Welcome to episode 84 of the Free Movement immigration update podcast. We’re going over what happened in December 2020, which feels a bit like it was asylum month: we’ve got some very important changes to the Immigration Rules on claiming asylum and safe third countries; an interesting case on military service and refugee status; a big case on asylum accommodation delays; a report on the UK statelessness procedure; not one but two cases on the treatment of trafficking victims; and a slightly odd Scottish case on how country guidance cases work. We’ve also going to cover the right to benefits for EU citizens with pre-settled status, deportation and the latest Home Office plan for dealing with all this case law: stop it happening in the first place by ratcheting tight access to the Court of Appeal. CJ is also going to give a mention to a couple of blog posts on the Skilled Worker visa and the minimum income rule at the very end. Phew.

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The downloadable 29-minute podcast follows the running order below. Timestamps indicate when a particular section begins.

Asylum

New statement of changes to the Immigration Rules: HC 1043

High Court finally calls time on asylum accommodation delays

Major Upper Tribunal judgment on draft evaders and Ukraine

Country guidance changes affect pending decisions if not already sent out to the parties

Expert report finds room for improvement in UK’s statelessness system

Trafficking (10.42)

Asylum right to work policy unlawfully overlooks trafficking victims

Home Office policy on leave to remain for potential trafficking victims found unlawful

EU citizens (16.37)

Court of Appeal bombshell: EU citizens with pre-settled status CAN claim benefits

Appeal rights (18.43)

Number of immigration cases heard by the Court of Appeal to be radically cut

Deportation (21.26)

Supreme Court: no additional “exceptional circumstances” test in Zambrano deportation cases

Is carrying a knife enough to get you deported?

Business (25.09)

How to apply for a Skilled Worker visa 

Settlement as a Skilled Worker – what you need to know 

Minimum income (25.59)

Time to revisit spouse visa minimum income rule, government advisers suggest