Free Movement

In the latest round-up, Mala is back with Jasmine to discuss everything that happened in October.Jasmine looks at the latest trafficking statistics, which show a record number of referrals to the National Referral Mechanism. The success rate for reconsideration requests is still very high, too. We also talk through the proposed 'credibility test' for potential victims of trafficking in the Immigration and Asylum Bill. Mala had a number of cases, including JCK, which gives guidance on the higher standard of proof in asylum claims, along with a challenge to a British citizenship refusal under the good character requirement . Plus, another AI horror story. This one involves AI-generated forged documents, which the tribunal admits are increasingly difficult to distinguish from genuine ones.And more!Asylum & protection (00:18)Trafficking referrals increase while government targets ‘misuse’Proposed trafficking credibility rules risk punishing victims for being victimsUpper Tribunal provides further guidance on higher standard of proof in asylum claimsCertification challenge fails but Home Office concedes unlawful separation of detained coupleFamily & human rights (18:43)Is the government legislating against a caricature of Article 8?Is Part Suitability being applied lawfully to Hong Kong BN(O) applications?Visitors (26:43) Iraqi national successfully challenges visit visa refusal in SIACCitizenship (30:07) High Court dismisses challenge over good character restrictions for registration as a British citizenEnforcement (33:52) New Home Office policy on expanded scope of conditional cautions against foreign nationalsProcedure (37:50) Upper Tribunal reaffirms Tanveer Ahmed as AI makes forged documents easier to produce Administrative Court tightens approach to urgent judicial review applicationsNew briefings (45:00)Child abduction and asylum: where are we now?Using the Public Sector Equality Duty in immigration casesMissing evidence in immigration applications: how evidential flexibility worksFree movement gains support where it brings benefits to trade and opportunities for UK citizens

The big news last month was statement of changes HC 584 which introduces a new form of relief for skilled workers who are recognised as victims of modern slavery, and makes changes to how section 3C leave is used, amongst other things. Jasmine covers the Immigration Advice Authority’s announcement that it is overhauling its competence assessments and explains how candidates can prepare for the changes.On the case law front, we look at the case of an Albanian national who was deported despite being recognised as a victim of trafficking. We also discuss a relatively novel procedural decision in which the First-tier Tribunal treated an appeal as abandoned. Isaac talks us through the new ‘single protection interview’ guidance and what it is likely to mean in practice.Finally, we cover several developments in compliance and enforcement for skilled worker sponsor licence holders. The Home Office is tightening enforcement, and licence revocations are at an all time high, particularly in the care sector. All that and more.Statement of changes (00:30)Statement of changes HC 584: sponsorship rules eased for modern slavery victims and return of Erasmus+Modern slavery victims on Skilled Worker visas to receive major new relief, but implementation details are keyTwo rule changes narrow the use of section 3C leave from 8 OctoberImmigration Advice Authority (07:22)IAA overhauls competence assessments and registration processAsylum and protection (14:03)Asylum appeal backlog coming under controlPast trafficking alone does not mean certifying asylum claim was incorrectNew single protection interview guidance publishedNo right of appeal where appeal abandonedWork and study (28:10)Faster cancellation of Skilled Worker permission demonstrates the enforcement grip is tighteningHome Office crackdown on care providers: from exploitation to routine compliance issuesLicence revocation quashed in Moon Fish but reporting duties still stringentHigh Court upholds student visa brake and dismisses challenge by seven claimantsNew briefings (40:26)Global Talent: the new design industry routeHow to instruct a country expert

Jasmine is back with Mala Savjani, partner at Wilsons Solicitors, for August's round up of immigration law news. Mala talks through the latest quarterly statistics which show immigration, asylum and citizenship numbers all falling, and why the Supreme Court found an illegal working civil penalty notice to be invalid. We discuss two important Upper Tribunal cases, one sets out what makes a good country expert report, and the other is the long-awaited country guidance on Albanian male victims of trafficking. We also cover the statement of changes lifting work restrictions for skilled workers with a positive conclusive grounds decision (more on that next month), and a case on the restricted nature of Article 8 family life. Jasmine explains why an appeal brought for a child without valid instructions is no appeal at all and the importance of evidencing future intentions in the UK when it comes to registering a child as British under section 3(1) of the British Nationality Act. Plus lots more.Immigration statistics (00:28)Latest immigration statistics: immigration, asylum and citizenship numbers all fallAsylum and protection (04:02)Upper Tribunal provides guidance on what makes a good country expert reportNew Country Guidance case for Albanian male victims of traffickingHome Office concedes that trafficking survivors with skilled worker visas can have their leave varied to VTS leaveFamily (15:01)Court of Appeal reiterates restricted nature of Article 8 family lifeChildren (17:45)An appeal brought on behalf of a child without valid instructions is no appeal at allWork (20:35)Supreme Court finds illegal working civil penalty notice invalid for failing to specify the basis for liabilityCitizenship (23:14)Challenge to citizenship refusal under section 3(1) by stateless children refused for lack of supporting evidenceVisitors (25:56)Gaza visit visa refusal amounted to a human rights refusal despite the wording of the decision letterVisitor visa applicants must be allowed to respond to ‘not genuinely seeking entry’ allegationNew briefings (32:42)How to respond to the Home Office if a sponsor’s licence is suspendedHow to handle counter-allegations in domestic abuse casesWhy does a positive trafficking decision not automatically establish an asylum claim?How to apply for immigration bail

Isaac Abraham is back to join Jasmine for this month's episode. It's a bit of a longer one this month as we dedicated the first section to the big news that was the Immigration and Asylum Bill. Isaac has explained the bill's different parts and its passage through Parliament so far.Jasmine goes through the most recent statement of changes and then a number of cases, including a successful challenge from a trafficking victim who was forced at gunpoint to steer a small boat across the Channel. Isaac looks at two separate Home Office actions that have been found unlawful, including the secret policy capping trafficking leave to 12 months and the removal of the right to request reconsideration of a trafficking decision. There were also two quite shocking fraud cases and a reminder to solicitors to watch out for 'red flags'.We also highlight the changes to right to work checks coming in from 1 October. Plus much more!Immigration and Asylum Bill (00:41)What’s in the Immigration and Asylum Bill 2026?Statement of changes (13:08)Statement of Changes HC 259: changes to children’s settlement rules under Part 8 and exception to immigration bail prohibitionAsylum and protection (15:13)Refugee families left in limbo as challenge to suspension of refugee family reunion route is dismissedOver 1,000 people seeking sanctuary convicted of illegal arrival in the UKSuccessful legal challenge for survivor of trafficking forced to steer small boat across ChannelSecret Home Office policy capping trafficking leave at 12 months declared unlawfulHome Office acted unlawfully by removing reconsiderations for trafficking decisionsProcedure (33:48)Immigration firm criticised for failing to identify possible client fraud‘Well-oiled’ fraudulent business machine behind fake judicial review claims uncoveredBusiness (39:38)Right to work checks are changing: what employers need to know before October 2026High Court quashes sponsor licence revocation over unspoken dishonesty allegationOptions for care workers when an employer’s sponsor licence is revokedThe case for a dedicated UK fishing visaBriefings - new and updated (47:13)The Tameside duty of inquiry: what is it and why is it relevant to immigration law practitioners?Fee waivers: what can you do if you cannot afford to pay your immigration application fee?Applying for British citizenship by naturalisationGood character and criminal convictions in British citizenship applicationsSuitability refusals: alleged deception, false information and innocent mistakes

In this month's round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover the latest tribunal statistics, which make for grim reading as the asylum appeals backlog has climbed past 87,000 cases. With roughly twice as many cases coming in as going out, anyone lodging an appeal now faces a wait of close to three years.Mala then unpacks the judicial review challenges to the Home Office's good character citizenship policy. Jasmine and Mala also cover a Court of Appeal decision on Iranian sur place claims, a win for Freedom from Torture and the Helen Bamber Foundation over asylum accommodation protections, and a curious split between the English and Scottish courts on age assessments. Plus, the new compliance regime for universities, the English language test fraud allegations saga, settlement and more! Asylum and protection (02:03)Asylum appeal backlog rises to 87,450 casesHome Office withdraws refusals in good character citizenship policy challengesCourt of Appeal declines to give wider guidance on Iranian sur place claimsHome Office unlawfully removed asylum accommodation protections for torture and trafficking survivorsDivergent approach to age assessments adopted in different parts of the UKSettlement (19:15)Yet another case on criminality for pre-2012 discretionary leave holder seeking settlementBusiness and study (22:20)Compliance flashes red for universitiesThree rounds of sponsor guidance updates and what the latest changes mean for employersHigh Court strikes out Home Secretary’s fraud accusations in TOEIC damages claimBriefings - new and updated (30:58)Legal aid for immigration cases: what is in scope and how to applyGetting Global Talent endorsements right: what separates approvals from refusalsBriefing: the duty of refugee sea rescue in international lawHow to apply for entry clearance for victims of transnational marriage abandonmentAge assessments: how to challenge a negative decision

This month, Jasmine is joined by Isaac Abraham, a solicitor at the Islington Law Centre. They discuss the King’s speech and the latest immigration statistics, which show a fall in net migration and asylum claims, but a steadily growing appeals backlog. The number of sponsor licence revocations has also shot up. Jasmine interviewed Luke Piper last month about the devastation this is causing to sponsored workers, particularly in the health and care sector.Isaac discusses a number of new cases including a challenge by Syrian asylum seekers against removal to Bulgaria based on article 3 grounds and what happens to someone’s entitlement to benefits when they are subject to deportation proceedings. Jasmine talks about the problems that UK universities are creating for international student entrepreneurs and elsewhere there has been a judicial review challenge to the Home Secretary’s decision to grant temporary protection status of only 30 months to refugees. All this and much more! Immigration statistics and news (01:30)Latest immigration statistics show falls in net migration and fall in asylum claimsWork visas, employer crackdowns and the nationalities caught in the middleNearly 90% of conclusive grounds reconsiderations result in positive outcome and more UK referrals than everImmigration legislation re-announced in King’s SpeechAsylum and protection (16:13)We’re challenging the Home Secretary’s decision to grant temporary protection status of only 30 monthsUpper Tribunal finds arguable Article 3 breach in Bulgarian removal challengeFamily and human rights (23:42)Gurkha historic injustice does not remove the need to prove causationWhich takes priority: family or immigration proceedings?Students (30:37)Sold entrepreneurship, barred from business? The student visa trapCan a Student visa holder sit as a member of the Scottish Parliament? Yes, they canDeportation (37:45)Social security case looks at the interplay between deportation and entitlement to benefitsBriefings – new and updated (42:15)Briefing: registering a child as BritishRight to rent checks: a practical guide for landlords and letting agents in EnglandWhat is the no recourse to public funds condition?Briefing: how to apply for a religious work visaHow does absence from the UK work under the EU settlement scheme?Changes to the absence rules for EU Settlement Scheme

In the April round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover April’s most significant developments, which includes a Court of Appeal decision on what past ill-treatment actually has to look like to amount to persecution, a landmark European Court of Human Rights ruling on returns to Afghanistan, and a High Court judgment looking at whether single hotel rooms are ‘adequate’ for asylum-seeking families.They also discuss the ongoing saga of the last person stranded on Diego Garcia and practical guidance on domestic abuse cases where survivors fall outside the rules. Plus costs applications, surrogacy, sponsor right to work checks, and more.Asylum and protection (00:58)Past arrest and beating of Vietnamese protester does not amount to persecutionEuropean Court rules return of Hazara Afghan national would breach Article 3Asylum hotel accommodation unlawful where it fails basic standards of adequacyThe importance of early clarification of grounds of appealFinal Diego Garcia migrant moved from the military base to the MaldivesFamily and human rights (15:18)Home Secretary accepts she can grant further leave on the five-year route without the no recourse to public funds conditionWhen domestic abuse survivors don’t fit the rules: options and risksAdoption and surrogacy: when is a child born overseas British?High Court finds Afghan relocation refusal unlawful and unpublished guidance is withdrawn EU Settlement Scheme (27:16)Continuous residence under the EU Settlement Scheme: changes to automated settlement process and expanded cancellation policyWork (31:40)Confusing changes to sponsor right to work checks: what has changed and what is still unclearProcedure (33:27)Applications for costs in immigration cases: what practitioners need to know

In the March round-up, Jasmine is joined by Chris Dias to discuss a new practitioner's guide to children's protection claims, whether policies to deter asylum seekers actually work and what happens when the Home Office grants settlement by mistake. They cover a number of cases including the latest in the Diego Garcia saga and the Court of Appeal's approach to deportation and subjective fears of family members.Chris highlights the key points from the latest statement of changes and new sponsor compliance duties. They also cover some updated briefings, including the right to work for asylum seekers and the electronic travel authorisation scheme.Asylum and protection (00:44)A practitioner’s guide to commencing children’s protection claimsHome Office decision to remove public funds from Diego Garcia asylum seekers was unlawful, Upper Tribunal findsConvicted murderer excluded from protection of Refugee ConventionWhy the latest attempt to deter asylum seekers won’t workAsylum support: what is available and what has changedStatement of changes (11:05)Statement of changes HC 1691: changes for refugees, skilled workers, children and moreSettlement (15:14)What happens if the Home Office grants indefinite leave to remain by mistake?Deportation (17:15)Subjective fears of family members are relevant but not enough to prevent deportationProcedure (19:05)When can you get a refund for the immigration health surcharge?Is a person who obtained their leave by deception “lawfully resident”?Work (22:55)New sponsor compliance duties you need to act on nowThree months is enough: High Court confirms approach to salary assessment in sponsor licence revocation caseWhen would you ever use the secondary employment provisions?Updated articles (28:52)Can asylum seekers work while waiting for a decision on their case?Do I need an electronic travel authorisation to enter the UK?

In the February round up, Jasmine and Barry discuss the Home Office's new pilot for children's asylum claims and dig into the latest immigration statistics. They cover some crucial advice for clients, including what to do if you're refused entry at the UK border, whether you can apply for settlement early to avoid the new ‘earned settlement’ proposals and how to fight a bank account closure on immigration grounds.There is also new Home Office guidance on EU Settlement Scheme derivative rights, trouble for dual nationals without British passports and yet more lawyers being caught out by fake AI-generated case law. Asylum and protection (02:08)Home Office introduces pilot to speed up children’s asylum claimsMassive reduction in the backlog but questions over quality of decision making in latest trafficking statisticsLatest statistics: overall decline in visa grants and concerns as Syrian asylum success rate plummetsNo breach of public sector equality duty by Home Office when housing LGBTQ+ asylum seekersVisitors (12:02)What to do if you are stopped and refused entry at the UK borderSettlement (13:46)Can I apply for indefinite leave to remain early?A fairer pathway? How the “earned settlement” proposals risk discrimination against migrant womenEU Settlement Scheme (17:35)New Home Office guidance on EU Settlement Scheme: derivative right to reside (Chen and Ibrahim/Teixeira cases)Citizenship (19:43)Will the UK really ban dual nationals who don’t have a British passport?Permission granted in judicial review challenges to British citizenship ‘good character’ policyHigh Court gives guidance on delay in applying for judicial review and human rights jurisdictionDeportation (27:37)Man stranded abroad challenges Home Office deportation decision taken whilst travellingProcedure (29:29)How to challenge closure of a bank account on immigration groundsTribunal criticises two more immigration lawyers for suspected citation of AI-invented fake case lawUpdated (32:00)Youth Mobility visa: what is it and how does it work?How to apply for a UK spouse or partner visaHow to become an Immigration Advice Authority (formerly OISC) Level 1 regulated adviser

In Sonia's final episode, we cover the first substantive judgment concerning the use of “public order disqualification” powers in trafficking cases, an updated CPIN on Pakistan for LGBT+ people and the policy that's pushing people in conflict zones to make dangerous journeys to enrol their biometrics.Barry covers a really important judgment on children's settlement applications (a crucial read as things may change again later this year) and Sonia highlights the dangers of the use of AI by immigration lawyers. We finish up by discussing the (little) weight that rehabilitation carries in deportation appeals.Asylum and protection (01:17)Refugees at risk of street homelessness have until 16 January to extend their asylum accommodationHome Office U-turn over grants of leave to trafficking victims after legal challengeHigh Court finds the Home Secretary’s approach to making public order disqualification decisions is unlawfulConcerns raised about changes to Home Office’s country evidence on Pakistan for LGBT+ peopleThe Home Office’s unsafe journeys policy is dangerousChild settlement applications (13:53)Important Court of Appeal ruling on children’s settlement applicationsArtificial intelligence (21:00)Briefing: AI and immigration law – what guidance is there for lawyers?Windrush (25:03)Possibility of legal aid in some Windrush compensation cases opened up by Court of AppealVisit visas (26:36)Costs awarded by Court of Appeal in visit visa delay caseLegal Ombudsman (28:29)Partial success for immigration barrister in challenge to Legal Ombudsman decisionDeprivation of citizenship (29:04)Supreme Court addresses fairness concerns in deprivation appealsWork routes (31:45) The appeal of judicial discretion in civil penalty appeals: Court of Appeal grants permissionCare home refused permission in challenge to revocation of sponsor licence for underpaying staffDeportation (36:53)Court of Appeal dismisses deportation appeal despite evidence of rehabilitationUpdated (41:19)Briefing: the sorry state of the UK asylum systemBriefing: how to apply for a high potential individual visaMaking sense of sole responsibility for child visas in immigration law