Free Movement

Free Movement

Updates and comment on UK immigration law

  1. 2 juli

    Immigration round-up: June 2026

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

  2. 9 juni

    Immigration round-up: May 2026

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

  3. 5 maj

    Immigration roundup: April 2026

    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 persecution European Court rules return of Hazara Afghan national would breach Article 3 Asylum hotel accommodation unlawful where it fails basic standards of adequacy The importance of early clarification of grounds of appeal Final Diego Garcia migrant moved from the military base to the Maldives Family 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 condition When domestic abuse survivors don’t fit the rules: options and risks Adoption 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 policy Work (31:40) Confusing changes to sponsor right to work checks: what has changed and what is still unclear Procedure (33:27) Applications for costs in immigration cases: what practitioners need to know

  4. 2 apr.

    Immigration roundup: March 2026

    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 claims Home Office decision to remove public funds from Diego Garcia asylum seekers was unlawful, Upper Tribunal finds Convicted murderer excluded from protection of Refugee Convention Why the latest attempt to deter asylum seekers won’t work Asylum support: what is available and what has changed Statement of changes (11:05) Statement of changes HC 1691: changes for refugees, skilled workers, children and more Settlement (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 deportation Procedure (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 now Three months is enough: High Court confirms approach to salary assessment in sponsor licence revocation case When 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?

  5. 5 mars

    Immigration roundup: February 2026

    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 claims Massive reduction in the backlog but questions over quality of decision making in latest trafficking statistics Latest statistics: overall decline in visa grants and concerns as Syrian asylum success rate plummets No breach of public sector equality duty by Home Office when housing LGBTQ+ asylum seekers Visitors (12:02) What to do if you are stopped and refused entry at the UK border Settlement (13:46) Can I apply for indefinite leave to remain early? A fairer pathway? How the “earned settlement” proposals risk discrimination against migrant women EU 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’ policy High Court gives guidance on delay in applying for judicial review and human rights jurisdiction Deportation (27:37) Man stranded abroad challenges Home Office deportation decision taken whilst travelling Procedure (29:29) How to challenge closure of a bank account on immigration grounds Tribunal criticises two more immigration lawyers for suspected citation of AI-invented fake case law Updated (32:00) Youth Mobility visa: what is it and how does it work? How to apply for a UK spouse or partner visa How to become an Immigration Advice Authority (formerly OISC) Level 1 regulated adviser

  6. 5 feb.

    Immigration roundup: January 2026

    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 accommodation Home Office U-turn over grants of leave to trafficking victims after legal challenge High Court finds the Home Secretary’s approach to making public order disqualification decisions is unlawful Concerns raised about changes to Home Office’s country evidence on Pakistan for LGBT+ people The Home Office’s unsafe journeys policy is dangerous Child settlement applications (13:53) Important Court of Appeal ruling on children’s settlement applications Artificial 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 Appeal Visit visas (26:36) Costs awarded by Court of Appeal in visit visa delay case Legal Ombudsman (28:29) Partial success for immigration barrister in challenge to Legal Ombudsman decision Deprivation of citizenship (29:04) Supreme Court addresses fairness concerns in deprivation appeals Work routes (31:45) The appeal of judicial discretion in civil penalty appeals: Court of Appeal grants permission Care home refused permission in challenge to revocation of sponsor licence for underpaying staff Deportation (36:53) Court of Appeal dismisses deportation appeal despite evidence of rehabilitation Updated (41:19) Briefing: the sorry state of the UK asylum system Briefing: how to apply for a high potential individual visa Making sense of sole responsibility for child visas in immigration law

  7. 9 jan.

    Immigration roundup: December 2025

    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” scheme Earned settlement (07:20) Briefing: the implications of the “earned settlement” proposals and what they might mean in practice Asylum (08:23) Home Office recommences processing of Syrian settlement applications The 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 claim First-tier Tribunal appeal receipts up 123% in a year, amid continuing concerns about Home Office decision making Citizenship (15:35) Home Office must consider whether to exercise discretion in Windrush cases Students (19:15) Court declares University’s failure to rescind its withdrawal of sponsorship as unlawful Detention (23:20) High Court finds safeguarding failures by Home Office at Brook House detention centre Emergency travel document delays lead to detention challenge Deportation (25:55) Home Secretary ordered to allow man to return to UK after telling airline not to fly him and cancelling his eVisa Court orders grant of indefinite leave in case with historic conviction EU Settlement Scheme (34:22) Court of Appeal denies derivative rights of residence to the children in education of former self-employed EU citizens Work routes (36:40) High Court clarifies meaning of “non-genuine vacancy” in sponsor licence revocation Family (38:00) Does ‘could’ mean a ‘mere possibility’? Court of Appeal looks at exceptional circumstances and financial requirements under Appendix FM Well-being (43:45) Vicarious trauma: what practitioners need to know Updated (45:55) Suitability refusals: owing a litigation debt to the Home Office Will 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

  8. 2025-12-04

    Immigration roundup: November 2025

    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 children Permission 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 8 Navigating 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

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Updates and comment on UK immigration law

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  • Skapad av
    Free Movement
  • Aktiva år
    2014 - 2026
  • Avsnitt
    142
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    Barnvänligt
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