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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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.

    Immigration update podcast, episode 82

    Immigration update podcast, episode 82

    Welcome to episode 82 of the Free Movement immigration update podcast. This month we mostly focus on a host of changes to the Immigration Rules introduced in October and mainly coming into force in December. There are also some big cases on long residence, removal windows, deportation law and fairness in sponsored worker cases, and we’re also going to talk about EU citizens and naturalisation.

    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 35-minute podcast follows the running order below. Time codes indicate when a particular section begins.

    Statement of changes

    What the new Points-Based Immigration System has in store for UK work visas

    New, improved English language requirements for immigration applications

    “Compassionate” Home Office targets rough sleepers, again

    The Hong Kong British National (Overseas) visa

    New-look Appendix V: changes to UK visit visa rules from 1 December 2020

    Removal windows (17.22)

    Removal policy breaches common law right of access to a court

    Naturalisation (20.00)

    It just got even more difficult for EU nationals to get British citizenship

    The government can easily fix its policy on citizenship for EU nationals – here’s how

    Long residence (25.01)

    Welcome Court of Appeal U-turn on ten-year lawful residence gaps

    Deportation (27.37)

    Court of Appeal confirms change of course ...

    • 35 min
    Podcast: where are we at with legal aid for immigration appeals?

    Podcast: where are we at with legal aid for immigration appeals?

    Lawyers have spent much of this year fighting off controversial changes to legal aid for immigration appeals. In May, the government brought in adjusted legal aid arrangements for cases lodged under a new online appeal system — arrangements that spelled doom for an already under-pressure sector. I spoke to Sonia Lenegan from the Immigration Law Practitioners’ Association about the legal action that defeated those proposals, the system that’s been put in place instead, and how things are looking for legal aid lawyers more generally.

    • 18 min
    Immigration update podcast, episode 81

    Immigration update podcast, episode 81

    Welcome to episode 81 of the Free Movement immigration update podcast. This month we kick off with a big ruling on deportation law before turning to some draft laws affecting EU citizens in the UK. The visa rules for students changed on 5 October, so we discuss those tweaks before moving to economic migration and the elusive Immigration Health Surcharge rise. We finish with some judgments on asylum and immigration detention.  

    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 30-minute podcast follows the running order below. Time codes indicate when a particular section begins.

    Deportation

    Major Court of Appeal judgment revisits “unduly harsh” test and other key concepts

    Brexit (5.43)

    What is the legal status of EU citizens during the post-Brexit “grace period”?

    EU deportation protections continue after Brexit

    Applying for settled and pre-settled status requires genuine residence

    Students (13.39)

    Statement of changes to the Immigration Rules: HC 707 – “new Points-Based Immigration System” rules for students 

    For much more on this subject: Podcast: the new student visa rules

    Business immigration (15.20)

    The end of the Tier 2 cooling-off period is on the horizon

    70 new job types being added to Shortage Occupation List

    What is a frontier worker permit and will it help people commuting into the UK for work?

    NHS surcharge (20.01)

    a href="https://www.freemovement.org.uk/immigration-health-surcharge-rising-to-624-in-october-2020/" target="_blank" rel="noopener noreferre...

    • 30 min
    Podcast: the new student visa rules

    Podcast: the new student visa rules

    “Don’t panic!” is Tom Brett Young’s message to his education sector clients. Revised student visa rules kick in next month, replacing the Tier 4 routes beloved of known to immigration lawyers since 2009. Thankfully, the VWV partner reckons it’s more evolution than revolution, with the system of student sponsorship remaining broadly familiar. Although with students from EU countries now needing visas, schools and unis have quite enough upheaval to contend with as it is.

    In this podcast, Tom and I talk through the new student migration rules that kick in from 5 October: where to find them, what they change and what they don’t. Some — but not all — of the details we touch on are covered in Nath’s recent article on the subject. To stay abreast of developments in business and student migration as the government continues to roll out its “new Points-Based Immigration System”, sign up for Free Movement email alerts and select the “business” option.

    • 26 min
    Immigration update podcast, episode 80

    Immigration update podcast, episode 80

    Welcome to episode 80 of the Free Movement immigration update podcast. This month we start with the EU Settlement Scheme before turning to a couple of cases at the intersection of immigration law and family law. With the slow down in the court system, there wasn’t a whole lot of case law this month, so we take a detour via domestic abuse and sponsor licensing before getting back to the courts with a few cases on procedure and compensation for delay. To round off, there’s a couple of positive developments on legal aid and leave to remain for people falsely accused of cheating on their English test.

    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. With the end of the CPD year approaching, it’s worth mentioning we have three new training courses already available — on Tier 2 visas, international surrogacy cases and best practice in immigration case working — and two more incoming on advising employers and on lawyer ethics. As with blog posts, we’re widening the pool of training courses authors and these are by Karma Hickman of Bishop & Sewell, Jo Hunt of Lewis Silkin, Amie Higgins of the Anti-Trafficking and Labour Exploitation Unit and Chris Cole, formerly of Parker Rhodes Hickmotts.

    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 24-minute podcast follows the running order below. Time codes indicate when a particular section begins.

    EU rights

    EU Settlement Scheme rejects majority of Zambrano carers

    Useful briefing on changes to Northern Ireland family immigration rules

    Easier access to benefits for family members of people from Northern Ireland

    Family law (6.11)

    Court of Appeal backs order to disclose refugee asylum records

    Local authorities may need permission to get British citizenship for children in care

    Domestic abuse (12.55)

    The domestic violence concession: for the few, not the many

    Sponsorship (14.49)

    Brexit ready? No big rise in businesses getting sponsor licences

    Delay (16.57)

    a href="https://www.freemovement.org.uk/no-home-office-duty-of-care-to-migrants-hit-by-delays-confirming-leav...

    • 24 min
    Podcast: helping families with international surrogacy

    Podcast: helping families with international surrogacy

    Commercial surrogacy — paying someone else to carry and give birth to your child — is banned in the UK, but available overseas. That allows couples and individuals who would otherwise be unable to have children to experience the miracle of life with the aid of a third party.

    It’s a fraught process, and getting the resulting baby a visa may not be at the forefront of the intended parents’ minds. It may, however, be necessary. A child born to a surrogate abroad will not be automatically entitled to come straight back to the UK, even if the intended parents are both British themselves. It depends on who the child’s legal parents are at the point of birth and what nationality that leaves the child with. The child may be British, or entitled to be registered as British, or entitled to the passport of the country of birth, or able to get entry clearance under a special surrogacy policy, or…

    Enter Karma Hickman, who has seen her share of complicated surrogacy cases and disentangled the nationality and immigration law issues. In this podcast we review three of Karma’s past international surrogacy cases — names have been changed and all the rest of it — and work out the family’s options in each case. The scenarios are the same as in Karma’s article Surrogacy, citizenship and immigration: common problem scenarios, published yesterday.

    • 23 min

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