Free Movement

Jasmine is back with Mala Savjani, partner at Wilsons Solicitors, for August's round up of immigration law news. Mala talks through the latest quarterly statistics which show immigration, asylum and citizenship numbers all falling, and why the Supreme Court found an illegal working civil penalty notice to be invalid. We discuss two important Upper Tribunal cases, one sets out what makes a good country expert report, and the other is the long-awaited country guidance on Albanian male victims of trafficking. We also cover the statement of changes lifting work restrictions for skilled workers with a positive conclusive grounds decision (more on that next month), and a case on the restricted nature of Article 8 family life. Jasmine explains why an appeal brought for a child without valid instructions is no appeal at all and the importance of evidencing future intentions in the UK when it comes to registering a child as British under section 3(1) of the British Nationality Act. Plus lots more.Immigration statistics (00:28)Latest immigration statistics: immigration, asylum and citizenship numbers all fallAsylum and protection (04:02)Upper Tribunal provides guidance on what makes a good country expert reportNew Country Guidance case for Albanian male victims of traffickingHome Office concedes that trafficking survivors with skilled worker visas can have their leave varied to VTS leaveFamily (15:01)Court of Appeal reiterates restricted nature of Article 8 family lifeChildren (17:45)An appeal brought on behalf of a child without valid instructions is no appeal at allWork (20:35)Supreme Court finds illegal working civil penalty notice invalid for failing to specify the basis for liabilityCitizenship (23:14)Challenge to citizenship refusal under section 3(1) by stateless children refused for lack of supporting evidenceVisitors (25:56)Gaza visit visa refusal amounted to a human rights refusal despite the wording of the decision letterVisitor visa applicants must be allowed to respond to ‘not genuinely seeking entry’ allegationNew briefings (32:42)How to respond to the Home Office if a sponsor’s licence is suspendedHow to handle counter-allegations in domestic abuse casesWhy does a positive trafficking decision not automatically establish an asylum claim?How to apply for immigration bail

Isaac Abraham is back to join Jasmine for this month's episode. It's a bit of a longer one this month as we dedicated the first section to the big news that was the Immigration and Asylum Bill. Isaac has explained the bill's different parts and its passage through Parliament so far.Jasmine goes through the most recent statement of changes and then a number of cases, including a successful challenge from a trafficking victim who was forced at gunpoint to steer a small boat across the Channel. Isaac looks at two separate Home Office actions that have been found unlawful, including the secret policy capping trafficking leave to 12 months and the removal of the right to request reconsideration of a trafficking decision. There were also two quite shocking fraud cases and a reminder to solicitors to watch out for 'red flags'.We also highlight the changes to right to work checks coming in from 1 October. Plus much more!Immigration and Asylum Bill (00:41)What’s in the Immigration and Asylum Bill 2026?Statement of changes (13:08)Statement of Changes HC 259: changes to children’s settlement rules under Part 8 and exception to immigration bail prohibitionAsylum and protection (15:13)Refugee families left in limbo as challenge to suspension of refugee family reunion route is dismissedOver 1,000 people seeking sanctuary convicted of illegal arrival in the UKSuccessful legal challenge for survivor of trafficking forced to steer small boat across ChannelSecret Home Office policy capping trafficking leave at 12 months declared unlawfulHome Office acted unlawfully by removing reconsiderations for trafficking decisionsProcedure (33:48)Immigration firm criticised for failing to identify possible client fraud‘Well-oiled’ fraudulent business machine behind fake judicial review claims uncoveredBusiness (39:38)Right to work checks are changing: what employers need to know before October 2026High Court quashes sponsor licence revocation over unspoken dishonesty allegationOptions for care workers when an employer’s sponsor licence is revokedThe case for a dedicated UK fishing visaBriefings - new and updated (47:13)The Tameside duty of inquiry: what is it and why is it relevant to immigration law practitioners?Fee waivers: what can you do if you cannot afford to pay your immigration application fee?Applying for British citizenship by naturalisationGood character and criminal convictions in British citizenship applicationsSuitability refusals: alleged deception, false information and innocent mistakes

In this month's round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover the latest tribunal statistics, which make for grim reading as the asylum appeals backlog has climbed past 87,000 cases. With roughly twice as many cases coming in as going out, anyone lodging an appeal now faces a wait of close to three years.Mala then unpacks the judicial review challenges to the Home Office's good character citizenship policy. Jasmine and Mala also cover a Court of Appeal decision on Iranian sur place claims, a win for Freedom from Torture and the Helen Bamber Foundation over asylum accommodation protections, and a curious split between the English and Scottish courts on age assessments. Plus, the new compliance regime for universities, the English language test fraud allegations saga, settlement and more! Asylum and protection (02:03)Asylum appeal backlog rises to 87,450 casesHome Office withdraws refusals in good character citizenship policy challengesCourt of Appeal declines to give wider guidance on Iranian sur place claimsHome Office unlawfully removed asylum accommodation protections for torture and trafficking survivorsDivergent approach to age assessments adopted in different parts of the UKSettlement (19:15)Yet another case on criminality for pre-2012 discretionary leave holder seeking settlementBusiness and study (22:20)Compliance flashes red for universitiesThree rounds of sponsor guidance updates and what the latest changes mean for employersHigh Court strikes out Home Secretary’s fraud accusations in TOEIC damages claimBriefings - new and updated (30:58)Legal aid for immigration cases: what is in scope and how to applyGetting Global Talent endorsements right: what separates approvals from refusalsBriefing: the duty of refugee sea rescue in international lawHow to apply for entry clearance for victims of transnational marriage abandonmentAge assessments: how to challenge a negative decision

This month, Jasmine is joined by Isaac Abraham, a solicitor at the Islington Law Centre. They discuss the King’s speech and the latest immigration statistics, which show a fall in net migration and asylum claims, but a steadily growing appeals backlog. The number of sponsor licence revocations has also shot up. Jasmine interviewed Luke Piper last month about the devastation this is causing to sponsored workers, particularly in the health and care sector.Isaac discusses a number of new cases including a challenge by Syrian asylum seekers against removal to Bulgaria based on article 3 grounds and what happens to someone’s entitlement to benefits when they are subject to deportation proceedings. Jasmine talks about the problems that UK universities are creating for international student entrepreneurs and elsewhere there has been a judicial review challenge to the Home Secretary’s decision to grant temporary protection status of only 30 months to refugees. All this and much more! Immigration statistics and news (01:30)Latest immigration statistics show falls in net migration and fall in asylum claimsWork visas, employer crackdowns and the nationalities caught in the middleNearly 90% of conclusive grounds reconsiderations result in positive outcome and more UK referrals than everImmigration legislation re-announced in King’s SpeechAsylum and protection (16:13)We’re challenging the Home Secretary’s decision to grant temporary protection status of only 30 monthsUpper Tribunal finds arguable Article 3 breach in Bulgarian removal challengeFamily and human rights (23:42)Gurkha historic injustice does not remove the need to prove causationWhich takes priority: family or immigration proceedings?Students (30:37)Sold entrepreneurship, barred from business? The student visa trapCan a Student visa holder sit as a member of the Scottish Parliament? Yes, they canDeportation (37:45)Social security case looks at the interplay between deportation and entitlement to benefitsBriefings – new and updated (42:15)Briefing: registering a child as BritishRight to rent checks: a practical guide for landlords and letting agents in EnglandWhat is the no recourse to public funds condition?Briefing: how to apply for a religious work visaHow does absence from the UK work under the EU settlement scheme?Changes to the absence rules for EU Settlement Scheme

In the April round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover April’s most significant developments, which includes a Court of Appeal decision on what past ill-treatment actually has to look like to amount to persecution, a landmark European Court of Human Rights ruling on returns to Afghanistan, and a High Court judgment looking at whether single hotel rooms are ‘adequate’ for asylum-seeking families.They also discuss the ongoing saga of the last person stranded on Diego Garcia and practical guidance on domestic abuse cases where survivors fall outside the rules. Plus costs applications, surrogacy, sponsor right to work checks, and more.Asylum and protection (00:58)Past arrest and beating of Vietnamese protester does not amount to persecutionEuropean Court rules return of Hazara Afghan national would breach Article 3Asylum hotel accommodation unlawful where it fails basic standards of adequacyThe importance of early clarification of grounds of appealFinal Diego Garcia migrant moved from the military base to the MaldivesFamily and human rights (15:18)Home Secretary accepts she can grant further leave on the five-year route without the no recourse to public funds conditionWhen domestic abuse survivors don’t fit the rules: options and risksAdoption and surrogacy: when is a child born overseas British?High Court finds Afghan relocation refusal unlawful and unpublished guidance is withdrawn EU Settlement Scheme (27:16)Continuous residence under the EU Settlement Scheme: changes to automated settlement process and expanded cancellation policyWork (31:40)Confusing changes to sponsor right to work checks: what has changed and what is still unclearProcedure (33:27)Applications for costs in immigration cases: what practitioners need to know