20 episodes

Regular review of updates in immigration law and in depth analysis of particular immigration legal issues hosted by Colin Yeo of Garden Court Chambers and the Free Movement immigration law blog.

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    • 4.6 • 15 Ratings

Regular review of updates in immigration law and in depth analysis of particular immigration legal issues hosted by Colin Yeo of Garden Court Chambers and the Free Movement immigration law blog.

    Podcast: the new-look grounds for refusal

    Podcast: the new-look grounds for refusal

    Part 9 of the Immigration Rules consists of a long list of reasons why someone can be refused permission to enter or stay in the UK. These are known as the “general grounds for refusal”. Part 9 was recently overhauled, with the Home Office simultaneously making cosmetic and substantive changes to the general grounds.

    On the cosmetic side, the existing rules have been rewritten and restructured. (The word “general’ no longer appears in the title to Part 9, for one thing, so my terminology is already out of date.) Gone are the familiar reference points for lawyers: paragraph 320, paragraph 322(5) and all the rest of it. But more to the point, and hard to spot amid the general reorganisation, the substance of many of the rules has also been changed — in many cases to make it easier to dish out a refusal.

    That’s the subject of this episode of the podcast. I spoke to Alex Piletska from Turpin Miller, who has been painstakingly working through all the changes to bring our OISC training materials on the subject up to date. Her general assessment is that the Home Office has made things stricter overall. But there are some silver linings buried in there which seem to make some individual grounds for refusal more lenient — so it’s not all bad news, for a change.

    • 23 min
    Immigration update podcast, episode 85

    Immigration update podcast, episode 85

    Welcome to episode 85 of the Free Movement immigration update podcast (not in fact episode 84 as we incorrectly say in the intro). We again start with developments in asylum law before going to business immigration and the Hong Kong BNO visa which is now open for applications. There is also an interesting tribunal decision on long residence to go over and we end with a quick discussion of the hostile environment, giving me a chance to subtly plug my new academic article on the subject.







    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 now 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 via iTunes here, Stitcher here or point 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 immigration update podcasts click here.







    The downloadable 27-minute podcast follows the running order below. Timestamps indicate when a particular section begins.







    Asylum







    Important Court of Appeal judgment on expert evidence and “credibility”







    New UK approach to refugees and safe third countries







    Home Office can make exceptions to rules stopping asylum seekers working







    Points Based System (9.56)







    New statement of changes to the Immigration Rules: CP 361







    Procedural unfairness arguments unlikely to help in Points Based System refusals







    In the tribunal (14.10)







    Tribunal defines “historic injustice”







    When can an immigration decision involving human rights be appealed?







    BNO visa (18.42)







    BNO visa app launches in February 2021

    • 27 min
    Podcast: visa options for musicians touring the UK

    Podcast: visa options for musicians touring the UK

    In 2019, Roger Daltrey of The Who swore at a reporter who asked him about Brexit. “What’s it got to do with the rock business?”, the veteran singer scoffed. “As if we didn’t tour in Europe before the ******* EU”.

    The end of free movement for workers has a fair bit to do with the ******* EU. British artists are upset that the Brexit trade deal contained no meaningful replacement, leaving them to comb through European work permit laws country-by-country to work out where a visa is required. An open letter protesting to the government has been signed by over 100 stars, including Ed Sheeran, Elton John — and Roger Daltrey.

    The visa problem cuts both ways: it’s also harder for European musicians to play on this side of the pond, and since UK immigration law is what we know, in this podcast we look at the situation that way round. Solicitor Gemma Tracey of Latitude Law walks us through the various options for EU musicians coming to the UK post-Brexit, which are as follows (with links to the relevant Immigration Rules):



    * Permitted creative activities on a standard visitor visa

    * Permit free festivals on a standard visitor visa

    * A permitted paid engagement visitor visa

    * A T5 temporary creative worker visa



    You can read Gemma’s summary on the Latitude Law website. At the end of the episode I also give a quick plug to a Free Movement article by George Peretz QC, which goes into more detail on the situation for British acts heading to Europe.

    • 19 min
    Immigration update podcast, episode 84

    Immigration update podcast, episode 84

    Welcome to episode 84 of the Free Movement immigration update podcast. We’re going over what happened in December 2020, which feels a bit like it was asylum month: we’ve got some very important changes to the Immigration Rules on claiming asylum and safe third countries; an interesting case on military service and refugee status; a big case on asylum accommodation delays; a report on the UK statelessness procedure; not one but two cases on the treatment of trafficking victims; and a slightly odd Scottish case on how country guidance cases work. We’ve also going to cover the right to benefits for EU citizens with pre-settled status, deportation and the latest Home Office plan for dealing with all this case law: stop it happening in the first place by ratcheting tight access to the Court of Appeal. CJ is also going to give a mention to a couple of blog posts on the Skilled Worker visa and the minimum income rule at the very end. Phew.

    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 now 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 via iTunes here, Stitcher here or point 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 immigration update podcasts click here.

    The downloadable 29-minute podcast follows the running order below. Timestamps indicate when a particular section begins.

    Asylum

    New statement of changes to the Immigration Rules: HC 1043

    High Court finally calls time on asylum accommodation delays

    Major Upper Tribunal judgment on draft evaders and Ukraine

    Country guidance changes affect pending decisions if not already sent out to the parties

    Expert report finds room for improvement in UK’s statelessness system

    Trafficking (10.42)

    Asylum right to work policy unlawfully overlooks trafficking victims

    Home Office policy on leave to remain for potential trafficking victims found unlawful

    EU citizens (16.37)

    a href="https://www.freemovement.org.

    • 29 min
    Immigration update podcast, episode 83

    Immigration update podcast, episode 83

    Welcome to episode 83 of the Free Movement immigration update podcast. It’s a case law heavy episode, with lots of judgments from the immigration tribunal, Court of Appeal and even the European Court of Human Rights to chew on. We also talk about a potentially important new policy on deporting people who arrived in the UK as young children, legal preparations for Brexit and of course the new Immigration Act. For discussion of recent changes to economic migration routes under the Points Based Immigration System, see the previous episode or our brand new training course.







    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 now 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 via iTunes here, Stitcher here or point 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 immigration update podcasts click here.







    The downloadable 31-minute podcast follows the running order below. Timestamps indicate when a particular section begins.







    Brexit







    The Immigration Act 2020







    New regulations to wipe free movement from the statute book







    Appeals (6.06)







    Pandemic rules for immigration appeals declared unlawful







    Human rights (9.04)







    UK breached European convention in deporting man without proper human rights assessment







    Deporting gay asylum seeker a violation of Article 3, human rights court finds







    Deportation and detention (15.00)







    New unofficial policy on deporting Jamaicans who arrived as children reported







    Man assured he wasn’t being deported is,

    • 30 min
    Podcast: how the immigration system froze out Commonwealth soldiers

    Podcast: how the immigration system froze out Commonwealth soldiers

    You don’t have to be British to work here, but it helps. Citizens of the 54 Commonwealth countries can serve in the British Army and other branches of the armed forces, and are eligible to settle in the UK after discharge if they have served for at least four years. But settlement isn’t automatic, and over the years too many have ended up without the immigration status they were promised. While the situation has improved in recent years, the sheer cost of indefinite leave to remain — £2,389, or around £10,000 for a family of four — means that some remain frozen out despite policies designed to help them. 

    On 1 December 2020, the High Court will hear argument on behalf of eight Fijian ex-servicemen trying to get justice without being shaken down for the privilege. They’re represented by Vinita Templeton of Duncan Lewis Solicitors, our guest on the podcast this month. I asked Vinita about the minimum income rule that continues to affect serving soldiers, about the linked issues of cost and paperwork for indefinite leave to remain, and what she hopes to achieve with the litigation. (For dull technical reasons we recorded over Zoom rather than anything fancier so there may be the odd audio glitch.)

    • 20 min

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