Last month, two new visa concessions were added to the Hong Kong British Nationals (overseas) (BN(O)) route. You can read about them in more detail in the Home Office guidance. Leave outside the rules where financial or residency requirements cannot be met The second amendment extends the concession that enables...
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For this month’s roundup podcast, Sonia and I manage to rattle through a huge volume of updates in a mere 36 minutes. We cover a load of cases, some important asylum policy updates and then several developments in immigration law as well. We’re sorry it is a little later than...
We live in what some have called ‘multi-status Britain’, a country in which discrimination is baked into a social, economic and racial hierarchy based on different forms of legal status. With British citizenship, other forms of British nationality, indefinite leave to remain, permanent residence, the five year route to settlement,...
Last week the immigration inspector published a 74-page stinging criticism of the Home Office’s approach to family reunion applications. After three previous inspections the Home Office’s performance had “deteriorated” and the inspection revealed “a system beset with delays and a team ill-equipped to manage the complexity and volume of applications”....
Quarterly immigration statistics released last week show the asylum backlog has hit a record high as 160,919 asylum seekers await an initial asylum decision, quadruple the number awaiting an initial decision at the end of 2019. In December 2022, following intense criticism over continuous unprecedented delays, Prime Minister Rishi Sunak...
What happens when you accidentally apply for an EU Settlement Scheme Family Permit when you meant to apply for an EEA Family Permit under the Immigration (EEA) Regulations 2016? The answer: you are deprived of the benefit of the EU Settlement Scheme and the EU Withdrawal Agreement. This is the...
The Home Office’s new policy temporary permission to stay for victims of trafficking and slavery was published on 30 January 2023. It accompanies the new appendix to the Immigration Rules of the same name, which was published on 18 October 2022 and came into force on 30 January this year....
This month Sonia and I talk through various government policies all about being horrible to migrants. It’s a seemingly inexhaustible vein. Indeed, there aren’t many (any?) government immigration policies NOT about being horrible to migrants. We then move on to discuss a few different nationality law issues, including the mind-boggling...
The Home Office is not beloved as an institution. Some consider it necessary. But no-one likes it. That seems to include not just migrants and their families but also many of the civil servants at the Home Office itself, the lawyers and judges who interact with the Home Office and...
Yesterday, the third annual inspection from the Independent Chief Inspector of Borders and Immigration (ICIBI) of ‘Adults at risk in immigration detention’ was published. On the same day, the Home Secretary discontinued the standing commission for this annual review. The report focuses specifically on the efficiency and effectiveness of Rule...
Colin and Sonia take a look back at 2022 and ahead to 2023 as well as covering the immigration updates from December 2022. Looking back, they talk about small boat crossings, the Ukraine and Hong Kong schemes, the impact (or lack of) the Nationality and Borders Act 2022, the Rwanda...
The High Court has concluded in the case of AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin) that the UK government’s Rwanda plan is lawful. The individual decisions in the case were inadequate and will need to be re-made, but that is no...
This month, Colin and Sonia mainly talk about an avalanche of asylum-related news, law and updates. It’s not all asylum, though, there’s also some blog posts to go over on Comprehensive Sickness Insurance, third party support in spouse applications, marriages in durable partner cases, the opening of the citizenship route...
Well-known human rights barrister Adam Wagner, based at Doughty Street Chambers, recently published Emergency State: How we lost our freedoms in the pandemic and why it matters (Bodley Head, 2022). I’m going to start this blog post with a short fairly conventional review of the thrust of the book. But...
When it becomes apparent that a person is not going to be able to acquire nationality from their country of birth or residence and they do not have the right of admission to any other territory, the only solution may be for the person to be formally recognised as a...
Welcome to the October 2022 episode of the Free Movement immigration update podcast. This month, Colin and Sonia talk politics, asylum, the statement of changes to the immigration rules and case law. The episode is a bit longer than usual as there was a lot going on! If you would...
The Home Affairs Select Committee held an oral evidence session about Channel crossings and other key asylum issues last week. Since the evidence that was heard on Wednesday, figures and quotes have hit the headlines. Criticism of Suella Braverman has been extensive and the Manston processing centre has become the...
The Tribunal Procedure Committee (“TPC”) has launched a consultation on the potential changes to the Immigration and Asylum Chamber Rules and the Upper Tribunal Rules that will arise from the Nationality and Borders Act 2022 and the New Plan for Immigration programme. The planned changes include: Accelerated detained appeals Priority...
With the government’s controversial mini-budget causing economic turmoil, Liz Truss has been steadfast that her aim is to boost economic growth in the United Kingdom. Central to achieving this will be a series of key reforms to the work-based immigration system. The government logic may be that the international talent...
A new concession has been added to the Ukraine Extension Scheme. The rules require prospective applicants to have held permission to be in the United Kingdom that expired on or after 1 January 2022, or to have held permission to be in the country on 18 March 2022. Children born...
Welcome to episode 104 of the Free Movement immigration update podcast. This month I am joined by “immigration lawyer about town”, as she put it, Sonia Lenegan. Taking pity on me after my solo effort last month, Sonia is the legal and policy director at Rainbow Migration, a consultant solicitor...
A ticked off Court of Appeal has refused another long residence appeal based on gaps in lawful residence, in a judgment full of digs at the Home Office in Iyieke v Secretary of State for the Home Department [2022] EWCA Civ 1147. The court made no bones about the fact...
When the footballer Mario Balotelli’s house was on fire, the first person he called was his agent. Who, quite predictably, told him to phone the fire brigade. As an immigration lawyer I have received less dramatic phone calls. Yet the story resonates with me. For those we help to enter...
The pandemic threw into sharp focus the overlooked and marginalised needs of the frail and bereaved elderly parents applying to be regarded as part of their settled families in the UK. The 2012 version of the Adult Dependent Rules for adult parents, siblings and others marked a tightening of UK...
What’s better than a plan for immigration? A new plan for immigration. July saw the publication of the Government’s New Plan for Immigration: Legal Migration and Border Control policy paper. Not much of the content can really be described as new. Unlike last March’s asylum-focused New Plan for Immigration however, this...
The current/outgoing government on 22 June 2022 introduced to Parliament the Bill of Rights Bill. For those (like me) who have been struggling to keep up with the news of late, the legislation will, if it becomes law, scrap and entirely replace the Human Rights Act. The Bill of Rights...
Welcome to episode 102 of the Free Movement immigration update podcast. This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications,...
Part 8 was the section of the Immigration Rules that covered family members prior to the introduction of Appendix FM. Today, it is mainly relevant for its provisions covering children. The following rules are for applications made by, or on behalf of, children whose parents are not entering or are already in...
We mentioned on the podcast last month that revised Immigration Rules on private life — getting permission to stay in the UK based on various forms of long residence, essentially — would need fleshed out in policy guidance. That guidance has duly emerged, to coincide with Appendix Private Life coming...
Welcome to episode 101 of the Free Movement immigration update podcast. This month we start with some great news on fees, then some updates on the new Borders Act before turning to Rwanda and asylum more broadly. We have a quick check-in on business immigration and end on the latest...
Hot off the virtual presses over at legislation.gov.uk: the Nationality and Borders Act 2022 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2022 (SI 2022 No. 590). The instrument brings into force, on 28 June, around a third of the act’s 82 substantive sections. This is in addition to the...
There is a new Practice Direction and a new Practice Statement for the First-tier Tribunal (Immigration and Asylum Chamber). Both were published yesterday and replace previous versions that applied to both the First-tier and Upper immigration tribunals. The Practice Direction has rules about: Online appeals Case management hearings Adjournments Witness...
Welcome to episode 100 of the Free Movement immigration update podcast. This month we’ve got some pretty major asylum stuff to go over plus quite a few different topics, including compensation for unlawful removal, the unending saga of the English language tests, new immigration fees, changes to work visas, a...
There should be a higher minimum wage just for social care workers rather than looser visa rules, the Migration Advisory Committee has recommended. Releasing a new MAC report on the impact of Brexit on adult social care, chair Brian Bell said: We maintain that only a significant rise in pay...
For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if this first, fundamental requirement isn’t met. Validity is a bit like oxygen: all things being well, it is invisible and unnoticeable. You only notice it...
The Home Office has finally published details of the requirements for sponsors in the UK Expansion Worker visa category. Part of the Global Business Mobility family, it replaces the Sole Representative visa — but how effectively does it fill this niche in the UK immigration system? “Evolving in tandem with...
Welcome to episode 99 of the Free Movement immigration update podcast. This month we start with statements of changes to the Immigration Rules on Ukraine, ten-year routes to settlement and the suite of new business visas. I then try not to get too cross about Comprehensive Sickness Insurance before turning...
Update: new fees apply from 4 October 2023, the details of those are here. The updated list of fees for immigration and nationality applications that apply from 6 April 2022 shows that most visas and extensions are up £15. Citizenship and sponsor licence rates are unchanged. Headline application fees had...
