Free Movement

Updates and comment on UK immigration law

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20 episodes
Updated July 2

Episodes20

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July 2 · 33 min
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 claims Home 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
June 9 · 44 min
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
May 5 · 35 min
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
April 2 · 31 min
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?
March 5 · 33 min
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
February 5 · 43 min
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
January 9 · 48 min
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
Dec 4, 2025 · 42 min
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
Nov 12, 2025 · 36 min
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
Oct 6, 2025 · 42 min
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
Sep 3, 2025 · 40 min
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?
Aug 6, 2025 · 42 min
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?
Jul 4, 2025 · 36 min
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?
Jun 6, 2025 · 45 min
Immigration roundup: May 2025
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 published What 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 students Immigration white paper – the case for optimism and what sponsors should do Points based system (09:05) Your questions answered: the ‘Self-Sponsorship route’ for overseas businesses establishing a UK presence Briefing: an employer’s guide to section 3C leave Asylum (15:20) Latest statistics show that only two Syrian people have been granted refugee status this year Fresh claim rejection successfully challenged in Upper Tribunal EU Settlement Scheme (19:30) Poor drafting of Appendix EU criticised again by Court of Appeal Deportation (24:20) ‘Life in Germany is not significantly different from life in the UK’: EU nationals and the ‘insurmountable obstacles’ test Immigration 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 level Visitors (32:30) Potential border problem caused by discrepancy between ETA and visitor suitability rules Challenge to refusal of visitor visa dismissed by Court of Appeal Procedural (38:10) Upper Tribunal reiterates correct process for applying for permission to appeal eVisa failures preventing access to public funds Nationality (41:15) Supreme Court dismisses appeal against deprivation of British citizenship by woman in Syria Updates (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 UK How to become an Immigration Advice Authority Level 1 regulated adviser Briefing: 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
May 9, 2025 · 42 min
Immigration roundup: April 2025
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 guide Fee waivers for applications made outside the UK: who can qualify and how to apply Briefing: the sorry state of the UK asylum system A guide to right to work checks A guide to making fresh claims What are the financial requirements for UK spouse and partner visas?
Apr 8, 2025 · 43 min
Immigration roundup: March 2025
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 appeal High Court finds that three men were unlawfully accommodated at Wethersfield Court of Appeal says exclusion of those with deportation orders from trafficking concession is lawful Children with pending asylum claim can be removed from the UK to be reunited with their parents Inspector’s report finds penalty scheme for deterring clandestine entry is still lacking Ten years after the introduction of the Modern Slavery Act, safety is more elusive than ever Home Office wrong to exclude kidnapping victim from trafficking protections The Home Office is leaving thousands of Afghans in limbo in the UK Increase in Home Office refusals sees number of asylum appeals soar in latest tribunal statistics Statement of changes (19:16) Statement of changes HC 733: visa regime imposed on Trinidad and Tobago and help given to some care workers Family (20:43) Man unlawfully denied spouse visa wins appeal too late Inspection of fee waiver applications notes improvement in processing times, concerns about decision quality Nationality (28:03) Supreme Court adopts “nuanced” approach in deprivation of citizenship appeal Home Office to reconsider Windrush compensation rejection after court loss Procedure (32:52) Increases to most Home Office fees from 9 April 2025 Increase to court and tribunal fees from 1 April 2025 eVisa ‘grace period’ allowing travel with an expired biometric residence permit extended to 1 June 2025 New sanctions for failure to comply with biometric regulations in eVisas changes from 27 March 2025 Court of Appeal upholds decision to refuse extension of time to woman deprived of British citizenship Unlocking the potential of pro bono costs orders Home Office decision to “correct” grant of indefinite leave made in error held to be lawful Points based system (37:49) No duty for Home Office to carry out impact assessment before revoking sponsor licence National Audit Office recommends more is done to tackle exploitation in the Skilled Worker route Human rights (41:06) Home Office concede that Dutch man was wrongly excluded from UK in case of mistaken identity Updated (42:17) How does absence from the UK work under the EU settlement scheme? How to claim asylum in the UK Briefing: How to make a change of conditions application and remove the ‘no recourse to public funds’ restriction The 180-day absence rule doesn’t apply to people with a spouse or partner visa
Mar 6, 2025 · 40 min
Immigration roundup: February 2025
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 Court Good 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 options General grounds for refusal: contriving to frustrate the intention of the rules Visas for children under Appendix FM of the immigration rules What is a Scale-up visa and how does it work?
Feb 6, 2025 · 40 min
Immigration roundup: January 2025
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?
Jan 15, 2025 · 46 min
Immigration roundup: December 2024
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
Dec 5, 2024 · 49 min
Immigration roundup: November 2024
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?