Supreme Court overturns expansion of benefits rights for EU citizens

The Supreme Court has overturned last year’s ruling that EU citizens with pre-settled status should be able to claim Universal Credit without having to jump through hoops. The case is Fratila and another v Secretary of State for Work and Pension ...

1st December 2021 By

Inspector reveals broken promises on free visa appointments

The immigration inspector has welcomed an increase in free appointments at visa centres in the UK following a report showing that they have been consistently unavailable. David Neal found that Home Office attempts to keep appointments free despite out ...

30th November 2021 By

Record number of Global Talent visas awarded

Record numbers of people have been getting their hands on a Global Talent visa in recent months. Almost 700 were issued in the third quarter of 2021 alone, excluding dependants — more than the annual total in many previous years. Brexit can skew ...

25th November 2021 By

Highest number of asylum applications since 2003

Over 17,000 people applied for asylum in the UK between July and September, the highest quarterly total since 2003, new Home Office figures show. Year on year, there has been an 11% rise in applications to 44,000 in the 12 months to the end of Septemb ...

25th November 2021 By

Home Office able to remove just five Channel boat people since Brexit

Only five people who arrived in the UK by small boat have been sent back to a European country so far this year, according to the Home Office. The figure comes from junior minister Tom Pursglove, who told MPs on the Home Affairs committee that, thanks ...

17th November 2021 By

Ethical decision-making

Soul-searching in a large bureaucracy often manifests in well-meaning paperwork. So it is that the Home Office has published an ethical decision-making model. The document is intended to help staff grappling with difficult moral choices in the course ...

16th November 2021 By

Liars can still be genuine trafficking victims

Some important points on inconsistency and credibility in trafficking cases from David Lock QC, sitting as a deputy High Court judge: The expert evidence in this case from Mr Steve Harvey, who has long experience in the police and in Europol in traffi ...

12th November 2021 By

Immigration Enforcement to decide human trafficking claims

Immigration Enforcement has been given the power to decide whether or not someone is a victim of human trafficking. An update to the Modern Slavery guidance, published on 8 November, includes an “Immigration Enforcement Competent Authority” ...

10th November 2021 By

Court of Appeal declines to re-open MY (Pakistan) human rights ruling

The Court of Appeal has added a rider to last month’s decision in MY (Pakistan). On 15 October, the court held that the Home Office can refuse to engage with human rights claims bolted on to normal immigration applications, which is bad news for ...

5th November 2021 By

Shamima Begum case to take at least another year

The next round of Shamima Begum’s appeal against losing her British citizenship will take place in November 2022. Then-Home Secretary Sajid Javid made an order depriving Ms Begum of her British citizenship in February 2019. An appeal arguing tha ...

2nd November 2021 By

New statement of changes to the Immigration Rules: HC 803 (pork butchers)

The latest statement of changes to the Immigration Rules (HC 803) allows pork butchers to come into the UK as Seasonal Workers for up to six months. It came into force at 4pm on 1 November 2021. The government announced last month that 800 temporary v ...

2nd November 2021 By

Podcast: how do you prove you’re a gay refugee?

People being persecuted on account of their sexual orientation can seek asylum in the UK, but face having to convince the Home Office that they are in fact lesbian, gay or bisexual. While asylum seekers are no longer quizzed about Oscar Wilde, more su ...

29th October 2021 By

Challenge to automatic British citizenship for Northern Irish people thrown out

In Re Ní Chuinneagain [2021] NIQB 79 the High Court in Northern Ireland has thrown out a challenge to automatic British citizenship for people who reject it. The claimant is from Belfast and regards herself as 100% Irish, from passport to first langu ...

27th October 2021 By

Early settlement concession for young people living half their lives in the UK

Some young people born or brought up in the UK without immigration status can now apply for settlement after five years rather than ten. The change in policy comes in a new and very welcome Home Office concession, published yesterday. What follows is ...

26th October 2021 By

Claiming humanitarian protection in medical treatment cases

Seriously ill migrants claiming humanitarian protection status must show that a persecutor would intentionally deprive them of medical treatment, the Upper Tribunal has confirmed. The case is NM (Art 15(b): intention requirement) Iraq [2021] UKUT 259 ...

25th October 2021 By

English courts can’t hear immigration appeals from Scotland

Immigration law is the same across the United Kingdom, but the legal systems are not. Normally that doesn’t matter. Sometimes, as in the case of Khurshid v Secretary of State for the Home Department [2021] EWCA Civ 1515, it does. Mr Khursid is i ...

20th October 2021 By

Pork butchers latest to get temporary visas

800 temporary Seasonal Worker visas will be made available to pork butchers, the government has announced. They will last for six months, with applications open until 31 December 2021. Butchers were already eligible for the mainstream Skilled Worker v ...

15th October 2021 By

Visa scheme for HGV drivers and poultry workers launched

The Home Office has published a short statement of changes to the Immigration Rules. It is to implement the emergency temporary visa schemes for HGV drivers and poultry workers and therefore comes into force at 4pm today. Employers in those sectors wi ...

11th October 2021 By

Patel pleads for time to stop Channel crossings

About half of the Home Secretary’s speech to the Conservative Party conference today was given over to immigration and asylum, but there were no new policy announcements. In fact it was, in structure, tone and content, much like last year’ ...

5th October 2021 By

New immigration concession for fuel tanker drivers

Certain foreign citizens who can drive fuel tankers can enter the UK without a visa until 15 October under a new immigration concession. The Home Office published the Concession for temporary leave to allow employment as HGV fuel drivers on Saturday 2 ...

4th October 2021 By

Immigration checks within the Common Travel Area

Immigration officials may stop people travelling from Ireland to Great Britain and ask to see their papers despite the Common Travel Area, the Home Office has confirmed. A newly updated version (10.0) of the Common Travel Area guidance says: Whilst th ...

1st October 2021 By

HGVisas: what do we know so far?

The government has announced that HGV drivers and poultry workers will be eligible for temporary visas from next month. The policy represents a shift from the firm line against “low-skilled” immigration post-Brexit. Here is what we know ab ...

27th September 2021 By

Podcast: fixing UK immigration advice

A woman went back to her husband who had previously been violent to her, and it was at least partly because she couldn’t find anyone to make her application for indefinite leave to remain under the domestic violence rules within the timescale re ...

24th September 2021 By

Home Office conceding 30% of appeals, Pres says

The Home Office is now conceding three out of every ten immigration appeals before the hearing, a senior immigration judge has said. Michael Clements, President of the First-tier Tribunal (Immigration and Asylum Chamber), puts the cheerful stat down t ...

23rd September 2021 By

Fast Track asylum appeals were not necessarily unfair, Supreme Court confirms

The fact that the Detained Fast Track asylum appeal process was systemically unfair doesn’t mean it was automatically unfair in every case decided under it, according to the Supreme Court. The case is TN (Vietnam) [2021] UKSC 41. TN is a Vietnamese ...

22nd September 2021 By

The best interests of children in Northern Irish immigration appeals

The judgment in Arturas (child’s best interests: NI appeals) Lithuania [2021] UKUT 237 (IAC) looks interesting at first, but turns out to be terrifically arcane. It is about the consequences of a failure by the Home Office to comply with its dut ...

21st September 2021 By

Afghans barred from applying for resettlement in the UK

The Home Office has put out some details on the new Afghan Citizens Resettlement Scheme (ACRS). It is highly topical but arguably irrelevant from an immigration lawyer’s point of view, because immigration law runs on applications and you cannot ...

14th September 2021 By

New statement of changes to the Immigration Rules: HC 617

On 10 September 2021 the Home Office published a statement of changes to the Immigration Rules (HC 617). It is 183 pages long and makes adjustments in quite a number of areas. Some of the main changes are: Banning entry to the UK with an ID card rathe ...

13th September 2021 By

Can children be deported from the UK?

Yes. Children can be removed from the UK as part of a family. They can, on paper, also be deported in their own right for criminal offending: the Home Secretary’s power of deportation under the Immigration Act 1971 is not limited to under-18s, a ...

8th September 2021 By

After deprivation of citizenship comes months or years in limbo

The Home Office is routinely missing its target for issuing new residence permits to people who lose their British citizenship, figures obtained under the Freedom of Information Act show. Those deprived of their citizenship for (often historic) decept ...

7th September 2021 By

How electronic travel authorisations could harden the Irish border

The Nationality and Borders Bill 2021 has lain dormant over the summer but will be taken up again once Parliament returns on 6 September. Down in the miscellaneous provisions is a requirement for people entering the UK without a visa or British/Irish ...

1st September 2021 By

Podcast: what now for Afghan refugees?

The UK’s emergency evacuation of Afghan civilians ends today, ahead of the 31 August deadline for the withdrawal of Western troops from Afghanistan. Where does that leave Afghans hoping to escape the Taliban for safety in Britain? That’s t ...

27th August 2021 By

Asylum backlog passes 70,000

The backlog of asylum cases has passed 70,000 despite a fall in the annual number of applications. Almost 71,000 asylum seekers, including dependants, were awaiting an initial decision on their claim for refugee status as of 30 June 2021, according to ...

26th August 2021 By

High Court backs law firm in dispute over £194,000 asylum bill

A costs judge has backed a leading firm of solicitors in its dispute with a former client over a £194,000 bill for work on her asylum case. The judgment is Farrer & Co LLP v Yertayeva [2021] EWHC B16 (Costs). Ms Yertayeva is a Kazakhstani busines ...

23rd August 2021 By

Deported murderer loses anonymity

Selami Cokaj describes himself on LinkedIn as “a shrewd businessman, with a killer instinct”. It is an unfortunate turn of phrase: before moving to the UK in 1997, Mr Cokaj was convicted of murder in his native Albania. His unsuccessful hu ...

18th August 2021 By

Offshore processing doesn’t stop the boats, Australian experts warn

Sending asylum seekers to have their claims processed “offshore” as a deterrent to boat arrivals doesn’t work, according to Australian experts examining their own country’s experience. A policy briefing by the Kaldor Centre at ...

17th August 2021 By

Deportation of father not “unduly harsh” on child in loving home

A Jamaican man who has been in the UK for over 20 years must be deported, the Court of Appeal has confirmed. The court held that Logan Reid, 51, had not established that his deportation would be “unduly harsh” on his teenage son, given the ...

10th August 2021 By

Good news for EU citizens making late applications for post-Brexit residence rights

EU citizens and their families who apply late to the EU Settlement Scheme will have their day-to-day rights protected while that application is considered, the Home Office has announced. The U-turn came in a press release on Friday evening, which says ...

9th August 2021 By

Help at hand for firms with no certificates of sponsorship

Some nice news for a Friday: in response to Steve Richard’s article on Wednesday drawing attention to problems with certificate of sponsorship allocations, the Home Office now seems to be offering a solution. To recap, some businesses that assig ...

6th August 2021 By

Dependent children to be treated as having made their own asylum claim

In paragraph 121 of the Supreme Court’s decision in G v G [2021] UKSC 9, decided in March 2021, Lord Stephens held: a child named as a dependant on the parent’s asylum application and who has not made a separate request for international prote ...

5th August 2021 By
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