Supreme Court finds treatment of skilled worker unfair

The Supreme Court held today in R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 that the Home Office’s treatment of a Tier 2 skilled worker, Mr Pathan, was unfair. Mr Pathan had applied for an extension of his visa as ...

23rd October 2020 By

Removal policy breaches common law right of access to a court

Hot on the heels of this summer’s confected controversy over last minute legal challenges to removals of asylum seekers, the Court of Appeal has ruled that the Home Office’s ‘removal window’ policy is unlawful because it denies ...

22nd October 2020 By

Immigration update podcast, episode 81

Welcome to episode 81 of the Free Movement immigration update podcast. This month we kick off with a big ruling on deportation law before turning to some draft laws affecting EU citizens in the UK. The visa rules for students changed on 5 October, so ...

9th October 2020 By

Iraqi military doctor wins refugee exclusion appeal

The extremely long-running case of AB (preserved FtT findings; Wisniewski principles) Iraq [2020] UKUT 268 (IAC) has finally been allowed outright, subject to any further appeal from the Secretary of State. The appellant, an Iraqi doctor employed to w ...

16th September 2020 By

UK nationality law timeline

As a companion piece to our earlier immigration law timeline, here is an attempt at a nationality law timeline. I know that UK nationality law is complex but I confess I had not anticipated quite how long this one would take. With immigration law, muc ...

14th September 2020 By

Immigration update podcast, episode 80

Welcome to episode 80 of the Free Movement immigration update podcast. This month we start with the EU Settlement Scheme before turning to a couple of cases at the intersection of immigration law and family law. With the slow down in the court system, ...

11th September 2020 By

UK immigration law timeline: 1905 to 2018

I’ve put together a timeline of British immigration legislation as an experiment. It is not a complete list for several reasons, but I think it captures the main moments in the history of British immigration law. To include absolutely everything ...

3rd September 2020 By

Immigration update podcast, episode 79

Welcome to episode 79 of the Free Movement immigration update podcast. This month we’re starting with a few asylum decisions, then talk a little about the Shamima Begum case and go over the latest on coronavirus immigration changes. We look at t ...

14th August 2020 By

Reader survey results 2020

Over 1,100 people took the Free Movement reader survey this year. I’d like to thank everyone who did so. The positive feedback was enormously encouraging — I read every comment — and the less positive feedback was the whole point of ...

4th August 2020 By

Naturalisation as a British citizen

Naturalisation is the legal process by which a non-British adult becomes a British citizen. An application has to be made to the Home Office and if the criteria set out in the British Nationality Act 1981 are met then the application will be granted a ...

24th July 2020 By

Priti Patel proposes Home Office revolution in response to Windrush scandal

Home Secretary Priti Patel has proposed nothing less than a revolution within the Home Office in response to the Windrush Lessons Learned Review by Wendy Williams. In a statement to the House of Commons yesterday, which should be read in full, Patel o ...

22nd July 2020 By

Hospital order not a conviction for purpose of foreign criminal definition

The technical point, or ratio, of MZ (Hospital order: whether a ‘foreign criminal’) [2020] UKUT 225 (IAC) is that a hospital order under section 5(1)(b) of the Criminal Procedure (Insanity) Act 1964 is not a criminal conviction for the pur ...

20th July 2020 By

Seven year rule does not apply to EU children until they’ve lived in UK for seven years

In MM (section 117B(6) – EU citizen child) Iran [2020] UKUT 224 (IAC ) the Upper Tribunal holds that the seven year rule at section 117B(6) of the 2002 Act (which applies to British children and foreign national children resident for seven years ...

20th July 2020 By

General grounds for refusal: alleged deception and innocent mistakes

Making a mistake on an immigration application form can be disastrous. If the mistake is interpreted by officials as an attempt to mislead or deceive, the application will inevitably be refused. If the application was for entry clearance, it will also ...

17th July 2020 By

Immigration update podcast, episode 78

Welcome to episode 78 of the Free Movement immigration update podcast. This month we start with some general discussion about the immigration system and my new book, Welcome to Britain, move on to cover a couple of deportation cases and then look at s ...

10th July 2020 By

What is in Welcome to Britain: Fixing Our Broken Immigration System?

My book Welcome to Britain: Fixing Our Broken Immigration System launches today. I was delighted to see it getting some coverage in the Observer yesterday. If you haven’t already you can order a copy from Waterstones, Amazon or from your lo ...

29th June 2020 By

Online launch for Colin’s book Welcome to Britain: Fixing Our Broken Immigration System

We’re holding a free online event next Monday — our first ever live online event in fact — to mark the launch of my book, Welcome to Britain: Fixing Our Broken Immigration System. The book takes you behind the scenes of the United Ki ...

26th June 2020 By

General grounds for refusal: owing a litigation debt to the Home Office

Statement of changes HC877, of 11 March 2016, gave the Home Office yet another power to refuse applications for leave to enter or remain in the UK. For all applications made on or after 6 April 2016, having a “litigation debt” to the Home Office m ...

25th June 2020 By

CJEU: permanent residence card exempts family member from visa requirements

In the case of C‑754/18 Ryanair the Court of Justice of the European Union has concluded that a non-EU national who holds a permanent residence card from one EU state, is under EU law, exempt from any domestic law requirement to hold a visa to enter ...

23rd June 2020 By

Signed copies of Colin’s book Welcome to Britain: Fixing Our Broken Immigration System

If you would like a signed copy of my upcoming book, released on 29 June 2020, then you can now order such a thing here on Free Movement. Normally I’d be around and doing some live events to sign copies but that obviously is not feasible at the ...

18th June 2020 By

Refugee Week 2020

This week is Refugee Week. We’ve got quite a lot to say about the often complex law on asylum and refugees and the purpose of this post is simply to point you in the right direction if you are interested in reading up on the subject. The starti ...

15th June 2020 By

What is the legal definition of a “refugee”?

This week is Refugee Week. On Free Movement we try to communicate complex legal issues in immigration and asylum law in a clear way and here we answer the question “what is a refugee?” Before we get to that, we have loads of content about ...

15th June 2020 By

Race, racism and immigration in the United Kingdom: Black Lives Matter

The killing of George Floyd by Minneapolis police officers has shone a light on the ongoing difference in the treatment of black and white citizens in the United States. It is right and proper to think also about racism here in the United Kingdom. As ...

10th June 2020 By

Immigration update podcast, episode 77

Welcome to episode 77 of the Free Movement immigration update podcast. This month we cover a number of positive court decisions on Article 3, no recourse to public funds and immigration fees. We then mention the main coronavirus updates before turning ...

8th June 2020 By

Free Movement reader survey 2020

Who are you and what do you want? That is what we’d like to know, and to find out we have launched our 2020 reader survey. As a thank you I’m offering a free signed copy of my upcoming book, Welcome to Britain: Fixing Our Broken Immigrati ...

28th May 2020 By

Immigration application fee destitution policy found unlawful

The Upper Tribunal has found that the Home Office’s policy for waiving the immigration application fee for destitute immigrants — the fees can add up to thousands of pounds for a family — is unlawful and needs to be widened. The judg ...

21st May 2020 By

Immigration update podcast, episode 76

Welcome to episode 76 of the Free Movement immigration update podcast. This month we start with an important case concerning the hostile environment and the latest hardline deportation decisions. We then discuss immigration detention, including a case ...

15th May 2020 By

New study: asylum seekers don’t tell all at first opportunity

This hardly comes as news to many of those who work with asylum seekers. For many years the icebreaker for training sessions delivered by one of the main foundations working with torture survivors was to instruct attendees to turn to the person to the ...

13th May 2020 By

Tribunal: nullified nullification no barrier to deprivation of British citizenship

Taking away people’s citizenship became a popular pastime for Home Secretary Theresa May. After decades of the power being essentially taboo, associated as it was with Nazi Germany and Soviet Russia, it was resurrected with a vengeance after 201 ...

13th May 2020 By

The Making of an Immigration Judge by James Hanratty (second edition)

There’s a second and updated edition out of James Hanratty’s memoir The Making of an Immigration Judge, available from Quartet Books. I reviewed the previous edition and found it a very interesting and revealing read. The author tells me t ...

12th May 2020 By

Wesley Gryk retires: end of a “queer career”

On 13 October 1997, the new Labour government published a document on family visas. It was called the Concession Outside the Immigration Rules for unmarried partners and it was a legal landmark. The concession allowed certain foreigners in the UK to a ...

12th May 2020 By

Supreme Court offers hope to seriously ill migrants facing deportation and death

In the case of AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 the Supreme Court has widened the protection available to seriously ill migrants facing deportation from the UK and subsequent death for want of medical treatmen ...

1st May 2020 By

The dismal Home Office response to coronavirus: the wider picture

The Home Office response to the coronavirus crisis has been hesitant at best. To the credit of the department, it has on the whole acted to protect its own staff and the staff of some of its major contractors, albeit sometimes belatedly. Basic steps t ...

28th April 2020 By

General grounds for refusal: criminal convictions, public good, character, conduct and associations

Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. This has always been so, but in December 2012 the rules were changed to permanently ban entry of those w ...

20th April 2020 By

Immigration update podcast, episode 75

Welcome to episode 75 of the Free Movement immigration update podcast. This month we are covering March and there’s a lot to go over. We’ve got some EU law material, some fairly involved appeals law stuff on when a human rights claim gener ...

16th April 2020 By

Immigration and nationality fees unchanged for 2020/21

The updated list of fees for immigration and nationality applications that apply from 6 April 2020 shows that all remain unchanged from last year. The amount the Home Office charges to process visa, settlement and citizenship applications had been ri ...

6th April 2020 By

Upper Tribunal says no duty of candour on Home Office in statutory appeals

In Nimo (appeals: duty of disclosure : Ghana) [2020] UKUT 88 (IAC) the Upper Tribunal, consisting of Mr Justice Lane and Mr Ockelton, has held that the duty of candour applying to parties in judicial review proceedings does not apply in statutory appe ...

24th March 2020 By

Coronavirus and the Free Movement website

Business continues as normal at Free Movement. Our product is exclusively an online one, we are used to working remotely and we have contingency plans in place if a staff member is ill or needs to care for family members. We will continue to bring you ...

23rd March 2020 By

Leave in a time of corona: can the Home Office grant blanket visa extensions?

With international travel closing down due to the coronavirus it is becoming not just unwise but impossible to move from some countries to others. Even if inbound flights are not banned by a country, airlines are finding it increasingly difficult to k ...

20th March 2020 By

Substantial update to immigration policy on DNA evidence

We don’t post about many Home Office policy updates but this one is one to be aware of. Changes to DNA policy guidance as follows: Page 6, reference to DNA profile not revealing certain characteristics of a person who provides a DNA sample for t ...

19th March 2020 By
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