Upper Tribunal time limits: clock starts to run when written decisions are *sent*

Yet another procedural change to update you on. This one took effect on 14 May 2018 and is about the time limit for appeals to the Upper Tribunal. Basically the clock starts ticking on the date that written reasons are sent out — not the date on ...

23rd May 2018 By

Brexit update: Javid letter reveals new details of settled status scheme

It’s been a little quiet on the Brexit front recently, but negotiations started up again this week. The talks don’t cover the status of EU migrants living in the UK, as the legal text on that was agreed in March. That agreement is at the m ...

23rd May 2018 By

Tribunal caseworker powers expanded in new Practice Statement

A new Practice Statement adds to the list of immigration tribunal powers that can be exercised by members of staff rather than judges. The Senior President of Tribunals, Sir Ernest Ryder, issued the document on 15 May 2018. Colin commented on the last ...

22nd May 2018 By

“New streamlined service” for in-country applications announced

Interesting development on in-country applications. A new service delivered by outsourcing firm Sopra Steria will see supporting information processed at local libraries rather than people having to post it in with their application: Under the new arr ...

22nd May 2018 By

Volunteer lawyers reunite Calais migrants with family in the UK

Lawyers are raising funds to reunite child refugees in northern France with family members already in the UK. The Dunkirk Project involves legal help for families split by the English channel in order to help young migrants stuck in Calais and Dunkirk ...

21st May 2018 By

Tailored Free Movement email alerts now available

New updates, commentary and advice on immigration law is added to Free Movement every working day. You can keep up with it in a variety of ways: by visiting the homepage, using the RSS feed, following us on social media (Facebook, Twitter and, coming ...

18th May 2018 By

Independent Anti-Slavery Commissioner resigns citing lack of independence

The government’s anti-slavery czar, Kevin Hyland OBE, has resigned and says that his successor must be able to operate independently of government. In a resignation statement, the Independent Anti-Slavery Commissioner said that As the inaugural ...

17th May 2018 By

Trafficking support duty: judicial review challenge fails on appeal

A judicial review aimed at improving the support available to potential victims of human trafficking has failed in the Court of Appeal. The case is R (EM) v Secretary of State for the Home Department [2018] EWCA Civ 1070. The Secretary of State was su ...

17th May 2018 By

Settlement application forms: new versions of SET(O) and EEA(PR) are out

The Home Office has issued a new version of the paper application form for EU permanent residence, EEA(PR), for use from 10 May 2018 onward. It is still 85 pages long and the accompanying guidance has not changed, although in the past new guidance on ...

17th May 2018 By

Interview: Tim Barnden on sham marriages

What is a genuine relationship? This idea of a love marriage is an invention of modernity,. It’s not so long ago that most people would be getting married through other kinds of arrangements. In Victorian England, all kinds of financial consider ...

16th May 2018 By

Home Office hits pause on “thousands” of migrant bank account closures

Thousands of suspected “illegal” migrants were due to have their bank accounts closed earlier this year but have been given a reprieve by the new Home Secretary over fears that members of the Windrush generation could be affected. Sajid Ja ...

15th May 2018 By

First-tier Tribunal the place to decide whether out-of-country appeal lawful

Just one new reported decision of the Upper Tribunal this month. It involves a Jamaican national deported in September 2016 who, rather poignantly, “has never physically seen” his son, born in the UK later that year. The case is R (Watson) ...

15th May 2018 By

“Son of Windrush” QC to oversee compensation scheme as consultation opens

The Home Secretary, Sajid Javid, has announced that a senior barrister of Caribbean extraction will oversee a compensation scheme for victims of the Windrush scandal. Martin Forde QC of One Crown Office Row was named today as the “Independent ...

10th May 2018 By

Home Office softens line on “no study” restrictions for refugee children

The Home Office has today issued revised guidance that should help asylum seekers and other migrant children in the UK who have been banned from studying under changes introduced at the beginning of the year. The new system of immigration bail that c ...

9th May 2018 By

Alleged trafficking victim’s claims too weak for High Court

On Free Movement we do our best to bring you analysis, or at the very least a quick heads up, on every significant bit of case law on immigration and asylum. We don’t always get around to everything right away, particularly when the case is a fi ...

9th May 2018 By

Immigration inspector praises Syrian refugee resettlement programme

Independent reviews of public institutions are critical by design, which is why almost every report ever published by the Independent Chief Inspector of Borders and Immigration is damning of the Home Office to a greater or lesser extent. Today̵ ...

8th May 2018 By

Interview: Giles Peaker on housing law blogging

Housing solicitor Giles Peaker was an accomplished art historian before turning to the law at the age of 40, rising to become a partner at Anthony Gold within five years of qualification. He founded the Nearly Legal blog while still a paralegal. Initi ...

8th May 2018 By

New settlement route for Turkish businesspeople expected later this year

Until recently, self-employed Turkish businesspersons who were in the UK under the Ankara Agreement could get indefinite leave to remain after four years. Then two cases established that the Secretary of State was entitled to change the rules on settl ...

3rd May 2018 By

Landmark Chambers star appointed to First-tier Tribunal

There have been three new immigration judges appointed to the First-tier Tribunal since we last covered judicial appointments. London Declan O’Callaghan, 46, barrister. The well-regarded practitioner announced his retirement from Landmark Chamb ...

30th April 2018 By

Immigration solicitor strike-off appeal fails as more firms face misconduct investigations

A struck-off solicitor has failed in a High Court bid to overturn the decision of a disciplinary tribunal to ban him from legal practice. The case is Ip v Solicitors Regulation Authority [2018] EWHC 957. Immigration specialist Vay Sui Ip was stru ...

26th April 2018 By

Home Office targets for removing migrants

Much excitement on the BBC’s Today programme and elsewhere in the media about “a document that emerged overnight” which proves that the Home Office sets targets for removing people who have no right to remain in the UK. This matters ...

26th April 2018 By

Is the tide turning on media coverage of migrants?

Yesterday afternoon, the Home Affairs committee of MPs had before it a selection of the nation’s newspaper editors. The subject of questioning: “whether there is an issue with treatment of minority groups in the print media”. Anyone ...

25th April 2018 By

Case on housing rights of UK-born children dismissed as academic

The Court of Appeal has dismissed as academic an appeal on the right of non-British children to housing. The case is Ismail & Anor v London Borough of Newham [2018] EWCA Civ 665. Had the appeal been entertained, it would have determined whether ch ...

24th April 2018 By

Immigration Rules are a disgrace, senior judge complains

Lord Justice Irwin has labelled the Immigration Rules a “disgrace” in the latest example of judicial disquiet over the complexity and poor drafting of the bedrock immigration regulations. Speaking earlier this week, the Court of Appeal jud ...

20th April 2018 By

Malik Law Chambers solicitors shut down by regulator

A high-profile firm of immigration solicitors has been shut down by the Solicitors Regulation Authority (SRA). The regulator announced the closure on 18 April of Malik Law Chambers, which has two offices in London and one in Birmingham. Giving reason ...

19th April 2018 By

Official migration advisor: low-skilled Europeans likely to lose out after Brexit

New rules on immigration from the EU after Brexit are likely to affect lower-skilled workers most, according to an independent economist who advises the government on migration policy. Professor Alan Manning told MPs this afternoon that, judging by th ...

18th April 2018 By

Experts highlight flaws in settled status scheme for vulnerable EU citizens

Migration policy experts have warned that the system of registering EU citizens to stay in the UK after Brexit risks excluding the most vulnerable, who will end up as unlawfully resident if they fail to register or are turned down. A briefing from the ...

12th April 2018 By

Reports highlight chronic delay in deciding child asylum claims

Persistent delay in deciding whether or not to grant asylum to children has been criticised in two new reports. The time between the making of an asylum claim by someone under 18 and a decision on that claim was over 200 days for most of 2015 and 2016 ...

6th April 2018 By

Interview: Lucy Reed on family law blogging

When I first started blogging I was really an oddity for being a lawyer that would effectively self-publish. People couldn’t quite work out why I was doing it and assumed that I was some sort of PR-hungry attention junkie. There were some people who ...

5th April 2018 By

In case you missed it: immigration in the media, 23-29 March

Here’s your round-up of the immigration and asylum stories that made national headlines this week. This is the last instalment of this round-up as a standalone article. As explained in the response to the Free Movement reader survey, these weekly po ...

29th March 2018 By

Home Office has relapsed in treatment of refugee children, inspection finds

The Home Office has failed to stick to claimed improvements in how it treats child refugees in the past few years, according to the independent immigration inspector. David Bolt’s inspection of how the Home Office considers the best interests of ...

29th March 2018 By

Brexit, one year on

The momentous decision to begin Brexit in March 2017 was announced the previous October, when Theresa May made her first speech as Prime Minister to the Conservative Party conference. For all the impressions of chaos in between — including the s ...

29th March 2018 By

Immigration inspector: Right to Rent scheme not being properly monitored or evaluated

Government measures aimed at stopping irregular migrants from renting a home are not being properly evaluated, the Independent Chief Inspector of Borders and Immigration has found. The controversial Right to Rent scheme is “yet to demonstrate it ...

28th March 2018 By

Tribunal slapped down on power to review trafficking decisions

The Court of Appeal in Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 594 looked at whether the Upper Tribunal can second-guess the decision of the government to reject someone’s application to be considered a victi ...

28th March 2018 By

There is no evidence that EU migrants reduce wages for British workers

Immigrants from other EU countries do not reduce average wages for UK-born workers. So said the Migration Advisory Committee (MAC), a crack team of independent economists that advises the government on immigration policy, in an interim report publishe ...

27th March 2018 By

In case you missed it: immigration in the media, 16-23 March

Here’s your round-up of the immigration and asylum stories that made national headlines this week. Refugee fostering questions The Mail says that the immigration system has failed in the case of Ahmed Hassan, the 18-year-old Parsons Green bomber, ...

23rd March 2018 By

Test for “further submissions” success routinely misstated in rejection letters

A quick note on a recent asylum judgment in Scotland — nothing earth-shattering in it, our friends at McGill & Co tell me, but a reminder to be on the alert for multiple misstatements of the threshold for success in decision letters rejectin ...

22nd March 2018 By

New Statelessness Index compares how European countries help people with no citizenship

A pan-European alliance of NGOs has launched a new database allowing for easy comparison of how different European countries protect people left without  citizenship of any country due to quirks in nationality law. The Statelessness Index covers a do ...

20th March 2018 By

Home Affairs Committee probes “systemic” problems with immigration detention

The Home Affairs Committee of MPs has announced that it is broadening an existing enquiry into the treatment of migrants held at Brook House detention centre to look at the detention system more widely. The influential committee, which is headed up by ...

19th March 2018 By

In case you missed it: immigration in the media, 9-16 March

Here’s your round-up of the immigration and asylum stories that made national headlines this week. Far-right activists denied entry Last weekend, the Evening Standard and Mail picked up on the travails of three far-right YouTube stars excluded from ...

16th March 2018 By