Author: CJ McKinney

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CJ McKinney

CJ McKinney is a specialist on immigration law and policy. Formerly the editor of Free Movement, you will find a lot of articles by CJ here on this website! Twitter: @mckinneytweets.

Some young people born or brought up in the UK without immigration status can now apply for settlement after five years rather than ten. The change in policy comes in a new and very welcome Home Office concession, published yesterday. What follows is a short summary; for more detail, see...

26th October 2021
BY CJ McKinney

Seriously ill migrants claiming humanitarian protection status must show that a persecutor would intentionally deprive them of medical treatment, the Upper Tribunal has confirmed. The case is NM (Art 15(b): intention requirement) Iraq [2021] UKUT 259 (IAC). NM suffers from end-stage chronic kidney disease and needs dialysis to stay alive....

25th October 2021
BY CJ McKinney

The Home Office has published a short statement of changes to the Immigration Rules. It is to implement the emergency temporary visa schemes for HGV drivers and poultry workers and therefore comes into force at 4pm today. Employers in those sectors will be able to request workers from four named...

11th October 2021
BY CJ McKinney

About half of the Home Secretary’s speech to the Conservative Party conference today was given over to immigration and asylum, but there were no new policy announcements. In fact it was, in structure, tone and content, much like last year’s effort: free movement is dead; work visas for the “best...

5th October 2021
BY CJ McKinney

The government has announced that HGV drivers and poultry workers will be eligible for temporary visas from next month. The policy represents a shift from the firm line against “low-skilled” immigration post-Brexit. Here is what we know about it so far — including some direct responses from the Home Office....

27th September 2021
BY CJ McKinney

The Home Office is now conceding three out of every ten immigration appeals before the hearing, a senior immigration judge has said. Michael Clements, President of the First-tier Tribunal (Immigration and Asylum Chamber), puts the cheerful stat down to a new online appeal process. President Clements was speaking at a...

23rd September 2021
BY CJ McKinney

The fact that the Detained Fast Track asylum appeal process was systemically unfair doesn’t mean it was automatically unfair in every case decided under it, according to the Supreme Court. The case is TN (Vietnam) [2021] UKSC 41. TN is a Vietnamese asylum seeker who first came to the UK...

22nd September 2021
BY CJ McKinney

The judgment in Arturas (child’s best interests: NI appeals) Lithuania [2021] UKUT 237 (IAC) looks interesting at first, but turns out to be terrifically arcane. It is about the consequences of a failure by the Home Office to comply with its duties concerning the best interests of children. In most...

21st September 2021
BY CJ McKinney

On 10 September 2021 the Home Office published a statement of changes to the Immigration Rules (HC 617). It is 183 pages long and makes adjustments in quite a number of areas. Some of the main changes are: Banning entry to the UK with an ID card rather than a...

13th September 2021
BY CJ McKinney

Yes. Children can be removed from the UK as part of a family. They can, on paper, also be deported in their own right for criminal offending: the Home Secretary’s power of deportation under the Immigration Act 1971 is not limited to under-18s, and the Home Office has specific guidance...

8th September 2021
BY CJ McKinney
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