, secret ministerial directions How to effectively represent Albanian people seeking asylum in an increasingly difficult environment How the changes to the Ukraine Schemes will make it more difficult for Ukrainians to come to the UK – and why they should be cancelled   Procedural (08:40) Two Hamid referrals made in asylum cases where out of hours injunctions were sought Government Legal Department told by High Court to keep “rather basic point” in mind when advising on redactions Special Immigration Appeals Commission has the power to award costs in reviews   Points based system (12:40) Statement of changes HC 590: salary thresholds increased, shortage occupation list gone Changes to work visa routes from 4 April 2024 and what it means for employers   Detention (14:30) Court finds that the Home Office’s imposition of a GPS tag was unlawful for over a year in the first case of its kind   Deportation (17:35) Can a stateless person be subject to deportation proceedings?   EU Settlement Scheme (20:00) Akinsanya latest: guidance on Zambrano carers found to be unlawful, Appendix EU unaffected   British Citizenship (22:10) Roehrig upheld by Court of Appeal: no changes for certain children of EU citizens not entitled to British citizenship Appellant keeps British nationality after Court of Appeal overturns dishonesty finding General immigration (24:40) More increases to application fees, including passports and Appendix FM