The Home Office has been rolling out new webpages for the public on how to get a visa, in preparation for the new points-based immigration system due to come in from 1 January 2021. One such page was published yesterday, aimed at EU citizens. The overall message is “yes, you...
Immigration lawyers develop thick skins. It’s easy to see why – a quick scan of the political landscape tells you what we have to deal with day in, day out! Nevertheless, there are some still cases where the Home Office’s arguments are so outrageous, it really makes your blood boil....
Accredited Immigration Adviser (OISC level 3 or IAAS level 2) Hours: 37 Salary: £35k pa Type of contract: 6-month fixed term with strong possibility of further extension Location: Citizens Advice Portsmouth head office / remote Our Purpose To provide the information and advice that people need and to improve the...
The Home Secretary has a lot of power over naturalisation, the process by which foreign nationals can acquire British citizenship. The criteria for naturalisation are set out in the British Nationality Act 1981, but that Act also empowers the Home Secretary to waive many of the criteria if she sees...
Home Office Presenting Officers are civil servants who represent the government in immigration appeals. Last month we ran an article by an anonymous HOPO describing how the immigration system looks from that side of the fence and inviting questions by readers. Here are the answers. Thanks to everyone who sent...
In AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 the Court of Appeal has considered its first deportation appeal since the important case of HA (Iraq) v SSHD [2020] EWCA Civ 1176. It confirms that the “unduly harsh” test set out in KO (Nigeria)...
Welcome to episode 81 of the Free Movement immigration update podcast. This month we kick off with a big ruling on deportation law before turning to some draft laws affecting EU citizens in the UK. The visa rules for students changed on 5 October, so we discuss those tweaks before...
EUSS Hub Coordinator £29,628 – £37,092 per annum, pro rata, dependent on experience. (This range is per our pay scale and will be adjusted accordingly). The deadline for applications is 11.59pm Monday 26th October 2020. Contract term: 12 months (with the potential for extension). Looking to ensure EU citizens’ rights...
The end of the continuing professional development year looms (for solicitors in England and Wales at any rate; other professions and jurisdictions are available). Here on Free Movement we have a massive selection of training courses and other online materials that can be used to satisfy CPD requirements and there...
The rise in reports of domestic abuse during lockdown is horrifying. Worldwide, the situation is so bad that it’s been dubbed a “shadow pandemic“. In the UK, calls to domestic abuse helplines have risen by a terrifying 80%. In response, police forces across the country have urged people experiencing abuse...
On 30 September 2020 the Home Office updated its good character policy for naturalisation to make it even harder for EU nationals to become British citizens. The new policy doubles the period of time, from five years to ten years, during which certain EU citizens in the UK must have...
New government guidance sets out additional steps for employers when sponsoring foreign medical workers applying for the new Health and Care Visa. The visa launched on 4 August 2020 as a subcategory of the existing Tier 2 (General) route for sponsored workers. The updated Tier 2 and Tier 5 guidance...
All asylum seekers, including children and young people, find that the starting point for any official making a decision in their case is to doubt their narratives and subject them to disbelief and incredulity. Even in this climate of disbelief, Albanian asylum claims have been singled out for particular hostility....
The Immigration Health Surcharge will increase from £400 a year to £624 a year on 27 October 2020. The Immigration (Health Charge) (Amendment) Order 2020 (SI 2020 No. 1086) was made today, 6 October, and comes into force 21 days later. As a result, UK immigration applications sent in before...
In August, Nath Gbikpi reported for Free Movement on R (Y) (Children In Care: Change of Nationality) [2020] EWCA Civ 1038. In that case, the Court of Appeal found that section 33 of the Children Act 1989 did not entitle the local authority to apply for British citizenship for two...
For many of the Windrush generation it was the hostile environment which signalled the start of their wrongful exclusion from society and, in some cases, the UK itself. For others, the injustice started much earlier. Between 1973 and 1988, many Commonwealth citizens with indefinite leave to remain in the UK...
The Home Secretary, Priti Patel, delivered a keynote speech to the Conservative Party conference yesterday. Around half the speech was given over to what she repeatedly called the UK’s “broken” asylum system. I thought a transcript would be available by this morning but can’t find it, so have created one...
Inspectors observing a Home Office charter flight taking asylum seekers to France and Germany have found that coronavirus precautions were not followed. The report by HM Inspectorate of Prisons also found that pain was deliberately inflicted on three highly distressed people, although it was unable to say whether the use...
Hugo Storey had his last day as a judge on 30 September, having reached the statutory retirement age of 75. The established place the Upper Tribunal now has in the UK judicial system and its high reputation abroad owes much to Hugo’s pioneering role. Lawyer and lecturer Prior to becoming...
The government has launched an Immigration Health Surcharge refund scheme for NHS and social care workers. Migrants working in a hospital or care home who don’t have a Health and Care visa will continue to pay the surcharge up front, but can claim it back every six months. During the...
Digital-only residence permits could make it harder for migrants to access vital services like jobs and housing, a new report warns. Landlords and employers used to physical passports and residence permits may discriminate against migrants whose proof of immigration status only exists online, according to the Public Law Project. Millions...
Under the government’s new Points-Based Immigration System, the minimum salary required to sponsor an overseas worker will be £25,600, unless the worker has a PhD — or is being hired for a role that appears on the Shortage Occupation List. The minimum salary for a shortage job will instead be...
As we’re constantly being reminded, free movement will come to an end this year. From 1 January 2021, EU/EEA/Swiss citizens who wish to move to the UK to work and study will have to meet the requirements of the new points-based immigration system. Existing residents have until 30 June 2021...
“Don’t panic!” is Tom Brett Young’s message to his education sector clients. Revised student visa rules kick in next month, replacing the Tier 4 routes beloved of known to immigration lawyers since 2009. Thankfully, the VWV partner reckons it’s more evolution than revolution, with the system of student sponsorship remaining...
From next year there will be two categories of EEA national: Those who began their residence in the UK before 31 December 2020; and Those who began their residence in the UK after 31 December 2020. The law a person is subject to will depend on which category they fall...
Whilst we are all awaiting new Immigration Rules for the Skilled Worker route, which will replace Tier 2 (General) in the new Points-Based Immigration System, some good news is starting to emerge. The cooling-off period, which has seen many a skilled migrant having to spend a year outside the UK...
In a bid to slow the surge in COVID-19 cases, Prime Minister Boris Johnson last night set out new restrictions in England which range from the wearing of masks by shop workers to limits on the number of people attending weddings. These measures come hard on the heels of a...
The Home Office is planning to outsource asylum interviews to commercial contractors. A pilot programme designed to address the mounting backlog of asylum claims will see private outsourcing firms conduct interviews with often vulnerable asylum seekers. Refugee charities are likely to oppose the move, which was unveiled yesterday in a...
Personal data breaches at the Home Office rose 122% last year to over 4,000. There were 4,204 “personal data related incidents” in 2019/20 compared to 1,895 in 2018/19, according to the department’s annual report and accounts. They included “loss of inadequately protected electronic equipment, devices or paper documents” and “unauthorised...
KAM (Nuba – return) Sudan CG [2020] UKUT 269 (IAC) is the first country guidance decision about the risk to the Nuba people on return to Sudan. The Upper Tribunal’s main finding is that there is no general risk to Nuba in either their home area or in Greater Khartoum....
Many eastern European migrant workers don’t know that the EU Settlement Scheme exists, new research suggests. A survey of EU citizens in Cambridgeshire by the Social Market Foundation think tank found that barely half were aware of the Settlement Scheme. Even among those intending to stay in the UK long...
In the case of G (A Child : Child Abduction) [2020] EWCA Civ 1185, the Court of Appeal has confirmed that, where a child has been granted refugee status in their own right, or has their own pending asylum claim, they cannot be returned under the Hague Convention. When a...
The Solicitors Disciplinary Tribunal has fined an immigration solicitor £60,000 after he admitted lodging “hopeless” judicial review claims and several other regulatory breaches. The Upper Tribunal referred Syed Wasif Ali of Harrow Solicitors to the Solicitors Regulation Authority in June 2018. The judges had grown concerned about his judicial review...
The government has published new legal aid rates for online immigration and asylum appeals following last month’s admission that the original system was brought in unlawfully. The highly contentious standard fees for appeals lodged under the “online procedure” have been scrapped and replaced with hourly rates. The Civil Legal Aid...
The extremely long-running case of AB (preserved FtT findings; Wisniewski principles) Iraq [2020] UKUT 268 (IAC) has finally been allowed outright, subject to any further appeal from the Secretary of State. The appellant, an Iraqi doctor employed to work at a notorious torture facility who entered the UK as long...
In Odubajo v Secretary of State for the Home Department [2020] CSIH 57, it was hoped that the Inner House of the Court of Session would provide some much-needed guidance on the vexed issue of when the three-month clock starts ticking to lodge applications for judicial review. Instead, it ruled...
As a companion piece to our earlier immigration law timeline, here is an attempt at a nationality law timeline. I know that UK nationality law is complex but I confess I had not anticipated quite how long this one would take. With immigration law, much of the detail is set...
