Free Movement

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and surrogacy: when is a child born overseas British?High Court finds Afghan relocation refusal unlawful and unpublished guidance is withdrawn EU Settlement Scheme (27:16)Continuous residence under the EU Settlement Scheme: changes to automated settlement process and expanded cancellation policyWork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

In the March round-up, Jasmine is joined by Chris Dias to discuss a new practitioner's guide to children's protection claims, whether policies to deter asylum seekers actually work and what happens when the Home Office grants settlement by mistake. They cover a number of cases including the latest in the Diego Garcia saga and the Court of Appeal's approach to deportation and subjective fears of family members.Chris highlights the key points from the latest statement of changes and new sponsor compliance duties. They also cover some updated briefings, including the right to work for asylum seekers and the electronic travel authorisation scheme.Asylum and protection (00:44)A practitioner’s guide to commencing children’s protection claimsHome Office decision to remove public funds from Diego Garcia asylum seekers was unlawful, Upper Tribunal findsConvicted murderer excluded from protection of Refugee ConventionWhy the latest attempt to deter asylum seekers won’t workAsylum support: what is available and what has changedStatement of changes (11:05)Statement of changes HC 1691: changes for refugees, skilled workers, children and moreSettlement (15:14)What happens if the Home Office grants indefinite leave to remain by mistake?Deportation (17:15)Subjective fears of family members are relevant but not enough to prevent deportationProcedure (19:05)When can you get a refund for the immigration health surcharge?Is a person who obtained their leave by deception “lawfully resident”?Work (22:55)New sponsor compliance duties you need to act on nowThree months is enough: High Court confirms approach to salary assessment in sponsor licence revocation caseWhen would you ever use the secondary employment provisions?Updated articles (28:52)Can asylum seekers work while waiting for a decision on their case?Do I need an electronic travel authorisation to enter the UK?

In the February round up, Jasmine and Barry discuss the Home Office's new pilot for children's asylum claims and dig into the latest immigration statistics. They cover some crucial advice for clients, including what to do if you're refused entry at the UK border, whether you can apply for settlement early to avoid the new ‘earned settlement’ proposals and how to fight a bank account closure on immigration grounds.There is also new Home Office guidance on EU Settlement Scheme derivative rights, trouble for dual nationals without British passports and yet more lawyers being caught out by fake AI-generated case law. Asylum and protection (02:08)Home Office introduces pilot to speed up children’s asylum claimsMassive reduction in the backlog but questions over quality of decision making in latest trafficking statisticsLatest statistics: overall decline in visa grants and concerns as Syrian asylum success rate plummetsNo breach of public sector equality duty by Home Office when housing LGBTQ+ asylum seekersVisitors (12:02)What to do if you are stopped and refused entry at the UK borderSettlement (13:46)Can I apply for indefinite leave to remain early?A fairer pathway? How the “earned settlement” proposals risk discrimination against migrant womenEU Settlement Scheme (17:35)New Home Office guidance on EU Settlement Scheme: derivative right to reside (Chen and Ibrahim/Teixeira cases)Citizenship (19:43)Will the UK really ban dual nationals who don’t have a British passport?Permission granted in judicial review challenges to British citizenship ‘good character’ policyHigh Court gives guidance on delay in applying for judicial review and human rights jurisdictionDeportation (27:37)Man stranded abroad challenges Home Office deportation decision taken whilst travellingProcedure (29:29)How to challenge closure of a bank account on immigration groundsTribunal criticises two more immigration lawyers for suspected citation of AI-invented fake case lawUpdated (32:00)Youth Mobility visa: what is it and how does it work?How to apply for a UK spouse or partner visaHow to become an Immigration Advice Authority (formerly OISC) Level 1 regulated adviser

In Sonia's final episode, we cover the first substantive judgment concerning the use of “public order disqualification” powers in trafficking cases, an updated CPIN on Pakistan for LGBT+ people and the policy that's pushing people in conflict zones to make dangerous journeys to enrol their biometrics.Barry covers a really important judgment on children's settlement applications (a crucial read as things may change again later this year) and Sonia highlights the dangers of the use of AI by immigration lawyers. We finish up by discussing the (little) weight that rehabilitation carries in deportation appeals.Asylum and protection (01:17)Refugees at risk of street homelessness have until 16 January to extend their asylum accommodationHome Office U-turn over grants of leave to trafficking victims after legal challengeHigh Court finds the Home Secretary’s approach to making public order disqualification decisions is unlawfulConcerns raised about changes to Home Office’s country evidence on Pakistan for LGBT+ peopleThe Home Office’s unsafe journeys policy is dangerousChild settlement applications (13:53)Important Court of Appeal ruling on children’s settlement applicationsArtificial intelligence (21:00)Briefing: AI and immigration law – what guidance is there for lawyers?Windrush (25:03)Possibility of legal aid in some Windrush compensation cases opened up by Court of AppealVisit visas (26:36)Costs awarded by Court of Appeal in visit visa delay caseLegal Ombudsman (28:29)Partial success for immigration barrister in challenge to Legal Ombudsman decisionDeprivation of citizenship (29:04)Supreme Court addresses fairness concerns in deprivation appealsWork routes (31:45) The appeal of judicial discretion in civil penalty appeals: Court of Appeal grants permissionCare home refused permission in challenge to revocation of sponsor licence for underpaying staffDeportation (36:53)Court of Appeal dismisses deportation appeal despite evidence of rehabilitationUpdated (41:19)Briefing: the sorry state of the UK asylum systemBriefing: how to apply for a high potential individual visaMaking sense of sole responsibility for child visas in immigration law

That's officially a wrap on 2025 as Sonia and Barry run through December's various happenings, including the final statement of changes for the year and our latest resources on the earned settlement proposals. The Border Security, Asylum and Immigration Act is now in force and the latest tribunal statistics show that the Home Office's insistence on filling the appeals system with challenges to poor quality decisions remains a huge problem. Sonia talks about the resumption of processing of settlement protection applications from Syrian nationals. There were also lots of case updates as usual, including a particularly egregious one covered by Barry where the Home Office left a man street homeless in Turkey for months. We finished up with a reminder about the important of awareness about vicarious trauma, and an update on some changes at Free Movement along with a new vacancy. The 48 minute podcast follows the running order below:Statement of changes (01:45)Visit visa requirement imposed on Nauru because of “Citizenship by Investment” schemeEarned settlement (07:20)Briefing: the implications of the “earned settlement” proposals and what they might mean in practiceAsylum (08:23)Home Office recommences processing of Syrian settlement applicationsThe Border Security, Asylum and Immigration Act 2025 is in force – what has changed?Court of Appeal upholds right to appeal in asylum support cases where Home Office withdraws claimFirst-tier Tribunal appeal receipts up 123% in a year, amid continuing concerns about Home Office decision makingCitizenship (15:35)Home Office must consider whether to exercise discretion in Windrush casesStudents (19:15)Court declares University’s failure to rescind its withdrawal of sponsorship as unlawfulDetention (23:20)High Court finds safeguarding failures by Home Office at Brook House detention centreEmergency travel document delays lead to detention challengeDeportation (25:55)Home Secretary ordered to allow man to return to UK after telling airline not to fly him and cancelling his eVisaCourt orders grant of indefinite leave in case with historic convictionEU Settlement Scheme (34:22)Court of Appeal denies derivative rights of residence to the children in education of former self-employed EU citizensWork routes (36:40)High Court clarifies meaning of “non-genuine vacancy” in sponsor licence revocationFamily (38:00)Does ‘could’ mean a ‘mere possibility’? Court of Appeal looks at exceptional circumstances and financial requirements under Appendix FMWell-being (43:45)Vicarious trauma: what practitioners need to knowUpdated (45:55)Suitability refusals: owing a litigation debt to the Home OfficeWill I need Electronic Travel Authorisation to enter the UK?What is the immigration skills charge?What safe and legal routes are available for refugees to come to the United Kingdom?Blog news (46:25)New Editor at Free Movement

What a month. Sonia kicked off the podcast with a runthrough of the major policy proposals which came out in November, including the changes to refugee settlement periods and a look at the earned settlement proposals (though not in too much detail as she is doing a full webinar with Colin on the topic for Free Movement members on Wednesday 10 December at 11am). Barry had provided oral evidence to the House of Lords’ Justice and Home Affairs Committee inquiry into Settlement, Citizenship andIntegration the day before we recorded, so he gave us an update on that (as mentioned by Sonia, the call for written evidence is here and the deadline is 23 January 2026).Sonia also ran through some of the lowlights from the latestquarterly statistics and gave updates on the latest eVisa and section 3C leave challenges. Barry looked at a useful post on what MPs are able to help with in immigration matters, and added his expert insights to posts on unmarried partner applications as well as a recent reported case on overseas adoptions. There were also several case updates and much more!Policy (01:20)Home Secretary opens consultation on “earned settlement” Home Secretary announces major asylum and other changes in new policy paper: “Restoring Order and Control”Latest statistics: gaps in Home Office’s family data give cause for concern in light of earned settlement proposals  Procedure (16:15)What can MPs do to help their constituents in immigration and asylum cases? Section 3C leave challenge adjourned for further consideration of impact on childrenPermission granted for judicial review of the Home Office’s eVisa policy  Citizenship (18:55)Man who used false identity to obtain British citizenship loses appeal against deprivation Family (19:50)Adult siblings in Gaza case unable to establish family life under article 8Navigating the unmarried partner route under Appendix FM When is an overseas adoption recognised for UK immigration purposes?  Deportation (30:10)Revocation of deportation order case fails in the Court of Appeal  Withdrawn certification decision does not reinstate leave in deportation cases   Work routes (31:50)Skilled worker visa correctly refused because applicant was on immigration bail  Immigration Advice Authority (32:30)Who is exempt from Immigration Advice Authority registration and exams?  Visiting (33:30)Do I need a visa if I’m transiting through a UK airport to another flight?Visit visa application wrongly refused four times by Home Office  EU Settlement Scheme (40:00)Upper Tribunal stops Home Office resiling on a concession that the EUSS derivative rights rules were met Four in five EU Settlement Scheme administrative reviews waiting more than two years for a decision  Updated (41:40)Suitability refusals: owing a debt to the NHS

Our October round up is here! Barry does the honours thistime around with the statement of changes and Sonia foreshadows some bad news potentially coming next week. Barry shares an AI horror story that is really one for the ages (so far) after Sonia’s segment on the latest lawyers to fallfoul of AI hallucinated case citations. We also cover a new briefing on biometric excuses and predeterminations, sponsor licence enforcement, the rules around supplementary (not secondary) employment and new legislation in force on deprivation cases.There are also loads of new cases, from a grandmotherbattling a 23 year old deportation order so that she can join her family in the UK, to some dodgy interviewing practices by the Home Office, unrepresented appellants and decisions on the papers, and Sonia and Barry do their usual scratchingof heads over the Home Office’s decision to fight a fairly obvious case about an email all the way to the Court of Appeal.The 37 minute podcast follows the running order below:Statement of changes (02:00)Date set for commencement of new student, graduate and work immigration rules New suitability rules will apply to Appendix FM and other human rights applicationsVisa requirement imposed on Botswana nationals to prevent asylum claims  Procedure (15:20)Two more immigration lawyers facing potential disciplinary proceedings for misuse of AI How to apply to come to the UK when you can’t travel safely to enrol your biometrics Immigration enforcement interview at train station ruled procedurally unfair Some appeals should still be listed for a hearing even where an unrepresented appellant has not asked for one Court of Appeal finds it arguable that student did not receive Home Office email cancelling his leave  Work routes (27:18)When is supplementary employment permitted and what are the rules? Surge in sponsor licence enforcement: what immigration practitioners need to know   Detention (30:50)High Court clarifies the limits of electronic monitoring immigration bail powers  Human rights (31:45)Grandmother to remain separated from her family after Home Secretary success in deportation case  Successful challenge to certification of human rights claim for gay man  Nationality (34:20)What does the new law on deprivation of British citizenship do? Upper Tribunal gives guidance on children’s best interests in deprivation appeals Updated (35:30)Briefing: what is the Common Travel Area and how does it work? Briefing: “Hamid” disciplinary hearings for immigration lawyers What is the Independent Chief Inspector of Borders and Immigration? Briefing: what is the ‘right of abode’ in UK immigration and nationality law? Age assessments: what happens when a child arrives in the UK?How to apply for a UK expansion worker visa

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

Your February roundup is here as promised. Colin and Sonia discuss Shamima Begum's latest appeal, the pause on some asylum cases, a run of decisions involving poor conduct on the part of either the Tribunals or the Home Office, as well as corporate transactions, the sudden closure of the Ukraine Family scheme and much more. The 35 minute podcast follows the running order below. Asylum (00:25) Number of asylum refusals and homeless refugees skyrocket in latest statistics How the Nationality and Borders Act has criminalised those seeking safety in the UK Briefing: Can criminals be denied refugee status? Home Secretary confirms “pause” on processing asylum claims Trafficking (07:45) Deportation order exclusion in discretionary leave policy for victims of modern slavery found unlawful Risk of re-trafficking must be assessed before disqualification on public order grounds Procedure (10:55) Court of Appeal allows Iranian asylum appeal against “difficult to understand” First-tier Tribunal decision Court of Appeal demolishes First-tier Tribunal in deportation appeal but upholds decision Rewarding failure: Home Secretary permitted to withdraw decision under appeal following failure to admit excluded evidence Home Secretary’s “shockingly poor” handling of case did not amount to contempt of court Judicial review no longer the appropriate remedy to challenge age assessments in Scotland Points based system (19:45) Migration Advisory Committee recommends 21 occupations for the new immigration salary list following rapid review Briefing: the immigration implications of a corporate transaction British citizenship (21:45) Court of Appeal rejects Shamima Begum’s appeal against the deprivation of her British citizenship Family immigration (26:05) Statement of changes HC 556: Home Office shuts Ukraine Family Scheme without notice (and details of the webinar mentioned are here: https://freemovement.org.uk/product/webinar-immigration-options-for-ukrainian-nationals-and-their-family-members/) How to apply for entry clearance for victims of transnational marriage abandonment Changes to the Destitute Domestic Violence Concession General (31:05) What you need to know before buying a property in the United Kingdom What are the UK’s inheritance tax rules? Updated (32:20) Applying for British citizenship by naturalisation How to apply for leave to remain as a victim of domestic violence What is the Immigration Health Surcharge and how much does it cost?

Colin and Sonia have rounded up January 2024. We cover the government's claims to have cleared the 'legacy' asylum backlog and look at the three backlogs that have replaced it. We also discuss the latest in an increasingly long list of cases in which the Home Office has behaved poorly. We also cover everything else from gender based asylum claims, to new rules for business visitors and care homes both losing and keeping their sponsor licences, as well as an interesting case on detention and the Illegal Migration Act. We conclude with an invite to former Independent Chief Inspector of Borders and Immigration and (hopefully not also former!) Free Movement podcast listener David Neal to join us on a future episode. Asylum (00:26) Reduction in asylum backlog achieved mainly through withdrawals and questionnaires The inadmissibility process and the three new asylum backlogs High Court reminder in age assessment challenge of the importance of providing papers on time Briefing: evidence and arguments in asylum claims based on gender-based violence CJEU: Women who are victims of gender-based violence can qualify for refugee status The Home Secretary’s unlawful secret policy to withhold leave to remain from victims of modern slavery Concessions for applicants to the Hong Kong BN(O) route who are on immigration bail or have withdrawn their asylum claim   Points based system (11:48) High Court quashes Home Office decision to revoke another care home’s sponsor licence Care home operator loses ability to sponsor overseas workers after compliance failures More flexibility for business visitors from today Dates confirmed for changes to income thresholds for family and skilled worker visas Tax residence in the UK: when do people become liable for income and capital gains tax? Appendix Children: which routes does it apply to and what are the requirements?   Detention (18:18) High Court grants bail to person detained under new Illegal Migration Act powers High Court quashes Home Office policy of delaying release of vulnerable detainees to get a second medical opinion   Family immigration (23:00) How to avoid the minimum income requirement for partners under Appendix FM Webinar: Exceptional circumstances in family-based immigration applications   EU Settlement Scheme (25:38) Changes to treatment of some late applications to the EU Settlement Scheme in new guidance   Updated (27:45) Briefing: The duty to safeguard children in need and their families at section 17 of the Children Act 1989 What are the immigration rules for settled returning residents of the United Kingdom?

In our December 2023 round up, Colin and Sonia discuss the latest developments with Home Office evictions and withdrawals, as well as the new Rwanda legislation. We also cover the government's five point plan to reduce net migration as well as the latest case law and Tribunal statistics. Asylum (01:00) What is in the Safety of Rwanda (Asylum and Immigration) Bill? “These guarantees already existed”: the UK’s new treaty with Rwanda Home Secretary must set out plan to eliminate use of hotels for lone refugee children Refugees can now claim Universal Credit without a biometric residence permit Asylum withdrawals guidance amended to halve time given to explain non-attendance at interview   Family immigration (19:03) Objective evidence must be considered when deciding “very significant obstacles” to integration In-country settlement applications for children and the different sole responsibility requirements What happens when relationships breakdown on the Hong Kong British National (Overseas) route?   General immigration (22:34) Statement of changes HC 246: rules finally amended to provide for victims of transnational marriage abandonment Supreme Court dismisses appeals in validity and continuous residence case Government attack on families as minimum income requirement to rise to £38,700 What should UK employers make of the government’s five-point plan to reduce immigration?   EU settlement scheme (31:45) Article 8 not automatically engaged by a refusal under the EU settlement scheme Home Office unaware of the extent to which ‘mystery’ stamp has been used to grant entry to UK in error   Citizenship (34:55) Deprivation of British citizenship without advance notice is lawful, says Upper Tribunal   Procedure (36:55) Court of Session agrees restricting judicial reviews of the Upper Tribunal is lawful Outstanding immigration tribunal appeals up 20% to 31,000 Court of Appeal: raising an entirely new issue in a determination for the first time is unfair   Detention (40:32) Home Office criticised by High Court for “five very concerning features” of detention case Are safeguards from the harm caused by immigration detention working?   Updated articles (43:16) What is the no recourse to public funds condition?   Free Movement (44:00) New OISC Level 2 training course in immigration and asylum law now available to members

Our November roundup is here, where Colin and I cover the latest asylum and trafficking statistics, changes to the way late applications to the EUSS are treated, questions the SRA still hasn't answered, a couple of articles on Palestinians as well as quite a lot of case law. Policy (00:45) Assessing Braverman’s legacy as Home Secretary: Part Deux   Asylum (02:10) Latest statistics show huge increase in rejections of late EU settlement scheme applications, no evidence that Rwanda has impacted Channel crossings Briefing: four looming problems in the UK asylum system and how to address them Permission granted in challenge to rejection of Albanian asylum claim Returning a refugee to persecution must be a last resort India and Georgia to be added to the list of ‘safe’ countries Gaza: what is the UK doing to rescue British citizens and their family members? Damages claim for asylum delay dismissed by Court of Appeal Upper Tribunal failed to properly assess whether error of law was material in asylum appeal   Immigration (16:10) Court of Appeal tells Home Office to reconsider “plainly wrong” decision on Turkish business person application Deception case returned to the Upper Tribunal after material error of law made Making sense of sole responsibility for child visas in immigration law   Deportation (19:10) Court of Appeal says deportation of mother of British child not “unduly harsh”   Nationality (20:45) Court of Appeal dismisses appeal on interpretation of nationality law   Trafficking (21:55) Latest trafficking figures show benefit of change in Home Office policy The UK must improve labour market enforcement in order to tackle exploitation of workers Increasing numbers of sponsored migrant workers are being exploited in the UK   EU Settlement Scheme (26:05) Important changes to the way late EUSS applications are treated Court of Appeal dismisses government appeal on access to benefits for people with pre settled status   Procedure (28:38) How to become an OISC level 2 adviser Government should not routinely remove names of civil servants in judicial review disclosure Guidance in Begum on deprivation decisions is not restricted to national security cases Solicitors Regulation Authority has questions to answer about their “warning” to immigration solicitors Late evidence from the Home Office can be admitted in an appeal where the appellant was aware of it   Updated article (34:30) Briefing: Article 1D of the Refugee Convention and Palestinian refugees

Our October immigration round up is here and we have also included discussion of the Supreme Court's decision in the Rwanda litigation. As well as that, Colin and Sonia covered everything from fishing to legal aid shortages via eSports, medico-legal reports, public funds and the shortage occupation list. We're still not entirely sure that either of us are pronouncing "refoulement" properly. Timestamps are below, the link to the quiz will be included when we post about this episode on Free Movement. Rwanda (00:58) Supreme Court finds Rwanda is not a safe country to which refugees can be removed Reflections on the Supreme Court's Rwanda judgment Blog news (10:15) Free Movement 2023 reader survey results   Asylum (12:55) High Court success in challenge to move of highly vulnerable asylum seeker away from his support network  Over half the people seeking asylum are now unable to access a legal aid lawyer  Safe Passage report: the case for safe routes  What is a medico-legal report?  Medico-legal reports: how to instruct and common mistakes to avoid   New asylum processes set up on disputed territory of Diego Garcia Court of Appeal gives guidance on sentencing for small boats prosecutions Fairness in safe third country removals: the Court of Appeal’s judgment in Asylum Aid’s case   Policy (25:35) Migration Advisory Committee recommends shortage occupation list is abolished     Immigration (28:54) The effect of the Nationality and Borders Act 2022 on the fishing industry Home Office concedes latest challenge to no recourse to public funds policy Do foreign gamers need a visa to play competitive eSports in the UK?   TLScontact in unsuccessful challenge to new Home Office contract     Nationality (37:32) Court of Appeal upholds deprivation of citizenship decision    Updated articles (38:55) What are the 10 and 20 year rules on long residence?  Briefing: what is the law on deporting foreign criminals and their human rights? 

This week, The Bureau of Investigative Journalism published an article on the exploitation of people in the seasonal agricultural workers scheme. It is a must read, and you can find it here: https://www.thebureauinvestigates.com/stories/2023-10-22/all-that-is-missing-is-a-whip-home-office-ignored-migrant-worker-abuses-on-farms In this podcast, Jamila Duncan-Bosu of the Anti-Trafficking and Labour Exploitation Unit discusses how the scheme facilitates exploitation, the barriers to people raising complaints about their treatment, and what the government can and should be doing about it.

Our September roundup is here, featuring the latest statement of changes and new parts of the Illegal Migration Act 2023 being brought into force. We also discuss the Brook House inquiry, the Rwanda litigation, new immigration fees and illegal working fines and have an impromptu book club. Timestamps are below, the link to the quiz will be included when we post about this episode on Free Movement. Policy (00:40) Home Office accounts show additional £3 billion unbudgeted asylum expenditure Will the Illegal Migration Act stop the Home Office raid on international aid funds? Theresa May even now doesn’t understand why the Windrush scandal happened India Free Trade Agreement: negotiators should prioritise time and cost ahead of more visas   Asylum (07:50) The Rwanda litigation: who is arguing what in the Supreme Court? LGBT+ people face persecution and are no less deserving of protection Age assessments: how to challenge a negative decision Home Office to start non-therapeutic scientific testing on children First-tier Tribunal finds that UN Agency is unable to provide protection and assistance to a severely disabled Palestinian child Safe routes for refugees: how does it work in Spain? Court of Appeal quashes conviction of person trafficked in the UK as a child   Detention (21:00) Illegal Migration Act 2023: expanded detention powers to be brought into force Brook House: racist, violent and dangerous   Immigration (27:50) Statement of changes HC 1780: restrictions on administrative review and expansion of Youth Mobility Scheme Home Office redacts over a hundred sections of new report on insider threat to Border Force New immigration application fees from 4 October 2023 New illegal working fines will not stop Channel crossings but will bankrupt small businesses   Updated articles (35:00) How to apply for a UK spouse or partner visa Refugee family reunion: a user’s guide General grounds for refusal: criminal convictions, public good, character, conduct and associations Immigration rules for visitors to the United Kingdom What is the difference between refugee status and humanitarian protection? What is the no recourse to public funds condition?

Here is our August roundup, and the first podcast with Sonia both leading and at the editing helm (eek!). This month we cover statistics, illegal working fines, asylum support, homeless refugees, adult dependent relatives and some EUSS updates. Following feedback from our reader survey, we have included timestamps below. We will also link directly to the quiz when we post on Free Movement about the podcast. Policy (01:00) Journalists perform a public service in exposing dodgy lawyers. But… Twitter, Musk’s X, Threads, social media and Free Movement Look closer: our summary of the latest Home Office statistics Tripling maximum illegal working fines for employers to £45k per worker is a terrible idea   Asylum (10:14) Home Office change in practice increases risk of homelessness for recognised refugees More delays, more refusals, no ‘bad faith’: the latest trafficking statistics What next for evacuated Sudanese nationals? Is the Home Office unlawfully treating asylum claims as withdrawn? High Court demands radical change to Home Office asylum support ‘Systematic and routine’ use of hotels for unaccompanied asylum-seeking children is unlawful   Family (26:00) Getting an adult dependent relative visa is hard but not impossible   EU (28:29) Who qualifies as a “durable partner” under the EU Settlement Scheme? Post-Brexit spouses aren’t protected by the Withdrawal Agreement, Court of Appeal confirms   Work routes (30:00) What is the immigration skills charge? How to apply for a religious work visa   Immigration (31:30) No Windrush compensation for man whose ILR lapsed while imprisoned abroad How do I become an OISC adviser? Updated articles (35:50) General grounds for refusal: alleged deception, false information and innocent mistakes How to apply for a UK Expansion Worker visa What are the financial requirements for UK spouse and partner visas? How to make a complaint to the Home Office

We are a bit behind the times this month, catching up from the summer. This time Sonia and I cover not one but two statements of changes, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a load of cases, including one from the Supreme Court on Palestinian refugees. Statement of changes Statement of changes HC 1715: visa regime imposed on Dominica, Honduras, Namibia, Timor-Leste and Vanuatu Statement of changes HC 1496: asylum, EU Settlement Scheme, and restrictions on students Asylum The Illegal Migration Act 2023: what has changed? Briefing: why and how is the Home Office treating more asylum claims as “withdrawn”? What safe and legal routes are available for refugees to come to the United Kingdom? OISC OISC amends judicial review practice note to prevent advisers conducting litigation EU New law confirms British citizenship for children of EU citizens born in UK before 2 October 2000 How does absence from the UK work under the EU settlement scheme? A glitch or a feature? Systemic problems with digital proof of immigration status Immigration Massive increases to immigration fees announced Briefing: the rules on returning residents with indefinite leave to remain (ILR) Points Based System How to apply for a Global Business Mobility: Secondment Worker visa Cases Supreme Court finds exclusion of Palestinians from resettlement scheme not unlawful Asylum seekers don’t need ‘direct evidence’ they’re being covertly monitored ‘Minded to cancel’ process applies to dishonesty allegations at the UK border Airport detainee wrongly denied a solicitor in immigration interview Upper Tribunal reminds parties to identify the issues in an appeal Tribunal must consider Home Office decisions in full even when not explicitly relied on by representative High Court rejects challenge to EU Settlement Scheme dependency rules for children Upper Tribunal rules post-Brexit Zambrano appeals can continue Home Office withdraws objective evidence test for trafficking decisions

This month Sonia and I discuss the Rwanda judgment (we're saving that to the end as our good news story), a couple of fairly lengthy immigration and asylum history blog posts I've been working on for  a while, several asylum developments and also our Refugee Week content, some procedural updates, a bunch (carousel?) of cases and a few other things too. There's quite a lot to go over, so we're just highlighting some of it rather than going into much depth. The podcast follows the running order below. A short guide to the legal position and history of the Windrush generation A short history of refugees coming to Britain: from Huguenots to Ukrainians Last traces of Nationality and Borders Act 2022 erased with abandonment of “differentiated status” for refugees Data shows Ukrainians in the UK continue to face homelessness crisis Is Rishi Sunak’s “Stop The Boats” plan really working? Rwanda impact assessment looks hopelessly optimistic United Nations Refugee Agency identifies problems in asylum screening processes Briefing: the state of the UK asylum system    What is the legal definition of a “refugee”? Should refugees claim asylum in the first safe country they reach? Preparing foreign language witness statements So-called mandatory grounds for refusal will not always be mandatory Briefing: the Seasonal Worker visa Reaction economy: the Home Office’s use of social media Will I need Electronic Travel Authorisation to enter the UK? Briefing: what is the Common Travel Area and how does it work? New country guidance on Democratic Republic of the Congo Scottish inquiry finds immigration detention centre death was avoidable Supreme Court finds golden visa scheme unlawful Trafficking victims wrongly denied financial support in lockdown Court declines to take legal guardianship of refugee children missing from hotels Court of Appeal finds Rwanda plan unlawful as Rwanda is not a safe third country

This month Sonia and I start with the Big Free Movement News (spoiler: Sonia is joining the team as the new Editor) and then cover a bunch of visa news and updates, a load of case law and several policy developments. If you are a lawyer and would like to prove to your regulator you are keeping yourself up to date, make sure you remember to take our monthly course and quiz.

This month we talk more about the Illegal Migration Bill and its potential consequences, the right way to go about tackling the asylum backlog, Colin's suggestion of a new British Citizenship Act, the resumption of hostile environment bank account closures, we run through a load of cases and end by talking about some business immigration issues.  If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on Anchor, iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. The podcast follows the running order below. How does the Illegal Migration Bill breach the Refugee Convention? Illegal Migration Bill: helping force refugees into illegality and danger Could ‘safe and legal routes’ stop the boats? If the Illegal Migration Bill is unworkable, what can the government do instead? Amendments to the Illegal Migration Bill attack basic legal rights and processes Two ways to address the asylum backlog and improve access to justice It is time for a new British Citizenship Act for the post-Brexit era Home Office resume bank account closures High Court rejects challenge by Afghan families to hotel move High Court dismisses challenge to family reunion rules for refugee children Judicial Review and Courts Act 2022 ouster clause found effective Court of Appeal re-affirms restrictive parameters of domestic violence provisions in immigration rules Exceptional circumstances in a spouse or partner visa application under Appendix FM How to apply for a Senior or Specialist Worker visa Reporting hybrid working patterns: new sponsor obligations Visit visa operations are “refreshingly well run”

For this month's roundup podcast, Sonia and I manage to rattle through a huge volume of updates in a mere 36 minutes. We cover a load of cases, some important asylum policy updates and then several developments in immigration law as well. We're sorry it is a little later than usual; the Easter holidays intervened. And I am sorry if you can hear scaffolders poles bouncing off the pavement outside the block of flats opposite my house... If you are a lawyer and would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. The 30-minute podcast follows the running order below. Permission granted on additional grounds in the Rwanda case in the Court of Appeal Court of Appeal emphasises absence of corroboration is not fatal in asylum cases Court of Appeal dismisses appeal against criminalising small boat arrivals Legal challenges against GPS tagging for people on immigration bail High Court considers how the loss of work may engage article 8 No recourse to public funds policy found unlawful (again) “High hurdle” for hotel accommodation challenges? Refusals of naturalisation on good character grounds can only be challenged by irrationality Amended data protection exemption for migrants declared unlawful UK spends one third of international aid budget on domestic asylum costs Are the new asylum questionnaires fit for purpose? Assisting with the new asylum questionnaires: OISC Level 1 caseworkers and volunteers Home Office publishes guidance on streamlined asylum processing for children Home Office’s approach to family reunion applications condemned by immigration inspector Borders Inspector “frustrated” by lack of action from Home Office New statement of changes to the Immigration Rules HC1160 Spring budget migration announcements New ‘Appendix Adult Dependent Relative’ to the immigration rules  All families matter: An inquiry into family migration  Government Authorised Exchange: one visa, 40 options 

Colin Yeo and Sonia Lenegan discuss the Illegal Migration Bill. They talk through what is in it, what will it do, how is it intended to work, whether it is compatible with international law and what effects it might have in reality.

This month Sonia and I talk a bit about denaturalisation generally and the case of Shamima Begum specifically, we cover the new streamlined asylum process and a few other asylum-related blog posts and then we run through a few cases. We manage to keep things a bit shorter than normal, but watch out for our coverage of the Illegal Migration Bill, which will be available separately. The 30-minute podcast follows the running order below. Denaturalisation Security tribunal finds Shamima Begum was trafficked but she loses anyway Book review: Stephanie DeGooyer’s Before Borders: A legal and literary history of naturalization Bad cases make bad law: the unintended consequences of denaturalising bad guys Deception and denaturalisation: seek and you shall find Asylum Latest asylum stats show the Home Office failing on all fronts New streamlined asylum process Does 10 year ‘temporary refugee protection’ status breach of the Refugee Convention? New policy: temporary permission to stay for victims of human trafficking Trafficking victims should get leave during their asylum claim Cases Immigration officers don’t have to corroborate your story No damages for unlawful no recourse to public funds policy Differential treatment of Ukrainian and Afghan applications justified on national security grounds Not all procedural errors need to be remitted says Upper Tribunal More bad news from the Upper Tribunal for extended family members of EU citizens

This month Sonia and I talk through various government policies all about being horrible to migrants. It's a seemingly inexhaustible vein. Indeed, there aren't many (any?) government immigration policies NOT about being horrible to migrants. We then move on to discuss a few different nationality law issues, including the mind-boggling case of Roehrig, which appears to have effectively denaturalised tens of thousands of British citizens at a stroke. Finally, we turn to some important but rather technical updates for the lawyers amongst you. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. Government policy The misguided allure of deterrence policy Adults at risk in immigration detention annual report scrapped after highlighting inadequacies (mention) High Court orders Home Secretary to immediately increase asylum support rates (mention) Is it time for the UK to change its stance on asylum seekers working? (mention) Operation Warm Welcome cools: over 9,000 Afghans still in temporary accommodation (mention - and update with new news on this) Legal aid for asylum seekers is broken Will in-country visa delays have long-term consequences for economic migration? (mention) A modest proposal for reforming the immigration system: shorten key immigration routes Nationality Revised guidance on section 4L British Nationality Act 1981: the Romein principle The reasonably foreseeable consequences of depriving someone of British citizenship High Court casts doubt on British citizenship of children of EU citizens For lawyers... “Upgrading” a visa application you have already made Permission needs to be properly sought for video link evidence from abroad Case disposed of in error after Secretary of State fails to comply with court directions Is Chikwamba still relevant? Durable partner rules dumbfound the Upper Tribunal Identifying litigation friends for vulnerable migrants

Colin and Sonia take a look back at 2022 and ahead to 2023 as well as covering the immigration updates from December 2022. Looking back, they talk about small boat crossings, the Ukraine and Hong Kong schemes, the impact (or lack of) the Nationality and Borders Act 2022, the Rwanda judgment, the asylum backlog and the net migration figures. Looking to the future they cover Rishi Sunak's asylum plan, whether the Home Office can cope, the prospect of yet more legislation and the ideas for immigration restrictions on families, students and workers floated via The Times over the Christmas break. Finally, they cover several litigation developments for lawyers from December 2022 and end by discussing to big cases for EU citizens with pre settled status. Phew.  Looking back and ahead Free Movement review of the year 2022 Rishi Sunak announces new new plan for asylum Has Sunak’s bank account closure plan killed off the Windrush Lessons Learned Review? High court rules Rwanda plan is lawful When will there be another Rwanda removal flight? Litigation What is the duty of candour? Social media and the duty of candour in age assessment proceedings False imprisonment claimant punished for failing to negotiate Tribunal quarterly statistics: 54 week waiting time for asylum appeals and 26,000 cases outstanding Five million pound investment to increase the number of days tribunals operate EU citizens Win for Pre-Settled Status holders accessing benefits High Court finds EU Settlement Scheme breaches the Withdrawal Agreement

This month, Colin and Sonia mainly talk about an avalanche of asylum related news, law and updates. It's not all asylum, though, there's also some blog posts to go over on Comprehensive Sickness Insurance, third party support in spouse applications, marriages in durable partner cases, the opening of the citizenship route for Chagossian descendants and a Solicitor Regulation Authority report on immigration lawyers. They end by discussing a couple of opinion pieces Colin published, on whether the Home Office should be abolished and whether strategic litigation does more harm than good.  The blog posts covered include: What are ‘short term holding facilities’ like the Manston refugee camp? Briefing: What is Article 1D of the Refugee Convention? How does the asylum ‘white list’ work and what does the government plan to change? Asylum backlog hits 150,000 and net migration hits 500,000 Understanding the Home Office’s problem with asylum decisions Appendix Settlement Protection: indefinite leave to remain for people granted refugee status or humanitarian protection Reducing distress when working with children in the asylum process Record high referrals for potential victims of modern slavery The refugee reception crisis in the UK mirrors the situation on the continent Failed asylum seeker’s false identity conviction quashed Home Office breaches the duty of candour in mobile phone seizures case Home Office guidance update: the NHS and comprehensive sickness insurance for EEA nationals Developments in third party financial support for spouse or partner visa applications Post-Brexit marriages in durable partner appeals New route to British citizenship for people of Chagossian descent Solicitors Regulation Authority publishes new guidance for immigration work: supervision, quality, and complaints Should the Home Office be abolished? Strategic litigation: more harm than good?

Welcome to the October 2022 episode of the Free Movement immigration update podcast. This month, Colin and Sonia talk politics, asylum, the statement of changes to the immigration rules and case law. The episode is a bit longer than usual as there was a lot going on! Politics  Braverman attacks modern slavery victims and student families   Assessing Braverman’s legacy as Home Secretary  How much influence does the media have over the hostile environment?  Home Office hotels not fit to house unaccompanied child asylum seekers  Indefinite leave to remain applications under Appendix FM: slow, expensive and inaccessible  Asylum  Why has the asylum success rate gone up so much in recent years?  Are people crossing the Channel in small boats doing anything illegal?  Putting small boat crossings in perspective  Ukrainians in the UK face a homelessness crisis and the government needs to act now  What’s happening in the Rwanda legal challenges?  Statement of Changes  New statement of changes to the Immigration Rules: HC 719 (Afghanistan, Ukraine, and victims of trafficking)  Statement of Changes HC 719: Ukraine Extension Scheme  Statement of Changes HC 719: Appendix EU and Appendix EU (Family Permit)  Statement of Changes HC 719: Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery  Case law  Introducing proportionality assessments into marriage of convenience cases  Lack of route for victims of transnational marriage abandonment is unlawful, High Court finds  Home Office to review policy on timing of applications after single father’s right to work limbo  Applicants from Afghanistan may not need to enrol biometrics at the time of an application  Court of Appeal quash trafficking victim’s 2009 conviction 

Welcome to the September 2022 episode of the Free Movement immigration update podcast. This month Colin is joined again by “immigration lawyer about town”, as she put it, Sonia Lenegan. She is in danger of becoming a co-presenter if she carries on like this... Amongst other things, they discuss Albanian asylum claims, age assessment, military conscription and asylum, Windrush and an important update to the guidance on good character in British citizenship applications. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. The 30-minute podcast follows the running order below. Asylum and human rights Grand Chamber finds France breached the European Convention of Human Rights Why are so many Albanian asylum claims succeeding if the country is so “safe and prosperous”? Government lawyers confirm that the Albanian “fast track” removal scheme will not apply to asylum seekers New critique of Home Office country information on Albanian blood feuds Major European judgment on age assessment process Would Russian men fleeing conscription qualify as refugees? Amendments to the Windrush Compensation Other important stuff Dependency under EU law: education as an essential living need Guidance update: good character in nationality applications Economic migration How to apply for a Temporary Work – Creative Worker visa Employers take note: all change for right to work checks from 1 October 2022

Colin and Sonia have a short chat about what's going on with immigration and asylum policy right now. With Truss and No 10 saying one thing and Braverman and the Home Office saying something very different, what should we make of it all? Are we going to have more students or less? Encourage skilled workers or reduce net migration? Cut unskilled migration or expand the Seasonal Agricultural Workers Scheme? We thought we'd separate out a general discussion about politics and policy this month from the normal update, to try and keep the podcast short and snappy. We'll be back early next week with the normal update covering substantive legal developments from September 2022.

Welcome to episode 104 of the Free Movement immigration update podcast. This month Colin is joined by "immigration lawyer about town", as she puts it, Sonia Lenegan. Taking pity on Colin after his solo effort last month, Sonia is the legal and policy director at Rainbow Migration, a consultant solicitor at Saltworks and a volunteer at Asylos and the Unity Project. She previously worked at Hackney Law Centre and as the legal director at the Immigration Law Practitioners Association. Our discussion is a bit more free ranging than for past update episodes and we run to just over 40 minutes. We discuss the change of Home Secretary, the direction of government immigration policy, some changes in policy and new visas and go through the latest case law. Let us know in comments or by email what you think of the slightly different approach. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on Anchor, iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement podcasts click here.

Welcome to episode 103 of the Free Movement immigration update podcast. This month — the first in something like five years with no CJ McKinney — I’m starting with some material on asylum and trafficking then quickly going over a bit of immigration and nationality history and why it matters today, before moving onto various bits of Home Office news and then ending with a couple off items on deportation and foreign national offenders. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement podcasts click here.