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Free Movement

Free Movement

Free Movement

Updates and comment on UK immigration law

  • 44 minutes 45 seconds
    Immigration round-up: May 2026

    This month, Jasmine is joined by Isaac Abraham, a solicitor at the Islington Law Centre. They discuss the King’s speech and the latest immigration statistics, which show a fall in net migration and asylum claims, but a steadily growing appeals backlog. The number of sponsor licence revocations has also shot up. Jasmine interviewed Luke Piper last month about the devastation this is causing to sponsored workers, particularly in the health and care sector.

    Isaac discusses a number of new cases including a challenge by Syrian asylum seekers against removal to Bulgaria based on article 3 grounds and what happens to someone’s entitlement to benefits when they are subject to deportation proceedings. Jasmine talks about the problems that UK universities are creating for international student entrepreneurs and elsewhere there has been a judicial review challenge to the Home Secretary’s decision to grant temporary protection status of only 30 months to refugees. All this and much more! 


    Immigration statistics and news (01:30)

    Latest immigration statistics show falls in net migration and fall in asylum claims

    Work visas, employer crackdowns and the nationalities caught in the middle

    Nearly 90% of conclusive grounds reconsiderations result in positive outcome and more UK referrals than ever

    Immigration legislation re-announced in King’s Speech


    Asylum and protection (16:13)

    We’re challenging the Home Secretary’s decision to grant temporary protection status of only 30 months

    Upper Tribunal finds arguable Article 3 breach in Bulgarian removal challenge

    Family and human rights (23:42)

    Gurkha historic injustice does not remove the need to prove causation

    Which takes priority: family or immigration proceedings?


    Students (30:37)

    Sold entrepreneurship, barred from business? The student visa trap

    Can a Student visa holder sit as a member of the Scottish Parliament? Yes, they can


    Deportation (37:45)

    Social security case looks at the interplay between deportation and entitlement to benefits


    Briefings – new and updated (42:15)

    Briefing: registering a child as British

    Right to rent checks: a practical guide for landlords and letting agents in England

    What is the no recourse to public funds condition?

    Briefing: how to apply for a religious work visa

    How does absence from the UK work under the EU settlement scheme?

    Changes to the absence rules for EU Settlement Scheme

    9 June 2026, 4:34 pm
  • 35 minutes 29 seconds
    Immigration roundup: April 2026

    In the April round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover April’s most significant developments, which includes a Court of Appeal decision on what past ill-treatment actually has to look like to amount to persecution, a landmark European Court of Human Rights ruling on returns to Afghanistan, and a High Court judgment looking at whether single hotel rooms are ‘adequate’ for asylum-seeking families.

    They also discuss the ongoing saga of the last person stranded on Diego Garcia and practical guidance on domestic abuse cases where survivors fall outside the rules. Plus costs applications, surrogacy, sponsor right to work checks, and more.



    Asylum and protection (00:58)

    Past arrest and beating of Vietnamese protester does not amount to persecution

    European Court rules return of Hazara Afghan national would breach Article 3

    Asylum hotel accommodation unlawful where it fails basic standards of adequacy

    The importance of early clarification of grounds of appeal

    Final Diego Garcia migrant moved from the military base to the Maldives


    Family and human rights (15:18)

    Home Secretary accepts she can grant further leave on the five-year route without the no recourse to public funds condition

    When domestic abuse survivors don’t fit the rules: options and risks

    Adoption and surrogacy: when is a child born overseas British?

    High Court finds Afghan relocation refusal unlawful and unpublished guidance is withdrawn 


    EU Settlement Scheme (27:16)

    Continuous residence under the EU Settlement Scheme: changes to automated settlement process and expanded cancellation policy


    Work (31:40)

    Confusing changes to sponsor right to work checks: what has changed and what is still unclear


    Procedure (33:27)

    Applications for costs in immigration cases: what practitioners need to know

    5 May 2026, 11:23 am
  • 31 minutes 3 seconds
    Immigration roundup: March 2026

    In the March round-up, Jasmine is joined by Chris Dias to discuss a new practitioner's guide to children's protection claims, whether policies to deter asylum seekers actually work and what happens when the Home Office grants settlement by mistake. They cover a number of cases including the latest in the Diego Garcia saga and the Court of Appeal's approach to deportation and subjective fears of family members.

    Chris highlights the key points from the latest statement of changes and new sponsor compliance duties. They also cover some updated briefings, including the right to work for asylum seekers and the electronic travel authorisation scheme.


    Asylum and protection (00:44)

    A practitioner’s guide to commencing children’s protection claims

    Home Office decision to remove public funds from Diego Garcia asylum seekers was unlawful, Upper Tribunal finds

    Convicted murderer excluded from protection of Refugee Convention

    Why the latest attempt to deter asylum seekers won’t work

    Asylum support: what is available and what has changed


    Statement of changes (11:05)

    Statement of changes HC 1691: changes for refugees, skilled workers, children and more


    Settlement (15:14)

    What happens if the Home Office grants indefinite leave to remain by mistake?


    Deportation (17:15)

    Subjective fears of family members are relevant but not enough to prevent deportation


    Procedure (19:05)

    When can you get a refund for the immigration health surcharge?

    Is a person who obtained their leave by deception “lawfully resident”?


    Work (22:55)

    New sponsor compliance duties you need to act on now

    Three months is enough: High Court confirms approach to salary assessment in sponsor licence revocation case

    When would you ever use the secondary employment provisions?


    Updated articles (28:52)

    Can asylum seekers work while waiting for a decision on their case?

    Do I need an electronic travel authorisation to enter the UK?

    2 April 2026, 3:25 pm
  • 33 minutes 58 seconds
    Immigration 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

    Massive reduction in the backlog but questions over quality of decision making in latest trafficking statistics

    Latest statistics: overall decline in visa grants and concerns as Syrian asylum success rate plummets

    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)

    New Home Office guidance on EU Settlement Scheme: derivative right to reside (Chen and Ibrahim/Teixeira cases)


    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 seconds
    Immigration 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

    High Court finds the Home Secretary’s approach to making public order disqualification decisions is unlawful

    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 seconds
    Immigration 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

    First-tier Tribunal appeal receipts up 123% in a year, amid continuing concerns about Home Office decision making


    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)

    Home Secretary ordered to allow man to return to UK after telling airline not to fly him and cancelling his eVisa

    Court orders grant of indefinite leave in case with historic conviction


    EU Settlement Scheme (34:22)

    Court of Appeal denies derivative rights of residence to the children in education of former self-employed EU citizens


    Work routes (36:40)

    High Court clarifies meaning of “non-genuine vacancy” in sponsor licence revocation


    Family (38:00)

    Does ‘could’ mean a ‘mere possibility’? Court of Appeal looks at exceptional circumstances and financial requirements under Appendix FM


    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)

    New Editor at Free Movement

    9 January 2026, 12:35 pm
  • 42 minutes 40 seconds
    Immigration 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”

    Home Secretary announces major asylum and other changes in new policy paper: “Restoring Order and Control”

    Latest statistics: gaps in Home Office’s family data give cause for concern in light of earned settlement proposals

     

    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)

    Upper Tribunal stops Home Office resiling on a concession that the EUSS derivative rights rules were met

    Four in five EU Settlement Scheme administrative reviews waiting more than two years for a decision

     

    Updated (41:40)

    Suitability refusals: owing a debt to the NHS

    4 December 2025, 1:55 pm
  • 36 minutes 43 seconds
    Immigration 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

    Some appeals should still be listed for a hearing even where an unrepresented appellant has not asked for one

    Court of Appeal finds it arguable that student did not receive Home Office email cancelling his leave

     

    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?

    How to apply for a UK expansion worker visa

    12 November 2025, 5:52 pm
  • 42 minutes 30 seconds
    Immigration 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?

    Home Office amends modern slavery guidance to facilitate returns to France following High Court decision

    Palestinian refugee forced to wait further 18 months for refugee status after Home Office change of position

    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

    Explainer: navigating the Shortage Occupation List, Immigration Salary List and Temporary Shortage List


    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 seconds
    Immigration 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)

    Upper Tribunal endorses practice of judges considering permission to appeal applications against their own decisions

    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 seconds
    Immigration 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)

    Afghan scheme closed immediately and major changes to skilled worker route – statement of changes: HC 997

     

    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?

    The Climate Mobility Case Database: a new movement to advance the rights of climate-displaced communities

    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

    Upper Tribunal decision on evidential flexibility and accepting new evidence in administrative reviews

    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

    What is the immigration skills charge?

    Briefing: what is the English language requirement?

    6 August 2025, 12:07 pm
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