Search Results for: new immigration rules

Your February roundup is here as promised. Colin and I discuss Shamima Begum’s latest appeal, the pause on some asylum cases, a run of decisions involving poor conduct on the part of either the Tribunals or the Home Office, as well as corporate transactions, the sudden closure of the Ukraine...

11th March 2024
BY Sonia Lenegan

This month Sonia and Colin cover Shamima Begum’s latest appeal, the pause on some asylum cases, a run of decisions involving poor conduct on the part of either the Tribunals or the Home Office, as well as corporate transactions, the sudden closure of the Ukraine Family scheme and much more....

7th March 2024
BY Jasmine Quiller-Doust

Welcome to the weekly Free Movement newsletter! It was Frantic Maths Day on Thursday and while in the midst of it all I went to look at my write up of the last statistics release from November last year. It was quite a jolt to see that I had written there that two people had...

5th March 2024
BY Sonia Lenegan

Colin and I have rounded up January 2024. We cover the government’s claims to have cleared the ‘legacy’ asylum backlog and look at the three backlogs that have replaced it. We discuss the latest in an increasingly long list of cases in which the Home Office has behaved poorly. Also...

27th February 2024
BY Sonia Lenegan

This month Sonia and Colin cover the government’s claims to have cleared the ‘legacy’ asylum backlog and look at the three backlogs that have replaced it. They discuss gender-based asylum claims, the new rules for business visitors and care homes who have lost and managed to keep their sponsor licences....

23rd February 2024
BY Jasmine Quiller-Doust

Welcome to the weekly Free Movement newsletter! I was pleased to see one of the three new asylum backlogs get some media coverage at the weekend. I have been baffled as to why the government created this situation ever since the Illegal Migration Act was first published in July last year. Essentially, they seem to have...

13th February 2024
BY Sonia Lenegan

The Immigration Health Surcharge (IHS) is a fee levied on the majority of UK visa applications. The Immigration Health Surcharge is on top of other Home Office immigration fees and designed to land in a different government pocket. Also sometimes known as the NHS surcharge, it essentially adds £1,035 per...

6th February 2024
BY John Vassiliou

The Home Office has introduced some flexibility for some people who are applying late to the EU Settlement Scheme, after the rules were severely tightened in August last year. The new version 22 of the guidance for caseworkers on the EU Settlement Scheme applies to decisions made from 16 January...

25th January 2024
BY Sonia Lenegan

The Home Secretary has commissioned the Migration Advisory Committee to carry out a rapid review of the new immigration salary list, which will be the new name for the shortage occupation list. This follows the committee’s previous recommendation that the list be abolished and the government’s subsequent commitment to reform...

22nd January 2024
BY Sonia Lenegan

In our December 2023 round up, Colin and Sonia discuss the latest developments with Home Office evictions and withdrawals, as well as the new Rwanda legislation. We also cover the government’s five point plan to reduce net migration as well as the latest case law and Tribunal statistics. If you...

15th January 2024
BY Sonia Lenegan

The latest statistics from the Home Office break down the “flow” backlog (i.e. asylum claims made on or after 28 June 2022) into three separate groups. It is important to understand the different ways that they are treated, all of which involve the inadmissibility process in some way. Taking them...

11th January 2024
BY Sonia Lenegan

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 temporary resident who leaves for a short time, for example on holiday or...

10th January 2024
BY Colin Yeo

This month Sonia and Colin discuss the latest developments with the Home Office evictions and withdrawals, as well as the new Rwanda legislation. They also cover the government’s five point plan to reduce net migration as well as the latest case law and Tribunal statistics. If you would like to...

9th January 2024
BY Jasmine Quiller-Doust

With the news that the immigration health surcharge will be going up dramatically, potentially in the next few weeks, it makes sense for people already in the UK or looking to move here soon to look at whether an early application is possible. As a reminder, the increase is from...

8th January 2024
BY Alex Piletska

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 learning’. Trainees study...

4th January 2024
BY Jasmine Quiller-Doust

Welcome to the weekly Free Movement newsletter! I was away last week so this is very much an exercise in catching myself up, as well as all of you. It seems that quite a lot happened, and so in absolutely no particular order (apart from doing Rwanda last because I just...

23rd December 2023
BY Sonia Lenegan

Reunite Families UK, a lived experience organisation, have published a timely new report looking at the negative mental health impact of family separation caused by the immigration rules, particularly the minimum income requirement. The research looks at the current position, which is shortly to become considerably worse when the increase...

20th December 2023
BY Sonia Lenegan

This article provides an overview of some of the safeguards available for those who are held in immigration detention, focussing particularly on those who have been victims of torture. These safeguards are all the more important following the expansion of detention powers under section 12 of the Illegal Migration Act....

18th December 2023
BY Beth Mullan-Feroze

Our new OISC Level 2 course: immigration and asylum online training is now live and available to all Free Movement members. It covers the whole of the OISC immigration and asylum syllabuses and is perfect for anyone relatively new to the immigration sector who wants to take their knowledge of...

11th December 2023
BY Jasmine Quiller-Doust

A new statement of changes has been laid today. Most of the changes relate to the EU Settlement Scheme and travel document requirements for school groups visiting the UK from France. There are also three new appendices (taking us up to 81 separate appendices to the immigration rules), Appendix Bereaved...

7th December 2023
BY Sonia Lenegan

On Monday the new Home Secretary presented a “five-point plan” to reduce UK immigration after a feverish fortnight of the right of the Conservative party, most of the opposition, plus every news outlet badgering him about the Office for National Statistics revising its estimate of 2022’s net migration up to...

7th December 2023
BY Ross Kennedy

The Immigration Act 1988 arguably represents the end of the period of imposing ever greater restrictions on the arrival of racialised Commonwealth citizens while simultaneously liberalising the admission of white aliens. It extended the fundamentally exclusionary purposes of the 1971 and 1981 legislation. It is not that future legislation was...

27th November 2023
BY Jasmine Quiller-Doust

The Immigration Act 1971 remains the foundation of immigration control today. Much of the Immigration Act 1971 was effectively a consolidation of powers already conferred on the government by existing immigration legislation, albeit that aliens were at that time subject to far more regulation than British subjects. The standout features...

27th November 2023
BY Jasmine Quiller-Doust

The Immigration Appeals Act 1969 is a little-remembered piece of legislation, overshadowed as it is by the racist intent of the predecessor Commonwealth Immigrants Acts and the sheer durability of the successor Immigration Act 1971. Nevertheless, it was an important piece of legislation at the time and a major if...

27th November 2023
BY Jasmine Quiller-Doust

Our October immigration round up is here and as we recorded shortly after the Supreme Court’s decision in the Rwanda litigation we included discussion of that at the beginning. Do keep listening after that though, as Colin and I cover everything from fishing to legal aid shortages via eSports, medico-legal...

27th November 2023
BY Sonia Lenegan

This month Sonia and Colin discuss the Supreme Court’s decision in the Rwanda litigation. As well as that, they cover everything from fishing to eSports, legal aid shortages, medico-legal reports, public funds and the shortage occupation list. If you would like to claim CPD points for reading the material and...

23rd November 2023
BY Jasmine Quiller-Doust

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 should remain outside the country with the other parent, unless the parent moving...

15th November 2023
BY Colin Yeo

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 Robert Thomas’ Administrative Law in Action:...

26th October 2023
BY Colin Yeo

Our September roundup is here, featuring the latest statement of changes and new parts of the Illegal Migration Act 2023 being brought into force. We also discuss the Brook House inquiry, the Rwanda litigation, new immigration fees and illegal working fines and have an impromptu book club.  If you listen...

20th October 2023
BY Sonia Lenegan

This month Sonia and Colin cover the latest statement of changes, new parts of the Illegal Migration Act 2023 being brought into force, the Brook House inquiry, the Rwanda litigation, new immigration fees and illegal working fines. If you would like to claim CPD points for reading the material and...

16th October 2023
BY Jasmine Quiller-Doust

Anyone who is liable to detention may be granted immigration bail. They may be released or allowed to live outside of detention, subject to certain conditions. Bail is granted by either the Secretary of State or the First-tier Tribunal. The main difference is that the Secretary of State may grant...

16th October 2023
BY Jasmine Quiller-Doust

Assisting unlawful migration Unlike the offences covered in previous unit, immigration control offences are not aimed at migrants themselves, but at those who enable or assist them in breaking the law. This can include British citizens. Facilitating a breach of immigration law The broadest and most severe immigration control offence...

16th October 2023
BY Jasmine Quiller-Doust

The government has published the new application fees previously announced earlier this year. The statement describes the increase as being made “to pay for vital services and allow more funding to be prioritised for public sector pay rises”. The explanatory memorandum provides a bit more detail: “an increase of 15-20%...

18th September 2023
BY Sonia Lenegan

The most recent Border Force People Survey reveals “a dissatisfied workforce which is a breeding ground for insider risk to grow and become insider acts, enabled by privileged access”. That is according to a new report from the Independent Chief Inspector for Borders and Immigration that looks at how internal...

18th September 2023
BY Sonia Lenegan

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 of EU citizens and a load...

8th September 2023
BY Colin Yeo

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 being by the Immigration and Asylum Act 1999 at the same time that a new criminal...

1st September 2023
BY Colin Yeo

Most work and study migration to the UK is described as being part of the “Points Based Immigration System”. This terminology was first introduced in 2007 and covered the work and study routes available for non-EU migrants. Since 1 January 2021, EU citizens have also had to use the Points...

24th August 2023
BY Sonia Lenegan

A would-be student stopped on arrival in the UK was wrongly denied a solicitor in interview, the High Court has found in R (on the application of Kumar) v Secretary of State for the Home Department [2023] EWHC 1741 (Admin). The facts Mr Kumar arrived at Manchester Airport with a...

14th July 2023
BY Deborah Revill

Today marks the 75th anniversary of the disembarking of the passengers on board the ship the HMT Empire Windrush at Tilbury docks on 22 June 1948. Even now, five years after the Windrush scandal broke, many well-informed and well-intentioned journalists, writers and policy-makers do not really grasp the true legal...

22nd June 2023
BY Colin Yeo

This month Sonia and I start with the Big Free Movement News (spoiler: Sonia is joining the team as the new Editor) and then cover a bunch of visa news and updates, a load of case law and several policy developments. If you would like to claim CPD points for...

6th June 2023
BY Colin Yeo
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