The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37 leaves the situation for these carers — non-EU parents...
The Inner House of the Court of Session has rejected an appeal by HM Revenue and Customs against a ruling that newly recognised refugees are entitled to backdated child tax credit. The case is HMRC v Adnan [2022] CSIH 2. Mr and Mrs Adnan first applied for asylum in 2013...
In R (Shahi) v Secretary of State for the Home Department [2021] EWCA Civ 1676 the Court of Appeal held that a grant of interim relief did not entitle a claimant to his costs, where there was no settlement or court determination of the underlying legal issue. Interim relief followed...
This is where we keep tabs on changes to UK immigration laws, rules and procedures brought on by the coronavirus pandemic. We’ve been trying to keep this post continually up to date rather than covering new coronavirus developments as separate blog posts that may become rapidly out of date. Material...
Assisting migrants who lack mental capacity to instruct a lawyer, or whose capacity fluctuates, can pose challenges. Without having clear instructions on a person’s immigration history and what they would like to do, it can often be impossible to provide legal advice and representation. Law Society guidance is also clear...
The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to claim backdated child tax credit. The cases are Adnan, Petitioners [2021] CSOH 63 and R (DK) v Her Majesty’s Revenue and Customs [2021] EWHC 1845...
Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse to public funds” (NRPF) scheme fail to protect the rights of children. The case of ST (a child, by his Litigation Friend VW) & VW...
Here on Free Movement we have been repeating until we are blue in the face that the deadline for EU Settlement Scheme applications is 30 June 2021. Regular readers may by now feel rather bludgeoned over the head with this fact, but it remains a vitally important message given that...
Job details Role Title: Immigration/EUSS Programme Manager Grade: C Salary: £32,029 – £35,934 per annum pro rata, depending on experience Hours: Full time Contract: Permanent Location: London Reports to: Deputy CEO Background East European Resource Centre (EERC) is an independent charity that has been providing advice and support to disadvantaged...
With a recent inspection revealing the squalor in which refugees are housed when they reach the United Kingdom, the ensuing closure of Penally barracks but the continued operation of Napier, and yet more deterrent policies being trailed this morning, I thought I would share some thoughts from my book Welcome...
In response to growing pressure, the government announced on Monday that no immigration status checks will be carried out for migrants getting the coronavirus vaccination. While Downing Street’s press release focused on the lack of status checks, further action is required to gain the trust of those whose lives have...
In FA (Sudan) v Secretary of State for the Home Department [2021] EWCA Civ 59, the Court of Appeal has confirmed that someone applying to stay in the UK under the domestic abuse rules must have had permission to remain as a partner. This appeal was a bold challenge to...
REVIEW AND DEVELOPMENT OF LATIN AMERICAN HOUSE LEGAL AND SOCIAL WELFARE ADVICE SERVICES CONSULTANCY SERVICES INVITATION TO TENDER Purpose Latin American House (LAH) wishes to procure consultancy services to help us to improve and increase the provision of our legal and social welfare advice services. Background LAH was established in...
The Refugee and Migrant Forum of Essex and London (RAMFEL) is a not for profit organisation led by the needs of the individuals and communities we work with. Our focus is on providing immigration advice, destitution services, integration support and campaigning to improve the lives of refugees, asylum seekers and...
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...
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...
It was the worst of times; it was the worst of times. As a result of the Home Office gridlock caused by the coronavirus pandemic, EU citizens seeking to apply for post-Brexit immigration status under the EU Settlement Scheme have been disadvantaged in various ways, including longer processing times. The...
My book Welcome to Britain: Fixing Our Broken Immigration System launches today. I was delighted to see it getting some coverage in the Observer yesterday. If you haven’t already you can order a copy from Waterstones, Amazon or from your local bookshop. You can also order a signed copy directly from...
Citizens Advice reports that the number of migrants with no recourse to public funds asking for help claiming benefits has more than doubled during the coronavirus pandemic. In March, April and May, the charity fielded 1,538 enquiries about lifting the NRPF condition, compared to 731 in the same period last...
This piece is about refugees, asylum seekers, and the Refugee Convention. It outlines who can be a refugee, and how being a refugee and having “refugee status” are two very different things. We also explore the rights and entitlements available to refugees and to asylum seekers awaiting the outcome of...
No recourse to public funds (‘NRPF’) is a condition imposed on the majority of UK visa holders preventing them from claiming benefits. In R (W, A Child By His Litigation Friend J) v Secretary of State for the Home Department & Anor [2020] EWHC 1299, the High Court found the...
The High Court has ruled that the government must make it easier for migrants to access the welfare system if they are about to become destitute. In an oral ruling delivered this morning, Lord Justice Bean and Mr Justice Chamberlain found that Home Office policy on no recourse to public...
The High Court has rejected an argument that the regulations making it difficult for Europeans with pre-settled status to access most public funds are discriminatory on the ground of nationality. The case is Fratila and Tanase v SSWP [2020] EWHC 998 (Admin). Mr Justice Swift found that although the Social...
The Home Office response to the coronavirus crisis has been hesitant at best. To the credit of the department, it has on the whole acted to protect its own staff and the staff of some of its major contractors, albeit sometimes belatedly. Basic steps to reduce immediate contagion risk were...
The case of SD (British citizen children – entry clearance) Sri Lanka [2020] UKUT 43 (IAC) shouldn’t come as a surprise to anyone following developments around Appendix FM and the rules relating to the rights of family members of British citizens to move to the UK. That does not, though,...
Yes, the Court of Justice of the European Union has had to find that self-employed EU citizens retain rights of residence during their maternity period. Why on earth the government of the United Kingdom tried to argue they did not is one of those mysteries to which we’ll probably never...
JOB TITLE: Head of Legal Protection CONTRACT: Sabbatical Cover (10 months cover; full-time 37.5 hours per week) SALARY: £45,000 p.a. BENEFITS: 22.5 days holiday, plus 4% matched pension contribution LOCATION: Camden, Central London RESPONSIBLE TO: Kerry Smith, CEO The Helen Bamber Foundation (HBF) is a specialist UK charity which provides...
In 2011, the landmark case of MSS v Belgium and Greece concluded that conditions in Greece were so dire, asylum seekers’ human rights would be breached if returned. Removals to Greece under the Dublin III Regulation were suspended as a result. Though conditions in Greece remain critical, in December 2016...
Consistently the most popular article on Free Movement, somewhat depressingly, is the list of immigration and nationality fees. The fees charged by the Home Office for processing visa, settlement and nationality applications are high, set far above the actual administrative cost to the department. Fees constitute a significant source of...
It is a decade since the UK agreed to lift its immigration reservation to the UN Convention on the Rights of the Child, recognising that “migrant” children are, well, children too. Section 55 of the Borders, Citizenship and Immigration Act 2009 was enacted to this end, creating a duty for...
The domestic violence concession allows victims of domestic abuse access to public funds while they make an application for settlement. The High Court has now made clear that this concession only applies to those who are already on the route to settlement as a partner in the case of FA...
In addition to the deluge of new Immigration Rules and legislation we faced in the May years, and now the looming Brexit iceberg, a major (if inevitable) change of recent times has been the digitisation of immigration applications. Unlike with Rules and legislation changes, there was little opportunity to scrutinise...
If you are an EEA/EU citizen or their family member and wish to qualify for an EU law right of residence, then eventually a right of permanent residence, you have to meet certain requirements. For some people — chiefly those not working or self-employed — one of those requirements is...
Figures obtained by Free Movement show that fewer than two thousand non-EU carers rely on EU law for their right to live in the UK. The relatively small number of people relying on these “derived rights of residence” raises questions about why the government appears set to deny them settlement...
In this course we tell you all about the OISC scheme, the code of standards and how to prepare for the exams. And we offer you three timed mock multiple choice exams to practice on. If you want to head straight to the course all about immigration law instead, click...
Page contentsClose family membersDependencyMarriages of convenienceValidity of marriageSeparated spousesRights of family membersExtended family members in EU lawRights of extended family membersRetained rights of residence for family membersDeath of EEA nationalEEA national leaves the UKTermination of marriage or civil partnership Close family members An EU citizen exercising an initial right of...
As we have seen, much of immigration law involves applying for permission to enter or remain in the UK. That is why immigration lawyers so often speak in terms of “applications” in their trade. The importance of submitting valid applications cannot be underestimated. Submitting an application which is not valid...
The Immigration Rules can be daunting to approach, and it is often difficult to find what one is after. Basically, they are divided into an introduction, various “parts”, and many appendices. Page contentsStructure of the Immigration RulesNavigating the Immigration RulesStructure of each categoryLocating a ruleKey conceptsDependantsPoints-Based Immigration System sponsorshipMoney, money,...
The key EU citizens on whom free movement rights are conferred are: Each of these activities is defined in EU law. For example, not all “work” necessarily counts in EU law. Self-sufficient persons and students also have to have Comprehensive Sickness Insurance. We consider the details of the groups in...
The Home Office has announced a formal application process for victims of the Windrush scandal and other long-term residents to get documents proving their right to live in the UK. The “Windrush Scheme” will go live on 30 May, replacing a helpline that was set up under Amber Rudd. Instead...
