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Free Movement

Free Movement

Free Movement

Updates and comment on UK immigration law

  • 36 minutes 12 seconds
    Immigration round-up: August 2026

    Jasmine is back with Mala Savjani, partner at Wilsons Solicitors, for August's round up of immigration law news.

    Mala talks through the latest quarterly statistics which show immigration, asylum and citizenship numbers all falling, and why the Supreme Court found an illegal working civil penalty notice to be invalid. We discuss two important Upper Tribunal cases, one sets out what makes a good country expert report, and the other is the long-awaited country guidance on Albanian male victims of trafficking.

    We also cover the statement of changes lifting work restrictions for skilled workers with a positive conclusive grounds decision (more on that next month), and a case on the restricted nature of Article 8 family life. Jasmine explains why an appeal brought for a child without valid instructions is no appeal at all and the importance of evidencing future intentions in the UK when it comes to registering a child as British under section 3(1) of the British Nationality Act. Plus lots more.

    Immigration statistics (00:28)

    Latest immigration statistics: immigration, asylum and citizenship numbers all fall


    Asylum and protection (04:02)

    Upper Tribunal provides guidance on what makes a good country expert report

    New Country Guidance case for Albanian male victims of trafficking

    Home Office concedes that trafficking survivors with skilled worker visas can have their leave varied to VTS leave


    Family (15:01)

    Court of Appeal reiterates restricted nature of Article 8 family life


    Children (17:45)

    An appeal brought on behalf of a child without valid instructions is no appeal at all


    Work (20:35)

    Supreme Court finds illegal working civil penalty notice invalid for failing to specify the basis for liability


    Citizenship (23:14)

    Challenge to citizenship refusal under section 3(1) by stateless children refused for lack of supporting evidence


    Visitors (25:56)

    Gaza visit visa refusal amounted to a human rights refusal despite the wording of the decision letter

    Visitor visa applicants must be allowed to respond to ‘not genuinely seeking entry’ allegation


    New briefings (32:42)

    How to respond to the Home Office if a sponsor’s licence is suspended

    How to handle counter-allegations in domestic abuse cases

    Why does a positive trafficking decision not automatically establish an asylum claim?

    How to apply for immigration bail

    15 September 2026, 7:38 am
  • 49 minutes 15 seconds
    Immigration round-up: July 2026

    Isaac Abraham is back to join Jasmine for this month's episode. It's a bit of a longer one this month as we dedicated the first section to the big news that was the Immigration and Asylum Bill. Isaac has explained the bill's different parts and its passage through Parliament so far.

    Jasmine goes through the most recent statement of changes and then a number of cases, including a successful challenge from a trafficking victim who was forced at gunpoint to steer a small boat across the Channel. Isaac looks at two separate Home Office actions that have been found unlawful, including the secret policy capping trafficking leave to 12 months and the removal of the right to request reconsideration of a trafficking decision. There were also two quite shocking fraud cases and a reminder to solicitors to watch out for 'red flags'.

    We also highlight the changes to right to work checks coming in from 1 October. Plus much more!


    Immigration and Asylum Bill (00:41)

    What’s in the Immigration and Asylum Bill 2026?


    Statement of changes (13:08)

    Statement of Changes HC 259: changes to children’s settlement rules under Part 8 and exception to immigration bail prohibition


    Asylum and protection (15:13)

    Refugee families left in limbo as challenge to suspension of refugee family reunion route is dismissed

    Over 1,000 people seeking sanctuary convicted of illegal arrival in the UK

    Successful legal challenge for survivor of trafficking forced to steer small boat across Channel

    Secret Home Office policy capping trafficking leave at 12 months declared unlawful

    Home Office acted unlawfully by removing reconsiderations for trafficking decisions


    Procedure (33:48)

    Immigration firm criticised for failing to identify possible client fraud

    ‘Well-oiled’ fraudulent business machine behind fake judicial review claims uncovered


    Business (39:38)

    Right to work checks are changing: what employers need to know before October 2026

    High Court quashes sponsor licence revocation over unspoken dishonesty allegation

    Options for care workers when an employer’s sponsor licence is revoked

    The case for a dedicated UK fishing visa


    Briefings - new and updated (47:13)

    The Tameside duty of inquiry: what is it and why is it relevant to immigration law practitioners?

    Fee waivers: what can you do if you cannot afford to pay your immigration application fee?

    Applying for British citizenship by naturalisation

    Good character and criminal convictions in British citizenship applications

    Suitability refusals: alleged deception, false information and innocent mistakes

    6 August 2026, 9:21 am
  • 33 minutes 55 seconds
    Immigration round-up: June 2026

    In this month's round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover the latest tribunal statistics, which make for grim reading as the asylum appeals backlog has climbed past 87,000 cases. With roughly twice as many cases coming in as going out, anyone lodging an appeal now faces a wait of close to three years.

    Mala then unpacks the judicial review challenges to the Home Office's good character citizenship policy. Jasmine and Mala also cover a Court of Appeal decision on Iranian sur place claims, a win for Freedom from Torture and the Helen Bamber Foundation over asylum accommodation protections, and a curious split between the English and Scottish courts on age assessments. Plus, the new compliance regime for universities, the English language test fraud allegations saga, settlement and more! 


    Asylum and protection (02:03)

    Asylum appeal backlog rises to 87,450 cases

    Home Office withdraws refusals in good character citizenship policy challenges

    Court of Appeal declines to give wider guidance on Iranian sur place claims

    Home Office unlawfully removed asylum accommodation protections for torture and trafficking survivors

    Divergent approach to age assessments adopted in different parts of the UK


    Settlement (19:15)

    Yet another case on criminality for pre-2012 discretionary leave holder seeking settlement


    Business and study (22:20)

    Compliance flashes red for universities

    Three rounds of sponsor guidance updates and what the latest changes mean for employers

    High Court strikes out Home Secretary’s fraud accusations in TOEIC damages claim


    Briefings - new and updated (30:58)

    Legal aid for immigration cases: what is in scope and how to apply

    Getting Global Talent endorsements right: what separates approvals from refusals

    Briefing: the duty of refugee sea rescue in international law

    How to apply for entry clearance for victims of transnational marriage abandonment

    Age assessments: how to challenge a negative decision

    2 July 2026, 2:49 pm
  • 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
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