All Articles: legislation

How complex is UK immigration law and is this a problem?

One of the fundamental principles of the rule of law is that the law “must be accessible and so far as possible intelligible, clear and predictable” (Tom Bingham, The Rule of Law, 2010). The reasons for this should be self evident. Just as it is ...

24th January 2018 By

What does the Queen’s Speech say (and not say) about immigration and EU citizens?

The Queen’s Speech was today. This sets out the legislative agenda for the new Government and lists expected new Acts of Parliament the Government hopes to pass in the coming year. There are reports that this Queen’s Speech may be intended ...

21st June 2017 By

New commencement order introduces out of country human rights appeals and more

The end of immigration appeals from within the UK is nigh: section 63 of the Immigration Act 2016 is being brought into force from 1 December 2016 by the Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/ ...

1st November 2016 By

Immigration Act 2016 online course and more now available

The Free Movement online course on the Immigration Act 2016 is now available. Based on the text of the popular ebook, the course is enhanced with 32 minutes of key points videos and clear signposting of which sections of the Act are currently in force ...

2nd September 2016 By

Which sections of the Immigration Act 2016 are in force with what effect?

The Immigration Act 2016 was signed by Her Majesty the Queen on 12 May 2016. Some sections of the Act came into effect immediately but most sections were dependent on being brought into force by commencement orders at the discretion of the Minister. W ...

14th July 2016 By

Right to rent comes into force today

The Government’s “right to rent” scheme requiring landlords to conduct “papers, please” checks on the immigration status of tenants comes into force today, 1 February 2016. It is hard to think of a worse example of a dis ...

1st February 2016 By

All landlords forced to carry out immigration checks from 1 February 2016

The Home Office today announced that all landlords in England and Wales will be forced to carry out “papers please” right to rent immigration checks on tenants from 1 February 2016. This is despite the Home Office’s own research, als ...

20th October 2015 By

The Hostile Environment: my presentation at JUSTICE annual human rights conference

I gave a 25 minute presentation on the Immigration Act 2014 and new Immigration Bill at the JUSTICE annual human rights conference yesterday. As an experiment, I tried recording myself and have combined the audio with the slides. Enjoy. Or not. I have ...

13th October 2015 By

Part 6 of the Immigration Bill

The second reading of the Immigration Bill in the House of Commons is today. We have seen how even more appeals will be out of country under its regime, and the greater powers given to immigration officers under Part 3. Part 6 – including Schedules ...

13th October 2015 By

Part 3 of the 2015 Immigration Bill – enforcement

Part 3 of the Immigration Bill gives a host of new, wide powers to immigration officers. A person with leave to enter arrives in at the airport. Schedule 19(1) and (2) – the first section of Part 3 – gives immigration officers the power to cur ...

1st October 2015 By

The Immigration Bill 2015

The Immigration Bill 2015 was published on 17 September 2015. For now, this post provides links to further reading and resources on the Bill and also some commentary on the appeals sections, which are of the most direct interest to immigration lawyer ...

18th September 2015 By

Statement of Changes in Immigration Rules HC 297

Statement of Changes in Immigration Rules HC 297 was published today, 13 July 2015, having been trailed in The Daily Mail over the weekend. It includes some significant changes, particularly for international students. I’m technically on holida ...

13th July 2015 By

Full immigration appeals ended: Immigration Act 2014 brought into force

Full appeal rights for applications under the Points Based System are being ended with effect from today, 2 March 2015, and for all other cases from 6 April 2015. The initial change applies to those who make an application on or after 2 March 2015 und ...

2nd March 2015 By

Notice period doubled from next spring for all marriages and civil partnerships

It has been announced today by Minister for Security and Immigration James Broken-shire that Part 4 of the Immigration Act 2014 is to be brought into full effect on 2 March 2015. This amends the procedure for marriage and civil partnership for everyon ...

24th November 2014 By

New duty to keep Home Office informed

When reviewing the Home Office’s new Appeals Guidance policy document I was reminded of a new feature of the appeals regime that is an important one but which was tucked away in the schedules to the Immigration Act 2014. A new expanded section 1 ...

29th October 2014 By

Immigration Act 2014 Commencement Order No. 3: analysis

Even aside from the issue of an unpublished law purporting to have any effect, the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014 (SI 2014/2711) is a dog’s breakfast. At first blush it appears to bri ...

20th October 2014 By

New law takes effect today but is missing in action

“But the plans were on display…” “On display? I eventually had to go down to the cellar to find them.” “That’s the display department.” “With a flashlight.” “Ah, well, the lights had probably gone.” “So had the stairs.” “ ...

20th October 2014 By

Immigration Act 2014 appeals provisions commence 20 October 2014

Sweeping changes to appeal rights, a new non independent “administrative review” procedure and further changes to deportation appeal rights are taking effect on 20 October 2014, at least in some cases. This post will be updated as and when ...

16th October 2014 By

Obscure new immigration powers commenced – but why now?

So, with the Scottish referendum result out of the way the UK Government has taken the opportunity to extend UK immigration law enforcement powers in Scotland with the commencement of a long dormant power of detention and accompanying criminal offence ...

3rd October 2014 By

New Procedure Rules come into effect 20 October 2014

As predicted, the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 are official and come into effect on 20 October 2014. More analysis to follow in due course for Free Movement Members. Headline changes seem to me ...

30th September 2014 By

Appeals provisions of the Immigration Act 2014

The most devastating aspect of the Immigration Act 2014 (“2014 Act”) is the brutal scything of appeal rights. The Government has triumphantly declared that it has reduced the number of appeal rights from 17 (the number of immigration decisions in ...

19th August 2014 By

Immigration Act 2014: removals and nationality provisions

This post is a brief summary of the removals and nationality provisions of the Immigration Act 2014, and is accompanied by an audio extract from a seminar given by Colin Yeo, Sadat Sayeed, Mark Symes and I at Garden Court Chambers on 13 August 2014, a ...

18th August 2014 By

New statutory human rights considerations take immediate effect

The Immigration Act 2014 requires judges to take into account certain public interest considerations when deciding immigration cases. Little weight is to be attached to x, the politicians tell the judges through the medium of the legislation, and in y ...

14th August 2014 By

Statement of Changes HC 532

This post is based on an earlier page I made available to Free Movement Members a couple of weeks ago, before Statement of Changes HC 532 took effect. The commencement date of 28 July 2014 has been and gone and we have also seen commencement of the o ...

7th August 2014 By

Serious and irreversible harm and deportation appeals

Today the new out of country deportation appeal provisions of the Immigration Act 2014 came into force, at least in part. The new regime enables the Secretary of State to require any appeal against deportation to be brought from abroad only, both in U ...

28th July 2014 By

Immigration Act 2014: first Commencement Order

The first Commencement Order for the Immigration Act 2014 has been made: the Immigration Act 2014 (Commencement No. 1, Transitory and Saving Provisions) Order 2014 (SI 2014/1820). There is no known date for commencement of the main right of appeals ...

14th July 2014 By

Free Immigration Act ebook

Sign up now as a Free Movement Member and get a free Immigration Act 2014 ebook! Free Movement Membership starts at £50 plus VAT per person for groups of 10 or more and is available to all. Membership includes access to the forums and is a cheap and ...

30th June 2014 By

Amendment to EEA regulations on worker status and job seeking

No, not an amendment to take account of the judgment in O v The Netherlands C‑456/12 (blog post: Surinder Singh immigration route) [ed: who knows how long we will have to wait for that] but one to try to limit the period during which an EU nationa ...

13th June 2014 By

Text of amended Modern Slavery Bill now published

Link to the Bill home page here for updates and developments. ...

11th June 2014 By

Immigration Act 2014: full text

Full text of the Immigration Act 2014 if you haven’t seen it already. I’ve been away and am catching up. ...

2nd June 2014 By

Amendment to Immigration Bill allows Home Secretary to make people stateless

Only yesterday, the day before the debate on the third reading of her Immigration Bill, the Home Secretary published a proposed amendment to the Bill whereby she will be able to deprive a person of British citizenship acquired by naturalisation even i ...

30th January 2014 By

Administrative review success rates

The new Immigration Bill proposes removal of rights of appeal to an independent judge, to be replaced with  and replacement with ‘Administrative Review’ by one of its own staff. Immigration appeals have almost a 50% success rate according ...

4th November 2013 By

Appeals and the Immigration Bill

The new Immigration Bill (see Ronan’s previous post “Summary of clauses“) is so packed with nastiness that some really unpleasant parts of it – perhaps the whole of it – will make it to the statute book. No mainstream politician ...

31st October 2013 By

‘Officers 1 Immigrants 0’: The mob mentality of the Immigration Bill

I want to persuade you that our first task when faced with a social evil like the Immigration Bill is not to just to condemn but to understand it.  I say that because those who fail to grasp the deeper motives driving this legislation will underestim ...

29th October 2013 By

Grayling Syndrome: an acute form of social blindness

Originally posted at the Justice Gap. From as early as the 1880s doctors began to report a truly puzzling medical condition. Eventually named ‘Anton’s Syndrome’, medics noticed that some patients who had suffered a sudden loss of sight continued ...

22nd October 2013 By

The new Immigration Bill is sinister and nasty

The new Immigration Bill is a sinister, nasty piece of legislation. Building on man-made laws that define certain humans as ‘illegal’, it seeks to create an even more hostile environment for an already marginalised section of society. Peop ...

16th October 2013 By

New Immigration Bill: summary of clauses

The long promised Immigration Bill, consisting of 66 clauses and 8 schedules, has now been published.  It is accompanied by explanatory notes and a detailed memorandum by the Home Office intended to show that the Bill is compatible with ECHR rights ...

11th October 2013 By