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

Grant of limited instead of indefinite leave does not generate human rights appeal

In Mujahid [2020] UKUT 85 (IAC), President Lane holds that where a person applies to the Home Office for indefinite leave to remain and is refused indefinite leave but granted limited leave instead, that decision is not a refusal of a human rights cl ...

19th March 2020 By

Immigration update podcast, episode 74

Welcome to episode 74 of the Free Movement immigration update podcast. This month we’ve got a couple of Supreme Court decisions to cover then a carousel of other cases on detention, the rights of British children to live with their parents in th ...

18th March 2020 By

Supreme Court says immigration tribunal can decide for itself if appellant was trafficked

In the case of MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9, handed down today, the Supreme Court has confirmed that the immigration tribunal can and must decide for itself whether an appellant was a victim of trafficking. ...

18th March 2020 By

Supreme Court: detention is unlawful if based on unlawful deportation order

The Supreme Court has found in the case of DN (Rwanda) v Secretary of State for the Home Department [2020] UKSC 7 that the detention of a Rwandan man facing deportation was unlawful because the deportation order on which detention was based was itself ...

26th February 2020 By

El Presidente to minions: “stop granting permission already!”

Another reported case that would perhaps have been more effective and appropriate as a passive-aggressive Post-it note stuck on the office kettle at Tribunal HQ: Permission should not be granted on the grounds as pleaded if there is, quite apart from ...

25th February 2020 By

Book review: (B)ordering Britain by Nadine El-Enany

In (B)ordering Britain: Law, Race and Empire, published last week by Manchester University Press, Nadine El-Enany argues that British nationality and immigration laws are acts of colonial theft. Having expropriated untold wealth from the countries com ...

18th February 2020 By

Immigration update podcast, episode 73

Welcome to episode 73 of the Free Movement immigration update podcast. This month we start with asylum, in particular the new Iraq country guidance decision, before turning to the rebranded Global Talent visa and the latest on Brexit. There are a coup ...

13th February 2020 By

Comment: Jamaica charter flight shows the need for deportation law reform

Last night a deportation flight took off for Jamaica, despite the protests of MPs and a last minute injunction that saw some removed from the plane. Many of the Jamaican citizens involved grew up in the UK — such as the man who has been here sin ...

11th February 2020 By

Immigration update podcast, episode 72

Welcome to episode 72 of the Free Movement immigration update podcast. This month we start with the excellent result on child citizenship fees and the Supreme Court’s clarification of the legal test in Zambrano cases. There are also interesting ...

17th January 2020 By

Law Commission calls for total rewrite of Immigration Rules

The Law Commission’s long-awaited report on Simplification of the Immigration Rules says that rewriting and paring down the “overly complex and unworkable” document would improve legal certainty and transparency for applicants as we ...

14th January 2020 By

Free Movement review of the year 2019

Welcome to my review of the immigration law events and themes of 2019. I have written one of these reviews every year since 2013. It is a chance to stand aside from the rush of updates and news, try to reflect on what has really happened during the ye ...

2nd January 2020 By

What is so special about being a British citizen, legally?

You would be forgiven for thinking there are some special rights or privileges attached to being a British citizen. Politicians are fond of telling us how great it is to be British and how it is a privilege not a right. Our government charges foreign ...

27th December 2019 By

Immigration update podcast, episode 71

Welcome to episode 71 of the Free Movement immigration update podcast. This month we explain the ramifications of the Supreme Court decision in Hemmati as well as recent developments in asylum and trafficking. The DeSouza case on the Good Friday Agree ...

20th December 2019 By

Supreme Court says Zambrano test is usually a simple one

The Supreme Court has found in the case of Patel and Shah v Secretary of State for the Home Department [2019] UKSC 59 that the carers of EU citizen children can derive a Zambrano right of residence only where the child will as a practical matter of f ...

16th December 2019 By

Book review: Hostile Environment by Maya Goodfellow

If you haven’t noticed immigrants being blamed for everything from crime to low wages and overstretched public services, you have not been paying attention. In Hostile Environment: How Immigrants Became Scapegoats, the writer, journalist and aca ...

16th December 2019 By

Appeal overturned after bus stop rant by court interpreter

An asylum appeal by an Eritrean woman, initially rejected by an immigration judge, has been overturned by the Upper Tribunal after it emerged the court interpreter embarked on a political rant to the woman’s barrister at the bus stop outside court a ...

29th November 2019 By

Supreme Court finds detention of asylum seekers unlawful

The Supreme Court has confirmed in the case of Hemmati v Secretary of State for the Home Department [2019] UKSC 56 that the detention of asylum seekers for their removal to other EU states under the Dublin Regulation was unlawful between 1 January 201 ...

27th November 2019 By

Immigration update podcast, episode 70

Welcome to episode 70 of the Free Movement immigration update podcast. This month we lead on some case law on asylum before turning to the latest changes to the EU Settlement Scheme (yes, they’ve replaced Appendix EU all over again). We then dis ...

22nd November 2019 By

Ian Macdonald QC, 1939-2019

Ian Macdonald QC has passed away. He was the founder and father of immigration law in this country. He literally wrote the book when in 1983 he published the first edition of the now legendary Macdonald’s Immigration Law & Practice. It is now i ...

13th November 2019 By

Book review: What do we know and what should we do about immigration? by Jonathan Portes

The unrelentingly, unremittingly reasonable advocate of evidence-based policy making Jonathan Portes has written an unrelentingly, unremittingly reasonable book about what the evidence tells us about immigration policy. Called What do we know and what ...

22nd October 2019 By

Immigration update podcast, episode 69

Welcome to episode 69 of the Free Movement immigration update podcast. This is a bumper Brexit issue: we’ll be covering the government’s policy on ending free movement for EU citizens, in addition to a healthy crop of cases on EU immigrati ...

21st October 2019 By

British by descent: when the child of a British citizen is not themselves British

A story hit the news over the weekend of two-year-old Lucy, the child of British parents who has been told by the Home Office that she must leave the UK. It is always difficult to comment on news stories without knowing the full facts but it is certai ...

15th October 2019 By

Immigration update podcast, episode 68

Welcome to episode 68 of the Free Movement immigration update podcast. We’re continuing our review of the summer, with developments to mention in areas as diverse as asylum, litigation costs, citizenship deprivation and human trafficking. WeR ...

10th October 2019 By

Book review: The Windrush Betrayal by Amelia Gentleman

Amelia Gentleman will be familiar to Free Movement readers as the Guardian journalist who exposed what has become known as the Windrush scandal. Her account of what happened, how the scandal developed and why the Windrush generation experienced the pr ...

3rd October 2019 By

CJEU: Child self-sufficient if supported by parent working without work permit

The Court of Justice of the European Union has found that a child is self-sufficient in EU law even if supported only by the earnings of a parent who is working without permission to do so. The case is C‑93/18 Bajratari. The case involved an Albania ...

2nd October 2019 By

Immigration update podcast, episode 67

Welcome to episode 67 of the Free Movement immigration update podcast. As you may have noticed, we’ve been on a rather extended holiday, so we’re going to use this and the next episode to catch you up on what’s gone on in immigration ...

27th September 2019 By

Appellant can remain in UK to pursue EEA appeal even if lodged abroad

That is, if the appellant can get back in. The case is Isufaj (PTA decisions/reasons; EEA reg. 37 appeals) [2019] UKUT 283 (IAC). There is no right of admission but if admitted the appeal can be pursued from within the UK. Why the case gets reported f ...

26th September 2019 By

Court of Justice finds that self-employed women have maternity rights

Yes, the Court of Justice of the European Union has had to find that self-employed EU citizens retain rights of residence during their maternity period. Why on earth the government of the United Kingdom tried to argue they did not is one of those myst ...

25th September 2019 By

Tribunal finds “centre of life” integration and intention tests irrelevant in Surinder Singh cases

The Upper Tribunal has finally, some six years after the test was introduced into domestic regulations, taken a good, hard look at the “centre of life” test applied by the Home Office to Surinder Singh cases. For background on the Surinder ...

20th September 2019 By

CJEU: expulsion of family members who lose right of residence must still comply with EU law

In the case of C‑94/18 Chenchooliah the Court of Justice of the European Union returns to the contentious issue of the rights of family members of EU citizens. Family members like to have rights, governments like to be able to remove family members ...

19th September 2019 By

Briefing: what is the ‘right of abode’ in UK immigration and nationality law?

As I was reviewing John Vassiliou’s excellent piece on Hong Kongers with British National Overseas status last week, I realised that we’ve never put together an explainer on the right of abode. A quick Google search showed up no great expl ...

18th September 2019 By

Return of two-year post study work visa announced

The two-year post study work visa has returned from the dead, apparently. Multiple statements, from the Prime Minister, the Business Secretary, the Department for Education and, last and least, the Home Office have been released announcing the resurre ...

11th September 2019 By

Free movement rules to continue after no deal Brexit

The Johnson ‘government’ has reaffirmed that free movement rules will continue if the UK leaves the EU without a deal on 31 October. A new voluntary (Ed. – !?!) immigration scheme will be introduced called the European Temporary Leav ...

9th September 2019 By

New book: Citizenship in Times of Turmoil? Theory, Practice and Policy

Here follows a shameless plug for a book to which I have contributed a chapter on deprivation and nullification of British citizenship. It is edited by the excellent Devyani Prabhat at the University of Bristol (do follow her on Twitter) and the vario ...

5th September 2019 By

MAC instructed to ponder points based immigration system

The long suffering Migration Advisory Committee, or ‘MAC’ to its friends, has been commissioned to carry out yet another review. Back in June 2019 the MAC were asked by one Home Secretary to think again about salary thresholds for skilled ...

5th September 2019 By

New guidance advises judges “doubt doesn’t mean it is arguable”

A new revised guidance note for judges has been published by some other judges: Joint Presidential Guidance 2019 No 1: Permission to appeal to UTIAC. Paragraph 31 seems wrong to me, or at least inexactly phrased: If a FtT judge considering an applicat ...

3rd September 2019 By

Briefing: How expensive are UK immigration applications and is this a problem?

The cost of making an immigration or nationality application has risen extremely steeply in recent years. Annual increases of 20% or 25% per year became standard, bringing the current cost of an application for indefinite leave to remain (aka settleme ...

3rd September 2019 By

Government rows back on bonkers plan to end free movement on 31 October

The Government yesterday rowed back on the bonkers idea floated by Home Secretary Priti Patel two weeks ago to end free movement of EU citizens into the UK on 31 October 2019. Apart from the obvious problem of having to invent and implement a new immi ...

2nd September 2019 By