Updates, commentary and advice on immigration and asylum law
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Comment: an NHS exemption will help, but the Tier 2 visa cap should go

Less than two months into the job, Sajid Javid appears to be, so far, quite a pragmatic Home Secretary. Following six months of the Tier 2 cap wreaking havoc amongst employers and users of the Points Based System, resulting in the NHS losing out on hi ...

18th June 2018 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?” We’ll have a load of other refugee related conte ...

18th June 2018 By

Out-of-country appeals for EU citizens: the effect of Kiarie and Byndloss

In the case of R (Wandzel) v Secretary of State for the Home Department (Rev 1) [2018] EWHC 1371 (Admin), Nigel Poole QC, sitting as a deputy High Court judge, had to deal with the effect of the famous case of Kiarie and Byndloss (discussed on Free M ...

15th June 2018 By

Residence rights for divorced non-EU citizens improve as Home Secretary concedes appeal

Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088 is about what happens to a non-EEA citizen spouse if they divorce their EEA citizen partner. Article 13(2) of the Citizens Rights Directive 2004 lays down a set of criteria o ...

14th June 2018 By

Home Office fails to carry out nearly half the immigration inspector’s recommendations

Almost half the recommendations made by the independent immigration inspector over the last three years have not been followed by the Home Office, the inspector’s annual report shows. David Bolt’s survey of the 2017/18 financial year says ...

14th June 2018 By

Briefing: What are the barriers to British citizenship for EU nationals?

The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for British citizenship. Ms Lockton lived in the UK for 39 years, was married to a British citizen and h ...

14th June 2018 By

Home Secretary announces new “start-up” visa

With London Tech Week upon us, Sajid Javid today announced the introduction of a new “start-up” visa route for entrepreneurs looking to set up businesses in the UK. According to one part of the announcement, it will replace the Tier 1 (Gra ...

13th June 2018 By

Council criticised for failure to provide accommodation to child refugees

Most unaccompanied child asylum seekers and refugees will be “children in need” for the purposes of the Children Act 1989. So the issue of whether or not local authorities have properly exercised their duties to provide accommodation and care freq ...

13th June 2018 By

Why was far-right leader Geert Wilders allowed into the UK for the #FreeTommyRobinson protest?

I was appalled to see Saturday’s footage of the violence directed against the police in central London by protesters demonstrating against the imprisonment of Tommy Robinson, the far-right activist jailed for contempt of court last month. The po ...

12th June 2018 By

When law and politics collide: Brexit in the Court of Session

The Court of Session has refused to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. Given that the subject matter inv ...

11th June 2018 By

April 2018 immigration update podcast

Welcome to the April 2018 edition of the Free Movement immigration update podcast. This was the month that the Windrush scandal came to a head, so I start by focusing on the fallout from that before looking at an issue that would otherwise have led th ...

8th June 2018 By

Leave to remain application date: how to calculate it and why it is important

You’ve left extending your visa until the last minute and are now in danger of missing the deadline. Does this matter and is there anything you can do about it? The answer to the first question is a resounding yes. Fortunately, in some cases, th ...

8th June 2018 By
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