The Nationality and Borders Act 2022 hit the statute books yesterday. The Home Office says that the Act “puts into law that those who arrive illegally in the UK – who could have claimed asylum in another safe country – can be considered as ‘inadmissible’ to the UK asylum system”,...
Expert reports are common in asylum and human rights cases. They usually address either the conditions in the applicant’s country of origin or their physical or mental health. The duties of an expert witness giving evidence in court are well established. Specific guidance for experts providing reports for cases in...
Solicitors’ immigration practice for sale. Turnover c. £100K with high profit margin. No office or staff obligations. Established over 20 years in Central London. Zero claims record. PII: £3,200. A reputation for nationality matters as well as a broad scope of Immigration Law. Work sourced from previous clients, both private...
The “hostile environment” that has come to define the UK’s approach to immigration policy is by now such a well-known phrase that I wonder if it has lost all meaning. It was no doubt used as a point of pride by those who popularised the term during Theresa May’s tenure...
There should be a higher minimum wage just for social care workers rather than looser visa rules, the Migration Advisory Committee has recommended. Releasing a new MAC report on the impact of Brexit on adult social care, chair Brian Bell said: We maintain that only a significant rise in pay...
The Home Office has withdrawn its “pushback policy” which purported to set out a plan to return migrant boats in the English Channel to France. The climbdown follows recent skirmishes over expert evidence and disclosure — see [2022] EWHC 517 (Admin) and [2022] EWHC 823 (Admin) — as part of...
My textbook on refugee law, imaginatively entitled Refugee Law, is published today. It is aimed principally at undergraduate and graduate students on refugee law courses, or related courses where students need to learn about refugee law and the protection of refugees. It will also be useful to lawyers and advisers...
This decision forms the next episode in the saga of cases arising from the Test of English for International Communication (“TOEIC”) certificates obtained from test centres in the United Kingdom administering tests set by the Educational Testing Service (“ETS”). The BBC Panorama programme broadcast on 10 February 2014 exposed widespread...
For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if this first, fundamental requirement isn’t met. Validity is a bit like oxygen: all things being well, it is invisible and unnoticeable. You only notice it...
Are you a “foreign criminal” if you were a British citizen when convicted and sentenced, but you’ve lost that citizenship by the time the Home Office decides to deport you? Yes, said the Court of Appeal in Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492,...
Ali v The Home Office [2022] EWHC 866 (QB) is a successful appeal against the Central London County Court’s decision to dismiss the false imprisonment claim of a recognised Afghan refugee, detained for 98 days under the Detained Fast Track process in 2015. Larry has previously covered the County Court decision, which...
The Home Office has finally published details of the requirements for sponsors in the UK Expansion Worker visa category. Part of the Global Business Mobility family, it replaces the Sole Representative visa — but how effectively does it fill this niche in the UK immigration system? “Evolving in tandem with...
The government has announced a deal to export the UK’s responsibility to assess asylum claims and host refugees to Rwanda. Boris Johnson said in a speech that “anyone entering the UK illegally, as well as those who have arrived illegally since January 1st, may now be relocated to Rwanda”. This...
The UK-Rwanda memorandum of understanding on asylum processing is now available. It sets out the terms of the agreement between the countries at a high level but provides some insight into how this scheme is supposed to work. Before removal Importantly, the UK has committed to undertaking an “initial screening”...
Imagine you are a Ukrainian refugee. Imagine you have left your home, your job, and almost all of your possessions behind. Perhaps your husband or son or father — or perhaps all of them — have stayed behind to fight. You head for the nearest border. Maybe that is Poland,...
How broadly does the decision in R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 protect applicants from the catastrophic consequences of becoming an overstayer after making an invalid application to extend immigration permission? As a reminder, the Court of Appeal in Afzal held that...
The Law Commission is working on an 18-month project to roll up all the UK’s Acts of Parliament on immigration into one giant Immigration Act. A spokesperson confirmed to Free Movement that the law reform body has agreed to carry out a consolidation of the primary legislation dealing with immigration....
The Court of Appeal has held that the unlawful removal of a vulnerable Afghan child and the 18 months of disruption to his private life entitles him to damages under the Human Rights Act 1998 and under EU law. The case is QH (Afghanistan) v Secretary of State for the...
A successful application for asylum or humanitarian protection in the UK results in the grant of five years’ permission to stay, on what is known as a “protection route”. People granted permission on a protection route then need to apply for settlement, or “indefinite leave to remain”, shortly before the...
There is no hard border between Northern Ireland and the Republic of Ireland, and British and Irish citizens are able to cross the land border freely. Section 11(4) of the Immigration Act 1971 means that journeys within the Common Travel Area — both over the land border, and across the...
Welcome to episode 99 of the Free Movement immigration update podcast. This month we start with statements of changes to the Immigration Rules on Ukraine, ten-year routes to settlement and the suite of new business visas. I then try not to get too cross about Comprehensive Sickness Insurance before turning...
Deciding whether someone is of good character in the context of a citizenship application is up to the Home Office. Getting that decision overturned in the courts is likely to be very difficult. This is what we learn from the Court of Appeal’s decision in R (Amin) v Secretary of...
Update: new fees apply from 4 October 2023, the details of those are here. The updated list of fees for immigration and nationality applications that apply from 6 April 2022 shows that most visas and extensions are up £15. Citizenship and sponsor licence rates are unchanged. Headline application fees had...
A new law preventing migrants from using their residence permits to prove their right to rent or work in the UK is coming into force without robust parliamentary debate. From 6 April 2022, no migrant in the UK will be able to use their biometric residence permit or card as...
The Home Office has been ordered to make a decision in principle on an Afghan judge’s visa before making him come out of hiding to lodge a formal application. The case is R (JZ) v Secretary of State for Foreign, Commonwealth and Development Affairs & Ors [2022] EWHC 771 (Admin)....
When the Nationality and Borders Bill returns to the House of Lords later today, it will contain a registration provision allowing direct descendants of those born on the Chagos Islands to become British nationals. The Chagossians will be entitled to British overseas territories citizenship (BOTC) and, if they want it,...
How is the Home Office doing with implementing the lessons it is supposed to have learned from the Windrush scandal? In March 2020, the independent Wendy Williams review of the department called for root and branch reform; the Home Secretary said that she accepted all 30 recommendations in full. 18...
The Nationality and Borders Bill returns to Parliament today. The House of Lords is being presented with the Bill for a second time after MPs voted to remove all its previous attempts to drastically water down the legislation; typically the unelected chamber backs down at this point. Barring any very...
The Home Office has agreed to withdraw its decision to refuse asylum to a Ukrainian man who evaded the military draft, meaning that an appeal from the country guidance decision of PK and OS (basic rules of human conduct) Ukraine CG [2020] UKUT 314 will no longer be heard by...
The High Court in COL v Director of Public Prosecutions [2022] EWHC 601 (Admin) has taken the Crown Prosecution Service to task for its decision not to charge the alleged traffickers of a victim of modern slavery. The claimant, a national of the Philippines and a domestic worker, was confirmed...
The Home Office is writing two special visa schemes for Ukrainians into the Immigration Rules and adding a third for people already here. Statement of changes HC 1220 codifies the existing Ukraine Family Scheme and Homes for Ukraine Scheme (described here) from today, 30 March 2022, and creates a new...
As a result of the almost aggressively complex way our immigration system works, not just in law but procedure as well, Ukrainians applying under the Ukraine Family Scheme or Homes for Ukraine may appear to be granted less time in the UK than they were promised. Applicants to both schemes...
Under EU free movement law, British citizens who had been exercising “treaty rights” in the European Economic Area and then decided to move back to the UK could sponsor their family members to come with them. This allowed them to use the friendlier EU law rules on family migration, rather...
An immigration lawyer has settled a defamation case against the Sun after being monstered for her work with detained asylum seekers. The newspaper had accused Uma Devi Rajasundram of Milestone Solicitors of “shamelessly touting a price list” of legal aid charges for asylum seekers. The article was accompanied by quotes...
The High Court has held that the Home Office’s search for and seizure of mobile phones from migrants who arrived by small boats from France, and the retention of extracted data, was unlawful. The case is R (HM, MA, KH) v Secretary of State for the Home Department [2022] EWHC...
Further to the recent update to Upper Tribunal anonymity rules, we now have fresh guidance on the issue from the First-tier Tribunal and Court of Appeal. President Clements’s note contains this important passage: 10. There is a need for caution where the Tribunal is considering making an [anonymity] order of...
The UK government has published changes to the Immigration Rules introducing the Global Business Mobility visa. They come into force on 11 April 2022 and provide new solutions for overseas firms transferring staff to the UK. Announcing the route last year, the Home Office admitted that “immigration routes that may...
Before 1 January 2021, British and EU citizens did not require a visa to travel across the Channel on a business trip. This is largely still the case post-Brexit, so we’ve been left with the appearance that nothing has really changed from a legal perspective. But with the end of...
The Office of the Immigration Services Commissioner is changing. For one thing, there will soon be no office — or at least, not a physical one. The OISC is ditching its London headquarters and going fully remote, as well as regional. From 1 April, its staff will be assigned to...
