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The end of legal aid

Our anonymous contributor considers the non-availability of legal aid in the context of a recent Afghan case, and what the future holds for legally aided

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Being somewhat of a dinosaur (55) I can remember when the UK had a work permit system specific to entertainers and sportspeople. A little team of civil servants beavering away in an office near the Houses of Parliament, deciding who gets a work permit and who doesn’t. For two years...

19th July 2024
BY Steve Richard

I am looking forward to voting Labour on 4 July. I live in the Bristol Central constituency and am fortunate to have Thangam Debbonaire as my local MP. I’m doubly pleased to be able to vote for a Labour government and for Thangam personally. She would be a brilliant Secretary...

2nd July 2024
BY Colin Yeo

The UK is falling significantly short of international labour standards. In fact, the government’s labour migration policy and wider hostile environment actively produces risks of labour exploitation. In 2022, labour exploitation was the most commonly reported form of adult modern slavery cases recorded on the National Referral Mechanism, amounting to...

21st November 2023
BY Peter Wieltschnig

The UK government is limiting evacuations from Gaza to British citizens only, forcing families to separate if any of them are to be safe, leaving others in extremely dangerous circumstances. It has been one month since the war started, and Israel’s heavy bombardment of Gaza has intensified during this time....

7th November 2023
BY Pip Hague

On 27 September 2023 the Solicitors Regulation Authority published a “warning notice” for solicitors carrying out immigration work, causing some alarm within the sector. Specifically, concerns were raised about the SRA stating that solicitors should be taking steps to authenticate a client’s account and evidence, without any further explanation of...

6th November 2023
BY Sonia Lenegan

Last year 1,334 people came to the UK and claimed asylum based on their sexual orientation, amounting to 2% of all asylum claims. A lot of them are probably feeling quite frightened this morning after the Home Secretary has chosen to single them out for attack, as being undeserving of...

26th September 2023
BY Sonia Lenegan

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,...

17th April 2023
BY Colin Yeo

One of the changes to immigration law made by the government in response to the sharp increase in small boat crossings was the creation of a ten year route to settlement for refugees. This followed the commencement of the Nationality and Borders Act 2022, although the change was wrought by an...

9th February 2023
BY Colin Yeo

The power to denaturalise a British subject on the basis of their behaviour was first introduced by legislation in 1918. With some adjustments, the power remained broadly the same until as late as 2002. Essentially, only a person who had naturalised as British could be stripped of their citizenship and...

6th February 2023
BY Colin Yeo

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...

30th January 2023
BY Colin Yeo

There have been many stories over the last few years about the reasons asylum seekers risk their lives crossing the Channel to come to the UK. If they are willing to do this, many people ask, then what is the point of making life more difficult for them when they...

20th January 2023
BY Nicholas Reed Langen

Strategic litigation is a hot topic. Jolyon Maugham’s controversial Good Law Project provokes a visceral marmite effect. Some people absolute love it. Some, not so much. Sometimes referred to as ‘impact’, ‘test case’ or ‘public interest’ litigation, the idea that legal cases can be brought in order to achieve a...

28th November 2022
BY Colin Yeo

Imagine a scene. Prime Minister Liz Truss finds herself reading Free Movement blog tomorrow, sees the terrible harm her and her predecessors have been causing to documented and undocumented non-British citizens and decides to get rid of Britain’s borders. All of them. Those at port as well as those operating...

12th October 2022
BY Larry Lock

Our anonymous contributor considers the non-availability of legal aid in the context of a recent Afghan case, and what the future holds for legally aided immigration advice. Sara was in Kabul when the Taliban entered the city. Her husband, Hassan, a British national, was in the UK, working towards the...

1st September 2022
BY Free Movement

Raising misconduct by or within your employer is a brave and difficult step. You put your financial security, your career and your well-being at risk for the greater good. Often the rewards are nil, if not negative. For migrants there is the additional burden of legal precarity, which is often...

4th August 2022
BY Joseph Sinclair

Afghan citizens trying to escape the Taliban takeover in Afghanistan have become caught up in the UK government’s latest attempt to revise refugee policy. They face significant obstacles in obtaining adequate protection. Those who have no choice but to flee for their lives and travel without documents have their applications placed...

27th July 2022
BY Moghda Qadery

Last week, celebrities and charities joined forces to celebrate the bravery of Sir Mo Farah. In a BBC documentary, aired on 13 July, the Olympic gold medallist revealed that he was trafficked to the UK and forced into domestic servitude aged nine years old. Farah explained that the decision to...

18th July 2022
BY Maya Esslemont

A few poor souls are bound for removal to Rwanda today. Whether or not the flight departs on schedule, this is a moment of national shame. One of the richest countries in the world, hosting one of the lowest numbers of refugees internationally, has paid a developing country to take...

14th June 2022
BY Colin Yeo

The government has invested huge political capital into its refugee deal with Rwanda. Equally immense resources of time and energy will also no doubt be ploughed into getting a few unfortunate refugees on a plane there at some point. This is a monumental opportunity cost: there are really serious but...

9th May 2022
BY Colin Yeo

Imagine you are a Ukrainian refugee. Imagine you have left your home, your job, and almost all of your possessions behind. Perhaps your husband or son or father — or perhaps all of them — have stayed behind to fight. You head for the nearest border. Maybe that is Poland,...

14th April 2022
BY Colin Yeo

A new law preventing migrants from using their residence permits to prove their right to rent or work in the UK is coming into force without robust parliamentary debate. From 6 April 2022, no migrant in the UK will be able to use their biometric residence permit or card as...

5th April 2022
BY Alexandra Sinclair

Few people I know have ever had to face a contempt of court allegation. This is perhaps surprising given the range of activities potentially covered by the law of contempt, highlighted by the very recent decision of the Court of Appeal in R (Counsel General for Wales) v Secretary of...

17th February 2022
BY Eric Fripp

People having problems with their application to the EU Settlement Scheme or issues proving their status have one main point of contact with the Home Office: the EUSS helpline. The Home Office has now revealed that this valuable resource has been failing people, with only 44% of calls getting through...

26th January 2022
BY Andreea Dumitrache

The controversial Nationality and Borders Bill had its second reading in the House of Lords this week. One thing that peers on all sides of the house seemed to agree on – even if for different reasons – is that the immigration system is not working well. They’re right. Official...

7th January 2022
BY Ellen Lefley

Reading work visa sponsor guidance can be frustrating at the best of times, but particularly aggravating is paragraph S3.9: You must normally stop sponsoring the worker and inform us via your SMS account if the start date is delayed by more than 28 days after whichever is the latest of:...

5th January 2022
BY Robert Houchill

The “Dublin system” is the process within the European Union for allocating which country is responsible for deciding asylum applications. Its purpose is, essentially, to force refugees back to their point of entry into the EU, usually Greece, Hungary or Italy. The system began as the Dublin Convention in 1995...

29th November 2021
BY Colin Yeo

Yesterday, at least 27 people drowned in the Channel. We do not know exactly how many died yesterday or in recent months because the bodies are sometimes lost. A family of five were reported as drowned in October 2020 but the body of one of the children, Artin, aged 15...

25th November 2021
BY Colin Yeo

Comprehensive Sickness Insurance (CSI) continues to be a barrier to British citizenship for EU citizens. Although EU citizens were not required to have CSI to qualify for the EU Settlement Scheme, it lingers on in the citizenship requirements for people previously in the UK as students or self-sufficient persons. As...

23rd November 2021
BY Lara Parizotto

Priti Patel has Been Very Clear that the problems in the asylum system are other people’s fault (including me and my “activist lawyer” colleagues) and that her Package Of New Measures will sort them out. But what do the government’s own experts think? Well, yesterday the Independent Chief Inspector of...

19th November 2021
BY Alasdair Mackenzie

The Independent Chief Inspector of Borders and Immigration (ICIBI) is to inspect the relationship between the immigration system and the higher education sector. The call for evidence, which is open until 15 November 2021, confirms that the ICIBI will adopt a “broad perspective”, assessing the extent to which the Home...

5th November 2021
BY Nichola Carter

Today marks a significant date in the immigration lawyer’s calendar: it is 50 years exactly since the Immigration Act 1971 received royal assent. Free Movement staff have planned a party to celebrate the occasion (not). The 1971 Act is the root of British immigration law. 50 years on, it seems...

28th October 2021
BY Larry Lock

The number of new visas is starting to make heads spin. The government’s announcement of a route for HGV drivers and poultry workers comes hot on the heels of a new employment route for Graduates which opened in July. Next year will see at least two more new visas launched,...

28th September 2021
BY Joanna Hunt

The supposed “turn-around” policy for migrant boats is similar to previous reports of wave machines or floating fences. It sounds tough but will never be implemented. Policies aimed at the interception or interdiction of asylum seekers at sea are fairly common. Australia, the United States, Italy, Greece and Spain have...

13th September 2021
BY Colin Yeo

In 1956, after Soviet tanks had rolled into Budapest, the United Kingdom resettled around 11,000 Hungarian refugees in a matter of months. In 1972, after Idi Amin gave them 90 days to leave, the United Kingdom resettled nearly 30,000 Ugandan Asian refugees. Between 1979 and 1983, the United Kingdom resettled...

6th September 2021
BY Colin Yeo

Jobs that British employers struggle to recruit for are on the Shortage Occupation List. With separate entries for England, Scotland, Wales and Northern Ireland, it seeks to be responsive to the needs of industry across the devolved nations. The Migration Advisory Committee advises the UK government on which roles should...

25th August 2021
BY Nilmini Roelens

It’s been a very long time since most UK live music and theatre “sponsors” have had to issue paperwork for overseas artists to come into the UK. For most, it’s been 16 months and counting. Since then, we’ve had Brexit, dragging EU acts into the same category as US, Australian,...

3rd August 2021
BY Steve Richard

Regulation 9 of The National Health Service (Charges to Overseas Visitors) Regulations 2015 provides that the NHS in England cannot charge overseas visitors for treating a condition caused by torture, female genital mutilation, domestic violence or sexual violence. This is provided the overseas visitor did not travel to the UK...

23rd July 2021
BY Christine Benson

Imagine that you are – for the sake of argument – involved in a democracy movement in a post-Soviet dictatorship. Recently the police picked you up, beat the hell out of you and assaulted you in ways you’d rather not dwell on. Then they booted you out of the police...

6th July 2021
BY Alasdair Mackenzie

The government’s threat to increase its use of data matching is now becoming a reality with plans to expand the National Fraud Initiative (NFI). If implemented, the proposals would extend data matching powers from their current use in tackling fraud to cover other criminal activity, as well as debt recovery...

4th June 2021
BY Sahdya Darr

Priti Patel’s announcement of her “New Plan for Immigration” left many of us wondering what semblance of planning had gone into the proposals. The consultation that closed on 6 May raises similar questions given the misleading format of the survey, the short response timeframe and the lack of engagement with...

19th May 2021
BY Frances Timberlake
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