Welcome to the weekly Free Movement newsletter! For the third week in a row a person has died trying to cross the Channel to get to the UK. 23 people have lost their lives attempting that journey and there is a lot of this year left. Still nothing from the new government...
The “Pending Prosecutions” section of the EU Settlement Scheme: suitability requirements version 8.0 policy, which provided for applications to be paused where there was a pending prosecution, has been held to be unlawful by the Upper Tribunal. The case is R (Lukasz Krzysztofik) v Secretary of State for the Home...
The Upper Tribunal has dismissed the appeal of an EEA national who was in prison over the Brexit deadline of 31 December 2020 on the basis that he was not exercising treaty rights immediately prior to the end of the transition period. The case is Manyo (EEA deportation, Imprisonment at...
Don’t say I didn’t warn you with that headline. The Upper Tribunal has found that the First-tier Tribunal erred in failing make a finding on whether revocation of leave for a refugee on the grounds that he was deemed a danger to the UK amounted to a breach of the...
In Gadinala v Secretary of State for the Home Department [2024] EWCA Civ 1410 the Court of Appeal has given further guidance on how decision-makers should assess the seriousness of a crime in the context of deportation proceedings. This assessment is important because the more serious the crime, the greater...
Following a similar practice direction being published for claims issued in England and Wales, the Court of Session and Sheriff Court have issued Practice Note No. 2 of 2024 “Claims relating to EU and EEA EFTA Citizens’ Rights under Part 2 of the Withdrawal Agreement and Part 2 of the...
HM Chief Inspector of Prisons has published a report of an unannounced inspection of Brook House immigration removal centre. The inspection took place between 5 and 22 August 2024 and does not make pretty reading. The last inspection took place in June 2022. Since then, of the four tests for...
NACCOM (The No Accommodation Network) has published their annual data briefing “Understanding destitution and homelessness in the asylum and immigration system” looking at the extent and causes of destitution and homelessness among migrants. We already know from the official statistics that there has been a huge jump in homelessness of...
The quarterly trafficking statistics for July to September 2024 have been published, with a few records set including for the number of referrals and number of conclusive grounds decisions. The impact of the latter on delays is still difficult to tell because of the reorganisation of cases within the decision...
Welcome to the weekly Free Movement newsletter! The National Audit Office reported last week that the Home Office managed to buy the asbestos contaminated Northeye for a mere £9 million pounds more than it had been sold for the year before. The site was intended to be used as asylum accommodation but...
In the last few weeks there have been various reports of people with pending applications to the EU Settlement Scheme being issued with removal notices when re-entering the UK (for example, one covered in the weekly newsletter a couple of weeks ago and this story mentioned in yesterday’s newsletter). The...
The high potential individual visa is aimed at individuals who have graduated from a top global university. There is considerable international competition to attract these sorts of individuals, who ministers like to call the “brightest and best”. A visa aimed at them can therefore be seen as a pitch: a...
The Senior President of Tribunals has published his 2024 annual report on the tribunals. The section on the First-tier Tribunal (IAC) reports: In 2023/24, FtTIAC receipts increased by 53% to 58,000, compared with 2022/23. This mirrors an increase in Home Office decision-making of asylum claims. It is expected that asylum...
The High Court has held that an unlawfully withdrawn asylum claim can amount to exceptional circumstances meaning that an extension of time should be granted for a reconsideration request of a trafficking decision. The case is R (KM) v Secretary of State for the Home Department [2024] EWHC 2870 (Admin)....
As promised, I have taken the Law Society’s Immigration and Asylum senior caseworker reaccreditation exam. I passed but definitely have some notes on where a couple of questions could be improved (Law Society – call me!). Below I explained a bit more about how it works and have set out...
The Court of Appeal has held that where a notice of decision fails to advise an applicant of their right of appeal a refusal in breach of the Immigration (Notices) Regulations 2003, the time limit for appealing does not start to run. The consequence of that in this case, R...
Job description We are looking for an experienced Immigration and Public Law Solicitor to join our team in London. RLS has experienced tremendous growth in the past 3 years, including the award of an Immigration and a Public Law Legal Aid Contracts. As we go from strength to strength, we...
The Court of Appeal has held that “a simple statement to an employer that one of the people working for it has no right to work” is sufficient for the purposes of section 15(1) Immigration Asylum and Nationality Act 2006 when issuing an employer penalty notice. The case is Akbars...
Welcome to the weekly Free Movement newsletter! As predicted, “small boats week” didn’t exactly dominate news coverage last week, despite reports of further deaths. A couple of articles worth reading are Lizzie Dearden’s one on Home Office officials’ doubts over the government’s small boats plan and Enver Solomon in the Guardian on why “smash the gangs”...
Work Rights Centre has published a report “The forgotten third: migrant workers’ views on improving conditions in England’s adult social care sector” which looks at what the migrants who fill as many as 32% of care worker roles in England think about the sector and what needs to change. The...
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...
Full Time Position Location: Cardiff Salary: £29,000 – £32,000 (depending on qualifications and experience) Start Date: ASAP Job Overview: We are seeking two dedicated and compassionate Immigration, Asylum Case Workers to join our team. You will be responsible for advising and assisting clients with their immigration and asylum applications and...
The High Court has dismissed a challenge to changes made to late applications to the EU Settlement Scheme which removed the right to appeal where it is not accepted that the applicant had a good reason for applying late (i.e. where the application is rejected as invalid, rather than being...
Asylum seekers who would otherwise face destitution must rely upon support from the government. This support is limited to either £8.86 a week if their accommodation provides meals or £49.18 in other cases which means most will struggle to meet their basic needs. Given this meagre level of support, it...
The First-tier Tribunal (General Regulatory Chamber) has dismissed the appeal against cancellation of the OISC accreditation of an organisation, Anzan Immigration Lawyers, and its sole adviser Mr Ali Rahmanyfar after a large number of breaches of the code of standards. The case is Anzan Immigration Lawyers v Office of the...
Welcome to the weekly Free Movement newsletter! The bad news is that we apparently have to tolerate yet another media contrived “small boats week”. The good news is that this is the exact opposite of a quiet news week and the US election will presumably drown out most other news, whatever...
The skilled worker visa is the main work route under the points based immigration system. It was introduced on 1 December 2020, replacing a visa called Tier 2 (General). Joanna has previously explained the legal requirements for this visa. For example, the role must have a skill level of at...
The Office of the Immigration Services Commissioner (OISC) has published a new practice note “Interpreters and Translators” to support compliance with 4.2 of the new code of standards which is to “Provide prompt, clear and competent advice to your clients”. The note states that: A suitable interpreter or translator is...
The Journal of Immigration, Asylum and Nationality Law (with Bloomsbury Professional and the Immigration Law Practitioners’ Association) is holding a postgraduate dissertation competition: Calling all recently completed postgraduate students! You are invited to enter the annual postgraduate dissertation competition organised by the Journal of Immigration, Asylum and Nationality Law. JIANL, the only...
Employers in the UK are required to conduct right to work checks to ensure that their employees have the legal right to work. If the employer knows, or ought to know, that the individual does not have permission to work, they can face civil penalties of up to £60,000 and...
Closing date Apply by 17:00 on Friday 15th November 2024. About OTB Legal OTB Legal are a specialist UK immigration Law Firm, recognised by the Legal 500 and Chambers and Partners. At our core, we defy the conventional cliché of Solicitors. Our commitment lies in transforming complex immigration laws into...
The Home Office can impose entry bans on people who have previously breached immigration law or used deception in their application for leave. Bans can last one year, two years, five years or ten years. Generally speaking, and except for some minor exceptions, the person will not be allowed to...
The roll out of eVisas is going about as well as I expected, judging by the state of the forum/social media posts that I have seen. The Home Office has just launched a new form for reporting problems. Once submitted, people should receive a response within ten days either confirming...
The Senior President of Tribunals has issued a new Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal taking effect from 1 November 2024. This replaces the previous version dated May 2022. The new version is considerably longer, up from 12 pages in the previous version to...
A Youth Mobility visa enables people aged 18-30 (or 35 for some countries) to live and work in the UK, usually for up to two years. It used to be called the “working holiday-maker scheme” and some people may still call it that. Crucially, there is no requirement to have...
Welcome to the weekly Free Movement newsletter! Last week the House of Lords Secondary Legislation Scrutiny Committee published a report looking at several regulations including the Immigration and Nationality (Fees) (Amendment) Order 2024, part of which is now in force. It appears that the regulations were laid at least in part because applicants...
The Independent Chief Inspector of Borders and Immigration has published a report on “An inspection of contingency asylum accommodation November 2023 – June 2024” highlighting the usual problems around lack of stakeholder engagement and data as well as concerns about the lack of Home Office checks on accommodation providers. The...
The UK immigration system as it applies to the creative sector is a complicated hodgepodge of different categories, each with their own requirements and restrictions, advantages and disadvantages. These include visitor-based routes, such as creative visitors, permit free festivals and permitted paid engagements, as well as the now ubiquitous sponsored...
The Court of Appeal failed to seal the applicant’s notice in a case, resulting in an almost two year delay. The applicant was asked to make the application again and request an extension of time. When he did so there was then incredibly another two year delay in the Court...
The Law Society is launching its latest round of reaccreditations for senior caseworkers and supervising senior caseworkers in immigration law. Here we take a look at what we know and do not know about the scheme and then turn to how we can help you at Free Movement. Before we...
