Briefing: four looming problems in the UK asylum system and how to address them

The asylum system seems finally to have turned a corner: the asylum backlog is starting to fall. The backlog is the single most important problem with the asylum system. Unlike arrivals, it is something the government can control. It creates huge fina ...

28th November 2023 By

Supreme Court finds Rwanda is not a safe country to which refugees can be removed

The Supreme Court has today held that Rwanda is not a safe country and that it would be unlawful for refugees to be removed there. The government’s appeal against the Court of Appeal’s judgment has been dismissed. Lord Reed, giving the co ...

15th November 2023 By

Making sense of sole responsibility for child visas in immigration law

The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent remains abroad. The United Kingdom’s immigration rules effectively presume that a child ...

15th November 2023 By

Assessing Braverman’s legacy as Home Secretary: Part Deux

She managed longer than 43 days this time. But achieved little if anything more the second time around. Braverman forced the Illegal Migration Act 2023 through Parliament in record time on the basis that it was desperately urgent. Almost all of the le ...

13th November 2023 By

Book review: Aliens: The Chequered History of Britain’s Wartime Refugees by Paul Dowswell

Britain has a proud history of welcoming refugees. It also has a shameful history of hostility to refugees. Often exactly the same refugees at the same time. As with all real life and real history — as opposed to more transparently ideologically dri ...

10th November 2023 By

What are the 10 and 20 year rules on long residence?

The immigration rules allow people to apply to remain in the UK on the basis of long residence. Those here lawfully can apply for indefinite leave to remain following 10 years’ continuous lawful residence in the UK. Those who had periods of overstay ...

27th October 2023 By

Book review: Administrative Law in Action: Immigration Administration by Robert Thomas

There aren’t many books about immigration law in the United Kingdom so the publication of a new one should be regarded as something of an event. On top of that, it’s not often a book challenges your view of the concept of “law”. Professor Robe ...

26th October 2023 By

Theresa May even now doesn’t understand why the Windrush scandal happened

Theresa May’s unironically named book, The Abuse of Power, reveals that even now, five years later, she still does not understand what caused the Windrush scandal. She blames Clement Attlee’s government, other governments over the interven ...

25th September 2023 By

What are the immigration rules for a visit visa to the United Kingdom?

A visit visa is a visa allowing a person to visit the United Kingdom for up to six months at a time, during which time they are not allowed to work. Visa nationals have to apply for and be granted a visit visa before they travel otherwise they will au ...

24th September 2023 By

What is the no recourse to public funds condition?

The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds, set out at paragraph 6 of the ...

22nd September 2023 By

Home Office accounts show additional £3 billion unbudgeted asylum expenditure

The Home Office annual report for 2022 has belatedly been published. It shows an additional £3 billion had to be allocated to pay for unexpected asylum system expenditure. An extra £1.6 billion had to be allocated because of “pressures within ...

19th September 2023 By

General grounds for refusal: criminal convictions, public good, character, conduct and associations

Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Those caught out by these rules over the years include former boxer Mike Tyson, Duane “Dog the Bou ...

15th September 2023 By

The Free Movement reader survey is back for 2023: how are we doing?

Who are you? What do you want? To find out, we are running another reader survey. Long-time followers of Free Movement may remember that we’ve done this several times in the past. More specifically, in 2013, 2016 (online and email), 2018 and 2020. W ...

11th September 2023 By

Immigration roundup podcast: July 2023

We are a bit behind the times this month, catching up from the summer. This time Sonia and I cover not one but two statements of changes, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights ...

8th September 2023 By

New Administrative Court Judicial Review Guide 2023 published

If you are involved in undertaking judicial review litigation, you’ll want to know that the Administrative Court Judicial Review Guide 2023 as been published. Miraculously, it is dated October 2023, so you really can get ahead of the curve on th ...

8th September 2023 By

OISC level 1 online tutoring in immigration law: book now

Need or want to learn immigration law with an OISC Level 1 training course? Planning to sit the OISC level 1 exams? Prefer to learn in a small group? We have the perfect course for you. Our approach to OISC Level 1 training is to offer ‘guided learn ...

8th September 2023 By

Refugee family reunion: a user’s guide

This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are fairly straightforward and simple for chi ...

7th September 2023 By

OISC consulting on new code of standards for regulated immigration advisers

The Office of the Immigration Services Commissioner (OISC), which regulates immigration advisers who are not practicing solicitors, barristers or Chartered Legal Executives, is consulting on a new code of standards. The OISC was brought into bein ...

1st September 2023 By

General grounds for refusal: alleged deception, false information and innocent mistakes

Making a mistake on an immigration application form can be disastrous. If the mistake is interpreted by officials as an attempt to mislead or deceive, the application may be refused. If the application was for entry clearance, it can also lead to a te ...

31st August 2023 By

Who Do We Think We Are? podcast: A new plan for immigration

Have a listen to to this episode of the Who Do We Think We Are? podcast with Nando Sigona, Michaela Benson and me as a guest. We recorded it a while back but I thought there were some really interesting questions we discussed. You can see the show not ...

15th August 2023 By

Immigration Law Practitioner’s Association statement on the Safety and Protection of Immigration Practitioners

Excellent, forensic and damning statement from ILPA about attacks on immigration lawyers over the last few years. It’s appalling this all needs to be said. An independent legal profession is fundamental to ensuring access to justice, equality before ...

11th August 2023 By

Small boats, big numbers: BBC Newscast podcast

I’ve been busy catching up after my holiday and doing various media requests the last few days: Radio 5 Live, Radio 4 PM and BBC Radio Kent. I’ve had to turn down a few as well, not being based in London. I think this one is worth a listen. It’s ...

10th August 2023 By

Journalists perform a public service in exposing dodgy lawyers. But…

I was away on holiday when the Daily Mail published its article with allegations of serious misconduct by immigration solicitors. It is a shocking article and accompanying video. The Solicitors Regulation Authority agrees and has intervened at three o ...

10th August 2023 By

Twitter, Musk’s X, Threads, social media and Free Movement

The so-called summer is upon us. The final rush of judicial jottings to precede their holidays has abated. The silly season rush of confected immigration stories has begun. The weather is terrible. Time has slowed, particularly for those of us with ch ...

9th August 2023 By

Tripling maximum illegal working fines for employers to £45k per worker is a terrible idea

The government is going to triple the maximum level of fine that can be imposed on employers who fall foul of the regime penalising those who employ illegal workers. Currently the maximum is set at £15,000 per worker for a first offence. It is £20,0 ...

7th August 2023 By

New HM Inspectorate of Prisons report on Tinsley House detention centre

HM Inspectorate of Prisons has published a new report following an unannounced inspection of the Tinsley House immigration detention centre. There are some broad positives: We found a safe and respectful centre, where violence was rare, and when it di ...

7th August 2023 By

Upper Tribunal rules post-Brexit Zambrano appeals can continue

In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed notwithstanding the various Brexit regulations. The official headnote: A ...

25th July 2023 By

Should there be limits on family immigration and which family relationships should be recognised?

Heads up for those interested in policy questions that I’ve started a series on family immigration, trying to think about some of the fundamentals rather than just the details. Limits can be ‘hard’ and obvious, as with the imposition of a ca ...

24th July 2023 By

What are the immigration rules for settled returning residents of the United Kingdom?

A “returning resident” is a resident of the United Kingdom with settled status who returns to the country after a lengthy absence abroad. Ordinarily, when a person refers to “returning residents” they might be talking about a t ...

21st July 2023 By

Statement of changes HC 1715: visa regime imposed on Dominica, Honduras, Namibia, Timor-Leste and Vanuatu

The second Statement of Changes to the Immigration Rules this week landed today: HC 1715. It adds Dominica, Honduras, Namibia, Timor-Leste and Vanuatu to the list of countries whose nationals require a visa to travel to the UK as a visitor. The change ...

19th July 2023 By

Immigration roundup podcast: June 2023

This month Sonia and I discuss the Rwanda judgment (we’re saving that to the end as our good news story), a couple of fairly lengthy immigration and asylum history blog posts I’ve been working on for  a while, several asylum developme ...

18th July 2023 By

Massive increases to immigration fees announced

The government has announced massive increases in immigration fees and the immigration health surcharge. Abolition of some fees has also been announced. The normal rate for the immigration health surcharge will increase from £624 to £1,035 per year. ...

13th July 2023 By

BBC’s More or Less programme looks at immigration statistics

A good, interesting episode of BBC Radio 4’s More or Less programme about immigration statistics and net migration. I helped with a short bit on the background to the net migration target and then there are proper expert contributions from Georgina ...

7th July 2023 By

OISC amends judicial review practice note to prevent advisers conducting litigation

The OISC (Office of the Immigration Services Commissioner) has again amended its guidance note on advisers conducting litigation in judicial review cases. The amendment appears to be with immediate effect, although the online version of the practice ...

3rd July 2023 By

Book review: Sunder Katwala’s How to be a Patriot: Why love of country can end our very British culture war

I don’t really know Sunder Katwala personally but I’ve been following him since his long-ago days at the Fabian Society, of which I’ve been a member all my adult life. On Twitter, Katwala is measured, patient and wise. Which makes him stand out ...

30th June 2023 By

Chief Inspector highly critical of foreign national offender removal operations: “this is no way to run a government department”

The Chief Inspector of Borders and Immigration, David Neal, has published an inspection report on the Home Office’s handling of foreign national offender cases. It is a highly critical report and, as the government was no doubt aware, had it bee ...

29th June 2023 By

Illegal Migration Bill legal aid fees consultation launched

The Ministry of Justice has launched a consultation on the level at which legal aid fees for advising and representing refugees falling within the scope of the Illegal Migration Bill. Alex Chalk, the Lord Chancellor, writes in the foreword: Given the ...

28th June 2023 By

Rwanda impact assessment looks hopelessly optimistic

The government yesterday published its economic impact assessment for the Illegal Migration Bill and its Rwanda plan. The assessment reveals that Rwanda will be paid approximately £105,000 per refugee received on top of the £120 million already ...

27th June 2023 By

Deport first, appeal later cases to begin again

I hadn’t realised they’d ever gone away, I confess, but Immigration Minister Robert Jenrick wrote on 5 June 2023 to the chair of the Home Affairs Select Committee to say that appeal first, deport later cases are back: I am writing to advis ...

27th June 2023 By

Afghan judge wins judicial review of refusal of leave

A former judge from Afghanistan refused leave to enter the United Kingdom has won part of his case against the Home Office. The judge had sat on innumerable cases involving Taliban fighters and he and his family are currently in hiding. He did not qua ...

26th June 2023 By
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