The Home Office nationality guidance on the good character requirement has now been updated in line with the provisions on lawful residence that came into force on 28 June 2022. The provisions were introduced into the British Nationality Act 1981 by section 9 and Schedule 1 of the Nationality and...
What is a creative worker visa and why is this route useful? A Creative Worker is someone who can make a unique contribution to the country’s rich cultural life, for example, as an artist, dancer, musician or entertainer, or as a model contributing to the fashion industry. The Creative Worker...
In the recent case of Singh v Secretary of State for the Home Department [2022] EWCA Civ 1054; [2022] 7 WLUK 328, the Court of Appeal turned its attention back to the EU law concept of “dependency”. The appeal was brought by an extended family member of an EEA national...
A new concession has been added to the Ukraine Extension Scheme. The rules require prospective applicants to have held permission to be in the United Kingdom that expired on or after 1 January 2022, or to have held permission to be in the country on 18 March 2022. Children born...
Are you applying to stay in the Isle of Man, Jersey or Guernsey? This is one of the final questions asked at the submission stage for all UK residence visa applications. Immigration professionals will invariably select “no” and progress with submission. But for those independently making an application to enter...
The Grand Chamber of the European Court of Human Rights has held that France breached Article 3.2 of Protocol 4 due to the lack of explanation for and independent scrutiny of decisions not to repatriate two French nationals living in camps controlled in north east Syria. The case is HF...
There is a lot going on in immigration law at the moment and we are looking to recruit more specialist contributors to Free Movement. If you can write fluently, you are interested in being read by a wide audience and you are fascinated by immigration law and practice then have a think about joining...
Welcome to episode 104 of the Free Movement immigration update podcast. This month I am joined by “immigration lawyer about town”, as she put it, Sonia Lenegan. Taking pity on me after my solo effort last month, Sonia is the legal and policy director at Rainbow Migration, a consultant solicitor...
The newly appointed Suella Braverman has told Home Office officials that a top priority of hers is to ban all small boats crossing the Channel to “stop people dying and being at the mercy of people smugglers. We need to take a firm stance.” It seems unlikely that she means...
The appellant in ASA (Bajuni: correct approach, Sprakab reports) CG [2022] UKUT 00222 (IAC) argued that he was born and raised on the Island of Chula until he was 17. He was a citizen of Somalia and of Bajuni origin and therefore he was at risk of persecution on return...
Suella Braverman is the new Home Secretary, replacing the outgoing and failed Priti Patel. It is Braverman’s first cabinet position. She previously served as a controversial Attorney General. In July 2022 Braverman launched her own bid to become Prime Minister when Boris Johnson was forced to resign. Knocked out of...
A ticked off Court of Appeal has refused another long residence appeal based on gaps in lawful residence, in a judgment full of digs at the Home Office in Iyieke v Secretary of State for the Home Department [2022] EWCA Civ 1147. The court made no bones about the fact...
Priti Patel has resigned as Home Secretary. She jumped before she was pushed, with incoming new Prime Minister Liz Truss expected to replace the failed Patel with former Attorney General Suella Braverman. Patel was appointed Home Secretary by Boris Johnson in July 2019. Here we take a look at her...
The government’s new rules on inadmissibility in asylum claims have come into force and now apply to asylum claims made on or after 28 June 2022. These rules set out the circumstances where an asylum claim will be put on hold while the Home Office tries to remove the asylum...
Descartes Solicitors is a specialist immigration practice based in Chiswick, West London. We are looking to expand our growing team and intend to hire 2 or 3 competent and experienced caseworkers or solicitors who have experience in immigration law (experience in family law is a bonus). Company Benefits: 28 days...
Our anonymous contributor considers the non-availability of legal aid in the context of a recent Afghan case, and what the future holds for legally aided immigration advice. Sara was in Kabul when the Taliban entered the city. Her husband, Hassan, a British national, was in the UK, working towards the...
This is an exciting opportunity to join the Anti Trafficking and Labour Exploitation Unit’s award winning legal team in a maternity cover role. The successful candidate will join ATLEU’s team of lawyers who provide specialist representation to survivors of trafficking and work on emerging issues affecting survivors, often involving strategic...
Too often, we all see clients who are at the mercy of the local authority housing system and who are shifted about from accommodation to accommodation with no real stability in their lives. This treatment only compounds the problems they already face following the reasons they fled their own country,...
About us Edgewater Legal is an OISC-regulated organisation which provides advice to clients in all aspects of the UK immigration system. Whilst we maintain an office in Victoria, the vast majority of our clients now prefer to engage us remotely, and this is therefore how we provide most of our...
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the Upper Tribunal considered to what extent human rights arguments can be considered in EU Settled Status appeal. In short: they can be considered where the...
This post is a wrap up of recent Afghan evacuation litigation in the High Court and Court of Appeal covering the cases of: A lot of the issues cross-over so rather than give you a detailed breakdown of each case, I’ll explore the Court of Appeal’s decision in S & AZ first...
On 5 September, the next in a long line of insufferable prime ministers will be announced. As the Conservative Party enters the final weeks of its leadership race, we ask, what bright ideas do our two hopeful candidates have in store when it comes to Britain’s borders? The last few...
In Joseph (permission to appeal requirements) [2022] UKUT 00218 (IAC), the appellant was a national of Trinidad and Tobago who had resided in the UK since 2007. She had a costs order of £400 made against her in 2014, following an unsuccessful judicial review. In September 2019 she made an...
Earlier this month, the Home Office announced the abolition of the Police Registration Scheme. The scheme required certain foreign nationals to register with the police and keep them updated about important changes to their personal details. The abolition of this outdated scheme is very much to be welcomed. It will...
Many predicted that the heady mix of Brexit and COVID-19 would result in litigation, and so it has come to pass. Ending EU free movement law in the middle of a global pandemic – when people faced difficulty travelling, marrying, and getting advice from an immigration lawyer – was bound...
Extended family members who have made an application under the EU Settlement Scheme, without having first obtained a residence document under the Immigration (EEA) Regulations 2016 are not entitled to settled or pre-settled status. This is the conclusion of the Upper Tribunal in Batool and others (other family members: EU...
When the footballer Mario Balotelli’s house was on fire, the first person he called was his agent. Who, quite predictably, told him to phone the fire brigade. As an immigration lawyer I have received less dramatic phone calls. Yet the story resonates with me. For those we help to enter...
Rodman Pearce Solicitors Ltd are seeking to recruit an experienced Level 2 Accredited Senior Immigration Caseworker/Solicitor. The position is based in the Luton office. The applicant must have prior experience in providing Immigration and Asylum advice and able to work with a team. He/she must be LAA accredited at Level...
Welcome to episode 103 of the Free Movement immigration update podcast. This month — the first in something like five years flying solo — I’m starting with some material on asylum and trafficking then quickly going over a bit of immigration and nationality history and why it matters today, before...
The pandemic threw into sharp focus the overlooked and marginalised needs of the frail and bereaved elderly parents applying to be regarded as part of their settled families in the UK. The 2012 version of the Adult Dependent Rules for adult parents, siblings and others marked a tightening of UK...
The current immigration rules on when a refugee may be joined by family members — often referred to as refugee family reunion — are woefully outdated and simply do not reflect the nature of modern families. Reform is long overdue. But in the meantime, it is feasible to make successful...
Formal warnings have recently been issued by the Judicial Conduct Investigations Office to two sitting immigration judges. One was to Tribunal Judge Ali Sarwar for ”failing to issue timely decisions in several cases.” The other was to Tribunal Judge Yasreeb Zahed for “failing to uphold the basic judicial principle of...
What’s better than a plan for immigration? A new plan for immigration. July saw the publication of the Government’s New Plan for Immigration: Legal Migration and Border Control policy paper. Not much of the content can really be described as new. Unlike last March’s asylum-focused New Plan for Immigration however, this...
There is no right of appeal against a refusal by the Upper Tribunal (Immigration and Asylum Chamber) to set aside a decision disposing of proceedings. So held the Court of Appeal in DJ (Pakistan) v Secretary of State for the Home Department [2022] EWCA Civ 1057, another case dealing with...
Raising misconduct by or within your employer is a brave and difficult step. You put your financial security, your career and your well-being at risk for the greater good. Often the rewards are nil, if not negative. For migrants there is the additional burden of legal precarity, which is often...
Conservative Party leadership contender Liz Truss has pledged to expand the Seasonal Agricultural Workers Scheme if she becomes Prime Minister. I have been avoiding commenting on some of the ludicrous and appalling immigration policies we’ve seen aired during the leadership campaign but this one caught my eye as an example of...
