The second part of a challenge to the family reunion rules that exclude child refugees from bringing their family to the UK has been dismissed by the High Court. The case is R (DM) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2024]...
As I predicted earlier today, the Lord Chancellor has today laid The Tribunal Procedure (Upper Tribunal) (Immigration and Asylum Chamber) (Amendment) Rules 2024 before Parliament. Ominously, these rules are to come into force “immediately after the coming into force of section 2 (duty to make arrangements for removal) of the...
In Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 the Court of Appeal has said that paragraph 322(1A) of the immigration rules (mandatory ground for refusal where false representations are used) applies to an application which has been varied by a later application in which...
Successful applicants under Appendix VDA are granted ‘settlement’, otherwise known as ‘indefinite leave to remain’ (or ‘indefinite leave to enter’ in cases of transnational marriage abandonment). VDA applications are not considered ‘human rights claims’ and do not carry a right of appeal. Instead, the applicant only has a right to...
In what is a day of enormous shame for any right thinking person in this country, the UK’s treaty with Rwanda has today been ratified which means that the Safety of Rwanda (Asylum and Immigration Act) 2024 which received Royal Assent today is now in force. On 22 January 2024...
As indicated in the recent consultation response, the Office of the Immigration Services Commissioner (OISC) has now published the new code of standards. It is a criminal offence to give immigration advice unless you are properly regulated and for those who are not practicing solicitors, barristers or Chartered Legal Executives, that usually...
Presumably because everything is going so well with the Illegal Migration Act 2023 and the Rwanda Bill, it appears that the government is setting its sights back on the Nationality and Borders Act 2022, in particular the provisions not yet in force around priority removal notices and accelerated detained appeals....
The backlog of cases in the inadmissibility process was in the news again last week following senior Home Officials’ evidence session at the Public Accounts Committee on Monday. This article looks at legal arguments that can be made in relation to the Home Office’s delay in making admissibility decisions for...
Welcome to the weekly Free Movement newsletter! “Election vanity scam” (as coined by someone who seemingly works for the Home Office) is probably the most accurate description of the Rwanda plan at this point. As I have said before, best case scenario for the government surely has to be that any...
During judicial review proceedings it has been disclosed that around 80 children were evacuated from Afghanistan and separated from their families and a new route is to be put in place to facilitate the reunion of these families shortly. The case is R (HR & Ors) v Secretary of State...
The Appendix FM minimum income requirements for spouse and partner visas can catch out even those with enough money to meet them. Having the money only takes you so far: the income must come from a specific source, must be calculated in a certain way, and specified evidence must be...
In other posts we have looked at the requirements to be satisfied by a spouse or partner who seek leave to enter or remain. Under Appendix FM, the sponsor can be a British citizen, a settled person, a refugee, or someone with humanitarian protection, limited leave under Appendix EU, Appendix...
Spouses and partners of British citizens or people settled in the UK can apply for a visa to join or remain with their loved ones. These applications are dealt with by the Home Office under the immigration rules. Specifically, the part of the rules that applicants need to navigate are...
If a European national receives a criminal conviction arising from conduct which took place before the Brexit cut-off date, how can they rely on those previous EU rules in an appeal against deportation? The question is important because of the very large difference in the protections afforded by the previous...
The Court of Appeal has told the Ministry of Defence that they must reconsider whether an Afghan former Supreme Court judge is eligible for resettlement to the UK under the Afghan Relocations and Assistance Policy (ARAP). This was following an unsuccessful appeal by the Home Secretary and the Defence Secretary...
In recent months two cohorts of young people, those granted ‘Calais leave’ and those granted leave under section 67 of the Immigration Act 2016, have begun to reach the end of five years’ limited leave to remain. The immigration rules currently provide a route to either further limited leave or...
This article explains how to make a successful change of conditions application where a person needs to lift the no recourse to public funds restriction (NRPF) from their grant of leave. This article is written for applicants as well as for the lawyers and advisors who may be assisting in...
On 14 March 2024 the government published its latest statement of changes to the immigration rules, which included changes to a number of UK immigration categories. The most significant changes were to implement the plans laid out by the Home Secretary in December. These include raising the minimum income requirements...
This week the Sentencing Council published new draft sentencing guidelines for immigration offences within the Immigration Act 1971 and Identity Documents Act 2010. This includes offences expanded by the Nationality and Borders Act 2022. Previously, there had been no formal guidelines for these offences. The draft guidelines have been published...
There was a notable omissions from last year’s immigration application fee increase, namely limited leave to remain applications (i.e. under Appendix FM). The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 will bring in increases to those applications from 24 July 2024 and several others, including some that were increased...
On 11 March 2024, the President and Vice-President of the Upper Tribunal (Immigration and Asylum Chamber) handed down their decision in R (Mark Nelson) v Secretary of State for the Home Department (JR-2023-001472), the first challenge to the Home Secretary’s policy of requiring people on immigration bail to be monitored...
As previously advised, today a statement of changes and explanatory memorandum to the immigration rules was published to bring in the income threshold increases for both skilled worker and Appendix FM partner routes. The immigration minister made a statement summarising the changes relating to the skilled worker, Appendix FM partner,...
Home Training OISC Level 1 training Our entry-level OISC Level 1 immigration law training courses are ideal for aspiring advisers seeking accreditation and for other budding immigration lawyers. We cover everything you need to know to get started in immigration law and get accredited with the OISC: how immigration law...
Your February roundup is here as promised. Colin and I discuss Shamima Begum’s latest appeal, the pause on some asylum cases, a run of decisions involving poor conduct on the part of either the Tribunals or the Home Office, as well as corporate transactions, the sudden closure of the Ukraine...
A guidance change made in July 2023 is affecting the ability of the new-born babies of refugees to obtain refugee status. This is an issue that affects a limited group of people, namely those who have been granted refugee leave for five years, and have a child born in the...
This month Sonia and Colin cover Shamima Begum’s latest appeal, the pause on some asylum cases, a run of decisions involving poor conduct on the part of either the Tribunals or the Home Office, as well as corporate transactions, the sudden closure of the Ukraine Family scheme and much more....
Welcome to the weekly Free Movement newsletter! It was Frantic Maths Day on Thursday and while in the midst of it all I went to look at my write up of the last statistics release from November last year. It was quite a jolt to see that I had written there that two people had...
A few days before the two-year anniversary of the full-scale invasion of Ukraine, the UK government announced a series of sweeping changes to the Ukraine schemes, giving just four hours’ notice of their implementation. Among the most significant changes are the closure of the Ukraine Family Scheme, and a new...
Colin and I have rounded up January 2024. We cover the government’s claims to have cleared the ‘legacy’ asylum backlog and look at the three backlogs that have replaced it. We discuss the latest in an increasingly long list of cases in which the Home Office has behaved poorly. Also...
This month Sonia and Colin cover the government’s claims to have cleared the ‘legacy’ asylum backlog and look at the three backlogs that have replaced it. They discuss gender-based asylum claims, the new rules for business visitors and care homes who have lost and managed to keep their sponsor licences....
In the latest case challenging a decision made under the Afghan Relocation and Assistance Policy, the High Court has quashed the refusal decision on the basis that it was not supported by the evidence that had been provided in support of the application. The case is R (MA) v Secretary...
As trailed previously, a statement of changes has been published today removing the rights of care workers to bring dependants to the UK. What was not mentioned in advance was that this statement of changes would also close the Ukraine Family Scheme with immediate effect (from 3pm 19 February 2024),...
Since 31 January 2024, victims of transnational marriage abandonment can apply for a visa to return to the UK. This follows the landmark case of R on the application of AM v Secretary of State for the Home Department [2022] EWHC 2591 (Admin). This post looks at how to make an...
The Home Office has made changes to the Destitute Domestic Violence Concession by publishing new guidance and a new application form today. There is a new acronym for practitioners to learn as the concession has been re-branded as the Migrant Victims of Domestic Abuse Concession (MVDAC). The big change is...
Domestic violence is a serious infringement of someone’s rights. While most often perpetrated against women, it can affect people from any background and part of society. Migrants can be particularly vulnerable and unwilling to seek help because of their precarious status in the UK. This article looks at in country...
Welcome to the weekly Free Movement newsletter! I was pleased to see one of the three new asylum backlogs get some media coverage at the weekend. I have been baffled as to why the government created this situation ever since the Illegal Migration Act was first published in July last year. Essentially, they seem to have...
Naturalisation is the legal process by which a non-British adult becomes a British citizen. An application has to be made to the Home Office and if the criteria set out in the British Nationality Act 1981 are met then the application will be granted and the person can attend a...
