The Home Secretary has commissioned the Migration Advisory Committee to carry out a rapid review of the new immigration salary list, which will be the new name for the shortage occupation list. This follows the committee’s previous recommendation that the list be abolished and the government’s subsequent commitment to reform...
“This is a very dark day for many families who will be unable to meet the … new income requirement” commented Sonia on the day the Home Secretary announced that the minimum income requirement for partners under Appendix FM was going to be raised. Her view is shared by many immigration...
In the case of R (On the Application Of Medical Justice) v Secretary of State for the Home Department [2024] EWHC 38 (Admin), handed down on 12 January 2024, the High Court allowed a judicial review brought by the charity Medical Justice to a Home Office policy of seeking a...
The Immigration (Health Charge) (Amendment) Order 2024 passed into law on 16 January 2024 and is now available on legislation.gov.uk. The new rates will apply to applications made on or after 6 February 2024, which is 21 days after the order became law. The ‘normal’ surcharge will increase from £624...
Appendix Children was published in October 2023 and consolidates most of the rules for child dependents of parents on points-based immigration routes which were previously spread out across the individual categories. It also covers children applying in their own right in points-based categories that allow for that, such as the...
Salary: up to £35244Hours: Full Time or Part Time Considered Central England Law Centre (CELC) is looking for an Immigration Solicitor/Caseworker to join our friendly Immigration Team. The successful candidate will be compassionate, committed individual who enjoys working within a team and with clients to resolve all their interconnecting legal...
Section 17 of the Children Act 1989 imposes a general duty on local authorities to safeguard and promote the welfare of “children in need” in their area. To fulfil this duty section 17 gives local authorities the power to provide support, including accommodation and financial subsistence to families with “children...
Welcome to the weekly Free Movement newsletter! We think we’re finally back to the normal format this week and in the final stages of sorting snags from the website rebuild just before Christmas… There was tragic news from the Channel this weekend. Five people are reported to have drowned as...
On 13 December 2023 the Home Office announced that the rates of additional payments made to pregnant asylum seekers and children under 4 years old under Regulation 10A of the Asylum Support Regulations 2000 would be increased in line with the Department of Health and Social Care’s ‘Healthy Start’ scheme....
The Unity Project is recruiting two immigration casework coordinators The Unity Project (TUP) supports people who are facing poverty and homelessness because their immigration status allows them ‘no recourse to public funds’ (NRPF). We believe NRPF should not exist and we are working to end it. In the meantime, we...
In our December 2023 round up, Colin and Sonia discuss the latest developments with Home Office evictions and withdrawals, as well as the new Rwanda legislation. We also cover the government’s five point plan to reduce net migration as well as the latest case law and Tribunal statistics. If you...
We’ve decided to turn the text of Sonia’s weekly email newsletter introduction into a blog post. It’s too good for us not to share with blog readers as well as newsletter subscribers. If you want the newsletter promptly and straight to your inbox on Mondays at 12pm then you’ll still...
On 21 December 2023 the Immigration Minister published a letter setting out a concession for people who wish to make an application to the Hong Kong British National (Overseas) route but who are currently in the UK without permission. A formal Ministerial Authorisation under the Equality Act 2010 has also...
The Immigration (Age Assessments) Regulations 2024 providing for the use of scientific age testing of children have come into force on 10 January 2024. A reminder of the response from the Royal College of Paediatrics and Child Health to these proposals: Evidence shows that using x-rays to determine age can...
The latest statistics from the Home Office break down the “flow” backlog (i.e. asylum claims made on or after 28 June 2022) into three separate groups. It is important to understand the different ways that they are treated, all of which involve the inadmissibility process in some way. Taking them...
A “returning resident” is a resident of the United Kingdom with settled status who returns to the country after a lengthy absence abroad. Ordinarily, when a person refers to “returning residents” they might be talking about a temporary resident who leaves for a short time, for example on holiday or...
The High Court ruling in Prestwick Care Ltd & Ors v Secretary of State for the Home Department [2023] EWHC 3193 (Admin) has upheld the Home Office’s decision to revoke the sponsor licence of a large care home operator in the North East. The judgment is a harsh reminder that,...
With the news that the immigration health surcharge will be going up dramatically, potentially in the next few weeks, it makes sense for people already in the UK or looking to move here soon to look at whether an early application is possible. As a reminder, the increase is from...
The Senior President of Tribunals has published his 2023 annual report which includes updates from the Immigration and Asylum Chambers of both the First-tier Tribunal and Upper Tribunal. Apart from reporting on the extensive preparation work that has been required for both the Nationality and Borders Act 2022 and the...
Need or want to learn immigration law with an OISC Level 1 training course? Planning to sit the OISC level 1 exams? Prefer to learn in a small group? We have the perfect course for you. Our approach to OISC Level 1 training is to offer ‘guided learning’. Trainees study...
In Oluponle v Home Office [2023] EWHC 3188 (KB), the claimant was awarded £20,000 for 60 days’ false imprisonment. Several helpful comments were made on various Home Office failings during the detention process. Background The claimant was a Nigerian national who had been caught trying to fly to Ireland using...
In December 2022 the Prime Minister pledged to clear the ‘legacy’ backlog (claims made before 28 June 2022 when certain provisions of the Nationality and Borders Act 2022 were brought into force) by the end of 2023. Yesterday he claimed that this goal had been achieved, despite the government’s statistics...
Welcome to the weekly Free Movement newsletter! I was away last week so this is very much an exercise in catching myself up, as well as all of you. It seems that quite a lot happened, and so in absolutely no particular order (apart from doing Rwanda last because I just...
The Upper Tribunal has held that it is lawful for the Home Secretary to deprive a person of their British citizenship without notice, in this case because of a concern that the second nationality would be renounced. Renunciation would have meant that deprivation of British citizenship would be at risk...
The Court of Session has concluded in SOOY v Secretary of State for the Home Department [2023] CSOH 93 that the Judicial Review and Courts Act 2022 has been effective in removing the ability to bring a Cart/Eba judicial review of Upper Tribunal permission to appeal decisions, except in very...
In Dani (non-removal human rights submissions) Albania [2023] UKUT 293 (IAC) the Upper Tribunal has said that an application made under the EU settlement scheme does not in itself amount to a human rights claim. This is yet another case where people trying to access their rights under the EU...
The High Court has issued a damning interim relief decision with a laundry list of Home Office failures in a case challenging the detention of a potential victim of trafficking with mental health issues and several criminal convictions. The case is R (ER) v Secretary of State for the Home...
A new version of the Home Office caseworker guidance “Withdrawing asylum claims” has been published, halving the amount of time people are given to explain reasons for missing an interview as well as setting out some additional steps for those who miss an interview. You can see a comparison of...
Reunite Families UK, a lived experience organisation, have published a timely new report looking at the negative mental health impact of family separation caused by the immigration rules, particularly the minimum income requirement. The research looks at the current position, which is shortly to become considerably worse when the increase...
We have two exceptional opportunities to join the Anti Trafficking and Labour Exploitation Unit’s award winning legal team in 2024. Lead Immigration Lawyer We are looking for a dynamic and committed individual to join our legal team as Lead Immigration Lawyer, based in our London office. This is an exciting...
The two district councils and local resident who brought a judicial review challenging the use of decommissioned Ministry of Defence sites at Wethersfield and Scampton to accommodate men seeking asylum have been unsuccessful in the High Court. The case is R (Clarke-Holland) v Secretary State for the Home Department &...
The Independent Monitoring Boards have published their National Annual Report for 2022 on the immigration detention estate and concerns have been raised in relation to several areas, many of which will be familiar to anyone working in this area. People are still being detained for too long, including one person...
A compilation of top content on UK immigration law and policy, updated weekly. Immigration as contract: care visas and international students – Colin’s Substack, 15 December Bibby Stockholm asylum seeker who died in suspected suicide is named – The Guardian, 18 December One person dead after refugee boat in Channel...
The Home Office has conceded a judicial review and accepted that the ‘Detention Services Order 04/2020: Mental Vulnerability and Immigration Detention‘ was not operating effectively or as intended in ‘certain cases’, particularly in cases where there are concerns about a detained individual’s ability to make immigration related decisions. The concession...
This article provides an overview of some of the safeguards available for those who are held in immigration detention, focussing particularly on those who have been victims of torture. These safeguards are all the more important following the expansion of detention powers under section 12 of the Illegal Migration Act....
Rainbow Migration, the longest-running charity in Europe dedicated to supporting LGBTQI+ people through the asylum and immigration system, is recruiting for a Legal Service Manager to join our management team. The Legal Service Manager will lead and develop our unique immigration advice service and work closely with colleagues to provide...
The government’s Migration Advisory Committee published its annual report this week. It’s worth a look if you’re interested in how immigration works and want to understand what has happened with social care visas and international students. And their dependents. And what might happen next. Some interesting analysis there about unintended...
The Free Movement website will be down over the weekend while it is updated. When it comes back up, hopefully on Sunday, it will look subtly different. We are updating the software behind the website for the first time since 2016. We’re not planning any major changes to the design,...
As anyone who has ever battled the Home Office over whether a client has “sole responsibility” over a child’s upbringing or whether their exclusion is otherwise undesirable will know, this requirement is antiquated, outdated and causes a lot of unnecessary stress and hassle while separating children from their parents. Paragraph...
