Updates, commentary and advice on immigration and asylum law
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Immigration legal aid cuts to remain in place following major government review

A major government review of legal aid proposes no significant changes in the immigration and asylum field. Despite evidence of the impact of cuts over the past five years, and the role that legal aid would have played in preventing the Windrush scand ...

7th February 2019 By

Only private schools in the UK to be able to sponsor EU children from 2021

The government recently published information about arrangements for EU citizens who move to the UK after the UK leaves the EU in the event of a no-deal Brexit. The proposals would mean that EU (and EEA) national children who move to the UK between th ...

5th February 2019 By

Fee waiver policy: who qualifies and what does the Home Office guidance say?

Fees for immigration applications continue to increase every year. Most applications for leave to remain submitted from the UK (other than under the Points Based System) cost £1,033. In addition, applicants may need to pay an Immigration Health Surch ...

4th February 2019 By

Briefing: legal problems with the EU settled status automated residency checks

In this research piece, the Immigration Law Practitioners’ Association makes the case that the Home Office is subject to certain legal duties relating to the EU settled status automated data checks. These legal duties are: the public law duty to ...

1st February 2019 By

Probe of Home Office data sharing reveals plans for new migrant database

A new report from the independent immigration inspector shines new light on how enforcement officials get their hands on data about migrants from other government departments. David Bolt, the Independent Chief Inspector of Borders and Immigration, als ...

31st January 2019 By

Briefing: statutory considerations in human rights appeals

Migrants who would otherwise have no legal right to remain in the UK can appeal against their removal on the basis of their human rights. Usually they rely on Article 8 of the European Convention on Human Rights, which protects the right to private an ...

30th January 2019 By

Government announces plan for EU immigration if no Brexit deal

The UK government has confirmed what was suspected (and what the Home Office has hinted at in private talks): in the event of a no-deal Brexit, free movement will end on 29 March 2019. EU citizens arriving after this date face a new temporary system. ...

29th January 2019 By

The legal status of new arrivals from the EU after a no-deal Brexit

The government’s preparations for Brexit include passing a law to remove the right of free movement for EU citizens. This right is ultimately derived from the EU treaties, but is also expressed in UK legislation, notably section 7&nbs ...

29th January 2019 By

OISC immigration law regulator launches new scheme for EU settled status applications

The OISC, the regulator for immigration advisers who are not solicitors, barristers or CILEx qualified, has launched a new, light touch Brexit scheme. It will enable charities and not-for-profit organisations to qualify to give immigration advice on t ...

29th January 2019 By

Blocking deportation: seven tips for an appeal-proof tribunal judgment

The judgment in SSHD v SS (Jamaica) [2018] EWCA Civ 2817 continues a trend in which ‘foreign criminals’ who had been successful in their initial tribunal appeals against deportation have had those decisions overturned in the Court of Appeal. Free ...

28th January 2019 By

Official guidance on the good character citizenship test

The latest version of the Home Office’s Good character requirement guidance published on 14 January 2019 incorporates long-awaited new sections on children and refugees. There are also new sections on absolute and conditional discharges, detention a ...

28th January 2019 By

How to show residency when the EU settled status automated checks don’t work

The Home Office report on the second phase of its EU Settlement Scheme pilot revealed this week that nearly one in five applicants did not receive sufficient evidence of UK residence from automated checks alone. Of the 27,000 decisions issued during P ...

25th January 2019 By
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