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It is ten years since I launched Free Movement membership. In that decade, I’ve increased the cost just once, in 2022. Two years later, it is time for another increase. The new prices will take effect from 1 May 2024 for all renewed subscriptions and for entirely new subscriptions. If...

24th April 2024
BY Colin Yeo

Closing date: 13th May 2024 5pm This is an opportunity to join a highly successful, creative, dynamic immigration team. Islington Law Centre has a much-respected Immigration Team.  We are a category 1 Legal Aid Immigration provider and we have considerable experience across the range of immigration work with experience of...

24th April 2024
BY Free Movement

Welcome to the weekly Free Movement newsletter! The only version of the Prime Minister’s press conference that I recommend reading is this fact checked one by Lizzie Dearden. As my periodic reminder that there are two countries involved in this process, it is worth checking in with what is happening at Rwanda’s...

23rd April 2024
BY Sonia Lenegan

Almost two years after changes were made by the Nationality and Borders Act 2022 to the standard of proof, we have our first reported decision from the Upper Tribunal on how the assessment of whether a person’s fear of persecution is “well-founded” should be carried out. The case is JCK...

23rd April 2024
BY Sonia Lenegan

Presumably because everything is going so well with the Illegal Migration Act 2023 and the Rwanda Bill, it appears that the government is setting its sights back on the Nationality and Borders Act 2022, in particular the provisions not yet in force around priority removal notices and accelerated detained appeals....

22nd April 2024
BY Sonia Lenegan

The backlog of cases in the inadmissibility process was in the news again last week following senior Home Officials’ evidence session at the Public Accounts Committee on Monday. This article looks at legal arguments that can be made in relation to the Home Office’s delay in making admissibility decisions for...

22nd April 2024
BY Monika Glowacka

The Home Secretary has lost a case where it was argued that a refugee who held indefinite leave to remain in the UK should not be permitted to return to the UK based on his right to a private life. The refugee in question had lost his travel document while...

19th April 2024
BY Sonia Lenegan

The Court of Appeal has rejected the appeal against deportation of a woman who was sentenced to less than four years and who has lived in the UK for almost 40 years. The court said that it is not necessary for the Upper Tribunal to mention factors when making a...

18th April 2024
BY Sonia Lenegan

The Independent Chief Inspector of Borders and Immigration’s report ‘An inspection of the use of deprivation of Citizenship by the Status Review Unit’ contains some interesting points around the high number of Albanian decisions, proposed solutions for what happens to a person after deprivation and some fairly troubling use of...

17th April 2024
BY Sonia Lenegan

Closing Date: 13-May-2024 Lead Immigration Lawyer We are looking for a dynamic and committed solicitor (or barrister with authorisation to conduct litigation) to join our legal team as Lead Immigration Lawyer. This is an exciting role, and will suit someone who enjoys using the law creatively and working collaboratively.  ATLEU...

17th April 2024
BY Free Movement

Welcome to the weekly Free Movement newsletter! “Election vanity scam” (as coined by someone who seemingly works for the Home Office) is probably the most accurate description of the Rwanda plan at this point. As I have said before, best case scenario for the government surely has to be that any...

16th April 2024
BY Sonia Lenegan

In the March roundup, Sonia and Colin discuss the latest with Albanian cases as uncovered in the Independent Chief Inspector of Borders and Immigration’s report on asylum casework. We cover articles looking at recent changes to the Ukraine schemes, as well as a reminder of the existence of Hamid cases...

16th April 2024
BY Sonia Lenegan

During judicial review proceedings it has been disclosed that around 80 children were evacuated from Afghanistan and separated from their families and a new route is to be put in place to facilitate the reunion of these families shortly. The case is R (HR & Ors) v Secretary of State...

15th April 2024
BY Sonia Lenegan

The Appendix FM minimum income requirements for spouse and partner visas can catch out even those with enough money to meet them. Having the money only takes you so far: the income must come from a specific source, must be calculated in a certain way, and specified evidence must be...

12th April 2024
BY Jack Freeland

In other posts we have looked at the requirements to be satisfied by a spouse or partner who seek leave to enter or remain. Under Appendix FM, the sponsor can be a British citizen, a settled person, a refugee, or someone with humanitarian protection, limited leave under Appendix EU, Appendix...

12th April 2024
BY Gabriella Bettiga

Spouses and partners of British citizens or people settled in the UK can apply for a visa to join or remain with their loved ones. These applications are dealt with by the Home Office under the immigration rules. Specifically, the part of the rules that applicants need to navigate are...

12th April 2024
BY Gabriella Bettiga

On 10 April 2024 the Home Office introduced a fee waiver process for those applying to extend their leave in Appendix Hong Kong BN(O) however the new process introduces barriers that do not exist for other routes and will be insurmountable for some applicants, through no fault of their own....

11th April 2024
BY Sonia Lenegan

Today The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 was laid before Parliament, this sets out increases to fees including immigration judicial reviews in both the Upper Tribunal and Administrative Court as well as for applications to the Court of Appeal. For the Upper Tribunal, Article 10 of the...

10th April 2024
BY Sonia Lenegan

The Office of the Immigration Services Commissioner (’OISC’) has published their response to last year’s consultation on the code of standards. Under the Immigration and Asylum Act 1999 it is a criminal offence to give immigration advice unless you are properly regulated. For those who are not practicing solicitors, barristers...

10th April 2024
BY Sonia Lenegan

Welcome to the weekly Free Movement newsletter! On the asylum front, things are still relatively quiet but this is very much the calm before the storm, as the Rwanda Bill is expected to pass next week. We will then hopefully at least get some clarity as to how the government intends to...

9th April 2024
BY Sonia Lenegan

On 13 March 2024, in AUS v R [2024] EWCA Crim 322, the Court of Appeal quashed the 2010 conviction of a Somali citizen who was sentenced to 12 months’ imprisonment for possession of a false identity document, contrary to s25(1) of the Identity Cards Act 2006. The applicant was...

9th April 2024
BY Colin Gregory

Closing date Friday 26 April 17:00 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 simple solutions with the...

9th April 2024
BY Free Movement

The Upper Tribunal has found that Appendix EU (Family Permit) requires those coming to the UK under these rules to be joining the relevant EEA national, and that it is not enough to be in the same country and joining their spouse only. The case is MD and Others (‘joining’,...

8th April 2024
BY Sonia Lenegan

If a European national receives a criminal conviction arising from conduct which took place before the Brexit cut-off date, how can they rely on those previous EU rules in an appeal against deportation? The question is important because of the very large difference in the protections afforded by the previous...

8th April 2024
BY Nick Nason

The Court of Appeal has told the Ministry of Defence that they must reconsider whether an Afghan former Supreme Court judge is eligible for resettlement to the UK under the Afghan Relocations and Assistance Policy (ARAP). This was following an unsuccessful appeal by the Home Secretary and the Defence Secretary...

5th April 2024
BY Sonia Lenegan

In recent months two cohorts of young people, those granted ‘Calais leave’ and those granted leave under section 67 of the Immigration Act 2016, have begun to reach the end of five years’ limited leave to remain. The immigration rules currently provide a route to either further limited leave or...

4th April 2024
BY Daniel Rourke

CLOSING DATE:  25 April 2024 JOB TITLE: Children and Young People’s Asylum Solicitor/ Caseworker   LOCATION: Asylum Aid Office (London) RESPONSIBLE TO: Immigration Supervisor   CONTRACT: Permanent, full time (37.5 hours) – part-time working considered (minimum 30 hours per week) SALARY: £34,000 p.a. (pro rata if part time) BENEFITS: 27 days holiday plus 4% matched […]

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4th April 2024
BY Free Movement

Welcome to the weekly Free Movement newsletter! Over the weekend, the number of people who have crossed the Channel to the UK by small boat reached 5,435. This is a 43% increase from the same time last year. Although all of these arrivals would be blocked from the asylum system if...

3rd April 2024
BY Sonia Lenegan

This article explains how to make a successful change of conditions application where a person needs to lift the no recourse to public funds restriction (NRPF) from their grant of leave. This article is written for applicants as well as for the lawyers and advisors who may be assisting in...

3rd April 2024
BY Caz Hattam

The Office of the Immigration Services Commissioner (OISC) has published its annual report for the year 2022/23. One of the key points made is that the number of new immigration advisers is said to be rising, but not rapidly enough to meet even-faster rising demand for immigration law advice. This...

2nd April 2024
BY Colin Yeo

The High Court has dismissed a judicial review raised by an Albanian national challenging a negative reasonable grounds (first stage) decision in his trafficking claim, finding that his employer did not have the intention to exploit him at the point of recruitment. The case is R (MT) v Secretary of...

2nd April 2024
BY Francesca Sella

As reported last week, the Irish High Court has held that the decision to put the UK on the list of safe third countries to return people seeking asylum to has been held unlawful. The case is A & anor v The Minister for Justice, Ireland and the Attorney General...

28th March 2024
BY Sonia Lenegan

The Independent Chief Inspector of Borders and Immigration’s report An inspection of the immigration system as it relates to the social care sector’ has been published and has identified some serious shortcomings in the sponsor licence process for the sector, while noting that the Home Office has started putting systems...

28th March 2024
BY Sonia Lenegan

A consultation has been launched by the Home Office on a major increase to OISC registration fees. The deadline for responses is 5 June 2024. Fees currently bring in around £1.3 million and the OISC costs around £2.2 million to run. The increase is intended to close that gap so that...

27th March 2024
BY Colin Yeo

The High Court has heard three Hamid referrals, two of which concerned asylum cases and one of those resulted in a referral to the Solicitors Regulation Authority. Given the professional implications, any practitioner reading this should already be well aware of the Hamid jurisdiction, which is essentially a disciplinary process...

27th March 2024
BY Sonia Lenegan

It looks like the next time we will see the Rwanda Bill is Monday 15 April, which the government is presumably fine with despite noises to the contrary given a) it isn’t going to stop people coming, b) Rwanda isn’t ready yet, and c) they don’t seem to have any...

26th March 2024
BY Sonia Lenegan

The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of the Brexit transition period cannot benefit from the EU Settlement Scheme or the EU Withdrawal Agreement. The decision is Siddiqa v Entry Clearance Officer [2024]...

26th March 2024
BY Iain Halliday

The Upper Tribunal has held that a person who was on immigration bail is unable to rely on the exemption from needing to hold a relevant document (showing that the Home Office had already recognised residence as a durable partner) where a person otherwise had a lawful basis of stay...

25th March 2024
BY Sonia Lenegan

On 14 March 2024 the government published its latest statement of changes to the immigration rules, which included changes to a number of UK immigration categories.  The most significant changes were to implement the plans laid out by the Home Secretary in December.  These include raising the minimum income requirements...

25th March 2024
BY Ross Kennedy

The Upper Tribunal has dismissed the appeal of an Iraqi man who had falsely claimed to be Iranian in his first asylum claim. The appellant had returned to Iraq in 2012 when that claim was unsuccessful, before returning to the UK and making a fresh claim in January 2020. He...

22nd March 2024
BY Sonia Lenegan
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