Free Movement

Isaac Abraham is back to join Jasmine for this month's episode. It's a bit of a longer one this month as we dedicated the first section to the big news that was the Immigration and Asylum Bill. Isaac has explained the bill's different parts and its passage through Parliament so far.Jasmine goes through the most recent statement of changes and then a number of cases, including a successful challenge from a trafficking victim who was forced at gunpoint to steer a small boat across the Channel. Isaac looks at two separate Home Office actions that have been found unlawful, including the secret policy capping trafficking leave to 12 months and the removal of the right to request reconsideration of a trafficking decision. There were also two quite shocking fraud cases and a reminder to solicitors to watch out for 'red flags'.We also highlight the changes to right to work checks coming in from 1 October. Plus much more!Immigration and Asylum Bill (00:41)What’s in the Immigration and Asylum Bill 2026?Statement of changes (13:08)Statement of Changes HC 259: changes to children’s settlement rules under Part 8 and exception to immigration bail prohibitionAsylum and protection (15:13)Refugee families left in limbo as challenge to suspension of refugee family reunion route is dismissedOver 1,000 people seeking sanctuary convicted of illegal arrival in the UKSuccessful legal challenge for survivor of trafficking forced to steer small boat across ChannelSecret Home Office policy capping trafficking leave at 12 months declared unlawfulHome Office acted unlawfully by removing reconsiderations for trafficking decisionsProcedure (33:48)Immigration firm criticised for failing to identify possible client fraud‘Well-oiled’ fraudulent business machine behind fake judicial review claims uncoveredBusiness (39:38)Right to work checks are changing: what employers need to know before October 2026High Court quashes sponsor licence revocation over unspoken dishonesty allegationOptions for care workers when an employer’s sponsor licence is revokedThe case for a dedicated UK fishing visaBriefings - new and updated (47:13)The Tameside duty of inquiry: what is it and why is it relevant to immigration law practitioners?Fee waivers: what can you do if you cannot afford to pay your immigration application fee?Applying for British citizenship by naturalisationGood character and criminal convictions in British citizenship applicationsSuitability refusals: alleged deception, false information and innocent mistakes

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

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

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?

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?

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

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