Updates, commentary, training and advice on immigration and asylum law

16 April 2024
BY Sonia Lenegan

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My name is Colin Yeo and I am a barrister, writer, campaigner and consultant specialising in immigration law. I founded Free Movement in 2007.

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On 13 March 2024, in AUS v R [2024] EWCA Crim 322, the Court of Appeal quashed the 2010 conviction of a Somali citizen who was sentenced to 12 months’ imprisonment for possession of a false identity document, contrary to s25(1) of the Identity Cards Act 2006. The applicant was...

9th April 2024
BY Colin Gregory

Closing date Friday 26 April 17:00 About OTB Legal OTB Legal are a specialist UK immigration Law Firm, recognised by the Legal 500 and Chambers and Partners. At our core, we defy the conventional cliché of Solicitors. Our commitment lies in transforming complex immigration laws into simple solutions with the...

9th April 2024
BY Free Movement

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...

8th April 2024
BY Nick Nason

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...

5th April 2024
BY Sonia Lenegan

It is ten years since I launched Free Movement membership. In that decade, I’ve strived to offer exceptional resources at great value. I’ve increased the cost just once, in 2022. Two years later, it is time for another increase. The new prices will take effect for all renewed subscriptions and...

4th April 2024
BY Colin Yeo

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...

4th April 2024
BY Daniel Rourke

CLOSING DATE:  25 April 2024 JOB TITLE: Children and Young People’s Asylum Solicitor/ Caseworker   LOCATION: Asylum Aid Office (London) RESPONSIBLE TO: Immigration Supervisor   CONTRACT: Permanent, full time (37.5 hours) – part-time working considered (minimum 30 hours per week) SALARY: £34,000 p.a. (pro rata if part time) BENEFITS: 27 days holiday plus 4% matched […] ...

4th April 2024
BY Free Movement

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...

3rd April 2024
BY Caz Hattam

The High Court has dismissed a judicial review raised by an Albanian national challenging a negative reasonable grounds (first stage) decision in his trafficking claim, finding that his employer did not have the intention to exploit him at the point of recruitment. The case is R (MT) v Secretary of...

2nd April 2024
BY Francesca Sella

As reported last week, the Irish High Court has held that the decision to put the UK on the list of safe third countries to return people seeking asylum to has been held unlawful. The case is A & anor v The Minister for Justice, Ireland and the Attorney General...

28th March 2024
BY Sonia Lenegan

The Independent Chief Inspector of Borders and Immigration’s report An inspection of the immigration system as it relates to the social care sector’ has been published and has identified some serious shortcomings in the sponsor licence process for the sector, while noting that the Home Office has started putting systems...

28th March 2024
BY Sonia Lenegan

The High Court has heard three Hamid referrals, two of which concerned asylum cases and one of those resulted in a referral to the Solicitors Regulation Authority. Given the professional implications, any practitioner reading this should already be well aware of the Hamid jurisdiction, which is essentially a disciplinary process...

27th March 2024
BY Sonia Lenegan

The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of the Brexit transition period cannot benefit from the EU Settlement Scheme or the EU Withdrawal Agreement. The decision is Siddiqa v Entry Clearance Officer [2024]...

26th March 2024
BY Iain Halliday

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...

25th March 2024
BY Ross Kennedy

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...

22nd March 2024
BY Victoria Taylor

Closing Date: 2nd April 2024 Vacancy for a full-time paralegal Wesley Gryk Solicitors LLP is a niche private immigration and nationality practice, rated Band 1 by both Chambers and Partners and the Legal 500. We are seeking to appoint a paralegal to support the solicitors at the firm with their...

21st March 2024
BY Free Movement

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...

21st March 2024
BY Sonia Lenegan

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