Free Movement
- Episodes
- 146
- Released
- monthly
- Latest episode
- Nov 4, 2026
About the podcast
Updates and comment on UK immigration law
Episodes 146
Immigration round-up: October 2026
In the latest round-up, Mala is back with Jasmine to discuss everything that happened in October.Jasmine looks at the latest trafficking statistics, which show a record number of referrals to the National …
Show notes
In the latest round-up, Mala is back with Jasmine to discuss everything that happened in October.
Jasmine looks at the latest trafficking statistics, which show a record number of referrals to the National Referral Mechanism. The success rate for reconsideration requests is still very high, too. We also talk through the proposed 'credibility test' for potential victims of trafficking in the Immigration and Asylum Bill.
Mala had a number of cases, including JCK, which gives guidance on the higher standard of proof in asylum claims, along with a challenge to a British citizenship refusal under the good character requirement .
Plus, another AI horror story. This one involves AI-generated forged documents, which the tribunal admits are increasingly difficult to distinguish from genuine ones.
And more!
Asylum & protection (00:18)
Trafficking referrals increase while government targets ‘misuse’
Proposed trafficking credibility rules risk punishing victims for being victims
Upper Tribunal provides further guidance on higher standard of proof in asylum claims
Certification challenge fails but Home Office concedes unlawful separation of detained couple
Family & human rights (18:43)
Is the government legislating against a caricature of Article 8?
Is Part Suitability being applied lawfully to Hong Kong BN(O) applications?
Visitors (26:43)
Iraqi national successfully challenges visit visa refusal in SIAC
Citizenship (30:07)
Enforcement (33:52)
New Home Office policy on expanded scope of conditional cautions against foreign nationals
Procedure (37:50)
Upper Tribunal reaffirms Tanveer Ahmed as AI makes forged documents easier to produce
Administrative Court tightens approach to urgent judicial review applications
New briefings (45:00)
Child abduction and asylum: where are we now?
Using the Public Sector Equality Duty in immigration cases
Missing evidence in immigration applications: how evidential flexibility works
Free movement gains support where it brings benefits to trade and opportunities for UK citizens
Immigration round-up: September 2026
The big news last month was statement of changes HC 584 which introduces a new form of relief for skilled workers who are recognised as victims of modern slavery, and makes changes to how section 3C leave is …
Show notes
The big news last month was statement of changes HC 584 which introduces a new form of relief for skilled workers who are recognised as victims of modern slavery, and makes changes to how section 3C leave is used, amongst other things. Jasmine covers the Immigration Advice Authority’s announcement that it is overhauling its competence assessments and explains how candidates can prepare for the changes.
On the case law front, we look at the case of an Albanian national who was deported despite being recognised as a victim of trafficking. We also discuss a relatively novel procedural decision in which the First-tier Tribunal treated an appeal as abandoned. Isaac talks us through the new ‘single protection interview’ guidance and what it is likely to mean in practice.
Finally, we cover several developments in compliance and enforcement for skilled worker sponsor licence holders. The Home Office is tightening enforcement, and licence revocations are at an all time high, particularly in the care sector. All that and more.
Statement of changes (00:30)
Two rule changes narrow the use of section 3C leave from 8 October
Immigration Advice Authority (07:22)
IAA overhauls competence assessments and registration process
Asylum and protection (14:03)
Asylum appeal backlog coming under control
Past trafficking alone does not mean certifying asylum claim was incorrect
New single protection interview guidance published
No right of appeal where appeal abandoned
Work and study (28:10)
Faster cancellation of Skilled Worker permission demonstrates the enforcement grip is tightening
Home Office crackdown on care providers: from exploitation to routine compliance issues
Licence revocation quashed in Moon Fish but reporting duties still stringent
High Court upholds student visa brake and dismisses challenge by seven claimants
New briefings (40:26)
Immigration round-up: August 2026
Jasmine is back with Mala Savjani, partner at Wilsons Solicitors, for August's round up of immigration law news. Mala talks through the latest quarterly statistics which show immigration, asylum and citizenship …
Show notes
Jasmine is back with Mala Savjani, partner at Wilsons Solicitors, for August's round up of immigration law news.
Mala talks through the latest quarterly statistics which show immigration, asylum and citizenship numbers all falling, and why the Supreme Court found an illegal working civil penalty notice to be invalid. We discuss two important Upper Tribunal cases, one sets out what makes a good country expert report, and the other is the long-awaited country guidance on Albanian male victims of trafficking.
We also cover the statement of changes lifting work restrictions for skilled workers with a positive conclusive grounds decision (more on that next month), and a case on the restricted nature of Article 8 family life. Jasmine explains why an appeal brought for a child without valid instructions is no appeal at all and the importance of evidencing future intentions in the UK when it comes to registering a child as British under section 3(1) of the British Nationality Act. Plus lots more.
Immigration statistics (00:28)
Latest immigration statistics: immigration, asylum and citizenship numbers all fall
Asylum and protection (04:02)
Upper Tribunal provides guidance on what makes a good country expert report
New Country Guidance case for Albanian male victims of trafficking
Family (15:01)
Court of Appeal reiterates restricted nature of Article 8 family life
Children (17:45)
An appeal brought on behalf of a child without valid instructions is no appeal at all
Work (20:35)
Citizenship (23:14)
Visitors (25:56)
Visitor visa applicants must be allowed to respond to ‘not genuinely seeking entry’ allegation
New briefings (32:42)
How to respond to the Home Office if a sponsor’s licence is suspended
How to handle counter-allegations in domestic abuse cases
Why does a positive trafficking decision not automatically establish an asylum claim?
Immigration round-up: July 2026
Isaac Abraham is back to join Jasmine for this month's episode. It's a bit of a longer one this month as we dedicated the first section to the big news that was the Immigration and Asylum Bill. Isaac has …
Show notes
Isaac Abraham is back to join Jasmine for this month's episode. It's a bit of a longer one this month as we dedicated the first section to the big news that was the Immigration and Asylum Bill. Isaac has explained the bill's different parts and its passage through Parliament so far.
Jasmine goes through the most recent statement of changes and then a number of cases, including a successful challenge from a trafficking victim who was forced at gunpoint to steer a small boat across the Channel. Isaac looks at two separate Home Office actions that have been found unlawful, including the secret policy capping trafficking leave to 12 months and the removal of the right to request reconsideration of a trafficking decision. There were also two quite shocking fraud cases and a reminder to solicitors to watch out for 'red flags'.
We also highlight the changes to right to work checks coming in from 1 October. Plus much more!
Immigration and Asylum Bill (00:41)
What’s in the Immigration and Asylum Bill 2026?
Statement of changes (13:08)
Asylum and protection (15:13)
Over 1,000 people seeking sanctuary convicted of illegal arrival in the UK
Successful legal challenge for survivor of trafficking forced to steer small boat across Channel
Secret Home Office policy capping trafficking leave at 12 months declared unlawful
Home Office acted unlawfully by removing reconsiderations for trafficking decisions
Procedure (33:48)
Immigration firm criticised for failing to identify possible client fraud
‘Well-oiled’ fraudulent business machine behind fake judicial review claims uncovered
Business (39:38)
Right to work checks are changing: what employers need to know before October 2026
High Court quashes sponsor licence revocation over unspoken dishonesty allegation
Options for care workers when an employer’s sponsor licence is revoked
The case for a dedicated UK fishing visa
Briefings - new and updated (47:13)
The Tameside duty of inquiry: what is it and why is it relevant to immigration law practitioners?
Fee waivers: what can you do if you cannot afford to pay your immigration application fee?
Applying for British citizenship by naturalisation
Good character and criminal convictions in British citizenship applications
Suitability refusals: alleged deception, false information and innocent mistakes
Immigration round-up: June 2026
In this month's round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover the latest tribunal statistics, which make for grim reading as the asylum appeals backlog has climbed …
Show notes
In this month's round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover the latest tribunal statistics, which make for grim reading as the asylum appeals backlog has climbed past 87,000 cases. With roughly twice as many cases coming in as going out, anyone lodging an appeal now faces a wait of close to three years.
Mala then unpacks the judicial review challenges to the Home Office's good character citizenship policy. Jasmine and Mala also cover a Court of Appeal decision on Iranian sur place claims, a win for Freedom from Torture and the Helen Bamber Foundation over asylum accommodation protections, and a curious split between the English and Scottish courts on age assessments. Plus, the new compliance regime for universities, the English language test fraud allegations saga, settlement and more!
Asylum and protection (02:03)
Asylum appeal backlog rises to 87,450 cases
Home Office withdraws refusals in good character citizenship policy challenges
Court of Appeal declines to give wider guidance on Iranian sur place claims
Home Office unlawfully removed asylum accommodation protections for torture and trafficking survivorsDivergent approach to age assessments adopted in different parts of the UK
Settlement (19:15)
Yet another case on criminality for pre-2012 discretionary leave holder seeking settlement
Business and study (22:20)
Compliance flashes red for universities
Three rounds of sponsor guidance updates and what the latest changes mean for employers
High Court strikes out Home Secretary’s fraud accusations in TOEIC damages claim
Briefings - new and updated (30:58)
Legal aid for immigration cases: what is in scope and how to apply
Getting Global Talent endorsements right: what separates approvals from refusals
Briefing: the duty of refugee sea rescue in international law
How to apply for entry clearance for victims of transnational marriage abandonment
Immigration round-up: May 2026
This month, Jasmine is joined by Isaac Abraham, a solicitor at the Islington Law Centre. They discuss the King’s speech and the latest immigration statistics, which show a fall in net migration and asylum …
Show notes
This month, Jasmine is joined by Isaac Abraham, a solicitor at the Islington Law Centre. They discuss the King’s speech and the latest immigration statistics, which show a fall in net migration and asylum claims, but a steadily growing appeals backlog. The number of sponsor licence revocations has also shot up. Jasmine interviewed Luke Piper last month about the devastation this is causing to sponsored workers, particularly in the health and care sector.
Isaac discusses a number of new cases including a challenge by Syrian asylum seekers against removal to Bulgaria based on article 3 grounds and what happens to someone’s entitlement to benefits when they are subject to deportation proceedings. Jasmine talks about the problems that UK universities are creating for international student entrepreneurs and elsewhere there has been a judicial review challenge to the Home Secretary’s decision to grant temporary protection status of only 30 months to refugees. All this and much more!
Immigration statistics and news (01:30)
Latest immigration statistics show falls in net migration and fall in asylum claims
Work visas, employer crackdowns and the nationalities caught in the middle
Immigration legislation re-announced in King’s Speech
Asylum and protection (16:13)
Upper Tribunal finds arguable Article 3 breach in Bulgarian removal challenge
Family and human rights (23:42)
Gurkha historic injustice does not remove the need to prove causation
Which takes priority: family or immigration proceedings?
Students (30:37)
Sold entrepreneurship, barred from business? The student visa trap
Can a Student visa holder sit as a member of the Scottish Parliament? Yes, they can
Deportation (37:45)
Social security case looks at the interplay between deportation and entitlement to benefits
Briefings – new and updated (42:15)
Briefing: registering a child as British
Right to rent checks: a practical guide for landlords and letting agents in England
What is the no recourse to public funds condition?
Briefing: how to apply for a religious work visa
How does absence from the UK work under the EU settlement scheme?
Immigration roundup: April 2026
In the April round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover April’s most significant developments, which includes a Court of Appeal decision on what past …
Show notes
In the April round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover April’s most significant developments, which includes a Court of Appeal decision on what past ill-treatment actually has to look like to amount to persecution, a landmark European Court of Human Rights ruling on returns to Afghanistan, and a High Court judgment looking at whether single hotel rooms are ‘adequate’ for asylum-seeking families.
They also discuss the ongoing saga of the last person stranded on Diego Garcia and practical guidance on domestic abuse cases where survivors fall outside the rules. Plus costs applications, surrogacy, sponsor right to work checks, and more.
Asylum and protection (00:58)
Past arrest and beating of Vietnamese protester does not amount to persecution
European Court rules return of Hazara Afghan national would breach Article 3
Asylum hotel accommodation unlawful where it fails basic standards of adequacy
The importance of early clarification of grounds of appeal
Final Diego Garcia migrant moved from the military base to the Maldives
Family and human rights (15:18)
When domestic abuse survivors don’t fit the rules: options and risks
Adoption and surrogacy: when is a child born overseas British?
High Court finds Afghan relocation refusal unlawful and unpublished guidance is withdrawn
EU Settlement Scheme (27:16)
Work (31:40)
Confusing changes to sponsor right to work checks: what has changed and what is still unclear
Procedure (33:27)
Applications for costs in immigration cases: what practitioners need to know
Immigration roundup: March 2026
In the March round-up, Jasmine is joined by Chris Dias to discuss a new practitioner's guide to children's protection claims, whether policies to deter asylum seekers actually work and what happens when the …
Show notes
In the March round-up, Jasmine is joined by Chris Dias to discuss a new practitioner's guide to children's protection claims, whether policies to deter asylum seekers actually work and what happens when the Home Office grants settlement by mistake. They cover a number of cases including the latest in the Diego Garcia saga and the Court of Appeal's approach to deportation and subjective fears of family members.
Chris highlights the key points from the latest statement of changes and new sponsor compliance duties. They also cover some updated briefings, including the right to work for asylum seekers and the electronic travel authorisation scheme.
Asylum and protection (00:44)
A practitioner’s guide to commencing children’s protection claims
Convicted murderer excluded from protection of Refugee Convention
Why the latest attempt to deter asylum seekers won’t work
Asylum support: what is available and what has changed
Statement of changes (11:05)
Statement of changes HC 1691: changes for refugees, skilled workers, children and more
Settlement (15:14)
What happens if the Home Office grants indefinite leave to remain by mistake?
Deportation (17:15)
Subjective fears of family members are relevant but not enough to prevent deportation
Procedure (19:05)
When can you get a refund for the immigration health surcharge?
Is a person who obtained their leave by deception “lawfully resident”?
Work (22:55)
New sponsor compliance duties you need to act on now
When would you ever use the secondary employment provisions?
Updated articles (28:52)
Can asylum seekers work while waiting for a decision on their case?
Do I need an electronic travel authorisation to enter the UK?
Immigration roundup: February 2026
In the February round up, Jasmine and Barry discuss the Home Office's new pilot for children's asylum claims and dig into the latest immigration statistics. They cover some crucial advice for clients, including …
Show notes
In the February round up, Jasmine and Barry discuss the Home Office's new pilot for children's asylum claims and dig into the latest immigration statistics. They cover some crucial advice for clients, including what to do if you're refused entry at the UK border, whether you can apply for settlement early to avoid the new ‘earned settlement’ proposals and how to fight a bank account closure on immigration grounds.
There is also new Home Office guidance on EU Settlement Scheme derivative rights, trouble for dual nationals without British passports and yet more lawyers being caught out by fake AI-generated case law.
Asylum and protection (02:08)
Home Office introduces pilot to speed up children’s asylum claims
No breach of public sector equality duty by Home Office when housing LGBTQ+ asylum seekers
Visitors (12:02)
What to do if you are stopped and refused entry at the UK border
Settlement (13:46)
Can I apply for indefinite leave to remain early?
A fairer pathway? How the “earned settlement” proposals risk discrimination against migrant women
EU Settlement Scheme (17:35)
Citizenship (19:43)
Will the UK really ban dual nationals who don’t have a British passport?
Permission granted in judicial review challenges to British citizenship ‘good character’ policy
High Court gives guidance on delay in applying for judicial review and human rights jurisdiction
Deportation (27:37)
Man stranded abroad challenges Home Office deportation decision taken whilst travelling
Procedure (29:29)
How to challenge closure of a bank account on immigration grounds
Tribunal criticises two more immigration lawyers for suspected citation of AI-invented fake case law
Updated (32:00)
Youth Mobility visa: what is it and how does it work?
How to apply for a UK spouse or partner visa
How to become an Immigration Advice Authority (formerly OISC) Level 1 regulated adviser
Immigration roundup: January 2026
In Sonia's final episode, we cover the first substantive judgment concerning the use of “public order disqualification” powers in trafficking cases, an updated CPIN on Pakistan for LGBT+ people and the policy …
Show notes
In Sonia's final episode, we cover the first substantive judgment concerning the use of “public order disqualification” powers in trafficking cases, an updated CPIN on Pakistan for LGBT+ people and the policy that's pushing people in conflict zones to make dangerous journeys to enrol their biometrics.
Barry covers a really important judgment on children's settlement applications (a crucial read as things may change again later this year) and Sonia highlights the dangers of the use of AI by immigration lawyers. We finish up by discussing the (little) weight that rehabilitation carries in deportation appeals.
Asylum and protection (01:17)
Refugees at risk of street homelessness have until 16 January to extend their asylum accommodation
Home Office U-turn over grants of leave to trafficking victims after legal challenge
Concerns raised about changes to Home Office’s country evidence on Pakistan for LGBT+ people
The Home Office’s unsafe journeys policy is dangerous
Child settlement applications (13:53)
Important Court of Appeal ruling on children’s settlement applications
Artificial intelligence (21:00)
Briefing: AI and immigration law – what guidance is there for lawyers?
Windrush (25:03)
Possibility of legal aid in some Windrush compensation cases opened up by Court of Appeal
Visit visas (26:36)
Costs awarded by Court of Appeal in visit visa delay case
Legal Ombudsman (28:29)
Partial success for immigration barrister in challenge to Legal Ombudsman decision
Deprivation of citizenship (29:04)
Supreme Court addresses fairness concerns in deprivation appeals
Work routes (31:45)
The appeal of judicial discretion in civil penalty appeals: Court of Appeal grants permission
Care home refused permission in challenge to revocation of sponsor licence for underpaying staff
Deportation (36:53)
Court of Appeal dismisses deportation appeal despite evidence of rehabilitation
Updated (41:19)
Briefing: the sorry state of the UK asylum system
Briefing: how to apply for a high potential individual visa
Making sense of sole responsibility for child visas in immigration law
Immigration roundup: December 2025
That's officially a wrap on 2025 as Sonia and Barry run through December's various happenings, including the final statement of changes for the year and our latest resources on the earned settlement proposals …
Show notes
That's officially a wrap on 2025 as Sonia and Barry run through December's various happenings, including the final statement of changes for the year and our latest resources on the earned settlement proposals. The Border Security, Asylum and Immigration Act is now in force and the latest tribunal statistics show that the Home Office's insistence on filling the appeals system with challenges to poor quality decisions remains a huge problem.
Sonia talks about the resumption of processing of settlement protection applications from Syrian nationals. There were also lots of case updates as usual, including a particularly egregious one covered by Barry where the Home Office left a man street homeless in Turkey for months. We finished up with a reminder about the important of awareness about vicarious trauma, and an update on some changes at Free Movement along with a new vacancy.
The 48 minute podcast follows the running order below:
Statement of changes (01:45)
Visit visa requirement imposed on Nauru because of “Citizenship by Investment” scheme
Earned settlement (07:20)
Briefing: the implications of the “earned settlement” proposals and what they might mean in practice
Asylum (08:23)
Home Office recommences processing of Syrian settlement applications
The Border Security, Asylum and Immigration Act 2025 is in force – what has changed?
Court of Appeal upholds right to appeal in asylum support cases where Home Office withdraws claim
Citizenship (15:35)
Home Office must consider whether to exercise discretion in Windrush cases
Students (19:15)
Court declares University’s failure to rescind its withdrawal of sponsorship as unlawful
Detention (23:20)
High Court finds safeguarding failures by Home Office at Brook House detention centre
Emergency travel document delays lead to detention challenge
Deportation (25:55)
Court orders grant of indefinite leave in case with historic conviction
EU Settlement Scheme (34:22)
Work routes (36:40)
High Court clarifies meaning of “non-genuine vacancy” in sponsor licence revocation
Family (38:00)
Well-being (43:45)
Vicarious trauma: what practitioners need to know
Updated (45:55)
Suitability refusals: owing a litigation debt to the Home Office
Will I need Electronic Travel Authorisation to enter the UK?
What is the immigration skills charge?
What safe and legal routes are available for refugees to come to the United Kingdom?
Blog news (46:25)
Immigration roundup: November 2025
What a month. Sonia kicked off the podcast with a runthrough of the major policy proposals which came out in November, including the changes to refugee settlement periods and a look at the earned settlement …
Show notes
What a month. Sonia kicked off the podcast with a runthrough of the major policy proposals which came out in November, including the changes to refugee settlement periods and a look at the earned settlement proposals (though not in too much detail as she is doing a full webinar with Colin on the topic for Free Movement members on Wednesday 10 December at 11am). Barry had provided oral evidence to the House of Lords’ Justice and Home Affairs Committee inquiry into Settlement, Citizenship andIntegration the day before we recorded, so he gave us an update on that (as mentioned by Sonia, the call for written evidence is here and the deadline is 23 January 2026).
Sonia also ran through some of the lowlights from the latestquarterly statistics and gave updates on the latest eVisa and section 3C leave challenges. Barry looked at a useful post on what MPs are able to help with in immigration matters, and added his expert insights to posts on unmarried partner applications as well as a recent reported case on overseas adoptions. There were also several case updates and much more!
Policy (01:20)
Home Secretary opens consultation on “earned settlement”
Procedure (16:15)
What can MPs do to help their constituents in immigration and asylum cases?
Section 3C leave challenge adjourned for further consideration of impact on children
Permission granted for judicial review of the Home Office’s eVisa policy
Citizenship (18:55)
Man who used false identity to obtain British citizenship loses appeal against deprivation
Family (19:50)
Adult siblings in Gaza case unable to establish family life under article 8
Navigating the unmarried partner route under Appendix FM
When is an overseas adoption recognised for UK immigration purposes?
Deportation (30:10)
Revocation of deportation order case fails in the Court of Appeal
Withdrawn certification decision does not reinstate leave in deportation cases
Work routes (31:50)
Skilled worker visa correctly refused because applicant was on immigration bail
Immigration Advice Authority (32:30)
Who is exempt from Immigration Advice Authority registration and exams?
Visiting (33:30)
Do I need a visa if I’m transiting through a UK airport to another flight?
Visit visa application wrongly refused four times by Home Office
EU Settlement Scheme (40:00)
Four in five EU Settlement Scheme administrative reviews waiting more than two years for a decision
Updated (41:40)
Immigration roundup: October 2025
Our October round up is here! Barry does the honours thistime around with the statement of changes and Sonia foreshadows some bad news potentially coming next week. Barry shares an AI horror story that is …
Show notes
Our October round up is here! Barry does the honours thistime around with the statement of changes and Sonia foreshadows some bad news potentially coming next week. Barry shares an AI horror story that is really one for the ages (so far) after Sonia’s segment on the latest lawyers to fallfoul of AI hallucinated case citations. We also cover a new briefing on biometric excuses and predeterminations, sponsor licence enforcement, the rules around supplementary (not secondary) employment and new legislation in force on deprivation cases.
There are also loads of new cases, from a grandmotherbattling a 23 year old deportation order so that she can join her family in the UK, to some dodgy interviewing practices by the Home Office, unrepresented appellants and decisions on the papers, and Sonia and Barry do their usual scratchingof heads over the Home Office’s decision to fight a fairly obvious case about an email all the way to the Court of Appeal.
The 37 minute podcast follows the running order below:
Statement of changes (02:00)
Date set for commencement of new student, graduate and work immigration rules
New suitability rules will apply to Appendix FM and other human rights applications
Visa requirement imposed on Botswana nationals to prevent asylum claims
Procedure (15:20)
Two more immigration lawyers facing potential disciplinary proceedings for misuse of AI
How to apply to come to the UK when you can’t travel safely to enrol your biometrics
Immigration enforcement interview at train station ruled procedurally unfair
Work routes (27:18)
When is supplementary employment permitted and what are the rules?
Surge in sponsor licence enforcement: what immigration practitioners need to know
Detention (30:50)
High Court clarifies the limits of electronic monitoring immigration bail powers
Human rights (31:45)
Grandmother to remain separated from her family after Home Secretary success in deportation case
Successful challenge to certification of human rights claim for gay man
Nationality (34:20)
What does the new law on deprivation of British citizenship do?
Upper Tribunal gives guidance on children’s best interests in deprivation appeals
Updated (35:30)
Briefing: what is the Common Travel Area and how does it work?
Briefing: “Hamid” disciplinary hearings for immigration lawyers
What is the Independent Chief Inspector of Borders and Immigration?
Briefing: what is the ‘right of abode’ in UK immigration and nationality law?
Age assessments: what happens when a child arrives in the UK?
Immigration roundup: September 2025
September brought us a new Home Secretary who immediately made some inaccurate comments about “last minute” legal challenges to removal and the modern slavery identification system, so Sonia looked at those in …
Show notes
September brought us a new Home Secretary who immediately made some inaccurate comments about “last minute” legal challenges to removal and the modern slavery identification system, so Sonia looked at those in this month’s podcast. Sonia also covered the final act of the previous Home Secretary, which was the closure of the refugee family reunion route. Refugees do still haveother options, but with a lot more hurdles and delays in place.
Barry discussed the case of the Palestinian refugee wherethe Home Office withdrew the refusal of his asylum claim the day before the appeal hearing indicating that refugee status would be granted, only to refuse it again following publicity of the case – prompting a further legal battle. Barry also looked at changes to the early removal scheme for foreign national offenders, as well as the case of an ill-advised use of AI by an immigration barrister that led to a referral to the Bar Standards Board. All this and much more!
Reminder – if you want to book any of our upcoming trainingcourses, you can find them all here.
The 40 minute podcast follows the running order below:
Asylum (02:55)
The reality behind “last minute” legal challenges to removal
Briefing: is the modern slavery identification system in the UK being misused?
Refugee family reunion route closed in statement of changes: HC 1298
What now for refugee family reunion applications?
Deportation (22:50)
A look at the upcoming changes to the early removal scheme for foreign national offenders
Procedure (27:50)
Tribunal lacked jurisdiction to consider human rights appeal where no notice filed
Procedural fairness in visit visa applications
Barrister referred to regulator following misuse of AI in immigration appeal
Work routes (37:35)
Care worker found working in restaurant loses legal challenge
Updated (40:12)
How to access old versions of Home Office guidance and identify any changes
Exceptional circumstances in a spouse or partner visa application under Appendix FM
Visas for children under Appendix FM of the immigration rules
British by descent: when the child of a British citizen is not themselves British
How to apply for an International Sportsperson visa
General grounds for refusal: understanding mandatory refusal periods
Immigration roundup: August 2025
Let's face it, August was a rough one and hopefully most of you managed to escape it for a summer holiday at some point, in which case you definitely need Sonia and Barry to help catch you up! The UK announced …
Show notes
Let's face it, August was a rough one and hopefully most of you managed to escape it for a summer holiday at some point, in which case you definitely need Sonia and Barry to help catch you up! The UK announced its new arrangements to return people arriving across the Channel to France, hotels used as asylum accommodation hit the headlines as far right protests hit the streets, and the latest immigration and asylum statistics were out - with some notable omissions. In addition to this, Barry covers an unsuccessful attempt by the Daily Mail to publish the personal details of a woman who lacks mental capacity as well as a new registration process for Irish citizens to become British.
Barry also covers the very sad case of a woman who was unsuccessful in her challenge to a refusal of indefinite leave to remain. Sonia highlights an unreported but useful case on public order disqualifications in trafficking claims, an essential read for anyone working on those cases. She also looks at an important change to practice in the First-tier Tribunal which has been endorsed by the Upper Tribunal. All this and more in our August roundup!
The 41 minute podcast follows the running order below:
Statistics (00:45)
Latest statistics raise questions around sustainability of Home Office asylum decision making
Briefing: the sorry state of the UK asylum system
Asylum (07:00)
Briefing: how to come to the UK from France under the UK/European Applicant Transfer Scheme
Expression of interest form for France to UK transfers goes live
What do we know about the UK-France agreement on asylum returns?
Trading in human lives: unpacking the UK/European transfer scheme
Daily Mail publisher loses attempt to lift anonymity order
Home Office wrongly issued biometric residence permit to person refused asylum
Challenge to public order disqualification dismissed by Upper Tribunal
Epping Council succeeds in interim relief preventing use of hotel as asylum accommodation
Nationality (18:40)
Simplified registration process for Irish citizens comes into force
Detention (21:30)
Common issues with immigration bail conditions
Human rights (22:20)
Refusal of indefinite leave to remain because of false passport conviction upheld by Upper Tribunal
Work routes (27:50)
Changing employers on a skilled worker visa
Procedure (32:00)
Procedural fairness challenge succeeds in Hong Kong case
Updates (37:50)
How to make a complaint to the Home Office
Good character and criminal convictions in British citizenship applications
Briefing: the inadmissibility process in asylum claims
How to apply for a UK domestic worker visa
What safe and legal routes are available for refugees to come to the United Kingdom?
Immigration roundup: July 2025
July was actually a fairly busy month! Join Sonia and Barry as they run you through what happened, including the changes to the skilled worker route, everything that happened on Afghan resettlement, recent …
Show notes
July was actually a fairly busy month! Join Sonia and Barry as they run you through what happened, including the changes to the skilled worker route, everything that happened on Afghan resettlement, recent changes to the EU Settlement Scheme and the latest instalment in a far too long running Palestinian case. An article from BID flagging up a really important change being proposed to cautions got a huge number of views and has hopefully helped to raise awareness.
Other cases included one involving a questionable practice by the Home Office relating to people in prison, a successful challenge to a sponsor licence revocation. Barry and Sonia also discussed the wisdom of civil penalty appeals, the latest on climate change litigation and an important update for anyone filing judicial reviews in the Administrative Court. That's not even all of it!The 43 minute long podcast follows the running order below:
Statement of changes (00:50)
Asylum (02:10)
Secret Afghan resettlement scheme set up after government data breach
Successful challenge to transparency of Triples review of Afghan resettlement rejections
What does the ICJ’s advisory opinion on climate change mean for displaced people?
Palestinian family succeed in their latest battle to reach the UK
Deportation (12:30)
Concern over new police powers to ensure more foreign nationals are removed from the country
Home Office failed to consider human rights claim before making deportation decision
Detention (18:40)
Student held to be unlawfully detained after Home Office wrongly cancels leave
Work routes (19:50)
Extending a skilled worker visa without a certificate of sponsorship
Care provider successfully challenges revocation following Home Office salary miscalculations
Failed challenge shows that civil penalty appeals can be unappealing
EUSS (28:50)
Changes to the absence rules for EU Settlement Scheme
How does absence from the UK work under the EU settlement scheme?
Procedure (34:00)
Which settlement category (and form) to use when completing ten years of lawful residence
Administrative Court gives guidance on handling e-filing issues
Updated (41:00)
There is no 180 day a year rule for visitors to the UK
Naturalising as a British citizen: the intention to settle requirement
Immigration roundup: June 2025
Time for your June round up of all things Free Movement - and Barry is back! In this month's episode both Sonia and Barry divulge some rather niche interests, while discussing the second latest (!!) statement …
Show notes
Time for your June round up of all things Free Movement - and Barry is back! In this month's episode both Sonia and Barry divulge some rather niche interests, while discussing the second latest (!!) statement of changes, the Migration Advisory Committee's review into the minimum income requirement, the legal aid crisis (the increase was announced the day of recording) and impact on the tribunals. They also looked at difficulties for both Afghan women and Ukrainians seeking protection in the UK. Cases included a mystifying decision by some legal representatives to ignore a helpful email from the Home Office, some guidance on bringing Cart judicial reviews under the new restrictions, a certificate of travel refusal and more!
The 37 minute long podcast follows the running order below:
Statement of changes (01:30)
Statement of changes: HC 836 sees changes to permitted absences for EU Settlement Scheme
Asylum (02:40)
The Home Office is refusing Ukrainians’ protection claims and telling them to leave the UK
Legal aid crisis worsens with shortage of immigration and asylum advice throughout the UK
Immigration tribunal appeals backlog up 80% to 90k outstanding cases
The uncertain future for Afghan women seeking asylum
Tribunals “required to use common sense” in claims of monitoring by a foreign state
Court of Appeal finds Home Office justified in refusing certificate of travel
Family (16:30)
Committee advises against further increase to minimum income requirement for families
Procedure (22:05)
Lawyer error results in invalidity of settlement application Court of Appeal finds jurisdiction in Cart judicial review under “natural justice exception”
Work routes (28:12)
Visitors (29:42)
Immigration Advice Authority (32:15)
What can you do as a Level 1 Immigration Advice Authority adviser?
Updated (33:30)
What are the continuing professional development requirements for immigration lawyers?
Briefing: the support system for migrant victims of human trafficking
Briefing: the seasonal worker visa
What safe and legal routes are available for refugees to come to the United Kingdom?
Should refugees claim asylum in the first safe country they reach?
What is the difference between refugee status and humanitarian protection?
Top tips for making complex refugee family reunion applications
Briefing: What rights do refugees have under the Refugee Convention?
Immigration roundup: May 2025
May is over and the immigration white paper has finally been published, so Sonia spends a bit of time at the beginning of this month's podcast reliving the horrors of that. Andrew covers a very wide range of …
Show notes
May is over and the immigration white paper has finally been published, so Sonia spends a bit of time at the beginning of this month's podcast reliving the horrors of that. Andrew covers a very wide range of topics in this episode, from deprivation of citizenship to "self sponsorship" to deportation of EU nationals to visitors. Sonia goes on (yet another) rant about eVisas. If there is a potential audience for Andrew's offer of a ten hour podcast purely listing eVisa complaints then do let us know and we'll consider it! All this and much more.
The 45 minute long podcast follows the running order below:
Immigration white paper (00:52)
The immigration white paper has been published
What does the immigration white paper say about workers and students?
What does the immigration white paper say about family, deportation and other areas?
Immigration white paper impacts on the Higher Education sector and international students
Immigration white paper – the case for optimism and what sponsors should do
Points based system (09:05)
Briefing: an employer’s guide to section 3C leave
Asylum (15:20)
Latest statistics show that only two Syrian people have been granted refugee status this year
Fresh claim rejection successfully challenged in Upper Tribunal
EU Settlement Scheme (19:30)
Poor drafting of Appendix EU criticised again by Court of Appeal
Deportation (24:20)
Immigration Advice Authority (29:15)
What can you do as a Level 1 Immigration Advice Authority adviser?
Immigration adviser loses appeal against refusal to raise registration level
Visitors (32:30)
Potential border problem caused by discrepancy between ETA and visitor suitability rules
Challenge to refusal of visitor visa dismissed by Court of Appeal
Procedural (38:10)
Upper Tribunal reiterates correct process for applying for permission to appeal
eVisa failures preventing access to public funds
Nationality (41:15)
Supreme Court dismisses appeal against deprivation of British citizenship by woman in Syria
Updates (43:48)
How much does it cost to sponsor someone for a UK work visa?
How child relatives of refugees can apply to enter or remain in the UK
How to become an Immigration Advice Authority Level 1 regulated adviser
Briefing: How expensive are UK immigration applications and is this a problem?
What amendments are being made to the Border Security, Asylum and Immigration Bill?
Immigration roundup: April 2025
It was a relatively quiet April ahead of what looks to be a busy May. Sonia is joined by Andrew again this month. Sonia runs through the amendments made at committee stage of the Border Security, Asylum and …
Show notes
It was a relatively quiet April ahead of what looks to be a busy May. Sonia is joined by Andrew again this month. Sonia runs through the amendments made at committee stage of the Border Security, Asylum and Immigration one and despaired over the lack of attention given to the case where the UK detained a Brazilian tourist for eight weeks. Andrew looks at Asylum Aid's successful statelessness challenge as well as a really interesting piece on discrimination against non-EEA nationals with pre-settled status. There were also lots of case updates, including on fee waivers in indefinite leave applications, successful and unsuccessful skilled worker cases, and much more!
The following posts were covered in this episode:
What amendments have been made to the Border Security, Asylum and Immigration Bill?
Asylum (03:45)
New Iran country policy and information note on social media, surveillance and sur place activities
Court of Appeal considers standard of proof for internal relocation
Family (08:00)
Asylum Aid wins High Court challenge to the statelessness family reunion rules
The armed forces immigration rules: what are they, why do they exist and what are the challenges?
Home Office guidance on discretionary indefinite leave for children held to be unlawful
Visitors (22:40)
Brazilian tourist unlawfully detained after “volunteering” in a hostel
Work routes (24:40)
Court of Appeal rejects student’s attempt to switch into skilled worker route
Challenging the suspension and revocation of a sponsor licence
Successful challenge to cancellation of skilled worker leave after Home Office errors
Guidance on “exceptional assurance” Covid policy given by Court of Appeal
Updated (40:30)
Refugee family reunion: a user’s guide
Fee waivers for applications made outside the UK: who can qualify and how to apply
Briefing: the sorry state of the UK asylum system
A guide to right to work checks
A guide to making fresh claims
What are the financial requirements for UK spouse and partner visas?
Immigration roundup: March 2025
This month Barry is away and so his colleague Andrew Jones has stepped up and stepped in to co-host with Sonia, and frankly made it all look rather easy. March was a busy one, and Sonia and Andrew rattled …
Show notes
This month Barry is away and so his colleague Andrew Jones has stepped up and stepped in to co-host with Sonia, and frankly made it all look rather easy. March was a busy one, and Sonia and Andrew rattled through a lot. There were some big decisions in the asylum world, including Wethersfield and an important one on asylum support and withdrawals. Sonia attempted to explain an incredibly complex trafficking case in under 60 seconds and gave Andrew the two most depressing cases of the month, one involving the ongoing separation of a family in the UK and France and another where a man won his spouse appeal, but only after his spouse had died.
It was statistics galore with the 2024 figures now out for both for trafficking cases and the tribunals. There was also a statement of changes last month, along with some fee increases taking effect in April that practitioners should be aware of. We also covered the latest deprivation decision, this one from the Supreme Court. That’s not even all of it!
Asylum (01:05)
High Court confirms ability to challenge lawfulness of withdrawal decision in asylum support appeal
High Court finds that three men were unlawfully accommodated at Wethersfield
Children with pending asylum claim can be removed from the UK to be reunited with their parents
Inspector’s report finds penalty scheme for deterring clandestine entry is still lacking
Ten years after the introduction of the Modern Slavery Act, safety is more elusive than ever
Home Office wrong to exclude kidnapping victim from trafficking protections
The Home Office is leaving thousands of Afghans in limbo in the UK
Increase in Home Office refusals sees number of asylum appeals soar in latest tribunal statistics
Statement of changes (19:16)
Family (20:43)
Man unlawfully denied spouse visa wins appeal too late
Nationality (28:03)
Supreme Court adopts “nuanced” approach in deprivation of citizenship appeal
Home Office to reconsider Windrush compensation rejection after court loss
Procedure (32:52)
Increases to most Home Office fees from 9 April 2025
Increase to court and tribunal fees from 1 April 2025
New sanctions for failure to comply with biometric regulations in eVisas changes from 27 March 2025
Unlocking the potential of pro bono costs orders
Home Office decision to “correct” grant of indefinite leave made in error held to be lawful
Points based system (37:49)
No duty for Home Office to carry out impact assessment before revoking sponsor licence
National Audit Office recommends more is done to tackle exploitation in the Skilled Worker route
Human rights (41:06)
Home Office concede that Dutch man was wrongly excluded from UK in case of mistaken identity
Updated (42:17)
How does absence from the UK work under the EU settlement scheme?
The 180-day absence rule doesn’t apply to people with a spouse or partner visa
Immigration roundup: February 2025
The February podcast is here! We kick off with Sonia briefly summarising the recently published statistics for 2024. There was then a lot to cover on asylum with several case updates and of course the recent …
Show notes
The February podcast is here! We kick off with Sonia briefly summarising the recently published statistics for 2024. There was then a lot to cover on asylum with several case updates and of course the recent Home Office changes to the good character requirements. Barry was thrilled to be able to discuss his favourite section of the British Nationality Act 1981 as well as getting to cover Alex Piletska’s “highly entertaining” housesitting piece. All that and much more!
General immigration (01:00)
Asylum (03:15)
High Court upholds award of £98,757 damages to refugee
Home Secretary’s decision on national security is sufficient to revoke refugee status
Upper Tribunal dismisses judicial review in case of parents seeking to reunite with young children
High Court provides guidance on interaction between Schedule 10 accommodation and Care Act duties
Who is eligible and how to apply to the Ukraine Permission Extension Scheme?
Challenge to refusal to relocate Diego Garcia refugee to the UK dismissed by High Court
Good character guidance amended to block refugees from naturalisation
British citizenship (20:45)
High Court considers new provisions for registration as a British citizen in special circumstances
Court of Appeal returns deprivation appeal to the Upper Tribunal
EU Settlement Scheme (27:25)
Frequently asked questions: family member applications to the EU Settlement Scheme
Work routes (28:15)
A guide to civil penalties for illegal working
Procedure (29:40)
Litigant in person to pay thousands in costs after falling foul of procedural rules
Visitors (34:40)
Housesitters and holiday swappers: what are the immigration law implications?
Updates (39:20)
What is the no recourse to public funds condition?
Government Authorised Exchange: one visa, over 30 options
General grounds for refusal: contriving to frustrate the intention of the rules
Visas for children under Appendix FM of the immigration rules
Immigration roundup: January 2025
Sonia and Barry are back already to celebrate the end of January! There is a brief look back at 2024 and look forward to 2025 which of course now includes the new Bill (seriously what are we calling this thing …
Show notes
Sonia and Barry are back already to celebrate the end of January! There is a brief look back at 2024 and look forward to 2025 which of course now includes the new Bill (seriously what are we calling this thing for short? BSAIB just doesn't work, as Barry ably demonstrates). Sonia and Barry cover two of the recent Court of Appeal deprivation cases, as well as Asylum Aid's recent statelessness challenge and a recent decision on children separated from their parents during a Channel crossing.
Sonia also covered a few trafficking updates and made a plea for one final effort on legal aid as the final consultation opens. There are new briefings and case updates on work routes as well as interesting one on urgent removals. Barry finishes off with a look at Manston and the recent judicial review forcing a proper inquiry into what happened at the centre.
The 41 minute podcast follows the running order below:
Immigration news (00:30)
Free Movement review of the year 2024
Border Security, Asylum and Immigration Bill
Nationality (04:05)
Deprivation of British citizenship process is procedurally unfair, says Court of Appeal
Statelessness – Asylum Aid legal challenge to family reunion rules change in High Court this week
Asylum (13:45)
Home Office wins appeal against interim admission of parents of separated children
Consultation on increase to legal aid fees opens
Changes to guidance on requesting reconsideration of trafficking leave decisions
Briefing: how to request leave to remain for survivors of trafficking
How to identify whether a migrant domestic worker is a victim of modern slavery?
Work routes (16:35)
Care home operator successfully challenges Home Office approach to genuine vacancy requirement
Briefing: how to sponsor a Charity Worker
Briefing: how to apply for a Charity Worker sponsor licence
Significant changes made to guidance on sponsoring workers
Skilled worker encountered “volunteering” loses challenge to cancellation of leave
Family (27:20)
Two recent Strasbourg cases on family life between adults
EUSS (32:10)
Immigration Advice Authority (33:00)
OISC renamed Immigration Advice Authority from 16 January 2025
Deportation/Removal (33:50)
High Court gives guidance on secret correspondence for charter flight removals
Detention (35:00)
Home Office settles Manston inquiry judicial review
Updated (39:30)
Briefing: how to apply for a student sponsor licence
Home Office guidance on streamlined asylum processing for children
Briefing: how to apply for a religious work visa
What is the Immigration Advice Authority, previously known as the OISC?
Will I need Electronic Travel Authorisation to enter the UK?
Immigration roundup: December 2024
It’s goodbye to 2024 in this month’s podcast, with Sonia and Barry wrapping up December. They spend a bit of time discussing eVisas at the beginning of the podcast, before moving on to asylum and trafficking …
Show notes
It’s goodbye to 2024 in this month’s podcast, with Sonia and Barry wrapping up December. They spend a bit of time discussing eVisas at the beginning of the podcast, before moving on to asylum and trafficking where issues around the quality of decision making have been raised in a couple of different posts.
Barry covered two Court of Appeal decisions on the EU Settlement Scheme as well as an Upper Tribunal decision on deportation of EU nationals. Sonia discussed OISC’s name change and suggests that time and money might have been better spent on resolving the various issues with the new online portal. All that and much more!
The 46 minute long podcast follows the running order below:
eVisas (00:40)
eVisas and the hostile environment: a disaster waiting to happen
Home Office minister makes statement on eVisas
Asylum (13:10)
Briefing: current problems in the UK asylum system and how to address them
Migrant Help: now more helpful?
Court of Appeal dismisses Iranian asylum appeal
Afghan family to have application decided a sixth time after unfair refusal
Recent changes to the policy on granting leave to survivors of trafficking
Inspection of trafficking decision making body finds speed prioritised over quality
EUSS (23:10)
Court of Appeal says that application made to EU Settlement Scheme was correctly rejected
Court of Appeal allows appeal on EU Settlement Scheme dependency rules
Procedure (29:05)
New Presidential Guidance on litigation friends in the tribunals
Leave obtained by deception does not count as “continuous lawful residence”
Court of Appeal finds Home Office cannot use the same certification decision in successive removals
Unrepresented claimant fails in judicial review of voided application
Deportation (38:10)
Upper Tribunal clarifies position on deportation of EU nationals for pre and post-Brexit conduct
Regulatory (39:14)
Office of the Immigration Services Commissioner to be replaced by Immigration Advice Authority
Nationality (41:25)
High Court dismisses challenge to refusal of indefinite leave under Windrush scheme
Updates (45:00)
Fee waivers: what can you do if you cannot afford to pay your immigration application fee?
Immigration roundup: November 2024
Barry returns and joins Sonia to run you through November on Free Movement. It was statistics galore for Sonia who covered the latest immigration, asylum and trafficking figures. A surprise statement of changes …
Show notes
Barry returns and joins Sonia to run you through November on Free Movement. It was statistics galore for Sonia who covered the latest immigration, asylum and trafficking figures. A surprise statement of changes contained bad news for Colombians and Ukrainians. Barry was a really big fan of Colin's review of the latest Paddington movie and enthusiastically endorsed Alex Piletska's suggestion that the referee requirement for citizenship applications is scrapped. There were also several cases covered, including a detailed explanation from Sonia of the implications of the latest challenge to the no recourse to public funds policy. Full details of all the posts we covered can be found below.
The 50 minute podcast follows the running order below:
General immigration (00:40)
Safe options for Ukrainians and Colombians coming to the UK shut down in latest statement of changes
Asylum (03:50)
States cannot refuse asylum claims by LGBTQI+ people based on the ‘discretion test’ alone
Trafficking referrals and decisions at record high in latest statistics
Unlawfully withdrawn asylum claim results in quashing of trafficking reconsideration refusal
Regulation (14:10)
OISC adviser who worked beyond his authorisation loses appeal against cancellation of registration
Law Society reaccreditation exam: how to prepare and what to expect
EUSS (19:50)
Lack of appeal against rejection of late EUSS applications does not breach Withdrawal Agreement
EEA national appellant in prison on 31 December 2020 deemed not to be exercising treaty rights
Nationality (28:00)
An immigration lawyer reviews Paddington in Peru: A very British bear
Work routes (34:00)
Court of Appeal dismisses challenge to employer penalty notice
Detention (37:10)
Inspection report concludes that Brook House is less safe than two years ago
Deportation (38:25)
Court of Appeal gives further guidance on assessing seriousness of an offence in deportation cases
Human rights (42:30)
High Court finds no lawful system in place for expediting change of conditions applications
Updates (47:30)
General grounds for refusal: understanding re-entry bans
A guide to right to work checks
How to apply for a skilled worker visa
Will I need Electronic Travel Authorisation to enter the UK?
Briefing: how to apply for a high potential individual visa
Can asylum seekers work while waiting for a decision on their case?
Immigration roundup: October 2024
Colin's back! But for how long? All is revealed in our October roundup podcast. Plus Sonia and Colin discuss hot topics such as the new practice direction for appeals in the First-tier Tribunal, appeals …
Show notes
Colin's back! But for how long? All is revealed in our October roundup podcast. Plus Sonia and Colin discuss hot topics such as the new practice direction for appeals in the First-tier Tribunal, appeals backlogs, issues in asylum interviews and reaccreditation for the Law Society's immigration and asylum scheme.
We also cover the latest Supreme Court decision on the best interests of children, a case involving some serious administrative failings at the Court of Appeal, climate change and refugees and the latest inspection report from the Independent Chief Inspector of Borders and Immigration. On work routes we cover posts explaining which routes can lead to settlement, the latest round of litigation on care home sponsor licence revocation and whether the skilled worker pay thresholds create an equal pay issue. All this and much more (and no politics!).
The 38 minute podcast follows the running order below:
Procedure (01:30)
New Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal issued
Court of Appeal apologises and grants four year extension of time after administrative failings
When can someone be refused a passport because of their name?
Supreme Court says that statutory duty regarding children does not apply to the First-tier Tribunal
Law Society immigration reaccreditation scheme: how does it work and how can we help?
Asylum (11:40)
Asylum appeal backlog rises to 33,000 cases, likely to rise further
Asylum interviews: what can go wrong and what can you do about it?
Advancing legal rights in the context of climate and disaster displacement
How child relatives of refugees can apply to enter or remain in the UK
Asylum delay challenge dismissed by High Court of Justice in Northern Ireland
Inspection of asylum accommodation reiterates need for the Home Office to listen to others
Spain ordered to pay compensation for failures in trafficking case
Deportation (23:30)
Work routes (25:40)
How to use the creative worker visa concession
Care home operator’s sponsor licence revoked for supplying sponsored workers to third parties
Which work visa routes lead to settlement?
What are the immigration dimensions to the new Employment Rights Bill?
Do the skilled worker salary threshold increases create an equal pay issue for employers?
EU Settlement Scheme (33:00)
EU Settlement Scheme: curtailment of pre-settled status after no longer meeting the rules
Family (34:40)
Updates (36:15)
Youth Mobility visa: what is it and how does it work?
Immigration roundup: September 2024
In this episode of the podcast Barry does everyone a big favour by taking us through the autumn statement of changes in detail. Sonia and Barry also have a bit of a call to arms on discretionary grants of …
Show notes
In this episode of the podcast Barry does everyone a big favour by taking us through the autumn statement of changes in detail. Sonia and Barry also have a bit of a call to arms on discretionary grants of indefinite leave to remain and tackling the ten year route. The importance of scrutinising country policy and information notes in asylum claims is covered over a few different articles. Barry goes through the minefield of travelling with leave under Appendix EUSS or a pending application, as well as the additional powers given to Border Force officials to cancel leave granted under Appendix EUSS at the border. Sonia really really doesn't want people to abuse the fee waiver process. We also cover Windrush and freedom of information requests, a successful Tier 1 (Entrepreneur) judicial review, the latest on biometric residence permits and eVisas, and more. We finish up with a look at the recent legal aid challenge and what the next steps look like there.
The hour long podcast follows the running order below:
General immigration (00:30)
Statement of changes HC 217: fee waivers for bereaved partners, visa regime imposed on Jordan
Asylum (10:30)
A troubling new approach to Afghan asylum claims
Detention (20:14)
Significant damages for victim of abuse at Brook House
Human rights (21:35)
Sponsored migration (28:00)
Challenge to refusal of Tier 1 (Entrepreneur) extension succeeds due to Home Office errors
EU Settlement Scheme (34:55)
Upper Tribunal provides guidance on the deportation of EU nationals for post-Brexit conduct
Travelling to the UK with (and without) status under the EU Settlement Scheme
Procedure (42:55)
General grounds for refusal: alleged deception, false information and innocent mistakes
Tribunal forces Home Office to publish report on the racism that underpinned the Windrush scandal
Report published on “The Historical Roots of the Windrush Scandal”
eVisas (49:15)
How to make a “no time limit” application
Lost or stolen biometric residence permits will no longer be replaced
Updated (50:30)
What happens when biometric residence permits expire in December 2024?
How to apply for a visa as the parent of a child in the UK
Pursuing compensation from the Home Office
Briefing: what is section 3C leave?
How to become a level 1 OISC adviser in immigration law
Good news! (53:10)
Lord Chancellor settles challenge to immigration and asylum legal aid rates
Immigration roundup: August 2024
Barry joins Sonia again this month to look back at what happened in August. We cover the latest statistics on asylum, immigration and trafficking. There are a couple of cases relating to asylum family reunion …
Show notes
Barry joins Sonia again this month to look back at what happened in August. We cover the latest statistics on asylum, immigration and trafficking. There are a couple of cases relating to asylum family reunion, as well as a policy change for those separated during Operation Pitting. Other cases covered included deprivation of citizenship, an unsuccessful challenge to legal aid provision for young people and a successful challenge by Bail for Immigration Detainees in a freedom of information challenge. We also discuss updates on a couple of reports from the Solicitors Regulation Authority and the latest on what is happening with Tech Nation.
The 43 minute podcast follows the running order below:
Asylum (00:55)
Positive decisions by immigration authority remain very low in latest trafficking statistics
Unsuccessful challenge to lack of legal aid for asylum interviews
Appeal against grant of limited bail on Diego Garcia dismissed
No discrimination found against Afghan man blocked from Ukraine schemes
New country of origin information on children and young people from Sudan
Home Office finally announces separated families route for Afghan evacuated families
How to prepare suicide risk cases
General immigration (22:40)
A step by step guide to applying for an eVisa
Solicitors Regulation Authority publishes reviews of training records and asylum legal services
Family (29:15)
Upper Tribunal says that article 8 rights of overseas family members must be considered
Work routes (33:25)
A route of last resort: two years of the UK Expansion Worker visa
The latest on Tech Nation and the Global Talent route
Nationality (35:40)
Court of Appeal dismisses appeal against deprivation of citizenship
Updated (38:25)
Leave to remain application date: how to calculate it and why it is important
How to apply for a UK Ancestry visa
How much does it cost to sponsor someone for a UK work visa?
Briefing: what is leave outside the rules?
Will I need Electronic Travel Authorisation to enter the UK?
Immigration roundup: July 2024
It's August and Colin is away on holiday so Sonia was joined by a very special guest, Barry O'Leary, for the July roundup. Sonia and Barry discussed the end of the Rwanda scheme and the resumed processing of …
Show notes
It's August and Colin is away on holiday so Sonia was joined by a very special guest, Barry O'Leary, for the July roundup. Sonia and Barry discussed the end of the Rwanda scheme and the resumed processing of asylum cases, things not to do when carrying out an asylum backlog clearance, and the latest pause on decision making. They also cover the many EU Settlement Scheme cases that came out in July, the Windrush Compensation Scheme, a very popular post on a case involving estoppel and passports, and much much more.
The 53 minute podcast follows the running order below:
Asylum (00:55)
The Rwanda policy is in its death throes
Asylum processing to resume as new regulations allow grants of leave to be made
Lessons to be learned from the last asylum backlog clearance exercise
Successful challenge by Masters student to asylum accommodation move
Freedom of information request shows increase in multiple asylum interview invites for applicants
Asylum Support Tribunal says it can consider lawfulness of Home Office withdrawal of asylum claims
High Court finds trafficking decision unlawful for failure to consider all available evidence
Policy on leave to remain for survivors of trafficking continues to cause confusion and distress
EU Settlement Scheme (17:30)
Lengthy absences from the UK can still put EU settled status at risk
EU Settlement Scheme: automatic extensions and potential curtailments
Home Office policy on delaying consideration of EUSS applications held to be unlawful
Court of Appeal finds breach of Withdrawal Agreement in “mystery” stamp case
Court of Appeal resolves ambiguity about assumed dependency in EU Settlement Scheme
Detention (28:07)
Harmondsworth detention centre inspection report: “worst conditions” ever seen
Nationality (30:30)
Briefing: a guide to applications to the Windrush Compensation Scheme
High Court upholds refusal to register child as a British Citizen
Points Based System (38:30)
Procedure (41:42)
eVisas: who is affected and what steps to take now
First-tier Tribunal judge carried out “wholly inappropriate” cross-examination of appellant
Immigration (48:20)
Immigration roundup: June 2024
Here is your June round up of Free Movement. In this episode Colin and Sonia discuss why the Illegal Migration Act should be repealed, an appalling decision on trafficking delays, a much better decision on …
Show notes
Here is your June round up of Free Movement. In this episode Colin and Sonia discuss why the Illegal Migration Act should be repealed, an appalling decision on trafficking delays, a much better decision on section 3C leave, the raised standard of proof in asylum claims, one and a bit cases on challenging judicial behaviour, the latest care home revocation case and much much more. By popular (?) demand, we finish with a chat about the general election.
The 39 minute podcast follows the running order below:
Asylum (00:40)
Briefing: four problems in the UK asylum system and how to address them
Almost four year delay in deciding trafficking claim held to be lawful by High Court
The new, higher standard of proof doesn’t apply to human rights claims
Procedure (13:10)
Home Secretary’s failure to provide digital proof of status to those with section 3C leave held to be unlawful (and see here for an update from RAMFEL: https://www.ramfel.org.uk/news-and-blog/3c-leave-update-time-to-request-digital-proof-of-status)
High Court decides there is no oral permission hearing in Cart judicial reviews
Court of Session gives guidance on transferring judicial reviews to the Upper Tribunal
Points based system (18:40)
Another care home sponsor licence revocation successfully challenged in the High Court
Policy (22:25)
Failure to implement Windrush recommendations held to be unlawful by High Court
Where are we now and what is the future of the Illegal Migration Act?
Updated articles (25:20)
Should refugees claim asylum in the first safe country they reach?
What is the difference between a “refugee” and an “asylum seeker”?
What is the refugee definition in international and UK law?
Can Ukrainians take refuge in the UK? Ukraine schemes and other routes
How does immigration and nationality law apply to adopted children?
How to apply for a Skilled Worker sponsor licence
General election 2024 (26:15)
What changes does a Labour government promise for business immigration?
Exploitation of overseas domestic workers
In this podcast Sonia discusses Kalayaan's new report "12 years of modern slavery" with Avril Sharp, immigration lawyer and policy officer. The report looks at the history of the overseas domestic worker visa …
Show notes
In this podcast Sonia discusses Kalayaan's new report "12 years of modern slavery" with Avril Sharp, immigration lawyer and policy officer. The report looks at the history of the overseas domestic worker visa, and the harmful changes that have made.
They also discuss the impact of the Nationality and Borders Act 2022, delays within the National Referral Mechanism system for identifying survivors of trafficking and modern slavery, the experiences of those within the system, similarities with other "tied" visa routes and changes that need to be made to protect domestic workers.
These are the latest 40 of 146 episodes. You’ll find older episodes in the podcast’s feed.
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