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Free Movement

Free Movement

Updates and comment on UK immigration law

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  • 23 episodes
  • monthly
  • Avg 41 min
  • English

Episodes 23

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  • 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?

Showing 21–23 of 23 episodes