Free Movement

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 Home Office confirms error in immigration rules and directs skilled worker sponsors to updated guidance   Asylum (10:30) A troubling new approach to Afghan asylum claims Inspection of Home Office’s country guidance on Rwanda includes concerns about methodology and omission of evidence Concerns raised about Home Office use of country information in new report on LGBTQI+ people in Georgia   Detention (20:14) Significant damages for victim of abuse at Brook House   Human rights (21:35) Nelson Shardey and the ten year route to settlement: running an effective legal challenge and campaign   Sponsored migration (28:00) ‘New entrants’ salary discounts for the skilled worker route: who can benefit and how well does it work Challenge to refusal of Tier 1 (Entrepreneur) extension succeeds due to Home Office errors International recruitment and skills shortages: what can we expect from the Migration Advisory Committee’s review?   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) The risks of making a fee waiver application for the purpose of “buying time” to make a different application 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

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) Latest statistics show little movement on the asylum backlog, drop in students and health and care workers 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 Tribunal orders Home Office to disclose information on emergency travel documents for Somalia and Eritrea 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?

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 Home Secretary delayed decisions on trafficking victims’ cases because of Rwanda policy – paving the way for potential damages claims     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 finds passport office prevented from refusing passport to person who may not actually be British High Court upholds refusal to register child as a British Citizen   Points Based System (38:30) High Court confirms that mandatory sponsor licence revocation is actually mandatory in latest care home case How the UK’s systems for dealing with overseas entertainers have descended into farce and how they can be improved   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) New Home Office guidance clarifies transitional provisions for absences in the 10 year long residence route

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 Kent County Council cannot avoid its duty to find placements for unaccompanied asylum seeking children   Procedure (13:10) Court of Appeal rejects claim that hearing was unfair because tribunal judge asked too many questions 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 Official evidence of English language test cheating will raise a case to answer, confirms Upper Tribunal   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?