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Colin and Sonia take a look back at 2022 and ahead to 2023 as well as covering the immigration updates from December 2022. Looking back, they talk about small boat crossings, the Ukraine and Hong Kong schemes, the impact (or lack of) the Nationality and Borders Act 2022, the Rwanda judgment, the asylum backlog and the net migration figures. Looking to the future they cover Rishi Sunak's asylum plan, whether the Home Office can cope, the prospect of yet more legislation and the ideas for immigration restrictions on families, students and workers floated via The Times over the Christmas break. Finally, they cover several litigation developments for lawyers from December 2022 and end by discussing to big cases for EU citizens with pre settled status. Phew.  Looking back and ahead Free Movement review of the year 2022 Rishi Sunak announces new new plan for asylum Has Sunak’s bank account closure plan killed off the Windrush Lessons Learned Review? High court rules Rwanda plan is lawful When will there be ano

This month, Colin and Sonia mainly talk about an avalanche of asylum related news, law and updates. It's not all asylum, though, there's also some blog posts to go over on Comprehensive Sickness Insurance, third party support in spouse applications, marriages in durable partner cases, the opening of the citizenship route for Chagossian descendants and a Solicitor Regulation Authority report on immigration lawyers. They end by discussing a couple of opinion pieces Colin published, on whether the Home Office should be abolished and whether strategic litigation does more harm than good.  The blog posts covered include: What are ‘short term holding facilities’ like the Manston refugee camp? Briefing: What is Article 1D of the Refugee Convention? How does the asylum ‘white list’ work and what does the government plan to change? Asylum backlog hits 150,000 and net migration hits 500,000 Understanding the Home Office’s problem with asylum decisions Appendix Settlement Protection: indefinite leave to

Welcome to the October 2022 episode of the Free Movement immigration update podcast. This month, Colin and Sonia talk politics, asylum, the statement of changes to the immigration rules and case law. The episode is a bit longer than usual as there was a lot going on! Politics  Braverman attacks modern slavery victims and student families   Assessing Braverman’s legacy as Home Secretary  How much influence does the media have over the hostile environment?  Home Office hotels not fit to house unaccompanied child asylum seekers  Indefinite leave to remain applications under Appendix FM: slow, expensive and inaccessible  Asylum  Why has the asylum success rate gone up so much in recent years?  Are people crossing the Channel in small boats doing anything illegal?  Putting small boat crossings in perspective  Ukrainians in the UK face a homelessness crisis and the government needs to act now  What’s happening in the Rwanda legal challenges?  Statement of

Welcome to the September 2022 episode of the Free Movement immigration update podcast. This month Colin is joined again by “immigration lawyer about town”, as she put it, Sonia Lenegan. She is in danger of becoming a co-presenter if she carries on like this... Amongst other things, they discuss Albanian asylum claims, age assessment, military conscription and asylum, Windrush and an important update to the guidance on good character in British citizenship applications. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. The 30-minute podcast follows the running order below. Asylum and human rights Grand Chamber finds France breached the European Convention of Human Rights Why are so many Albanian asylum claims succeeding if the country is so “safe and prosperous”? Government lawyers conf

Colin and Sonia have a short chat about what's going on with immigration and asylum policy right now. With Truss and No 10 saying one thing and Braverman and the Home Office saying something very different, what should we make of it all? Are we going to have more students or less? Encourage skilled workers or reduce net migration? Cut unskilled migration or expand the Seasonal Agricultural Workers Scheme? We thought we'd separate out a general discussion about politics and policy this month from the normal update, to try and keep the podcast short and snappy. We'll be back early next week with the normal update covering substantive legal developments from September 2022.

Welcome to episode 104 of the Free Movement immigration update podcast. This month Colin is joined by "immigration lawyer about town", as she puts it, Sonia Lenegan. Taking pity on Colin after his solo effort last month, Sonia is the legal and policy director at Rainbow Migration, a consultant solicitor at Saltworks and a volunteer at Asylos and the Unity Project. She previously worked at Hackney Law Centre and as the legal director at the Immigration Law Practitioners Association. Our discussion is a bit more free ranging than for past update episodes and we run to just over 40 minutes. We discuss the change of Home Secretary, the direction of government immigration policy, some changes in policy and new visas and go through the latest case law. Let us know in comments or by email what you think of the slightly different approach. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hou

Welcome to episode 103 of the Free Movement immigration update podcast. This month — the first in something like five years with no CJ McKinney — I’m starting with some material on asylum and trafficking then quickly going over a bit of immigration and nationality history and why it matters today, before moving onto various bits of Home Office news and then ending with a couple off items on deportation and foreign national offenders. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically do

The immigration system has been through a lot since I started covering it for Free Movement five years ago. In September 2017, the UK was still in the two-year countdown to leaving the European Union, and there were even doubts about whether it would happen at all. The EU Settlement Scheme was still a twinkle in the Home Office's eye, and instead of the exciting post-Brexit points-based immigration system we had a boring old... points-based immigration system. But while the basic architecture of the visa system remains largely the same, lots of the details have changed. Gone are the Investor and Entrepreneur routes, while in have come a host of new or (more commonly) rebranded visas: Innovator, Graduate, Global Talent, High Potential and Seasonal Worker. The flagship Skilled Worker route is now much easier to recruit into than Tier 2 (General) ever was, and visa issuances to non-Europeans have soared. That's led to a recent narrative that immigration has actually risen since Brexit -- although as Peter Willia

Welcome to episode 102 of the Free Movement immigration update podcast. This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications, and conclude with Rwanda. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. The downloadable 29-minute podcast follows the running order below. Timestamps indicate when a particular section begins. Borders Act When is the Nationality and Borders Act 2022 coming into force? Detailed policy on differential treatment of refugees announced Humanitarian protection is being downgraded from 28 June 2022 Human rights (7.50) New guidance on private life and family relationships Judge takes “poin

Comprehensive Sickness Insurance continues to hang over the heads of many EU citizens who, over the years, were told that they needed private health coverage for their residence in the UK to be lawful. The UK government’s insistence on this was always legally controversial, but it took until after Brexit for the EU Court of Justice to rule (in a case referred to it just before the UK’s departure) that CSI was not in fact required. What are the implications of the ruling for EU citizens affected by the supposed CSI rule over the years? People were denied benefits, British citizenship and even protection against criminal deportation — not to mention spending money they didn’t need to. Even today, the government reserves the right to refuse naturalisation for past lack of CSI (even if it doesn’t in practice). Joining me on the podcast with thoughts on righting the wrong are Luke Piper of the3million and the CSI Justice campaign, and Professor Charlotte O’Brien of York Law School and the EU Rights and Brexit Hu

Welcome to episode 101 of the Free Movement immigration update podcast. This month we start with some great news on fees, then some updates on the new Borders Act before turning to Rwanda and asylum more broadly. We have a quick check-in on business immigration and end on the latest with detention and bail. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement podcasts click here. The downloadable 26-minute podcast follows the running order below. Timestamps indicate

In the States, they’re known as “Dreamers”. Children and young people who grow up perfectly integrated, only to find out that — through no fault of their own — they’re actually unauthorised migrants. Here in the UK, children who are British in every sense but legal can at least regularise on the basis of long residence: seven years for under-18s, or half their life for those aged 18-24 inclusive. Securing immigration status under these “private life” rules is only the beginning: they still have to serve a probationary period of ten years before being able to apply for indefinite leave to remain and come out of the immigration system altogether. All this can profoundly affect identity and mental health: Anna Shekan and Roopa Tanna, my guests on the podcast this month, refer to a process of “de-integration”, as kids effectively become immigrants for the first time. But things are improving for these British Dreamers. A concession announced last October allowed some 18-24s to apply for settlement on the half

Welcome to episode 100 of the Free Movement immigration update podcast. This month we’ve got some pretty major asylum stuff to go over plus quite a few different topics, including compensation for unlawful removal, the unending saga of the English language tests, new immigration fees, changes to work visas, a big case from the Upper Tribunal on expert evidence and a rather unusual case in the Court of Appeal on deportation. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previou

The Nationality and Borders Act 2022 hit the statute books yesterday. The Home Office says that the Act “puts into law that those who arrive illegally in the UK – who could have claimed asylum in another safe country – can be considered as ‘inadmissible’ to the UK asylum system”, and so removed to Rwanda under plans announced just before Easter. In fact, as Jon Featonby tells me on the latest episode of the podcast, inadmissibility provisions authorising removal to Rwanda are already part of the Immigration Rules: 345C. When an application is treated as inadmissible, the Secretary of State will attempt to remove the applicant to the safe third country in which they were previously present or to which they have a connection, or to any other safe third country which may agree to their entry. Putting these rules in the new Act does make it harder to challenge the Rwanda scheme in court. But Sonia Lenegan says lawyers are nothing daunted, with two crowdfunded legal challenges already in the works. I understan

Welcome to episode 99 of the Free Movement immigration update podcast. This month we start with statements of changes to the Immigration Rules on Ukraine, ten-year routes to settlement and the suite of new business visas. I then try not to get too cross about Comprehensive Sickness Insurance before turning to cases on small boats, the Home Office’s duty of candour (hah!) and human trafficking. We finish on the latest deprivation of citizenship statistics. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening

The Office of the Immigration Services Commissioner is changing. For one thing, there will soon be no office — or at least, not a physical one. The OISC is ditching its London headquarters and going fully remote, as well as regional. From 1 April, its staff will be assigned to a particular patch and told to get out into the community to find out what’s going on in the immigration advice world. The Immigration Services Commissioner, John Tuckett, wants a more “proactive” regulator that strikes a better balance between its two core functions: regulating OISC advisers and stamping out the illegal activities of unregulated ones. Regulation will be less prescriptive, involving “partnership working whereby people can assess themselves, maybe carry out self-audit as well as us auditing them — rather than us doing it all as a Big Brother-type approach”.  He’s also after more enforcement powers from the Home Office, the better to “disrupt the criminal activity that’s going on”. The reformed OISC will place less

Welcome to episode 98 of the Free Movement immigration update podcast. This month we’ve got a load of different topics to cover, from fees, investor visas and CSI to asylum, age assessments and appeals. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement podcasts click here. The downloadable 30-minute podcast follows the running order below. Timestamps indicate when a particular section begins. Fees Supreme Court upholds government’s right to set child citizen

Closing the Investor visa route to new applicants with immediate effect was necessary, the Home Secretary said this week. If potential applicants had been given a decent period of notice, it might have attracted a last-minute flood of undesirables who “may not comply with the requirements of the Immigration Rules or who may pose national security risks”. To which Sophie Barrett-Brown and Hazar El-Chamaa, my guests on the podcast this week, respond: why would you be granting visas to people who don’t qualify or threaten national security? The Home Office had plenty of existing powers to turn away applicants who can’t prove their money is clean or who seem that bit too close to the Kremlin. Shutting the whole thing down is disproportionate; doing so immediately, a blow to the UK’s reputation as a stable jurisdiction under the rule of law. But we are, as so often, where we are — so what are the options now for bringing the world’s wealthy into the UK? The Home Office says that changes to the notorious Innovato

Welcome to episode 97 of the Free Movement immigration update podcast. This month we cover quite a few different asylum issues, a bit on visas for social care workers, EU rights, marriages of convenience and finishing on the hot topic of citizenship deprivation. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement podcasts click here. The downloadable 26-minute podcast follows the running order below. Timestamps indicate when a particular section begins. Illegal worki

One of the Home Secretary’s more startling powers is to take people’s British citizenship away where they acquired it by fraud or it is “conducive to the public good”. In the latter case, losing citizenship often amounts to exile in the interests of national security: the tactic is to wait until the person is abroad before making the deprivation order. Under the Nationality and Borders Bill, the person need not be told about the order at all. The Home Office tells us that this power is used “sparingly”. Between 2010 and 2018, “only around 19 people a year were deprived of their citizenship on ‘conducive to the public good’ grounds”. Whether that is rare or routine depends on your point of view, but the average conceals an upward trend in recent years (insofar as figures are available). This week alone, Free Movement covered two separate appeals against citizenship deprivation — one of which was argued by our latest podcast guest, Alasdair MacKenzie of Doughty Street Chambers. I spoke to Alasdair about the l