Free Movement

Updates and comment on UK immigration law

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142 episodes
Updated July 2

Episodes142

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Jun 26, 2020 · 18 min
Podcast: the six-month “rule” for visitors to the UK
To be allowed into the UK as a visitor, border officials must be satisfied that you are a “genuine visitor”. One warning sign is “frequent and successive visits”, which may indicate that you are making the UK your “main home”. What there isn’t is a hard and fast rule that a visitor can’t be in the UK for more than six months in total in any 12-month period. Home Office guidance says: There is no specified maximum period which an individual can spend in the UK in any period such as ‘6 months in 12 months’. However, if it is clear from an individual’s travel history that they are making the UK their home you should refuse their application. In this podcast, John Vassiliou of McGill & Co talks about the significance of this aspect of the visitor rules. He tells me that, even though frequent visitors don’t need to obsess about going over a six-month total, it’s still worth keeping tabs on your cumulative length of time in the UK. The discussion is partly based on John’s recent article on the subject, which is free to read: There is no 180-day a year rule for visitors to the UK.
Jun 8, 2020 · 30 min
Immigration update podcast, episode 77
Welcome to episode 77 of the Free Movement immigration update podcast. This month we cover a number of positive court decisions on Article 3, no recourse to public funds and immigration fees. We then mention the main coronavirus updates before turning to a few bits and pieces from EU law and some important asylum updates. British nationality law and policy also gets a mention, as do some changes to the Immigration Rules that came into force on 4 June. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 30-minute podcast follows the running order below: Article 3 medical cases Supreme Court offers hope to seriously ill migrants facing deportation and death No recourse to public funds Part of no recourse to public funds policy declared unlawful Home Office softens no recourse to public funds policy following High Court defeat Fees Immigration Health Surcharge to be waived for NHS and social care workers Immigration application fee destitution policy found unlawful Coronavirus Coronavirus and the UK immigration system Worried that furloughing or redundancy could affect your visa? Here’s what you need to know EU law Lengthy absences from the UK can put EU pre-settled status at risk You can carry on with an old-style EU law appeal even if granted settled status No need to be a “qualified person” to use the Surinder Singh route
May 15, 2020 · 29 min
Immigration update podcast, episode 76
Welcome to episode 76 of the Free Movement immigration update podcast. This month we start with an important case concerning the hostile environment and the latest hardline deportation decisions. We then discuss immigration detention, including a case on the impact of coronavirus, before covering benefits, removals of migrants with children, immigration tribunal procedure and some mild controversy involving First-tier Tribunal judges. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 29-minute podcast follows the running order below: Hostile environment Government wins Right to Rent appeal Deportation Deportation of Royal Marine with 14 years’ service upheld on appeal Another deportation appeal founders on the “unduly harsh” test Detention Judgment published in Detention Action coronavirus case Chief Inspector blasts Home Office operation of Adults at Risk policy Benefits High Court blow for EU citizens with pre-settled status trying to claim Universal Credit Families Reasonableness, removals and children back in Court of Appeal spotlight Upper Tribunal reminds visitors not to try and stay in the UK permanently Procedure What happens when a variation application is invalid? People who lie to the Home Office are unlikely to get indefinite leave to remain
Apr 16, 2020 · 30 min
Immigration update podcast, episode 75
Welcome to episode 75 of the Free Movement immigration update podcast. This month we are covering March and there’s a lot to go over. We’ve got some EU law material, some fairly involved appeals law stuff on when a human rights claim generates a right or appeal or not, we’ll cover a few human rights issues around family life and settlement, briefly touch on some protection claims including a Supreme Court case and then end with mentions for the EU Settlement Scheme and the upcoming Immigration Bill. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 30-minute podcast follows the running order below: EU law “Genuine chance of being engaged” test for retaining EU worker status found unlawful EU citizens are protected by EU law, High Court reminds government Prison time doesn’t count as “residence” in establishing enhanced EU law protection against deportation Appeals law Grant of limited instead of indefinite leave does not generate human rights appeal Home Office can ignore human rights claims bolted on to normal immigration applications Upper Tribunal says no duty of candour on Home Office in statutory appeals You can now raise new matters before the Upper Tribunal Fees and applications Immigration Health Surcharge rising to £624 in October 2020 Fee waiver for children denied British citizenship by discredited paternity law Human rights
Mar 18, 2020 · 26 min
Immigration update podcast, episode 74
Welcome to episode 74 of the Free Movement immigration update podcast. This month we’ve got a couple of Supreme Court decisions to cover then a carousel of other cases on detention, the rights of British children to live with their parents in the UK, asylum, EU law, human rights, citizenship and the future of the immigration system. We start, though, by talking a little about what the coronavirus might mean in the short, medium and long term for immigration law and practice. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 26-minute podcast follows the running order below: Supreme Court Detention is unlawful if based on unlawful deportation order Unlawful “curfew” amounted to false imprisonment at common law Detention Don’t clog up the Admin Court with damages claims, warns Court of Appeal Children Mother of two British children denied visa to move with them to the UK Having a British child “not necessarily a weighty factor” in deportation cases Asylum The gospel according to Iran: new country guidance case on Christian converts Benefit of doubt applies even to abbreviated age assessments EU law Surinder Singh route still requires genuine residence abroad Paragraph 322(5) Court of Appeal lowers the bar for refusing tax discrepancy cases Human rights
Feb 13, 2020 · 23 min
Immigration update podcast, episode 73
Welcome to episode 73 of the Free Movement immigration update podcast. This month we start with asylum, in particular the new Iraq country guidance decision, before turning to the rebranded Global Talent visa and the latest on Brexit. There are a couple of disappointing cases on immigration detention to cover, followed by an Article 3 update and the usual procedural pointers. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 23-minute podcast follows the running order below: Asylum New country guidance on Iraq Delays in child asylum decisions not the Home Office’s fault, High Court finds Devaseelan rules apply to Detained Fast Track judgments Points Based System New statement of changes to the Immigration Rules: HC56, the Global Talent route Government advised not to bother with points based gimmick for migrants with job offers Brexit EU Settlement Scheme appeal rights introduced Detention Home Office can detain migrants for up to five weeks after law requires that they be released “Nothing inherently wrong” with healthcare system for vulnerable detainees in prison Paragraph 322(5) Accountants taking the blame for tax discrepancies should give evidence in person New Home Office guidance on refusing settlement over tax discrepancies Article 3
Jan 17, 2020 · 20 min
Immigration update podcast, episode 72
Welcome to episode 72 of the Free Movement immigration update podcast. This month we start with the excellent result on child citizenship fees and the Supreme Court’s clarification of the legal test in Zambrano cases. There are also interesting cases on investment visas, unlawful detention and deportation law to cover, as well some developments in asylum law. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 20-minute podcast follows the running order below: Fees £1,000 child citizenship fee found unlawful Zambrano Supreme Court says Zambrano test is usually a simple one Investment Tribunal shoots down £100m investment visa loan scheme Detention Mentally ill man detained for 838 days awarded £100,000 compensation Deportation Public interest in deporting criminals can be reduced, says Court of Appeal Risk of trauma for children not enough to prevent deportation Asylum Delay policy leaving trafficking victims in limbo found unlawful Burden of proof on internal relocation still on appellant says Upper Tribunal Upper Tribunal slams Home Office for inability to read dictionary No absolute confidentiality for asylum information in family cases Briefing: the new Home Office policy on statelessness SIAC Government strikes back in court battle over depriving terror suspects of British citizenship National security court slams immigration lawyers Procedure
Dec 20, 2019 · 31 min
Immigration update podcast, episode 71
Welcome to episode 71 of the Free Movement immigration update podcast. This month we explain the ramifications of the Supreme Court decision in Hemmati as well as recent developments in asylum and trafficking. The DeSouza case on the Good Friday Agreement has been reported by the Upper Tribunal, along with a bunch of procedural cases. Finally, we look at the latest in deportation law from the Court of Appeal. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 31-minute audio podcast follows the running order below: Detention Supreme Court finds detention of asylum seekers unlawful Brook House abuse investigation upgraded to full public inquiry Asylum 54-day stopover counts as “in transit” for Refugee Convention Escaped Tamil prisoners are at risk in Sri Lanka, Court of Appeal confirms Immigration judges told how to handle Somalian refugee cessation cases Trafficking Upper Tribunal opens door for trafficking challenges in human rights appeals Government forced to change trafficking appeals policy after High Court finds it unlawful Northern Ireland Good Friday Agreement doesn’t stop Northern Irish people being born automatically British Children EU children can be lawfully resident in the UK without exercising treaty rights My client’s 13-year-old son is alone in Ghana and she can’t afford £2,500 in Home Office fees to bring him here Procedure
Nov 22, 2019 · 24 min
Immigration update podcast, episode 70
Welcome to episode 70 of the Free Movement immigration update podcast. This month we lead on some case law on asylum before turning to the latest changes to the EU Settlement Scheme (yes, they’ve replaced Appendix EU all over again). We then discuss new Home Office guidance on deception, an interesting European Court of Human Rights judgment and the position with historic convictions in fresh deportation proceedings. For dessert, we celebrate the demise of the notorious “take-away rule”. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 24-minute audio podcast follows the running order below: Asylum Relatives of refugees are not legally refugees after all Refugees’ dependants can be sent packing if country of origin circumstances have changed EU Settlement Scheme New statement of changes to the Immigration Rules: HC 170 Home Office admits double counting in the EU settlement statistics EU law CJEU: Child self-sufficient if supported by parent working without work permit Deception Home Office comes out fighting in new guidance on false representations Human rights Split human rights court suggests lower threshold for resisting removal on medical grounds Deportation Old convictions very much count towards a new deportation order Points Based System Last gasp of the take-away rule
Oct 21, 2019 · 25 min
Immigration update podcast, episode 69
Welcome to episode 69 of the Free Movement immigration update podcast. This is a bumper Brexit issue: we’ll be covering the government’s policy on ending free movement for EU citizens, in addition to a healthy crop of cases on EU immigration law while we’ve still got it. There are also some changes to the Immigration Rules on the Points Based System and asylum. We end on how not to get sent to prison by a family court judge. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 25-minute audio podcast follows the running order below: Brexit Government rows back on bonkers plan to end free movement on 31 October Welcome and unwelcome rule changes made to EU Settlement Scheme EU law Court of Justice finds that self-employed women have maternity rights CJEU: expulsion of family members who lose right of residence must still comply with EU law Tribunal finds “centre of life” integration and intention tests irrelevant in Surinder Singh cases Briefing: the status of EU immigration and asylum law after Brexit Business and study migration Statement of changes to the Immigration Rules HC 2631: changes to work visa routes Return of two-year post study work visa announced MAC instructed to ponder points based immigration system Asylum Statement of changes to the Immigration Rules HC 2631: changes to asylum rules
Oct 10, 2019 · 22 min
Immigration update podcast, episode 68
Welcome to episode 68 of the Free Movement immigration update podcast. We’re continuing our review of the summer, with developments to mention in areas as diverse as asylum, litigation costs, citizenship deprivation and human trafficking. We’ll also discuss new visas for scientists and entrepreneurs. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 22-minute audio podcast follows the running order below: Points Based System Boris’s science visa promises ring hollow New Innovator visa attracts just four applicants in first three months Citizenship Student facing death penalty for ISIS membership stripped of British citizenship Trafficking Trafficking victim successfully overturns ten-year-old conviction Asylum Former Taliban recruiter allowed to stay in the UK after being cleared of war crimes Online asylum appeals to be rolled out nationwide in 2020 Asylum seeker not “effeminate” enough to be gay, immigration judge says Costs Government can be liable for costs in Cart type judicial review cases No costs awarded for successful unlawful detention claim Illegal working Migrants working illegally still have employment rights
Sep 27, 2019 · 23 min
Immigration update podcast, episode 67
Welcome to episode 67 of the Free Movement immigration update podcast. As you may have noticed, we’ve been on a rather extended holiday, so we’re going to use this and the next episode to catch you up on what’s gone on in immigration law over the summer. There are a fair few cases to discuss, especially on detention, deportation and asylum. We then have good news to mention on EU law document applications, and some less good news on the procedural front. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 23-minute audio podcast follows the running order below: Detention Court of Appeal demands individual proportionality assessments for EU citizens detained pending deportation Immigration detainees must be given the “true reason” for their detention Detention system continues to discriminate against migrants with mental health problems Asylum Refugee status can be taken away even if threat of persecution still looms Tribunal told to think again on exclusion from refugee status of Iraqi military doctor Home Office ordered to bring Ugandan asylum seeker back to the UK five years after removal Deportation 12 years a litigant: Franco Vomero case returns to Supreme Court Win a deportation appeal? You can still be deported, Court of Appeal holds What does “unduly harsh” mean in deportation cases?
Aug 20, 2019 · 24 min
Podcast: evidence of a “genuine and subsisting relationship”
The way that I tell clients to treat this kind of evidence gathering process is… don’t treat it as an evidence gathering process. It may sound a little corny, but treat it as a celebration of your relationship so far. You’re telling a story to someone of how you met, what you’ve done together, where you’ve been. Imagine that you were explaining the relationship to your gran. Among the requirements for getting a UK partner visa are that “the relationship between the applicant and their partner must be genuine and subsisting”. That two people are in a real and committed relationship might be obvious to themselves and their lawyer, but satisfying a suspicious Home Office official making the decision on the visa application is another matter entirely. As so often in immigration law, the key is getting together the right evidence. In this interview, solicitor Nick Nason talks through the Home Office’s guidance on what constitutes a “genuine and subsisting relationship” and what evidence needs to go in to make sure this particular box is well and truly ticked — while bearing in mind the wider risk of an “evidential arms race” between applicants.
Jul 22, 2019 · 28 min
Immigration update podcast, episode 66
Welcome to episode 66 of the Free Movement immigration update podcast. CJ has just been on a podcasting course and you may notice a few differences this month, including some intro music. This month we start in the Supreme Court with its decision on the Worker Registration Scheme. We then tackle some recent controversies over long residence and passport eGates before running through the latest case law on asylum. A few quick updates on work visas and deportation law follow, and we conclude with appeals law. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 28-minute audio podcast follows the running order below: Worker Registration Scheme Supreme Court finds UK breached residence rights of hundreds of thousands of EU citizens Long residence Does ANY overstaying rule out settlement after 10 years’ long residence? Confusion after Court of Appeal ruling Students Home Office tries to tackle eGates problem that makes short-term study illegal Asylum Helpful case on when failure to claim asylum in a safe country damages credibility Home Office wrong to apply its own Iraq asylum policy instead of country guidance case Court of Appeal quashes clearly unfounded certificate in Albanian asylum claim Tribunal says no to return of fast track asylum appeals Work visas
Jun 14, 2019 · 26 min
Immigration update podcast, episode 65
Welcome to the May 2019 edition of the Free Movement immigration update podcast. This was a mercifully quiet month in immigration law, for a change, but there’s still a few decisions from the Court of Appeal to be aware of — particularly on asylum and trafficking — as well as an important process change for Zambrano applicants. There’s a useful judgment on damages for unlawful detention from the European Court of Human Rights and a new Shortage Occupation List coming in, and we also chat about the EU Settlement Scheme and the new Immigration Services Commissioner. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 25-minute audio podcast follows the running order below: Asylum Split Court of Appeal finds asylum seeker age assessment policy unlawful Afghan country guidance decision remitted following statistical error Refugees can lawfully be deprived of status under EU law Zambrano cases Big Home Office policy change: Zambrano carers need to make a human rights application first Business immigration One in ten jobs eligible for work visa priority in proposed new Shortage Occupation List Unlawful detention European Court of Human Rights awards substantive damages for breach of detention policy Settled status Praise for EU settled status scheme following review of pilot phase MPs demand settled status backstop for EU citizens after Brexit Trafficking Court of Appeal overturns decision to prosecute victim of trafficking OISC
Jun 3, 2019 · 19 min
Podcast: the good character citizenship test
The Home Office processed around 166,000 applications for British citizenship last year. Most are granted, but some are refused. The most common reason for refusal is failing the ‘good character’ test. Almost 4,000 bids for citizenship were rejected on this ground last year. That makes up 40% of all refusals, or 2% of all decided applications (successful or unsuccessful). The requirement that a would-be British citizen be “of good character” is set out in the British Nationality Act 1981, but the law itself does not define the term. The Home Office has a wide discretion in setting the test and publishes detailed guidance on how it is applied. In this short interview, John Vassiliou of McGill & Co Solicitors talks through the fundamentals of the good character test and the changes made to it earlier this year, including on overstaying, illegal entry and children.
May 20, 2019 · 26 min
Immigration update podcast, episode 64
Welcome to the April 2019 edition of the Free Movement immigration update podcast. This month we start with a big Court of Appeal decision on “paragraph 322(5)” tax cases and the state of play on the new business visas. There’s just one asylum judgment to review, but several on deportation and detention. We’ll then look at some immigration appeals law and some non-Brexit EU law before finishing on the compensation scheme for victims of the Windrush scandal. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 25-minute audio podcast follows the running order below: Paragraph 322(5) Major judgment finds Home Office policy of ejecting migrants over tax discrepancies “legally flawed” Business immigration Appendix W guidance published Early warning signs for new innovator visa route as endorsements hard to come by Comment: urgent rethink needed on UK’s visa for global entrepreneurs How to invest: Court of Appeal gives important guidance to entrepreneurs Asylum Gay men from Albania can relocate to capital Tirana says tribunal Deportation Yet more guidance on automatic deportation Important new judgments on KO (Nigeria) case and removing migrants with children in the UK Detention
May 14, 2019 · 28 min
Podcast: EU settled status
The EU Settlement Scheme is well underway, with 600,000 European citizens and their families having now applied to stay in the UK after Brexit. The scheme appears to have lived up to its billing insofar as the Home Office is looking to grant people settled status rather than refuse it. Officially, there have been zero refusals in the 188,000 cases decided by mid-April 2019. It does seem wildly unlikely that a 100% grant rate will be sustained in the long run. There have been well-documented teething troubles for individual applicants, and the number of people who will ultimately slip through the cracks by failing to apply at all remains a major concern. For now, we are doing all we can to help European citizens and their advisers to navigate the scheme. Resources include blog posts, YouTube videos and a full ebook (updated edition coming soon). It seemed a shame not to add a podcast to the list, so we thought we’d use that format to address some common issues with the settled status process. I sat down with Chris Benn of Seraphus Solicitors. On the agenda was: * Submitting additional documents as proof of UK residence* What evidence is acceptable?* Where to find the list of acceptable evidence (the two sources mentioned in the podcast are here and here)* Upload limits* Children’s applications* Do children of EU citizens have to apply? (Spoiler: yes, if not British or Irish)* Linking a child’s application to their parent’s* Reader FAQs* Can an adviser use their own contact details for multiple applications? (Spoiler: yes)* If I have a permanent residence card already, do I have to upload it? (No)* What can I prove with my decision letter? (Nothing)* What happens when my passport or ID document expires? (You’ll have to tell the Home Office) The podcast weighs in at 28 minutes. Listen to us in your browser by clicking play at the top of the page, download it here, or find it on iTunes here and Stitcher here.
Apr 12, 2019 · 27 min
Immigration update podcast, episode 63
Welcome to the March 2019 edition of the Free Movement immigration update podcast. This month we start with a couple of High Court victories by NGOs before turning to some significant developments in business immigration. There’s also been some movement in asylum law which we’ll review before looking at some new cases concerning appeal rights and children. We finish on developments in the wonderful world of immigration detention, including the damning Home Affairs committee report castigating the whole business. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 25-minute audio podcast follows the running order below: Right to Rent High Court finds Right to Rent checks discriminatory in landmark judgment Removal windows Judge suspends Home Office removal window policy Business immigration New innovator and start-up visas launch today — but is anybody ready? Home Office changes tack on “professional sportsperson” definition Asylum Supreme Court has to remind tribunal self inflicted torture inherently unlikely
Mar 15, 2019 · 32 min
Immigration update podcast, episode 62
Welcome to the February 2019 edition of the Free Movement immigration update podcast. This month we start with a quick discussion of deprivation of citizenship in the context of the Shamima Begum case before tackling some of the case law on asylum (in particular Sri Lanka for some reason). Then to legal aid, where there’s good news for practitioners seeking to backdate a certificate but the government confirmed that the major cuts to legal aid of recent years will remain in place. We then touch on a couple of cases about taking an asylum appeal before looking to Brexit (now T-minus a couple of weeks). Finally, a quick mention for some new research from us on Home Office enforcement of right to work fines. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The downloadable 25-minute audio podcast follows the running order below: Nationality The Home Secretary can legally deprive Shamima Begum of her citizenship – but he shouldn’t Asylum Immigration judge tried to change his mind after granting child’s asylum appeal How to use the new country guidance case on Iranian Kurdish asylum seekers Don’t forget about Article 8 in asylum cases Dublin III family reunion for refugees who have become British citizens Anonymous war crimes evidence against Sri Lankan government does not create a risk of persecution Asylum judges can second-guess Sri Lanka country guidance Legal aid Some relief for legal aid lawyers as government concedes payment for backdated work Immigrati...