All Articles:

Immigration minister throws settled status of EU citizens into confusion

Mass confusion following the immigration minister’s evidence (full transcript here) to the Home Affairs committee yesterday: this was a terrible appearance by Caroline Nokes @CommonsHomeAffs yesterday. Sajid Javid needs to go back as a matter o ...

31st October 2018 By

How easy is it to buy British citizenship?

To go along with the private jet and luxury yacht, the current ‘must-have’ for a discerning multi-millionaire seems to be a range of international passports. The phenomenon of citizenship by investment has emerged over the last few decades an ...

31st October 2018 By

Courts foil Home Office attempt to hamstring Surinder Singh rights

The Court of Appeal in Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 has comprehensively rejected an argument by the Home Office seeking to limit the obligation to consider “Surinder Singh” applications by exte ...

30th October 2018 By

Only 1,700 people recognised by Home Office as Zambrano carers since 2012

Figures obtained by Free Movement show that fewer than two thousand non-EU carers rely on EU law for their right to live in the UK. The relatively small number of people relying on these “derived rights of residence” raises questions about ...

29th October 2018 By

Comment: Home Secretary’s DNA testing apology is meaningless if he can’t get his department under control

The Home Secretary has published the results of a review into DNA testing at the Home Office, apologising to migrants who were told that genetic testing was compulsory for certain family visas. Sajid Javid also announced a potentially wide-ranging rev ...

26th October 2018 By

Failure to carry out proper medical assessment makes detention unlawful

This case is an unlawful detention claim based on shocking failures by the Home Office to comply with rules on how victims of torture and trafficking should be treated. In R (SW) v Secretary of State for the Home Department [2018] EWHC 2684 (Admin), t ...

25th October 2018 By

Supreme Court: bad behaviour by parent irrelevant to best interests of children

The Supreme Court has today handed down judgment in four linked cases all concerning the best interests of children who themselves face removal from the UK or whose parent faces removal from the UK. The case is likely to be referred to as KO (Nigeria) ...

24th October 2018 By

Refugee “safe return reviews” needlessly causing anxiety, statistics suggest

About 18 months ago, the Home Office announced that refugees would no longer get indefinite leave to remain automatically after being in the UK for five years. Officials are now supposed to review whether the refugee still needs the protection of the ...

23rd October 2018 By

Home Office CAN speak to your persecutor without asking you

So says the Upper Tribunal in PA (Protection claim, Respondent’s enquiries, Bias) [2018] UKUT 337 (IAC); at least if your confidentiality is preserved. Officials checked Bangladeshi police records for evidence of persecution PA, a Bangladeshi na ...

22nd October 2018 By

Court of Appeal says statelessness must be proved on balance of probabilities

In AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234, the Court of Appeal has in effect rebuffed an attempt by the UN High Commissioner for Refugees to make it easier to establish statelessness. The court ruled that the sta ...

19th October 2018 By

September 2018 immigration update podcast

Welcome to the September 2018 edition of the Free Movement immigration update podcast. We tried something a bit different this month. CJ and I ran the podcast together in a more conversational style. To keep the length reasonable we’ve focussed ...

18th October 2018 By

Tribunal President says bus drivers and brain surgeons to be treated the same

Thakrar (Cart JR; Art 8: value to community) [2018] UKUT 336 (IAC) is a rare example of a case where permission to appeal to the Upper Tribunal was only granted by a High Court judge after a Cart judicial review of the Upper Tribunal. To put it anoth ...

17th October 2018 By

Immigration and nationality law for adopted children

Immigration and nationality law as it relates to international adoption is undoubtedly complex and a topic with which only a few practitioners are familiar. There are numerically very few international adoption cases, after all. The inevitable cross o ...

17th October 2018 By

Upper Tribunal tackles the law on the parent/child relationship

In SR (subsisting parental relationship – s117B(6)) Pakistan 2018 UKUT 3345 (IAC), the Upper Tribunal examines the various pieces of law relevant to deciding whether someone who has a child in the UK should be allowed to stay here. The case is helpf ...

16th October 2018 By

A draft submission to the Windrush lessons learned review

I’ve been working on a submission to the Windrush lessons learned review. The final date for submission of evidence is 19 October 2018 and I’d urge anyone interested in immigration policy to consider putting in a response, no matter how sh ...

15th October 2018 By

New statement of changes to the Immigration Rules: HC 1534

A new statement of changes to the Immigration Rules was laid on 10 October 2018. There is some very welcome news, including more flexibility given to caseworkers on whether and when they can write to applicants to ask for missing documents. (Whether ...

12th October 2018 By

How to apply for leave to remain as a bereaved partner

This post is about what happens to a migrant who is in the UK on a partner visa if their sponsor passes away. If their partner dies before the migrant becomes settled, the last thing on their mind will be their immigration status. However, as status a ...

11th October 2018 By

Government “won’t have any idea” how many EU citizens lack immigration status after Brexit

The Home Office will have no idea how many EU residents are left undocumented by Brexit because it does not collect or release the necessary data, a leading immigration policy expert has warned. Madeleine Sumption said yesterday that the government ha ...

10th October 2018 By

Immigration tribunals lose their way in overcomplicated human rights rules

The appeal of Orhan Mendirez [2018] CSIH 65 is an interesting judgment from the Inner House in which both the Upper Tribunal and First-tier Tribunal come in for criticism. Both failed to approach their decision-making task, in an appeal focused on Art ...

9th October 2018 By

Split Court of Appeal finds that asylum seekers were unlawfully detained

Thousands of people may have been unlawfully held in immigration removal centres in recent years, the court of appeal has ruled. This opening sentence from a Guardian article the other day refers to the case of R (Hemmati & Ors) v Secretary of St ...

8th October 2018 By

Help Refugees judgment: too little, too late for Calais children?

This is the second of two Court of Appeal cases this year about whether the Home Office behaved unlawfully towards vulnerable child asylum seekers during and after the demolition of the Calais refugee camp in 2016. The first appeal, R (Citizens UK) v ...

5th October 2018 By

No second chance for work visa applicants if sponsoring company loses licence

In the case of Pathan & Anor v Secretary of State for the Home Department [2018] EWCA 2103 the Court of Appeal reminds us, once again, of the rigidity and inflexibility of the Points Based System. It is also a good reminder of the purpose and pol ...

4th October 2018 By

10 things we (might) now know about the post-Brexit immigration system

After months of uncertainty we finally have a picture emerging of what the post-Brexit immigration system will look like. We have known for some time that after we leave the EU on 29 March 2019, the plan is to enter a transition period until 31 Decemb ...

3rd October 2018 By

Javid sounds tough note on citizenship in party conference speech

Sajid Javid delivered a speech today at the Conservative party conference that is likely to generate headlines for what he had to say on immigration, integration and citizenship. Upon closer inspection, there is less substance to these pronouncements ...

2nd October 2018 By

Future immigration enforcement: will Brexit make ID cards inevitable?

The whole purpose of the hostile environment is to exert indirect immigration control over migrants through employers, landlords, banks and public services. This is seen as an alternative to direct enforcement the old fashioned way, through arrests, d ...

2nd October 2018 By

Home Office stats show immigration enforcement activity declining across the board

“The government is cracking down harder on both illegal and legal migrants.” “The government does not control immigration.” These two contrasting statements are the prevailing yet paradoxical narratives on immigration in the Un ...

1st October 2018 By