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...
The official headnote to R (Ogilvy) v Secretary of State for the Home Department (Civil restraint orders) [2022] UKUT 70 (IAC) reads in full: It is the High Court’s inherent jurisdiction that enables it to make a civil restraint order which extends to the making of an application for judicial...
The Home Office has released a draft copy of updated guidance for employers on right to work checks, to kick in from 6 April. The guidance doesn’t contain much we didn’t know about already, but just to reiterate the key changes: For those with biometric work or residence permits, face-to-face...
Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the Court of Session in AS v Secretary of State for the Home Department [2022] CSIH 16. Unfortunately, the answer is no. The Home Office’s duty...
Two thirds of British people oppose the government’s Borders Bill plan to deny proper residence rights to certain refugees, according to the Law Society of England and Wales. A Law Society poll of almost 2,000 people, carried out on 1 March, shows that a clear majority support refugees who enter...
Someone correctly refused leave under the Immigration Rules as then in force is not the victim of a historical injustice, and therefore can’t rely on this as strengthening a subsequent Article 8 claim. So ruled the Court of Appeal in Rahaman & Another v Secretary of State for the Home...
The Home Office has promised to give UK visas to Ukrainian surrogate mothers and their families, casting a lifeline to intended parents. Provision will also be made for babies born outside the UK to Ukrainian surrogate mothers, according to Home Secretary Priti Patel, in a letter to leading surrogacy lawyers....
In R (EOG & KTT) v Secretary of State for the Home Department [2022] EWCA Civ 307, the Court of Appeal has confirmed that challenges arguing that Home Office policies breach the European Convention Against Trafficking (ECAT) are justiciable insofar as the policy purports to comply with ECAT. It went...
On 9 July 2022, the first people granted permission to stay under the ten-year private and family life routes will start to qualify for indefinite leave to remain. Now, just in time for that anniversary, the Home Office has introduced what it describes as a “simplified” approach to such cases....
The updated paperback edition of my book, Welcome to Britain, is published today. You can order it from your Friendly Local Bookshop (its actually easier to use Google Maps than that website, frankly), directly from the publisher or from well-known internet retailers. If you’d like a signed copy, order one...
In R (MD and EH) v Secretary of State for the Home Department [2022] EWCA Civ 336, the Court of Appeal has found that the Home Office’s non-payment of additional financial support to human trafficking victims who have children and receive asylum support was not unlawfully discriminatory. The facts The...
Latest from the Upper Tribunal on costs in judicial review proceedings: 1. Whilst no mention of the basis of costs assessment is made in the Tribunals, Courts and Enforcement Act 2007 or the Tribunal Procedure (Upper Tribunal) Rules 2008, the distinction drawn between the standard and indemnity bases by CPR...
No set of amendments to the Immigration Rules is complete without tweaks and additions to the ever-expanding Points Based Immigration System, and statement of changes HC 1118 is no exception. In addition to the changes already outlined by CJ, there are a number of important changes to existing routes, as...
The government has published 205 pages worth of changes to the Immigration Rules. The changes are being phased in over the next few months, starting on 6 April 2022. Highlights include: Children who live in the UK for seven years can get immigration permission with settlement either immediately or after...
The Immigration and Nationality (Fees) Order 2016 (SI 2016 No. 177) sets the maximum amounts the Home Office can charge for different types of visa applications. Up until 8 March 2022, the most that could be charged for a visit visa was £95. This has now been increased to £130....
Eligibility for NHS treatment does count as Comprehensive Sickness Insurance, the Court of Justice of the European Union has ruled. The case is C‑247/20 VI v Her Majesty’s Revenue and Customs. Background: non-working EU citizens needed health insurance Some rights to reside under EU law always seemed little more than...
Yilmaz & Anor v Secretary of State for the Home Department [2022] EWCA Civ 300 concerned two Turkish nationals, Mr Yilmaz and Mr Arman, who were deported in 2017 due to their criminal convictions. Both had made human rights claims to stay in the UK. Their claims were certified, meaning...
An immigration appeal is over if the appellant dies, the Upper Tribunal has held. The case is FZ (human rights appeal, death, effect) Afghanistan [2022] UKUT 71 (IAC). The man known only as FZ lived in the UK from 2000 to 2016 before being deported to Afghanistan for petty criminality....
Welcome to episode 98 of the Free Movement immigration update podcast. This month we’ve got a load of different topics to cover, from fees, investor visas and CSI to asylum, age assessments and appeals. If you would like to claim CPD points for reading the material and listening to this...
A mother of three British children has lost her appeal against the decision of Amber Rudd to take away her British citizenship in 2017. The judgment of the Special Immigration Appeals Commission (SIAC) makes for very grim reading. The woman, anonymised as “U3”, was born in the UK with British...
