Free Movement
Free Movement
Updates and comment on UK immigration law
- 33 minutes 58 secondsImmigration roundup: February 2026
In the February round up, Jasmine and Barry discuss the Home Office's new pilot for children's asylum claims and dig into the latest immigration statistics. They cover some crucial advice for clients, including what to do if you're refused entry at the UK border, whether you can apply for settlement early to avoid the new ‘earned settlement’ proposals and how to fight a bank account closure on immigration grounds.
There is also new Home Office guidance on EU Settlement Scheme derivative rights, trouble for dual nationals without British passports and yet more lawyers being caught out by fake AI-generated case law.
Asylum and protection (02:08)
Home Office introduces pilot to speed up children’s asylum claims
No breach of public sector equality duty by Home Office when housing LGBTQ+ asylum seekers
Visitors (12:02)
What to do if you are stopped and refused entry at the UK border
Settlement (13:46)
Can I apply for indefinite leave to remain early?
A fairer pathway? How the “earned settlement” proposals risk discrimination against migrant women
EU Settlement Scheme (17:35)
Citizenship (19:43)
Will the UK really ban dual nationals who don’t have a British passport?
Permission granted in judicial review challenges to British citizenship ‘good character’ policy
High Court gives guidance on delay in applying for judicial review and human rights jurisdiction
Deportation (27:37)
Man stranded abroad challenges Home Office deportation decision taken whilst travelling
Procedure (29:29)
How to challenge closure of a bank account on immigration grounds
Tribunal criticises two more immigration lawyers for suspected citation of AI-invented fake case law
Updated (32:00)
Youth Mobility visa: what is it and how does it work?
How to apply for a UK spouse or partner visa
How to become an Immigration Advice Authority (formerly OISC) Level 1 regulated adviser
5 March 2026, 5:37 pm - 43 minutes 36 secondsImmigration roundup: January 2026
In Sonia's final episode, we cover the first substantive judgment concerning the use of “public order disqualification” powers in trafficking cases, an updated CPIN on Pakistan for LGBT+ people and the policy that's pushing people in conflict zones to make dangerous journeys to enrol their biometrics.
Barry covers a really important judgment on children's settlement applications (a crucial read as things may change again later this year) and Sonia highlights the dangers of the use of AI by immigration lawyers. We finish up by discussing the (little) weight that rehabilitation carries in deportation appeals.
Asylum and protection (01:17)
Refugees at risk of street homelessness have until 16 January to extend their asylum accommodation
Home Office U-turn over grants of leave to trafficking victims after legal challenge
Concerns raised about changes to Home Office’s country evidence on Pakistan for LGBT+ people
The Home Office’s unsafe journeys policy is dangerous
Child settlement applications (13:53)
Important Court of Appeal ruling on children’s settlement applications
Artificial intelligence (21:00)
Briefing: AI and immigration law – what guidance is there for lawyers?
Windrush (25:03)
Possibility of legal aid in some Windrush compensation cases opened up by Court of Appeal
Visit visas (26:36)
Costs awarded by Court of Appeal in visit visa delay case
Legal Ombudsman (28:29)
Partial success for immigration barrister in challenge to Legal Ombudsman decision
Deprivation of citizenship (29:04)
Supreme Court addresses fairness concerns in deprivation appeals
Work routes (31:45)
The appeal of judicial discretion in civil penalty appeals: Court of Appeal grants permission
Care home refused permission in challenge to revocation of sponsor licence for underpaying staff
Deportation (36:53)
Court of Appeal dismisses deportation appeal despite evidence of rehabilitation
Updated (41:19)
Briefing: the sorry state of the UK asylum system
Briefing: how to apply for a high potential individual visa
Making sense of sole responsibility for child visas in immigration law
5 February 2026, 3:02 pm - 48 minutes 41 secondsImmigration roundup: December 2025
That's officially a wrap on 2025 as Sonia and Barry run through December's various happenings, including the final statement of changes for the year and our latest resources on the earned settlement proposals. The Border Security, Asylum and Immigration Act is now in force and the latest tribunal statistics show that the Home Office's insistence on filling the appeals system with challenges to poor quality decisions remains a huge problem.
Sonia talks about the resumption of processing of settlement protection applications from Syrian nationals. There were also lots of case updates as usual, including a particularly egregious one covered by Barry where the Home Office left a man street homeless in Turkey for months. We finished up with a reminder about the important of awareness about vicarious trauma, and an update on some changes at Free Movement along with a new vacancy.
The 48 minute podcast follows the running order below:
Statement of changes (01:45)
Visit visa requirement imposed on Nauru because of “Citizenship by Investment” scheme
Earned settlement (07:20)
Briefing: the implications of the “earned settlement” proposals and what they might mean in practice
Asylum (08:23)
Home Office recommences processing of Syrian settlement applications
The Border Security, Asylum and Immigration Act 2025 is in force – what has changed?
Court of Appeal upholds right to appeal in asylum support cases where Home Office withdraws claim
Citizenship (15:35)
Home Office must consider whether to exercise discretion in Windrush cases
Students (19:15)
Court declares University’s failure to rescind its withdrawal of sponsorship as unlawful
Detention (23:20)
High Court finds safeguarding failures by Home Office at Brook House detention centre
Emergency travel document delays lead to detention challenge
Deportation (25:55)
Court orders grant of indefinite leave in case with historic conviction
EU Settlement Scheme (34:22)
Work routes (36:40)
High Court clarifies meaning of “non-genuine vacancy” in sponsor licence revocation
Family (38:00)
Well-being (43:45)
Vicarious trauma: what practitioners need to know
Updated (45:55)
Suitability refusals: owing a litigation debt to the Home Office
Will I need Electronic Travel Authorisation to enter the UK?
What is the immigration skills charge?
What safe and legal routes are available for refugees to come to the United Kingdom?
Blog news (46:25)
9 January 2026, 12:35 pm - 42 minutes 40 secondsImmigration roundup: November 2025
What a month. Sonia kicked off the podcast with a runthrough of the major policy proposals which came out in November, including the changes to refugee settlement periods and a look at the earned settlement proposals (though not in too much detail as she is doing a full webinar with Colin on the topic for Free Movement members on Wednesday 10 December at 11am). Barry had provided oral evidence to the House of Lords’ Justice and Home Affairs Committee inquiry into Settlement, Citizenship andIntegration the day before we recorded, so he gave us an update on that (as mentioned by Sonia, the call for written evidence is here and the deadline is 23 January 2026).
Sonia also ran through some of the lowlights from the latestquarterly statistics and gave updates on the latest eVisa and section 3C leave challenges. Barry looked at a useful post on what MPs are able to help with in immigration matters, and added his expert insights to posts on unmarried partner applications as well as a recent reported case on overseas adoptions. There were also several case updates and much more!
Policy (01:20)
Home Secretary opens consultation on “earned settlement”
Procedure (16:15)
What can MPs do to help their constituents in immigration and asylum cases?
Section 3C leave challenge adjourned for further consideration of impact on children
Permission granted for judicial review of the Home Office’s eVisa policy
Citizenship (18:55)
Man who used false identity to obtain British citizenship loses appeal against deprivation
Family (19:50)
Adult siblings in Gaza case unable to establish family life under article 8
Navigating the unmarried partner route under Appendix FM
When is an overseas adoption recognised for UK immigration purposes?
Deportation (30:10)
Revocation of deportation order case fails in the Court of Appeal
Withdrawn certification decision does not reinstate leave in deportation cases
Work routes (31:50)
Skilled worker visa correctly refused because applicant was on immigration bail
Immigration Advice Authority (32:30)
Who is exempt from Immigration Advice Authority registration and exams?
Visiting (33:30)
Do I need a visa if I’m transiting through a UK airport to another flight?
Visit visa application wrongly refused four times by Home Office
EU Settlement Scheme (40:00)
Four in five EU Settlement Scheme administrative reviews waiting more than two years for a decision
Updated (41:40)
4 December 2025, 1:55 pm - 36 minutes 43 secondsImmigration roundup: October 2025
Our October round up is here! Barry does the honours thistime around with the statement of changes and Sonia foreshadows some bad news potentially coming next week. Barry shares an AI horror story that is really one for the ages (so far) after Sonia’s segment on the latest lawyers to fallfoul of AI hallucinated case citations. We also cover a new briefing on biometric excuses and predeterminations, sponsor licence enforcement, the rules around supplementary (not secondary) employment and new legislation in force on deprivation cases.
There are also loads of new cases, from a grandmotherbattling a 23 year old deportation order so that she can join her family in the UK, to some dodgy interviewing practices by the Home Office, unrepresented appellants and decisions on the papers, and Sonia and Barry do their usual scratchingof heads over the Home Office’s decision to fight a fairly obvious case about an email all the way to the Court of Appeal.
The 37 minute podcast follows the running order below:
Statement of changes (02:00)
Date set for commencement of new student, graduate and work immigration rules
New suitability rules will apply to Appendix FM and other human rights applications
Visa requirement imposed on Botswana nationals to prevent asylum claims
Procedure (15:20)
Two more immigration lawyers facing potential disciplinary proceedings for misuse of AI
How to apply to come to the UK when you can’t travel safely to enrol your biometrics
Immigration enforcement interview at train station ruled procedurally unfair
Work routes (27:18)
When is supplementary employment permitted and what are the rules?
Surge in sponsor licence enforcement: what immigration practitioners need to know
Detention (30:50)
High Court clarifies the limits of electronic monitoring immigration bail powers
Human rights (31:45)
Grandmother to remain separated from her family after Home Secretary success in deportation case
Successful challenge to certification of human rights claim for gay man
Nationality (34:20)
What does the new law on deprivation of British citizenship do?
Upper Tribunal gives guidance on children’s best interests in deprivation appeals
Updated (35:30)
Briefing: what is the Common Travel Area and how does it work?
Briefing: “Hamid” disciplinary hearings for immigration lawyers
What is the Independent Chief Inspector of Borders and Immigration?
Briefing: what is the ‘right of abode’ in UK immigration and nationality law?
Age assessments: what happens when a child arrives in the UK?
12 November 2025, 5:52 pm - 42 minutes 30 secondsImmigration roundup: September 2025
September brought us a new Home Secretary who immediately made some inaccurate comments about “last minute” legal challenges to removal and the modern slavery identification system, so Sonia looked at those in this month’s podcast. Sonia also covered the final act of the previous Home Secretary, which was the closure of the refugee family reunion route. Refugees do still haveother options, but with a lot more hurdles and delays in place.
Barry discussed the case of the Palestinian refugee wherethe Home Office withdrew the refusal of his asylum claim the day before the appeal hearing indicating that refugee status would be granted, only to refuse it again following publicity of the case – prompting a further legal battle. Barry also looked at changes to the early removal scheme for foreign national offenders, as well as the case of an ill-advised use of AI by an immigration barrister that led to a referral to the Bar Standards Board. All this and much more!
Reminder – if you want to book any of our upcoming trainingcourses, you can find them all here.
The 40 minute podcast follows the running order below:
Asylum (02:55)
The reality behind “last minute” legal challenges to removal
Briefing: is the modern slavery identification system in the UK being misused?
Refugee family reunion route closed in statement of changes: HC 1298
What now for refugee family reunion applications?
Deportation (22:50)
A look at the upcoming changes to the early removal scheme for foreign national offenders
Procedure (27:50)
Tribunal lacked jurisdiction to consider human rights appeal where no notice filed
Procedural fairness in visit visa applications
Barrister referred to regulator following misuse of AI in immigration appeal
Work routes (37:35)
Care worker found working in restaurant loses legal challenge
Updated (40:12)
How to access old versions of Home Office guidance and identify any changes
Exceptional circumstances in a spouse or partner visa application under Appendix FM
Visas for children under Appendix FM of the immigration rules
British by descent: when the child of a British citizen is not themselves British
How to apply for an International Sportsperson visa
General grounds for refusal: understanding mandatory refusal periods
6 October 2025, 8:41 am - 40 minutes 43 secondsImmigration roundup: August 2025
Let's face it, August was a rough one and hopefully most of you managed to escape it for a summer holiday at some point, in which case you definitely need Sonia and Barry to help catch you up! The UK announced its new arrangements to return people arriving across the Channel to France, hotels used as asylum accommodation hit the headlines as far right protests hit the streets, and the latest immigration and asylum statistics were out - with some notable omissions. In addition to this, Barry covers an unsuccessful attempt by the Daily Mail to publish the personal details of a woman who lacks mental capacity as well as a new registration process for Irish citizens to become British.
Barry also covers the very sad case of a woman who was unsuccessful in her challenge to a refusal of indefinite leave to remain. Sonia highlights an unreported but useful case on public order disqualifications in trafficking claims, an essential read for anyone working on those cases. She also looks at an important change to practice in the First-tier Tribunal which has been endorsed by the Upper Tribunal. All this and more in our August roundup!
The 41 minute podcast follows the running order below:
Statistics (00:45)
Latest statistics raise questions around sustainability of Home Office asylum decision making
Briefing: the sorry state of the UK asylum system
Asylum (07:00)
Briefing: how to come to the UK from France under the UK/European Applicant Transfer Scheme
Expression of interest form for France to UK transfers goes live
What do we know about the UK-France agreement on asylum returns?
Trading in human lives: unpacking the UK/European transfer scheme
Daily Mail publisher loses attempt to lift anonymity order
Home Office wrongly issued biometric residence permit to person refused asylum
Challenge to public order disqualification dismissed by Upper Tribunal
Epping Council succeeds in interim relief preventing use of hotel as asylum accommodation
Nationality (18:40)
Simplified registration process for Irish citizens comes into force
Detention (21:30)
Common issues with immigration bail conditions
Human rights (22:20)
Refusal of indefinite leave to remain because of false passport conviction upheld by Upper Tribunal
Work routes (27:50)
Changing employers on a skilled worker visa
Procedure (32:00)
Procedural fairness challenge succeeds in Hong Kong case
Updates (37:50)
How to make a complaint to the Home Office
Good character and criminal convictions in British citizenship applications
Briefing: the inadmissibility process in asylum claims
How to apply for a UK domestic worker visa
What safe and legal routes are available for refugees to come to the United Kingdom?
3 September 2025, 8:19 am - 42 minutes 43 secondsImmigration roundup: July 2025
July was actually a fairly busy month! Join Sonia and Barry as they run you through what happened, including the changes to the skilled worker route, everything that happened on Afghan resettlement, recent changes to the EU Settlement Scheme and the latest instalment in a far too long running Palestinian case. An article from BID flagging up a really important change being proposed to cautions got a huge number of views and has hopefully helped to raise awareness.
Other cases included one involving a questionable practice by the Home Office relating to people in prison, a successful challenge to a sponsor licence revocation. Barry and Sonia also discussed the wisdom of civil penalty appeals, the latest on climate change litigation and an important update for anyone filing judicial reviews in the Administrative Court. That's not even all of it!The 43 minute long podcast follows the running order below:
Statement of changes (00:50)
Asylum (02:10)
Secret Afghan resettlement scheme set up after government data breach
Successful challenge to transparency of Triples review of Afghan resettlement rejections
What does the ICJ’s advisory opinion on climate change mean for displaced people?
Palestinian family succeed in their latest battle to reach the UK
Deportation (12:30)
Concern over new police powers to ensure more foreign nationals are removed from the country
Home Office failed to consider human rights claim before making deportation decision
Detention (18:40)
Student held to be unlawfully detained after Home Office wrongly cancels leave
Work routes (19:50)
Extending a skilled worker visa without a certificate of sponsorship
Care provider successfully challenges revocation following Home Office salary miscalculations
Failed challenge shows that civil penalty appeals can be unappealing
EUSS (28:50)
Changes to the absence rules for EU Settlement Scheme
How does absence from the UK work under the EU settlement scheme?
Procedure (34:00)
Which settlement category (and form) to use when completing ten years of lawful residence
Administrative Court gives guidance on handling e-filing issues
Updated (41:00)
There is no 180 day a year rule for visitors to the UK
Naturalising as a British citizen: the intention to settle requirement
6 August 2025, 12:07 pm - 36 minutes 52 secondsImmigration roundup: June 2025
Time for your June round up of all things Free Movement - and Barry is back! In this month's episode both Sonia and Barry divulge some rather niche interests, while discussing the second latest (!!) statement of changes, the Migration Advisory Committee's review into the minimum income requirement, the legal aid crisis (the increase was announced the day of recording) and impact on the tribunals. They also looked at difficulties for both Afghan women and Ukrainians seeking protection in the UK. Cases included a mystifying decision by some legal representatives to ignore a helpful email from the Home Office, some guidance on bringing Cart judicial reviews under the new restrictions, a certificate of travel refusal and more!
The 37 minute long podcast follows the running order below:
Statement of changes (01:30)
Statement of changes: HC 836 sees changes to permitted absences for EU Settlement Scheme
Asylum (02:40)
The Home Office is refusing Ukrainians’ protection claims and telling them to leave the UK
Legal aid crisis worsens with shortage of immigration and asylum advice throughout the UK
Immigration tribunal appeals backlog up 80% to 90k outstanding cases
The uncertain future for Afghan women seeking asylum
Tribunals “required to use common sense” in claims of monitoring by a foreign state
Court of Appeal finds Home Office justified in refusing certificate of travel
Family (16:30)
Committee advises against further increase to minimum income requirement for families
Procedure (22:05)
Lawyer error results in invalidity of settlement application Court of Appeal finds jurisdiction in Cart judicial review under “natural justice exception”
Work routes (28:12)
Visitors (29:42)
Immigration Advice Authority (32:15)
What can you do as a Level 1 Immigration Advice Authority adviser?
Updated (33:30)
What are the continuing professional development requirements for immigration lawyers?
Briefing: the support system for migrant victims of human trafficking
Briefing: the seasonal worker visa
What safe and legal routes are available for refugees to come to the United Kingdom?
Should refugees claim asylum in the first safe country they reach?
What is the difference between refugee status and humanitarian protection?
Top tips for making complex refugee family reunion applications
Briefing: What rights do refugees have under the Refugee Convention?
4 July 2025, 8:57 am - 45 minutes 40 secondsImmigration roundup: May 2025
May is over and the immigration white paper has finally been published, so Sonia spends a bit of time at the beginning of this month's podcast reliving the horrors of that. Andrew covers a very wide range of topics in this episode, from deprivation of citizenship to "self sponsorship" to deportation of EU nationals to visitors. Sonia goes on (yet another) rant about eVisas. If there is a potential audience for Andrew's offer of a ten hour podcast purely listing eVisa complaints then do let us know and we'll consider it! All this and much more.
The 45 minute long podcast follows the running order below:
Immigration white paper (00:52)
The immigration white paper has been published
What does the immigration white paper say about workers and students?
What does the immigration white paper say about family, deportation and other areas?
Immigration white paper impacts on the Higher Education sector and international students
Immigration white paper – the case for optimism and what sponsors should do
Points based system (09:05)
Briefing: an employer’s guide to section 3C leave
Asylum (15:20)
Latest statistics show that only two Syrian people have been granted refugee status this year
Fresh claim rejection successfully challenged in Upper Tribunal
EU Settlement Scheme (19:30)
Poor drafting of Appendix EU criticised again by Court of Appeal
Deportation (24:20)
Immigration Advice Authority (29:15)
What can you do as a Level 1 Immigration Advice Authority adviser?
Immigration adviser loses appeal against refusal to raise registration level
Visitors (32:30)
Potential border problem caused by discrepancy between ETA and visitor suitability rules
Challenge to refusal of visitor visa dismissed by Court of Appeal
Procedural (38:10)
Upper Tribunal reiterates correct process for applying for permission to appeal
eVisa failures preventing access to public funds
Nationality (41:15)
Supreme Court dismisses appeal against deprivation of British citizenship by woman in Syria
Updates (43:48)
How much does it cost to sponsor someone for a UK work visa?
How child relatives of refugees can apply to enter or remain in the UK
How to become an Immigration Advice Authority Level 1 regulated adviser
Briefing: How expensive are UK immigration applications and is this a problem?
What amendments are being made to the Border Security, Asylum and Immigration Bill?
6 June 2025, 1:22 pm - 42 minutes 15 secondsImmigration roundup: April 2025
It was a relatively quiet April ahead of what looks to be a busy May. Sonia is joined by Andrew again this month. Sonia runs through the amendments made at committee stage of the Border Security, Asylum and Immigration one and despaired over the lack of attention given to the case where the UK detained a Brazilian tourist for eight weeks. Andrew looks at Asylum Aid's successful statelessness challenge as well as a really interesting piece on discrimination against non-EEA nationals with pre-settled status. There were also lots of case updates, including on fee waivers in indefinite leave applications, successful and unsuccessful skilled worker cases, and much more!
The following posts were covered in this episode:
What amendments have been made to the Border Security, Asylum and Immigration Bill?
Asylum (03:45)
New Iran country policy and information note on social media, surveillance and sur place activities
Court of Appeal considers standard of proof for internal relocation
Family (08:00)
Asylum Aid wins High Court challenge to the statelessness family reunion rules
The armed forces immigration rules: what are they, why do they exist and what are the challenges?
Home Office guidance on discretionary indefinite leave for children held to be unlawful
Visitors (22:40)
Brazilian tourist unlawfully detained after “volunteering” in a hostel
Work routes (24:40)
Court of Appeal rejects student’s attempt to switch into skilled worker route
Challenging the suspension and revocation of a sponsor licence
Successful challenge to cancellation of skilled worker leave after Home Office errors
Guidance on “exceptional assurance” Covid policy given by Court of Appeal
Updated (40:30)
Refugee family reunion: a user’s guide
Fee waivers for applications made outside the UK: who can qualify and how to apply
Briefing: the sorry state of the UK asylum system
A guide to right to work checks
A guide to making fresh claims
What are the financial requirements for UK spouse and partner visas?
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