Immigration inspector: Home Office lacks a clue on illegal working

Government attempts to tackle illegal working are halting, aimless and ill-adapted to the post-Windrush dispensation, an independent inspection report has found. David Bolt’s latest report says that “the Home Office’s efforts are not rea ...

10th May 2019 By

Home Office increases spending on child asylum seekers

The Home Office has announced that councils will get more money to care for children who arrive in the UK alone to seek asylum. Councils used to get between £71 and £114 per child per day, depending on the age of the child and when they arrived in t ...

9th May 2019 By

Former submarine commander is new immigration advice regulator

The government has announced that a new immigration regulation chief will take office later this year, filling a post left vacant since 2015. John Tuckett, a former submarine commander now in charge of the Marine Management Organisation, will become I ...

3rd May 2019 By

Praise for EU settled status scheme following review of pilot phase

The immigration inspector has praised the Home Office for its work on the EU Settlement Scheme for European citizens applying to stay in the UK after Brexit. A new report by the Independent Chief Inspector of Borders and Immigration says that the depa ...

2nd May 2019 By

Law Commission extends consultation on simplifying Immigration Rules to 3 May

The Law Commission has extended the deadline for responses to its consultation on simplifying the Immigration Rules to 3 May 2019. It had been due to close on 26 April. The influential law reform body has proposed major revisions to how the Immigratio ...

30th April 2019 By

Three convicted at Old Bailey as OISC smashes sham supervision scheme

Three immigration lawyers have been convicted of a host of regulatory offences after raking in millions from incompetent and unsupervised immigration advice. Dan Romulus Dandes, Babbar Ali Jamil and Zia Bi were found guilty of 19 offences of providing ...

26th April 2019 By

Video link appeals not a breach of GDPR, tribunal says

The Upper Tribunal has ruled that holding immigration appeals over video link does not breach European data protection laws. The case is CJ (international video-link hearing: data protection) Jamaica [2019] UKUT 126 (IAC). The appellant, CJ (no relati ...

25th April 2019 By

Visa inefficiencies denting London’s international arbitration reputation

The UK’s inefficient visa system is hurting the country’s reputation as a venue for high-end dispute resolution, according to a legal consultancy. Hook Tangaza says that it has seen “numerous examples” of foreign lawyers being ...

23rd April 2019 By

“Hamid” disciplinary hearings in the High Court

In the short but landmark judgment of R (Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin), the High Court affirmed that it has the power to oversee the conduct of lawyers in immigration cases. Judges have regularly used the ...

23rd April 2019 By

Temporary relief for trafficking victims as High Court extends support payments

We’ve been scooped on this one by The Sun, of all places. As every lefty lawyer’s favourite paper reports, a judge has temporarily abolished the 45-day limit on help for trafficking victims pending a further hearing. Victims of human traff ...

18th April 2019 By

Turkish man who threatened to burn himself alive fails to overturn deportation order

On 11 February 2003, a Turkish man who had been refused asylum in the UK staged a protest at Manchester Airport, burning immigration papers before dousing himself, his wife and their daughter with petrol and threatening to light a match. Thankfully, t ...

16th April 2019 By

“Torrent of time-wasting nonsense”: tribunal sends immigration adviser for OISC investigation

The Upper Tribunal has referred an immigration adviser to the Office of the Immigration Services Commissioner (OISC), accusing him of running judicial review cases without a licence and failing to properly check expert reports. The case is R (Hoxha &a ...

15th April 2019 By

ITV sting solicitor struck off over sham marriage advice

An East London immigration lawyer has been struck off after being caught on camera advising a client about a sham marriage. The Solicitors Disciplinary Tribunal imposed its ultimate sanction on Zulfiqar Ali, who practised as ZA Solicitors in Stratford ...

12th April 2019 By

Migrants can be deported as “persistent offenders” even if crime-free for years

The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he or she has not committed a crime for some time. The case is Binbuga (Turkey) v Secretary of State f ...

8th April 2019 By

Government criticised for foot-dragging over harsh child citizenship policy

The immigration inspector has criticised the Home Office for its delay in updating its policy on refusing British citizenship to children because they are not of “good character”. David Bolt’s report, published on 4 April 2019 along ...

8th April 2019 By

The Home Office wants to reduce the number of overseas entrepreneurs given UK visas

The Home Office has said that it expects to grant fewer visas to overseas entrepreneurs under the new innovator and start-up routes than under the schemes they replace. An official from the Economic Migration Policy Team admits that the department is ...

5th April 2019 By

Immigration and nationality fees lack “basic fairness”

Consistently the most popular article on Free Movement, somewhat depressingly, is the list of immigration and nationality fees. The fees charged by the Home Office for processing visa, settlement and nationality applications are high, set far above th ...

4th April 2019 By

Scottish immigration appeal incorrectly lodged in England, nobody notices for four years

It is a good thing KP (Pakistan) & Anor v The Secretary of State for the Home Department [2019] EWCA Civ 556 was handed down on 2 April rather than a day earlier, or I would have had the unenviable task of approaching the Court of Appeal to ask wh ...

4th April 2019 By

Early warning signs for new innovator visa route as endorsements hard to come by

The government’s flagship new visa for overseas entrepreneurs is facing early problems as it emerges that few of the organisations required to endorse applicants are prepared to do so. Most of the official endorsing bodies for the newly launched ...

4th April 2019 By

New statement of changes to the Immigration Rules: HC 2099

A new statement of changes to the Immigration Rules was laid on 1 April 2019. It is short and technical, making a few tweaks to the rules for EU settled status. The main thing it addresses is the cut-off date by which EU citizens must be living in the ...

2nd April 2019 By

Appendix W guidance published

I mentioned on Friday the rumours that there would be no detailed guidance on the new Appendix W, which contains the criteria for getting an innovator or start-up visa. Practitioners may be happy to know that we were wrong about that: there are now 32 ...

1st April 2019 By

New innovator and start-up visas launch today — but is anybody ready?

The new innovator and start-up visas went live today. They replace the Tier 1 (Entrepreneur) route which is now closed to new applicants, and the Tier 1 (Graduate Entrepreneur) route which will close from 6 July. All applicants for these visas must no ...

29th March 2019 By

Brexit delayed: what does it mean for lawyers?

The United Kingdom is not now leaving the European Union at 11pm on 29 March 2019. Brexit fans can rest assured that the game is still afoot: it will just take place on 12 April, or 22 May, or some future date giving time for a Norway-style single mar ...

29th March 2019 By

Home Office launches seven new appointment centres for complex cases

The Home Office has announced that seven Service and Support Centres are now open to cater for particularly complex immigration cases. Appointments are free, and “experienced UKVI staff will provide a face to face service and help people through ...

27th March 2019 By

Gay men from St Lucia can claim asylum in the UK

The Upper Tribunal has decided that gay men are at risk of persecution in St Lucia and can claim asylum in the UK. The case is TK (gay man) [2019] UKUT 92 (IAC). The headnote reads: On the evidence adduced to this Tribunal, the appellant, as an openly ...

25th March 2019 By

Making it harder for Turkish citizens to settle in the UK is for their own good, judge says

In March 2018, the Home Office stunned the Turkish community by abolishing the route to settlement in the UK that had existed under the Ankara Agreement. It did issue replacement rules for Turkish businesspeople to get indefinite leave to remain a few ...

21st March 2019 By

PhD-level jobs to be exempt from work visa quota

The government has announced some changes to the immigration system to give the impression that the UK is a welcoming and functioning country despite the ongoing chaos of Brexit. Chancellor Philip Hammond, giving a Spring Statement economic speech yes ...

14th March 2019 By

Not unfair to deny appellants’ parents an interpreter at appeal hearing

KK (India) v Secretary of State for the Home Department [2019] EWCA Civ 369 was an appeal against removal from the UK based on Article 8 of the European Convention on Human Rights. The appellant argued that the Home Office had not given sufficient con ...

14th March 2019 By

How new immigration regulations will make it easier to deport EU citizens after Brexit

The draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019, laid before Parliament on 11 February, make major changes to the law on deportation of European Economic Area and Turkish citizens after Brexit. They will kick in on the date of ...

13th March 2019 By

No, a visa application sent by post is not an “online application”, sighs judge

A visa application form filled in on a computer, printed off and posted to the Home Office is not an “online application”. That is probably no surprise to anyone but the appellant in R (Shah) v Secretary of State for the Home Department [2 ...

13th March 2019 By

Irish citizens cannot get early release from prison via deportation

A deportation case with a twist: R (Foley) v Secretary of State for the Home Department [2019] EWHC 488 (Admin) involved an Irish citizen who requested deportation but was denied it. Fans of the genre may recall the Connell case that we covered on th ...

12th March 2019 By

EU law “extended family members” get appeal rights under new regulations

This is significant: the Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019. The most important of the changes are to give non-EU extended family members of EU citizens a right of appeal against refusal of a family permit or res ...

8th March 2019 By

Asylum claim by confirmed human trafficking victim “clearly unfounded”

TT (Vietnam) v Secretary of State for the Home Department [2019] EWCA Civ 248 is a human trafficking appeal. The Home Office accepted that TT was a victim of trafficking but nonetheless sought to deport him. Lord Justice Davis held that it is possibl ...

6th March 2019 By

Home Office softens EU settled status requirements after charity’s legal action

The Joint Council for the Welfare of Immigrants (JCWI) has settled its legal action with the government over the EU Settlement Scheme following changes to the system. The revisions address concerns that the detailed rules for the scheme would allow th ...

6th March 2019 By

Attempt to deport EU citizen who came to UK aged six thwarted by Court of Appeal

Luis Lopes came to the UK aged 6. As a teenager, he pleaded guilty to wounding with intent to cause grievous bodily harm and unlawful wounding, receiving four years’ youth detention. The Home Office wanted to deport him. The First-tier Tribunal ...

4th March 2019 By

Chief disciplinary judge calls in regulators over shambolic immigration litigation

The High Court has called in the Solicitors Regulation Authority and the Director of Public Prosecutions over the conduct of a shambolic citizenship case. The judgment is Jetly & Anor v Secretary of State for the Home Department [2019] E ...

27th February 2019 By

Asylum judges can second-guess Sri Lanka country guidance

I will confess to overlooking this case initially. After all, Sir Stephen Richards introduces his judgment in KK (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 172 by saying “the issue is a narrow one, turning on the ...

26th February 2019 By

Roughly half of all illegal working fines appealed or evaded

The government has collected less than half the fines issued to employers for hiring undocumented migrants over the past five years, according to a Free Movement estimate using data released under the Freedom of Information Act. The value of illegal w ...

21st February 2019 By

Court of Appeal forced to re-open “plainly wrong” asylum decision three years on

illogical and inconsistent… plainly in error… plainly wrong… tenuous and unsubstantiated… failed to provide any reasoning… there is a basic minimum which is needed and, with respect to the Judge, it is lacking in this ...

18th February 2019 By

Forced marriage amendment to Immigration Rules coming up

The government’s Integrated Communities Action Plan, published on 9 February, is worth a quick look. It is naturally enough published by the department with “Communities” in its name but in fact a lot of the proposed actions are for ...

15th February 2019 By