Free Movement

In our December 2023 round up, Colin and Sonia discuss the latest developments with Home Office evictions and withdrawals, as well as the new Rwanda legislation. We also cover the government's five point plan to reduce net migration as well as the latest case law and Tribunal statistics. Asylum (01:00) What is in the Safety of Rwanda (Asylum and Immigration) Bill? “These guarantees already existed”: the UK's new treaty with Rwanda Home Secretary must set out plan to eliminate use of hotels for lone refugee children Refugees can now claim Universal Credit without a biometric residence permit Asylum withdrawals guidance amended to halve time given to explain non-attendance at interview   Family immigration (19:03) Objective evidence must be considered when deciding “very significant obstacles” to integration In-country settlement applications for children and the different sole responsibility requirements What happens when relationships breakdown on the Hong Kong British National (Overseas) route?   General immigration (22:34) Statement of changes HC 246: rules finally amended to provide for victims of transnational marriage abandonment Supreme Court dismisses appeals in validity and continuous residence case Government attack on families as minimum income requirement to rise to £38,700 What should UK employers make of the government's five-point plan to reduce immigration?   EU settlement scheme (31:45) Article 8 not automatically engaged by a refusal under the EU settlement scheme Home Office unaware of the extent to which ‘mystery' stamp has been used to grant entry to UK in error   Citizenship (34:55) Deprivation of British citizenship without advance notice is lawful, says Upper Tribunal   Procedure (36:55) Court of Session agrees restricting judicial reviews of the Upper Tribunal is lawful Outstanding immigration tribunal appeals up 20% to 31,000 Court of Appeal: raising an entirely new issue in a determination for the first time is unfair   Detention (40:32) Home Office criticised by High Court for “five very concerning features” of detention case Are safeguards from the harm caused by immigration detention working?   Updated articles (43:16) What is the no recourse to public funds condition?   Free Movement (44:00) New OISC Level 2 training course in immigration and asylum law now available to members

Our November roundup is here, where Colin and I cover the latest asylum and trafficking statistics, changes to the way late applications to the EUSS are treated, questions the SRA still hasn't answered, a couple of articles on Palestinians as well as quite a lot of case law. Policy (00:45) Assessing Braverman's legacy as Home Secretary: Part Deux   Asylum (02:10) Latest statistics show huge increase in rejections of late EU settlement scheme applications, no evidence that Rwanda has impacted Channel crossings Briefing: four looming problems in the UK asylum system and how to address them Permission granted in challenge to rejection of Albanian asylum claim Returning a refugee to persecution must be a last resort India and Georgia to be added to the list of ‘safe' countries Gaza: what is the UK doing to rescue British citizens and their family members? Damages claim for asylum delay dismissed by Court of Appeal Upper Tribunal failed to properly assess whether error of law was material in asylum appeal   Immigration (16:10) Court of Appeal tells Home Office to reconsider “plainly wrong” decision on Turkish business person application Deception case returned to the Upper Tribunal after material error of law made Making sense of sole responsibility for child visas in immigration law   Deportation (19:10) Court of Appeal says deportation of mother of British child not “unduly harsh”   Nationality (20:45) Court of Appeal dismisses appeal on interpretation of nationality law   Trafficking (21:55) Latest trafficking figures show benefit of change in Home Office policy The UK must improve labour market enforcement in order to tackle exploitation of workers Increasing numbers of sponsored migrant workers are being exploited in the UK   EU Settlement Scheme (26:05) Important changes to the way late EUSS applications are treated Court of Appeal dismisses government appeal on access to benefits for people with pre settled status   Procedure (28:38) How to become an OISC level 2 adviser Government should not routinely remove names of civil servants in judicial review disclosure Guidance in Begum on deprivation decisions is not restricted to national security cases Solicitors Regulation Authority has questions to answer about their “warning” to immigration solicitors Late evidence from the Home Office can be admitted in an appeal where the appellant was aware of it   Updated article (34:30) Briefing: Article 1D of the Refugee Convention and Palestinian refugees

Our October immigration round up is here and we have also included discussion of the Supreme Court's decision in the Rwanda litigation. As well as that, Colin and Sonia covered everything from fishing to legal aid shortages via eSports, medico-legal reports, public funds and the shortage occupation list. We're still not entirely sure that either of us are pronouncing "refoulement" properly. Timestamps are below, the link to the quiz will be included when we post about this episode on Free Movement. Rwanda (00:58) Supreme Court finds Rwanda is not a safe country to which refugees can be removed Reflections on the Supreme Court's Rwanda judgment Blog news (10:15) Free Movement 2023 reader survey results   Asylum (12:55) High Court success in challenge to move of highly vulnerable asylum seeker away from his support network  Over half the people seeking asylum are now unable to access a legal aid lawyer  Safe Passage report: the case for safe routes  What is a medico-legal report?  Medico-legal reports: how to instruct and common mistakes to avoid   New asylum processes set up on disputed territory of Diego Garcia Court of Appeal gives guidance on sentencing for small boats prosecutions Fairness in safe third country removals: the Court of Appeal's judgment in Asylum Aid's case   Policy (25:35) Migration Advisory Committee recommends shortage occupation list is abolished     Immigration (28:54) The effect of the Nationality and Borders Act 2022 on the fishing industry Home Office concedes latest challenge to no recourse to public funds policy Do foreign gamers need a visa to play competitive eSports in the UK?   TLScontact in unsuccessful challenge to new Home Office contract     Nationality (37:32) Court of Appeal upholds deprivation of citizenship decision    Updated articles (38:55) What are the 10 and 20 year rules on long residence?  Briefing: what is the law on deporting foreign criminals and their human rights? 

This week, The Bureau of Investigative Journalism published an article on the exploitation of people in the seasonal agricultural workers scheme. It is a must read, and you can find it here: https://www.thebureauinvestigates.com/stories/2023-10-22/all-that-is-missing-is-a-whip-home-office-ignored-migrant-worker-abuses-on-farms In this podcast, Jamila Duncan-Bosu of the Anti-Trafficking and Labour Exploitation Unit discusses how the scheme facilitates exploitation, the barriers to people raising complaints about their treatment, and what the government can and should be doing about it.

Our September roundup is here, featuring the latest statement of changes and new parts of the Illegal Migration Act 2023 being brought into force. We also discuss the Brook House inquiry, the Rwanda litigation, new immigration fees and illegal working fines and have an impromptu book club. Timestamps are below, the link to the quiz will be included when we post about this episode on Free Movement. Policy (00:40) Home Office accounts show additional £3 billion unbudgeted asylum expenditure Will the Illegal Migration Act stop the Home Office raid on international aid funds? Theresa May even now doesn't understand why the Windrush scandal happened India Free Trade Agreement: negotiators should prioritise time and cost ahead of more visas   Asylum (07:50) The Rwanda litigation: who is arguing what in the Supreme Court? LGBT+ people face persecution and are no less deserving of protection Age assessments: how to challenge a negative decision Home Office to start non-therapeutic scientific testing on children First-tier Tribunal finds that UN Agency is unable to provide protection and assistance to a severely disabled Palestinian child Safe routes for refugees: how does it work in Spain? Court of Appeal quashes conviction of person trafficked in the UK as a child   Detention (21:00) Illegal Migration Act 2023: expanded detention powers to be brought into force Brook House: racist, violent and dangerous   Immigration (27:50) Statement of changes HC 1780: restrictions on administrative review and expansion of Youth Mobility Scheme Home Office redacts over a hundred sections of new report on insider threat to Border Force New immigration application fees from 4 October 2023 New illegal working fines will not stop Channel crossings but will bankrupt small businesses   Updated articles (35:00) How to apply for a UK spouse or partner visa Refugee family reunion: a user's guide General grounds for refusal: criminal convictions, public good, character, conduct and associations Immigration rules for visitors to the United Kingdom What is the difference between refugee status and humanitarian protection? What is the no recourse to public funds condition?

Here is our August roundup, and the first podcast with Sonia both leading and at the editing helm (eek!). This month we cover statistics, illegal working fines, asylum support, homeless refugees, adult dependent relatives and some EUSS updates. Following feedback from our reader survey, we have included timestamps below. We will also link directly to the quiz when we post on Free Movement about the podcast. Policy (01:00) Journalists perform a public service in exposing dodgy lawyers. But… Twitter, Musk's X, Threads, social media and Free Movement Look closer: our summary of the latest Home Office statistics Tripling maximum illegal working fines for employers to £45k per worker is a terrible idea   Asylum (10:14) Home Office change in practice increases risk of homelessness for recognised refugees More delays, more refusals, no ‘bad faith': the latest trafficking statistics What next for evacuated Sudanese nationals? Is the Home Office unlawfully treating asylum claims as withdrawn? High Court demands radical change to Home Office asylum support ‘Systematic and routine' use of hotels for unaccompanied asylum-seeking children is unlawful   Family (26:00) Getting an adult dependent relative visa is hard but not impossible   EU (28:29) Who qualifies as a “durable partner” under the EU Settlement Scheme? Post-Brexit spouses aren't protected by the Withdrawal Agreement, Court of Appeal confirms   Work routes (30:00) What is the immigration skills charge? How to apply for a religious work visa   Immigration (31:30) No Windrush compensation for man whose ILR lapsed while imprisoned abroad How do I become an OISC adviser? Updated articles (35:50) General grounds for refusal: alleged deception, false information and innocent mistakes How to apply for a UK Expansion Worker visa What are the financial requirements for UK spouse and partner visas? How to make a complaint to the Home Office

We are a bit behind the times this month, catching up from the summer. This time Sonia and I cover not one but two statements of changes, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a load of cases, including one from the Supreme Court on Palestinian refugees. Statement of changes Statement of changes HC 1715: visa regime imposed on Dominica, Honduras, Namibia, Timor-Leste and Vanuatu Statement of changes HC 1496: asylum, EU Settlement Scheme, and restrictions on students Asylum The Illegal Migration Act 2023: what has changed? Briefing: why and how is the Home Office treating more asylum claims as “withdrawn”? What safe and legal routes are available for refugees to come to the United Kingdom? OISC OISC amends judicial review practice note to prevent advisers conducting litigation EU New law confirms British citizenship for children of EU citizens born in UK before 2 October 2000 How does absence from the UK work under the EU settlement scheme? A glitch or a feature? Systemic problems with digital proof of immigration status Immigration Massive increases to immigration fees announced Briefing: the rules on returning residents with indefinite leave to remain (ILR) Points Based System How to apply for a Global Business Mobility: Secondment Worker visa Cases Supreme Court finds exclusion of Palestinians from resettlement scheme not unlawful Asylum seekers don't need ‘direct evidence' they're being covertly monitored ‘Minded to cancel' process applies to dishonesty allegations at the UK border Airport detainee wrongly denied a solicitor in immigration interview Upper Tribunal reminds parties to identify the issues in an appeal Tribunal must consider Home Office decisions in full even when not explicitly relied on by representative High Court rejects challenge to EU Settlement Scheme dependency rules for children Upper Tribunal rules post-Brexit Zambrano appeals can continue Home Office withdraws objective evidence test for trafficking decisions

This month Sonia and I discuss the Rwanda judgment (we're saving that to the end as our good news story), a couple of fairly lengthy immigration and asylum history blog posts I've been working on for  a while, several asylum developments and also our Refugee Week content, some procedural updates, a bunch (carousel?) of cases and a few other things too. There's quite a lot to go over, so we're just highlighting some of it rather than going into much depth. The podcast follows the running order below. A short guide to the legal position and history of the Windrush generation A short history of refugees coming to Britain: from Huguenots to Ukrainians Last traces of Nationality and Borders Act 2022 erased with abandonment of “differentiated status” for refugees Data shows Ukrainians in the UK continue to face homelessness crisis Is Rishi Sunak's “Stop The Boats” plan really working? Rwanda impact assessment looks hopelessly optimistic United Nations Refugee Agency identifies problems in asylum screening processes Briefing: the state of the UK asylum system    What is the legal definition of a “refugee”? Should refugees claim asylum in the first safe country they reach? Preparing foreign language witness statements So-called mandatory grounds for refusal will not always be mandatory Briefing: the Seasonal Worker visa Reaction economy: the Home Office's use of social media Will I need Electronic Travel Authorisation to enter the UK? Briefing: what is the Common Travel Area and how does it work? New country guidance on Democratic Republic of the Congo Scottish inquiry finds immigration detention centre death was avoidable Supreme Court finds golden visa scheme unlawful Trafficking victims wrongly denied financial support in lockdown Court declines to take legal guardianship of refugee children missing from hotels Court of Appeal finds Rwanda plan unlawful as Rwanda is not a safe third country

This month Sonia and I start with the Big Free Movement News (spoiler: Sonia is joining the team as the new Editor) and then cover a bunch of visa news and updates, a load of case law and several policy developments. If you are a lawyer and would like to prove to your regulator you are keeping yourself up to date, make sure you remember to take our monthly course and quiz.

This month we talk more about the Illegal Migration Bill and its potential consequences, the right way to go about tackling the asylum backlog, Colin's suggestion of a new British Citizenship Act, the resumption of hostile environment bank account closures, we run through a load of cases and end by talking about some business immigration issues.  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 well 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 on Anchor, iTunes, Spotify, Stitcher or by pointing 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. The podcast follows the running order below. How does the Illegal Migration Bill breach the Refugee Convention? Illegal Migration Bill: helping force refugees into illegality and danger Could ‘safe and legal routes' stop the boats? If the Illegal Migration Bill is unworkable, what can the government do instead? Amendments to the Illegal Migration Bill attack basic legal rights and processes Two ways to address the asylum backlog and improve access to justice It is time for a new British Citizenship Act for the post-Brexit era Home Office resume bank account closures High Court rejects challenge by Afghan families to hotel move High Court dismisses challenge to family reunion rules for refugee children Judicial Review and Courts Act 2022 ouster clause found effective Court of Appeal re-affirms restrictive parameters of domestic violence provisions in immigration rules Exceptional circumstances in a spouse or partner visa application under Appendix FM How to apply for a Senior or Specialist Worker visa Reporting hybrid working patterns: new sponsor obligations Visit visa operations are “refreshingly well run”

For this month's roundup podcast, Sonia and I manage to rattle through a huge volume of updates in a mere 36 minutes. We cover a load of cases, some important asylum policy updates and then several developments in immigration law as well. We're sorry it is a little later than usual; the Easter holidays intervened. And I am sorry if you can hear scaffolders poles bouncing off the pavement outside the block of flats opposite my house... If you are a lawyer and 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 well over 100 CPD hours of training materials available to members. You can find all the available courses here. The 30-minute podcast follows the running order below. Permission granted on additional grounds in the Rwanda case in the Court of Appeal Court of Appeal emphasises absence of corroboration is not fatal in asylum cases Court of Appeal dismisses appeal against criminalising small boat arrivals Legal challenges against GPS tagging for people on immigration bail High Court considers how the loss of work may engage article 8 No recourse to public funds policy found unlawful (again) “High hurdle” for hotel accommodation challenges? Refusals of naturalisation on good character grounds can only be challenged by irrationality Amended data protection exemption for migrants declared unlawful UK spends one third of international aid budget on domestic asylum costs Are the new asylum questionnaires fit for purpose? Assisting with the new asylum questionnaires: OISC Level 1 caseworkers and volunteers Home Office publishes guidance on streamlined asylum processing for children Home Office's approach to family reunion applications condemned by immigration inspector Borders Inspector “frustrated” by lack of action from Home Office New statement of changes to the Immigration Rules HC1160 Spring budget migration announcements New ‘Appendix Adult Dependent Relative' to the immigration rules  All families matter: An inquiry into family migration  Government Authorised Exchange: one visa, 40 options 

Colin Yeo and Sonia Lenegan discuss the Illegal Migration Bill. They talk through what is in it, what will it do, how is it intended to work, whether it is compatible with international law and what effects it might have in reality.

This month Sonia and I talk a bit about denaturalisation generally and the case of Shamima Begum specifically, we cover the new streamlined asylum process and a few other asylum-related blog posts and then we run through a few cases. We manage to keep things a bit shorter than normal, but watch out for our coverage of the Illegal Migration Bill, which will be available separately. The 30-minute podcast follows the running order below. Denaturalisation Security tribunal finds Shamima Begum was trafficked but she loses anyway Book review: Stephanie DeGooyer's Before Borders: A legal and literary history of naturalization Bad cases make bad law: the unintended consequences of denaturalising bad guys Deception and denaturalisation: seek and you shall find Asylum Latest asylum stats show the Home Office failing on all fronts New streamlined asylum process Does 10 year ‘temporary refugee protection' status breach of the Refugee Convention? New policy: temporary permission to stay for victims of human trafficking Trafficking victims should get leave during their asylum claim Cases Immigration officers don't have to corroborate your story No damages for unlawful no recourse to public funds policy Differential treatment of Ukrainian and Afghan applications justified on national security grounds Not all procedural errors need to be remitted says Upper Tribunal More bad news from the Upper Tribunal for extended family members of EU citizens

This month Sonia and I talk through various government policies all about being horrible to migrants. It's a seemingly inexhaustible vein. Indeed, there aren't many (any?) government immigration policies NOT about being horrible to migrants. We then move on to discuss a few different nationality law issues, including the mind-boggling case of Roehrig, which appears to have effectively denaturalised tens of thousands of British citizens at a stroke. Finally, we turn to some important but rather technical updates for the lawyers amongst you. 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 well over 100 CPD hours of training materials available to members. You can find all the available courses here. Government policy The misguided allure of deterrence policy Adults at risk in immigration detention annual report scrapped after highlighting inadequacies (mention) High Court orders Home Secretary to immediately increase asylum support rates (mention) Is it time for the UK to change its stance on asylum seekers working? (mention) Operation Warm Welcome cools: over 9,000 Afghans still in temporary accommodation (mention - and update with new news on this) Legal aid for asylum seekers is broken Will in-country visa delays have long-term consequences for economic migration? (mention) A modest proposal for reforming the immigration system: shorten key immigration routes Nationality Revised guidance on section 4L British Nationality Act 1981: the Romein principle The reasonably foreseeable consequences of depriving someone of British citizenship High Court casts doubt on British citizenship of children of EU citizens For lawyers... “Upgrading” a visa application you have already made Permission needs to be properly sought for video link evidence from abroad Case disposed of in error after Secretary of State fails to comply with court directions Is Chikwamba still relevant? Durable partner rules dumbfound the Upper Tribunal Identifying litigation friends for vulnerable migrants

Colin and Sonia take a look back at 2022 and ahead to 2023 as well as covering the immigration updates from December 2022. Looking back, they talk about small boat crossings, the Ukraine and Hong Kong schemes, the impact (or lack of) the Nationality and Borders Act 2022, the Rwanda judgment, the asylum backlog and the net migration figures. Looking to the future they cover Rishi Sunak's asylum plan, whether the Home Office can cope, the prospect of yet more legislation and the ideas for immigration restrictions on families, students and workers floated via The Times over the Christmas break. Finally, they cover several litigation developments for lawyers from December 2022 and end by discussing to big cases for EU citizens with pre settled status. Phew. Looking back and ahead Free Movement review of the year 2022 Rishi Sunak announces new new plan for asylum Has Sunak's bank account closure plan killed off the Windrush Lessons Learned Review? High court rules Rwanda plan is lawful When will there be another Rwanda removal flight? Litigation What is the duty of candour? Social media and the duty of candour in age assessment proceedings False imprisonment claimant punished for failing to negotiate Tribunal quarterly statistics: 54 week waiting time for asylum appeals and 26,000 cases outstanding Five million pound investment to increase the number of days tribunals operate EU citizens Win for Pre-Settled Status holders accessing benefits High Court finds EU Settlement Scheme breaches the Withdrawal Agreement

This month, Colin and Sonia mainly talk about an avalanche of asylum related news, law and updates. It's not all asylum, though, there's also some blog posts to go over on Comprehensive Sickness Insurance, third party support in spouse applications, marriages in durable partner cases, the opening of the citizenship route for Chagossian descendants and a Solicitor Regulation Authority report on immigration lawyers. They end by discussing a couple of opinion pieces Colin published, on whether the Home Office should be abolished and whether strategic litigation does more harm than good. The blog posts covered include: What are ‘short term holding facilities' like the Manston refugee camp? Briefing: What is Article 1D of the Refugee Convention? How does the asylum ‘white list' work and what does the government plan to change? Asylum backlog hits 150,000 and net migration hits 500,000 Understanding the Home Office's problem with asylum decisions Appendix Settlement Protection: indefinite leave to remain for people granted refugee status or humanitarian protection Reducing distress when working with children in the asylum process Record high referrals for potential victims of modern slavery The refugee reception crisis in the UK mirrors the situation on the continent Failed asylum seeker's false identity conviction quashed Home Office breaches the duty of candour in mobile phone seizures case Home Office guidance update: the NHS and comprehensive sickness insurance for EEA nationals Developments in third party financial support for spouse or partner visa applications Post-Brexit marriages in durable partner appeals New route to British citizenship for people of Chagossian descent Solicitors Regulation Authority publishes new guidance for immigration work: supervision, quality, and complaints Should the Home Office be abolished? Strategic litigation: more harm than good?

Welcome to the October 2022 episode of the Free Movement immigration update podcast. This month, Colin and Sonia talk politics, asylum, the statement of changes to the immigration rules and case law. The episode is a bit longer than usual as there was a lot going on! Politics Braverman attacks modern slavery victims and student families Assessing Braverman's legacy as Home Secretary How much influence does the media have over the hostile environment? Home Office hotels not fit to house unaccompanied child asylum seekers Indefinite leave to remain applications under Appendix FM: slow, expensive and inaccessible Asylum Why has the asylum success rate gone up so much in recent years? Are people crossing the Channel in small boats doing anything illegal? Putting small boat crossings in perspective Ukrainians in the UK face a homelessness crisis and the government needs to act now What's happening in the Rwanda legal challenges? Statement of Changes New statement of changes to the Immigration Rules: HC 719 (Afghanistan, Ukraine, and victims of trafficking) Statement of Changes HC 719: Ukraine Extension Scheme Statement of Changes HC 719: Appendix EU and Appendix EU (Family Permit) Statement of Changes HC 719: Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery Case law Introducing proportionality assessments into marriage of convenience cases Lack of route for victims of transnational marriage abandonment is unlawful, High Court finds Home Office to review policy on timing of applications after single father's right to work limbo Applicants from Afghanistan may not need to enrol biometrics at the time of an application Court of Appeal quash trafficking victim's 2009 conviction

Welcome to the September 2022 episode of the Free Movement immigration update podcast. This month Colin is joined again by “immigration lawyer about town”, as she put it, Sonia Lenegan. She is in danger of becoming a co-presenter if she carries on like this... Amongst other things, they discuss Albanian asylum claims, age assessment, military conscription and asylum, Windrush and an important update to the guidance on good character in British citizenship applications. 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 well over 100 CPD hours of training materials available to members. You can find all the available courses here. The 30-minute podcast follows the running order below. Asylum and human rights Grand Chamber finds France breached the European Convention of Human Rights Why are so many Albanian asylum claims succeeding if the country is so “safe and prosperous”? Government lawyers confirm that the Albanian “fast track” removal scheme will not apply to asylum seekers New critique of Home Office country information on Albanian blood feuds Major European judgment on age assessment process Would Russian men fleeing conscription qualify as refugees? Amendments to the Windrush Compensation Other important stuff Dependency under EU law: education as an essential living need Guidance update: good character in nationality applications Economic migration How to apply for a Temporary Work – Creative Worker visa Employers take note: all change for right to work checks from 1 October 2022

Colin and Sonia have a short chat about what's going on with immigration and asylum policy right now. With Truss and No 10 saying one thing and Braverman and the Home Office saying something very different, what should we make of it all? Are we going to have more students or less? Encourage skilled workers or reduce net migration? Cut unskilled migration or expand the Seasonal Agricultural Workers Scheme? We thought we'd separate out a general discussion about politics and policy this month from the normal update, to try and keep the podcast short and snappy. We'll be back early next week with the normal update covering substantive legal developments from September 2022.

Welcome to episode 104 of the Free Movement immigration update podcast. This month Colin is joined by "immigration lawyer about town", as she puts it, Sonia Lenegan. Taking pity on Colin after his solo effort last month, Sonia is the legal and policy director at Rainbow Migration, a consultant solicitor at Saltworks and a volunteer at Asylos and the Unity Project. She previously worked at Hackney Law Centre and as the legal director at the Immigration Law Practitioners Association. Our discussion is a bit more free ranging than for past update episodes and we run to just over 40 minutes. We discuss the change of Home Secretary, the direction of government immigration policy, some changes in policy and new visas and go through the latest case law. Let us know in comments or by email what you think of the slightly different approach. 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 well 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 on Anchor, iTunes, Spotify, Stitcher or by pointing 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 podcasts click here.

Welcome to episode 103 of the Free Movement immigration update podcast. This month — the first in something like five years with no CJ McKinney — I'm starting with some material on asylum and trafficking then quickly going over a bit of immigration and nationality history and why it matters today, before moving onto various bits of Home Office news and then ending with a couple off items on deportation and foreign national offenders. 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 well 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 on iTunes, Spotify, Stitcher or by pointing 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 podcasts click here.

The immigration system has been through a lot since I started covering it for Free Movement five years ago. In September 2017, the UK was still in the two-year countdown to leaving the European Union, and there were even doubts about whether it would happen at all. The EU Settlement Scheme was still a twinkle in the Home Office's eye, and instead of the exciting post-Brexit points-based immigration system we had a boring old... points-based immigration system. But while the basic architecture of the visa system remains largely the same, lots of the details have changed. Gone are the Investor and Entrepreneur routes, while in have come a host of new or (more commonly) rebranded visas: Innovator, Graduate, Global Talent, High Potential and Seasonal Worker. The flagship Skilled Worker route is now much easier to recruit into than Tier 2 (General) ever was, and visa issuances to non-Europeans have soared. That's led to a recent narrative that immigration has actually risen since Brexit -- although as Peter William Walsh of the Migration Observatory points out, this theory is somewhat lacking in key epistemic features, such as being true. I spoke to Peter, Colin and business immigration guru Nichola Carter for a valedictory podcast looking back at the big themes and trends of the past five years in UK immigration, including Brexit, Windrush and Rwanda.

Welcome to episode 102 of the Free Movement immigration update podcast. This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications, and conclude with Rwanda. 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. The downloadable 29-minute podcast follows the running order below. Timestamps indicate when a particular section begins. Borders Act When is the Nationality and Borders Act 2022 coming into force? Detailed policy on differential treatment of refugees announced Humanitarian protection is being downgraded from 28 June 2022 Human rights (7.50) New guidance on private life and family relationships Judge takes “points based system” a bit too literally Appendix FM (10.44) Free family visas: the entry clearance fee waiver policy Whether income is “lawfully derived” to be assessed case by case, Upper Tribunal holds Deportation (15.16) Supreme Court allows foreign criminal deportation case Foreign convictions in deportation appeals Challenge to “deport first, appeal later” process rejected Zambrano (23.08) No change to settlement rules for Zambrano carers despite Akinsanya judgment Rwanda (25.05) Home Office plans second flight to deport asylum seekers to Rwanda How to respond to Rwanda removal notices

Comprehensive Sickness Insurance continues to hang over the heads of many EU citizens who, over the years, were told that they needed private health coverage for their residence in the UK to be lawful. The UK government's insistence on this was always legally controversial, but it took until after Brexit for the EU Court of Justice to rule (in a case referred to it just before the UK's departure) that CSI was not in fact required. What are the implications of the ruling for EU citizens affected by the supposed CSI rule over the years? People were denied benefits, British citizenship and even protection against criminal deportation — not to...

Welcome to episode 101 of the Free Movement immigration update podcast. This month we start with some great news on fees, then some updates on the new Borders Act before turning to Rwanda and asylum more broadly. We have a quick check-in on business immigration and end on the latest with detention and bail. 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...

In the States, they're known as “Dreamers”. Children and young people who grow up perfectly integrated, only to find out that — through no fault of their own — they're actually unauthorised migrants. Here in the UK, children who are British in every sense but legal can at least regularise on the basis of long residence: seven years for under-18s, or half their life for those aged 18-24 inclusive. Securing immigration status under these “private life” rules is only the beginning: they still have to serve a probationary period of ten years before being able to apply for indefinite leave to remain and come out of the immigration system altogether....

Welcome to episode 100 of the Free Movement immigration update podcast. This month we've got some pretty major asylum stuff to go over plus quite a few different topics, including compensation for unlawful removal, the unending saga of the English language tests, new immigration fees, changes to work visas, a big case from the Upper Tribunal on expert evidence and a rather unusual case in the Court of Appeal on deportation. 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 Nationality and Borders Act 2022 hit the statute books yesterday. The Home Office says that the Act “puts into law that those who arrive illegally in the UK – who could have claimed asylum in another safe country – can be considered as ‘inadmissible' to the UK asylum system”, and so removed to Rwanda under plans announced just before Easter. In fact, as Jon Featonby tells me on the latest episode of the podcast, inadmissibility provisions authorising removal to Rwanda are already part of the Immigration Rules: 345C. When an application is treated as inadmissible, the Secretary of State will attempt to remove the applicant to the safe third...

Welcome to episode 99 of the Free Movement immigration update podcast. This month we start with statements of changes to the Immigration Rules on Ukraine, ten-year routes to settlement and the suite of new business visas. I then try not to get too cross about Comprehensive Sickness Insurance before turning to cases on small boats, the Home Office's duty of candour (hah!) and human trafficking. We finish on the latest deprivation of citizenship statistics. 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...

The Office of the Immigration Services Commissioner is changing. For one thing, there will soon be no office — or at least, not a physical one. The OISC is ditching its London headquarters and going fully remote, as well as regional. From 1 April, its staff will be assigned to a particular patch and told to get out into the community to find out what's going on in the immigration advice world. The Immigration Services Commissioner, John Tuckett, wants a more “proactive” regulator that strikes a better balance between its two core functions: regulating OISC advisers and stamping out the illegal activities of unregulated ones. Regulation will be less prescriptive,...

Welcome to episode 98 of the Free Movement immigration update podcast. This month we've got a load of different topics to cover, from fees, investor visas and CSI to asylum, age assessments and appeals. 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 on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage...

Closing the Investor visa route to new applicants with immediate effect was necessary, the Home Secretary said this week. If potential applicants had been given a decent period of notice, it might have attracted a last-minute flood of undesirables who “may not comply with the requirements of the Immigration Rules or who may pose national security risks”. To which Sophie Barrett-Brown and Hazar El-Chamaa, my guests on the podcast this week, respond: why would you be granting visas to people who don't qualify or threaten national security? The Home Office had plenty of existing powers to turn away applicants who can't prove their money is clean or who seem that...

Welcome to episode 97 of the Free Movement immigration update podcast. This month we cover quite a few different asylum issues, a bit on visas for social care workers, EU rights, marriages of convenience and finishing on the hot topic of citizenship deprivation. 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 on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement....

One of the Home Secretary's more startling powers is to take people's British citizenship away where they acquired it by fraud or it is “conducive to the public good”. In the latter case, losing citizenship often amounts to exile in the interests of national security: the tactic is to wait until the person is abroad before making the deprivation order. Under the Nationality and Borders Bill, the person need not be told about the order at all. The Home Office tells us that this power is used “sparingly”. Between 2010 and 2018, “only around 19 people a year were deprived of their citizenship on ‘conducive to the public good' grounds”....

Welcome to episode 96 of the Free Movement immigration update podcast. This month we're covering December 2021 and we'll go over some EU rights issues, a bit on deportation, a bit on asylum, touch on human rights and address some fascinating procedural issues of 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 on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for...

Welcome to episode 95 of the Free Movement immigration update podcast. This month we cover some developments on EU citizens' rights, several cases on immigration appeals, the latest work visa statistics, and then a few court and tribunal judgments on asylum, human trafficking and deportation. Our thanks to Iain Halliday who ably stands in for Colin this month. 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...

Welcome to episode 95 of the Free Movement immigration update podcast. This month we cover some developments on EU citizens' rights, several cases on immigration appeals, the latest work visa statistics, and then a few court and tribunal judgments on asylum, human trafficking and deportation. Our thanks to Iain Halliday who ably stands in for Colin this month. 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...

Welcome to episode 94 of the Free Movement immigration update podcast. This month we kick off with some human rights developments and some fairly consistently good news on asylum (which is nice for a change). There are quite a few business immigration issues to run over quickly before we turn to developments in the English Channel and the international law of the sea for a nice, depressing ending… 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....

Welcome to episode 94 of the Free Movement immigration update podcast. This month we kick off with some human rights developments and some fairly consistently good news on asylum (which is nice for a change). There are quite a few business immigration issues to run over quickly before we turn to developments in the English Channel and the international law of the sea for a nice, depressing ending… 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....

People being persecuted on account of their sexual orientation can seek asylum in the UK, but face having to convince the Home Office that they are in fact lesbian, gay or bisexual. While asylum seekers are no longer quizzed about Oscar Wilde, more subtle forms of stereotyping persist. Decision-makers can demand of all LGBTQI+ asylum seekers a narrative that only some can provide: feelings of shame, stigma and difference, and a sort of emotional journey towards understanding their sexuality. On the podcast this month I hear from Katherine Soroya and Allan Briddock about what the Home Office expects from gay refugees and the problems that can cause for people who...

People being persecuted on account of their sexual orientation can seek asylum in the UK, but face having to convince the Home Office that they are in fact lesbian, gay or bisexual. While asylum seekers are no longer quizzed about Oscar Wilde, more subtle forms of stereotyping persist. Decision-makers can demand of all LGBTQI+ asylum seekers a narrative that only some can provide: feelings of shame, stigma and difference, and a sort of emotional journey towards understanding their sexuality. On the podcast this month I hear from Katherine Soroya and Allan Briddock about what the Home Office expects from gay refugees and the problems that can cause for people who...

Welcome to episode 93 of the Free Movement immigration update podcast, a week later than advertised. This month we start with changes to the Immigration Rules and other news around work and student visas, and then the latest on deprivation of citizenship. We review some new case law on asylum, talk about why the Home Office is now conceding so many appeals, before ending on EU citizens' rights and the inevitable coronavirus material. 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...

Welcome to episode 93 of the Free Movement immigration update podcast, a week later than advertised. This month we start with changes to the Immigration Rules and other news around work and student visas, and then the latest on deprivation of citizenship. We review some new case law on asylum, talk about why the Home Office is now conceding so many appeals, before ending on EU citizens' rights and the inevitable coronavirus material. 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...

A woman went back to her husband who had previously been violent to her, and it was at least partly because she couldn't find anyone to make her application for indefinite leave to remain under the domestic violence rules within the timescale required, and she panicked and went back him. So that means that a rule that's expressly there to protect people from serious harm was left ineffective because of the lack of access to immigration advice. But it is less visible than in the criminal justice system. In criminal work, the trial gets listed and then it gets postponed. Here in immigration and asylum, it's more that the application...

A woman went back to her husband who had previously been violent to her, and it was at least partly because she couldn't find anyone to make her application for indefinite leave to remain under the domestic violence rules within the timescale required, and she panicked and went back him. So that means that a rule that's expressly there to protect people from serious harm was left ineffective because of the lack of access to immigration advice. But it is less visible than in the criminal justice system. In criminal work, the trial gets listed and then it gets postponed. Here in immigration and asylum, it's more that the application...

Welcome to episode 92 of the Free Movement immigration update podcast. This month we begin with EU citizens' rights before moving to a couple of cases on Article 3 of the European Convention on Human Rights as it applies to migrants. We then discuss asylum, including a disappointing Supreme Court decision on age assessment, before concluding with the latest on immigration appeals.  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...

Welcome to episode 92 of the Free Movement immigration update podcast. This month we begin with EU citizens' rights before moving to a couple of cases on Article 3 of the European Convention on Human Rights as it applies to migrants. We then discuss asylum, including a disappointing Supreme Court decision on age assessment, before concluding with the latest on immigration appeals.  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...

The UK's emergency evacuation of Afghan civilians ends today, ahead of the 31 August deadline for the withdrawal of Western troops from Afghanistan. Where does that leave Afghans hoping to escape the Taliban for safety in Britain? That's the subject of this episode, in which I'm joined by two lawyers with extensive experience in this area: Jamie Bell of Duncan Lewis Solicitors and Sarah Pinder of Goldsmith Chambers.   We discuss the two existing resettlement programmes for Afghans with ties to the British government; what we know about the additional Afghan citizens' resettlement scheme announced on 18 August (not much); and what happens to those already in the UK with pending...

The UK's emergency evacuation of Afghan civilians ends today, ahead of the 31 August deadline for the withdrawal of Western troops from Afghanistan. Where does that leave Afghans hoping to escape the Taliban for safety in Britain? That's the subject of this episode, in which I'm joined by two lawyers with extensive experience in this area: Jamie Bell of Duncan Lewis Solicitors and Sarah Pinder of Goldsmith Chambers.   We discuss the two existing resettlement programmes for Afghans with ties to the British government; what we know about the additional Afghan citizens' resettlement scheme announced on 18 August (not much); and what happens to those already in the UK with pending...

Welcome to episode 91 of the Free Movement immigration update podcast. This month we begin with a Supreme Court decision on deportation and some developments on immigration judicial reviews. We then move to business immigration, where a new type of visa has just been announced, and then off in the other direction completely to cover asylum and refugee issues. We end with a couple of court decisions on deception and long residence. Note that we are not covering the Immigration Bill published in July, as we did a separate podcast on that a couple of weeks ago. If you would like to claim CPD points for reading the material and...

Welcome to episode 91 of the Free Movement immigration update podcast. This month we begin with a Supreme Court decision on deportation and some developments on immigration judicial reviews. We then move to business immigration, where a new type of visa has just been announced, and then off in the other direction completely to cover asylum and refugee issues. We end with a couple of court decisions on deception and long residence. Note that we are not covering the Immigration Bill published in July, as we did a separate podcast on that a couple of weeks ago. If you would like to claim CPD points for reading the material and...