No refunds for EU settled status applications

A new list of fees for immigration and nationality applications comes into effect from 8 October. None of the existing fees have actually changed since April; the Home Office is just adding the charges for Appendix EU “settled status” app ...

20th September 2018 By

Migration Advisory Committee: scrap the cap on Tier 2 work visas after Brexit

The Migration Advisory Committee (MAC) has published its long-awaited research into migration from the EU and how it should be managed after Brexit. The report will disappoint advocates of a fairly liberal regime, recommending as it does that if there ...

18th September 2018 By

British immigration lawyers launch crowdfunding campaign to support Athens refugee clinic

Refugee Legal Support – Athens, a charitable project that sends volunteer immigration lawyers to Greece to give legal advice to refugees, has launched a crowdfunding campaign to fund its work. The project was set up last year with an initial gra ...

17th September 2018 By

Labour calls for “flexible” work visa system

Shadow Home Secretary Diane Abbott delivered a speech today on what Labour in government would do about immigration. It doesn’t do to get too excited about these pronouncements, because Labour is not in government, but here is a link to the full ...

13th September 2018 By

Latest immigration stats: Home Office now loses most appeals

This is a collection of statistics on the UK immigration system. The Office for National Statistics, Home Office and Courts & Tribunals Service publish regular quarterly data on the number of migrants coming to the UK, how immigration applications ...

13th September 2018 By

Refugee children to be granted “Calais leave”

The government has announced a new type of permission to remain in the UK for children resettled from the Calais refugee camp last year who would not otherwise qualify for asylum. So-called “Calais leave” will allow children brought over f ...

13th September 2018 By

Migration Advisory Committee recommends “tweaks” to Tier 4 student visa rules

Immigration lawyers helping sponsoring universities navigate the complexities of the Points Based System naturally have an economic interest in overseas students — but then so does the rest of the nation. That is the uncompromising conclusion of ...

11th September 2018 By

EU law can be used to challenge employment restrictions imposed during deportation proceedings

In May, Nick wrote about the important High Court decision in R (Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin), which threw a spanner in the works of the Home Office’s policy of automatic detention of foreign ...

11th September 2018 By

Fixing refugee family reunion system not a Home Office priority, inspector says

The government’s immigration inspector, like the rest of us, is a little fed up with Home Office spin. David Bolt published the results of an re-inspection of the refugee family reunion process today with the acid comment: Predictably, the Home ...

5th September 2018 By

Home Office reviewing decisions in all immigration appeals over 20 weeks old

Browsing LinkedIn the other day I came across this post by Jacqueline Victor-Mazeli, a barrister at Law Lane Chambers: Appeal hearings [at the First-tier Tribunal] are presently taking place an average of 12 months after decision. The passage of time ...

4th September 2018 By

Summer comes to an end with downpour of immigration research

There have been a quite a few reports, briefings and pieces of research on immigration released in the past week — too many to cover in the weekly newsletter, as I had intended. It is very much back-to-work reading rather than anything for the b ...

31st August 2018 By

EU citizens’ rights ignored in first batch of government “no deal” plans

The UK government has published a series of papers on what a “no deal Brexit” would look like but the crucial issue of EU citizens’ rights is not covered in the first batch. Earlier today the Brexit Secretary, Dominic Raab, launched ...

23rd August 2018 By

Home Office asks immigration lawyers for Windrush “lessons learned” as Javid apologises to victims

Immigration lawyers are among the groups being asked by the Home Office to submit evidence about what caused the Windrush scandal and what would prevent a repeat. In a “lessons learned” call for evidence issued on 20 August, the departm ...

22nd August 2018 By

When does bad immigration advice affect a human rights appeal?

We’ve three new Upper Tribunal decisions for you this week. Alex has written up one of them already and will cover another later in the week, lest readers be overwhelmed with too much excitement in one day. The third new case is called Mansur ...

21st August 2018 By

As easy as ABC: settled status applications from EU citizens may be processed alphabetically

The EU Settlement Scheme for registering Europeans who want to stay legally in the UK after Brexit will sign people up alphabetically, according to a news report today. “Multiple sources” have told the website Business Insider that under a ...

15th August 2018 By

Court of Justice ruling on the Returns Directive: English-language version out

A June decision by the Court of Justice of the European Union in case C‑181/16 Gnandi is now available in English. I am not sure whether it is of huge relevance to UK-based practitioners, as it concerns the Returns Directive, which does not apply i ...

9th August 2018 By

Home Office concedes that Irish citizens are settled in the UK

The Home Office has confirmed that Irish citizens living in the UK are considered “settled” for the purposes of immigration law. The department said that officials in individual cases who had denied that Irish citizens were settled as soon ...

8th August 2018 By

Court of Appeal reviews law on deportation cases involving EU derived rights of residence

Secretary of State for the Home Department v Robinson (Jamaica) [2018] EWCA Civ 85 was a deportation appeal decided earlier in the year. Unusually for an appeal judgment, we didn’t discuss it on Free Movement at the time. But Adam Pipe of No.8 ...

3rd August 2018 By

New guidance on costs awards against the Home Office could transform immigration appeals

In a highly significant development, the President of the First-tier Tribunal has issued a new guidance note on how migrants who win an appeal against the Home Office can seek legal costs from the department. The guidance envisages costs awards for & ...

1st August 2018 By

Home Office “misled” judge over Calais children, Court of Appeal finds

The Home Office has been found in serious breach of its duty to the court after submitting misleading evidence about how it handled the rescue of refugee children from the demolished Calais “jungle” camp. The judgment in R (Citizens UK) v ...

31st July 2018 By

Amended Home Office guidance on human rights appeals

Practitioners not au fait with February’s decision in Charles (human rights appeal: scope) Grenada [2018] UKUT 89 (IAC) may want to take a quick glance over it. The Home Office guidance on appeal rights has just been updated to include a page o ...

31st July 2018 By

Supreme Court delays decision in decades-old refugee resettlement saga

What’s another few months when you’ve been waiting two decades? For the past 20 years, a group of Iraqi and Syrian Kurds have been marooned on a British military base in Cyprus, recognised as refugees but denied settlement in the UK. In R ...

31st July 2018 By

Shaw Review 2.0: follow-up report on detention of vulnerable migrants published

Today the government published a follow-up report by Stephen Shaw on its progress in implementing his 2016 recommendations on detaining vulnerable people. The Home Secretary, Sajid Javid, also announced a series of reforms including a pilot of mandat ...

24th July 2018 By

New statement of changes to the Immigration Rules: CM 9675

I couldn’t bring myself to spend a sunny weekend poring over the statement of changes to the Immigration Rules that landed on Friday afternoon, so here is a belated catch-up. In fact the changes are not the usual tinkering but the insertion of a ...

24th July 2018 By

Migrants detained indefinitely or made homeless by new immigration bail system

Homeless migrants are being kept in detention centres indefinitely because the Home Office is no longer finding them a place to live after release. The department’s refusal or inability to provide accommodation under a new immigration bail syst ...

23rd July 2018 By

Interview: Gabriella Bettiga on exceptional circumstances applications

The Immigration Rules provide that somebody who wishes to stay in the UK on the basis of their family ties but does not otherwise meet the requirements of Appendix FM can argue that there are “exceptional circumstances”. Paragraph GEN.3.2 ...

20th July 2018 By

Family court proceedings and immigration decisions

In two recently decided cases, the High Court looked at the relationship between immigration matters and proceedings in the family court. That is about as far as it goes in terms of a unifying theme, if I’m honest: the uncontroversial propositio ...

19th July 2018 By

Campaigners publish legal analysis of EU Settlement Scheme

Campaign group the3million, which lobbies for the rights of EU citizens in the UK after Brexit, has published a legal analysis of the settlement scheme those citizens will soon have to apply for. The group says that the government’s proposal, as ...

17th July 2018 By

Big fall in the number of EU workers coming to the UK as Brexit bites

The number of EU workers allocated a National Insurance number in the UK fell by over a fifth last year, new figures from the Office for National Statistics show. The data, which also shows a large fall in the number of EU citizens coming to look for ...

16th July 2018 By

Legal aid for lone children restored as migrants’ right to strike confirmed in Rules

Perhaps it’s the Donald Trump effect? The government yesterday announced two policy changes that should benefit migrants in the UK, just as the famously anti-immigrant reality TV host President of the United States was landing at Stansted airpor ...

13th July 2018 By

Prisons inspector slams “unacceptable” Home Office inaction on detention centres

The chief inspector of prisons has attacked the Home Office for its “unacceptable” failure to respond to his reports on immigration detention centres. Peter Clarke, writing in the annual report of HM Inspectorate of Prisons, said that only ...

12th July 2018 By

What the Brexit White Paper says about immigration

Two years after the referendum vote to leave the European Union, the government has published a White Paper describing what it wants from the future relationship between the UK and EU. The 100-page document includes some references to the future of im ...

12th July 2018 By

Javid: free movement could be replaced with “labour mobility” for executives

The right of free movement for EU migrants could be replaced with something more like the arrangements making travel easier for Canadian business people, the Home Secretary has said. Sajid Javid told the Home Affairs committee of MPs today that free m ...

10th July 2018 By

Refusing citizenship for historic evasion of immigration control confirmed as lawful

A quick note on an unsuccessful challenge to a good character naturalisation refusal. The claimant sought to argue that the policy of refusing citizenship on the ground of bad character where the person had broken immigration laws in the preceding dec ...

6th July 2018 By

JUSTICE report recommends 49 changes in immigration and asylum appeals

The human rights and law reform organisation JUSTICE has launched a new report on the immigration asylum appeals system, saying that the tribunals have “become relatively complex and slow in parts of their operation, and overburdened by paper an ...

3rd July 2018 By

Duncan Lewis seeks feedback from legal aid firms affected by backdating rules

Duncan Lewis Solicitors wants help from legal aid firms in its challenge to Legal Aid Agency rules that prevent solicitors from claiming for emergency work carried out before legal aid is formally granted. The Legal Aid Agency’s position is tha ...

29th June 2018 By

Immigration minister reveals first results of paragraph 322(5) investigation

The first phase of a Home Office investigation into migrants being refused settlement because of tax discrepancies shows that the refusals were “correct”, the immigration minister said today. In a letter to the Home Affairs committee, publ ...

28th June 2018 By

Data protection damages for Iranian asylum seekers confirmed

What should the repercussions be if the Home Office accidentally splashes the personal details of asylum seekers all over the internet? If your answer is “compensation”, congratulations: you are at one with the Court of Appeal. The case is ...

27th June 2018 By

Refugee Legal Support is recruiting a Greek asylum lawyer

Refugee Legal Support: Athens, a group of British immigration lawyers that runs a pro bono legal clinic for refugees in Greece, is looking to hire a local lawyer to help with the project. The position is a temporary, three-month stint based in Athens ...

26th June 2018 By

Settled status scheme slowly taking shape as ministers reveal new details

Ministers released further information today on the settled status registration scheme for EU citizens living the UK after Brexit. Many of the headline announcements cover familiar ground, but there is now a 40-page statement of intent on the EU Sett ...

21st June 2018 By
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