Free Movement

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 SchemeAsylum (02:40)The Home Office is refusing Ukrainians’ protection claims and telling them to leave the UKLegal aid crisis worsens with shortage of immigration and asylum advice throughout the UKImmigration tribunal appeals backlog up 80% to 90k outstanding cases The uncertain future for Afghan women seeking asylumTribunals “required to use common sense” in claims of monitoring by a foreign stateCourt of Appeal finds Home Office justified in refusing certificate of travelFamily (16:30)Committee advises against further increase to minimum income requirement for familiesProcedure (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 revocationVisitors (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 traffickingBriefing: the seasonal worker visaWhat 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 applicationsBriefing: What rights do refugees have under the Refugee Convention?

It was a relatively quiet April ahead of what looks to be a busy May. Sonia is joined by Andrew again this month. Sonia runs through the amendments made at committee stage of the Border Security, Asylum and Immigration one and despaired over the lack of attention given to the case where the UK detained a Brazilian tourist for eight weeks. Andrew looks at Asylum Aid's successful statelessness challenge as well as a really interesting piece on discrimination against non-EEA nationals with pre-settled status. There were also lots of case updates, including on fee waivers in indefinite leave applications, successful and unsuccessful skilled worker cases, and much more!The following posts were covered in this episode:What amendments have been made to the Border Security, Asylum and Immigration Bill?Asylum (03:45)New Iran country policy and information note on social media, surveillance and sur place activities First-tier Tribunal wrong to allow appeal based on a grant of humanitarian protection that did not exist Court of Appeal considers standard of proof for internal relocation Family (08:00)Asylum Aid wins High Court challenge to the statelessness family reunion rules The armed forces immigration rules: what are they, why do they exist and what are the challenges? Home Office guidance on discretionary indefinite leave for children held to be unlawful Is it discriminatory to prevent non-EEA nationals with pre-settled status from being joined in the UK by their spouse? Visitors (22:40)Brazilian tourist unlawfully detained after “volunteering” in a hostel Work routes (24:40)Court of Appeal rejects student’s attempt to switch into skilled worker route Challenging the suspension and revocation of a sponsor licence Successful challenge to cancellation of skilled worker leave after Home Office errors Guidance on “exceptional assurance” Covid policy given by Court of Appeal Updated (40:30)Refugee family reunion: a user’s guideFee waivers for applications made outside the UK: who can qualify and how to applyBriefing: the sorry state of the UK asylum systemA guide to right to work checksA guide to making fresh claimsWhat are the financial requirements for UK spouse and partner visas?

The February podcast is here! We kick off with Sonia briefly summarising the recently published statistics for 2024. There was then a lot to cover on asylum with several case updates and of course the recent Home Office changes to the good character requirements. Barry was thrilled to be able to discuss his favourite section of the British Nationality Act 1981 as well as getting to cover Alex Piletska’s “highly entertaining” housesitting piece. All that and much more!General immigration (01:00)Health and care worker visas and asylum grant rates both plummeted in 2024 according to latest statistics Asylum (03:15)High Court upholds award of £98,757 damages to refugee Home Secretary’s decision on national security is sufficient to revoke refugee status Upper Tribunal dismisses judicial review in case of parents seeking to reunite with young children High Court provides guidance on interaction between Schedule 10 accommodation and Care Act duties Who is eligible and how to apply to the Ukraine Permission Extension Scheme? Challenge to refusal to relocate Diego Garcia refugee to the UK dismissed by High CourtGood character guidance amended to block refugees from naturalisation British citizenship (20:45)High Court considers new provisions for registration as a British citizen in special circumstances Court of Appeal returns deprivation appeal to the Upper Tribunal EU Settlement Scheme (27:25)Frequently asked questions: family member applications to the EU Settlement Scheme Work routes (28:15)A guide to civil penalties for illegal working Procedure (29:40)The Home Office is creating unnecessary additional work and delays in change of conditions applications Litigant in person to pay thousands in costs after falling foul of procedural rules Visitors (34:40)Housesitters and holiday swappers: what are the immigration law implications? Updates (39:20)What is the no recourse to public funds condition?Government Authorised Exchange: one visa, over 30 optionsGeneral grounds for refusal: contriving to frustrate the intention of the rulesVisas for children under Appendix FM of the immigration rulesWhat is a Scale-up visa and how does it work?

It’s goodbye to 2024 in this month’s podcast, with Sonia and Barry wrapping up December. They spend a bit of time discussing eVisas at the beginning of the podcast, before moving on to asylum and trafficking where issues around the quality of decision making have been raised in a couple of different posts. Barry covered two Court of Appeal decisions on the EU Settlement Scheme as well as an Upper Tribunal decision on deportation of EU nationals. Sonia discussed OISC’s name change and suggests that time and money might have been better spent on resolving the various issues with the new online portal. All that and much more! The 46 minute long podcast follows the running order below: eVisas (00:40) eVisas and the hostile environment: a disaster waiting to happen Home Office minister makes statement on eVisas Asylum (13:10) Briefing: current problems in the UK asylum system and how to address them Migrant Help: now more helpful? Court of Appeal dismisses Iranian asylum appeal Afghan family to have application decided a sixth time after unfair refusal Recent changes to the policy on granting leave to survivors of trafficking Inspection of trafficking decision making body finds speed prioritised over quality EUSS (23:10) Court of Appeal says that application made to EU Settlement Scheme was correctly rejected Court of Appeal allows appeal on EU Settlement Scheme dependency rules Procedure (29:05) New Presidential Guidance on litigation friends in the tribunals Leave obtained by deception does not count as “continuous lawful residence” Court of Appeal finds Home Office cannot use the same certification decision in successive removals Unrepresented claimant fails in judicial review of voided application Deportation (38:10) Upper Tribunal clarifies position on deportation of EU nationals for pre and post-Brexit conduct Regulatory (39:14) Office of the Immigration Services Commissioner to be replaced by Immigration Advice Authority Nationality (41:25) High Court dismisses challenge to refusal of indefinite leave under Windrush scheme Updates (45:00) Fee waivers: what can you do if you cannot afford to pay your immigration application fee? Briefing: applying for a graduate visa How to apply for the UK’s global talent visa

Colin's back! But for how long? All is revealed in our October roundup podcast. Plus Sonia and Colin discuss hot topics such as the new practice direction for appeals in the First-tier Tribunal, appeals backlogs, issues in asylum interviews and reaccreditation for the Law Society's immigration and asylum scheme. We also cover the latest Supreme Court decision on the best interests of children, a case involving some serious administrative failings at the Court of Appeal, climate change and refugees and the latest inspection report from the Independent Chief Inspector of Borders and Immigration. On work routes we cover posts explaining which routes can lead to settlement, the latest round of litigation on care home sponsor licence revocation and whether the skilled worker pay thresholds create an equal pay issue. All this and much more (and no politics!). The 38 minute podcast follows the running order below: Procedure (01:30) New Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal issued Court of Appeal apologises and grants four year extension of time after administrative failings Administrative Court reminds practitioners of the need for an application when seeking to rely on expert evidence When can someone be refused a passport because of their name? Supreme Court says that statutory duty regarding children does not apply to the First-tier Tribunal Law Society immigration reaccreditation scheme: how does it work and how can we help? Asylum (11:40) Asylum appeal backlog rises to 33,000 cases, likely to rise further Asylum interviews: what can go wrong and what can you do about it? Advancing legal rights in the context of climate and disaster displacement How child relatives of refugees can apply to enter or remain in the UK Asylum delay challenge dismissed by High Court of Justice in Northern Ireland Inspection of asylum accommodation reiterates need for the Home Office to listen to others Spain ordered to pay compensation for failures in trafficking case Deportation (23:30) Can a European national be deported on ‘imperative grounds of public security’ based solely on the barbarity of their crime? Work routes (25:40) How to use the creative worker visa concession Care home operator’s sponsor licence revoked for supplying sponsored workers to third parties Which work visa routes lead to settlement? What are the immigration dimensions to the new Employment Rights Bill? Do the skilled worker salary threshold increases create an equal pay issue for employers? EU Settlement Scheme (33:00) EU Settlement Scheme: curtailment of pre-settled status after no longer meeting the rules Family (34:40) Ensuring confidentiality and safety in overseas immigration applications based on same sex relationships Updates (36:15) Youth Mobility visa: what is it and how does it work? Briefing: applications for adult dependent relatives How to apply for leave to remain as a bereaved partner

Barry joins Sonia again this month to look back at what happened in August. We cover the latest statistics on asylum, immigration and trafficking. There are a couple of cases relating to asylum family reunion, as well as a policy change for those separated during Operation Pitting. Other cases covered included deprivation of citizenship, an unsuccessful challenge to legal aid provision for young people and a successful challenge by Bail for Immigration Detainees in a freedom of information challenge. We also discuss updates on a couple of reports from the Solicitors Regulation Authority and the latest on what is happening with Tech Nation. The 43 minute podcast follows the running order below: Asylum (00:55) Latest statistics show little movement on the asylum backlog, drop in students and health and care workers Positive decisions by immigration authority remain very low in latest trafficking statistics Unsuccessful challenge to lack of legal aid for asylum interviews Appeal against grant of limited bail on Diego Garcia dismissed No discrimination found against Afghan man blocked from Ukraine schemes Tribunal orders Home Office to disclose information on emergency travel documents for Somalia and Eritrea New country of origin information on children and young people from Sudan Home Office finally announces separated families route for Afghan evacuated families How to prepare suicide risk cases General immigration (22:40) A step by step guide to applying for an eVisa Solicitors Regulation Authority publishes reviews of training records and asylum legal services Family (29:15) Upper Tribunal says that article 8 rights of overseas family members must be considered Work routes (33:25) A route of last resort: two years of the UK Expansion Worker visa The latest on Tech Nation and the Global Talent route Nationality (35:40) Court of Appeal dismisses appeal against deprivation of citizenship Updated (38:25) Leave to remain application date: how to calculate it and why it is important How to apply for a UK Ancestry visa How much does it cost to sponsor someone for a UK work visa? Briefing: what is leave outside the rules? Will I need Electronic Travel Authorisation to enter the UK?

Here is your June round up of Free Movement. In this episode Colin and Sonia discuss why the Illegal Migration Act should be repealed, an appalling decision on trafficking delays, a much better decision on section 3C leave, the raised standard of proof in asylum claims, one and a bit cases on challenging judicial behaviour, the latest care home revocation case and much much more. By popular (?) demand, we finish with a chat about the general election. The 39 minute podcast follows the running order below: Asylum (00:40) Briefing: four problems in the UK asylum system and how to address them Almost four year delay in deciding trafficking claim held to be lawful by High Court The new, higher standard of proof doesn’t apply to human rights claims Kent County Council cannot avoid its duty to find placements for unaccompanied asylum seeking children Procedure (13:10) Court of Appeal rejects claim that hearing was unfair because tribunal judge asked too many questions Home Secretary’s failure to provide digital proof of status to those with section 3C leave held to be unlawful (and see here for an update from RAMFEL: https://www.ramfel.org.uk/news-and-blog/3c-leave-update-time-to-request-digital-proof-of-status) High Court decides there is no oral permission hearing in Cart judicial reviews Court of Session gives guidance on transferring judicial reviews to the Upper Tribunal Points based system (18:40) Another care home sponsor licence revocation successfully challenged in the High Court Official evidence of English language test cheating will raise a case to answer, confirms Upper Tribunal Policy (22:25) Failure to implement Windrush recommendations held to be unlawful by High Court Where are we now and what is the future of the Illegal Migration Act? Updated articles (25:20) Should refugees claim asylum in the first safe country they reach? What is the difference between a “refugee” and an “asylum seeker”? What is the refugee definition in international and UK law? Can Ukrainians take refuge in the UK? Ukraine schemes and other routes How does immigration and nationality law apply to adopted children? How to apply for a Skilled Worker sponsor licence General election 2024 (26:15) What changes does a Labour government promise for business immigration?

Here is your May round up of Free Movement. In this episode Colin and Sonia look at the latest immigration, asylum and trafficking statistics, including discussion of the fee waiver backlog. They also cover the latest on “safe and legal” routes for those in Afghanistan and Gaza. Sonia nerds it up over archived Home Office guidance and we cover several new cases. The episode ends with a discussion of the upcoming general election and some hopes (and some lack of hope) for a new government. The 35 minute podcast follows the running order below: Asylum (00:20) Home Office statistics link drop in asylum grant rate to Nationality and Borders Act 2022 Trafficking statistics show positive decisions by the immigration enforcement competent authority are at a record low Inspection report on Afghan resettlement schemes reveals another secret pause on processing cases Upper Tribunal finds guidance for those unable to travel from Gaza to enrol biometrics is unlawful Asylum seekers on Diego Garcia granted bail to access limited areas of the island Procedure (17:10) How to access old versions of Home Office guidance and identify any changes A varied application can be refused where false representations were used in the original application Human rights (19:40) Court of Appeal finds that damages may be payable to those subject to ‘no recourse to public funds’ delays High Court dismisses challenge to lack of legal aid for Windrush compensation scheme Detention (24:50) Adults at Risk guidance changed from 21 May 2024 to allow more vulnerable people to be detained High Court finds use of electronic monitoring to be unlawful Updated (28:20) What safe and legal routes are available for refugees to come to the United Kingdom? The Hong Kong British National (Overseas) visa Appendix Settlement Protection: indefinite leave to remain for people granted refugee status or humanitarian protection What is the 20 year rule on long residence and other private life applications? Briefing: how does the 10 year route in Appendix Long Residence work?