Free Movement

Free Movement

Updates and comment on UK immigration law

  1. 5D AGO

    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

    34 min

  2. FEB 5

    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

    44 min

  3. 12/04/2025

    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

    43 min

  4. 11/12/2025

    Immigration roundup: October 2025

    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 applications Visa 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

    37 min

  5. 10/06/2025

    Immigration roundup: September 2025

    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 changes Exceptional circumstances in a spouse or partner visa application under Appendix FM Visas for children under Appendix FM of the immigration rules British by descent: when the child of a British citizen is not themselves British How to apply for an International Sportsperson visa General grounds for refusal: understanding mandatory refusal periods

    43 min

  6. 09/03/2025

    Immigration roundup: August 2025

    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 asylum Challenge 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 applications Briefing: the inadmissibility process in asylum claims How to apply for a UK domestic worker visa What safe and legal routes are available for refugees to come to the United Kingdom?

    41 min

  7. 08/06/2025

    Immigration roundup: July 2025

    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 rejections What 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 decision Detention (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 UK Naturalising as a British citizen: the intention to settle requirement What is the immigration skills charge? Briefing: what is the English language requirement?

    43 min

  8. 07/04/2025

    Immigration roundup: June 2025

    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 Scheme Asylum (02:40) The Home Office is refusing Ukrainians’ protection claims and telling them to leave the UK Legal aid crisis worsens with shortage of immigration and asylum advice throughout the UK Immigration tribunal appeals backlog up 80% to 90k outstanding cases  The uncertain future for Afghan women seeking asylum Tribunals “required to use common sense” in claims of monitoring by a foreign state Court of Appeal finds Home Office justified in refusing certificate of travel Family (16:30) Committee advises against further increase to minimum income requirement for families Procedure (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 revocation Visitors (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 trafficking Briefing: the seasonal worker visa What 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 applications Briefing: What rights do refugees have under the Refugee Convention?

    37 min
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About

Updates and comment on UK immigration law

Information

  • Creator
    Free Movement
  • Years Active
    2014 - 2026
  • Episodes
    138
  • Rating
    Clean
  • Copyright
    © Free Movement
  • Show Website
    Free Movement

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