Free Movement

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 claims
Home Office decision to remove public funds from Diego Garcia asylum seekers was unlawful, Upper Tribunal finds
Convicted murderer excluded from protection of Refugee Convention
Why the latest attempt to deter asylum seekers won’t work
Asylum support: what is available and what has changed

Statement of changes (11:05)
Statement of changes HC 1691: changes for refugees, skilled workers, children and more

Settlement (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 deportation

Procedure (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 now
Three months is enough: High Court confirms approach to salary assessment in sponsor licence revocation case
When 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 claims
Massive reduction in the backlog but questions over quality of decision making in latest trafficking statistics
Latest statistics: overall decline in visa grants and concerns as Syrian asylum success rate plummets
No breach of public sector equality duty by Home Office when housing LGBTQ+ asylum seekers

Visitors (12:02)
What to do if you are stopped and refused entry at the UK border

Settlement (13:46)
Can I apply for indefinite leave to remain early?
A fairer pathway? How the “earned settlement” proposals risk discrimination against migrant women

EU 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’ policy
High Court gives guidance on delay in applying for judicial review and human rights jurisdiction

Deportation (27:37)
Man stranded abroad challenges Home Office deportation decision taken whilst travelling

Procedure (29:29)
How to challenge closure of a bank account on immigration grounds
Tribunal criticises two more immigration lawyers for suspected citation of AI-invented fake case law

Updated (32:00)
Youth Mobility visa: what is it and how does it work?
How to apply for a UK spouse or partner visa
How 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 accommodation
Home Office U-turn over grants of leave to trafficking victims after legal challenge
High Court finds the Home Secretary’s approach to making public order disqualification decisions is unlawful
Concerns raised about changes to Home Office’s country evidence on Pakistan for LGBT+ people
The Home Office’s unsafe journeys policy is dangerous

Child settlement applications (13:53)
Important Court of Appeal ruling on children’s settlement applications

Artificial 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 Appeal

Visit visas (26:36)
Costs awarded by Court of Appeal in visit visa delay case

Legal Ombudsman (28:29)
Partial success for immigration barrister in challenge to Legal Ombudsman decision

Deprivation of citizenship (29:04)
Supreme Court addresses fairness concerns in deprivation appeals

Work routes (31:45)
The appeal of judicial discretion in civil penalty appeals: Court of Appeal grants permission
Care home refused permission in challenge to revocation of sponsor licence for underpaying staff

Deportation (36:53)
Court of Appeal dismisses deportation appeal despite evidence of rehabilitation

Updated (41:19)
Briefing: the sorry state of the UK asylum system
Briefing: how to apply for a high potential individual visa
Making sense of sole responsibility for child visas in immigration law

That's officially a wrap on 2025 as Sonia and Barry run through December's various happenings, including the final statement of changes for the year and our latest resources on the earned settlement proposals. The Border Security, Asylum and Immigration Act is now in force and the latest tribunal statistics show that the Home Office's insistence on filling the appeals system with challenges to poor quality decisions remains a huge problem.

Sonia talks about the resumption of processing of settlement protection applications from Syrian nationals. There were also lots of case updates as usual, including a particularly egregious one covered by Barry where the Home Office left a man street homeless in Turkey for months. We finished up with a reminder about the important of awareness about vicarious trauma, and an update on some changes at Free Movement along with a new vacancy.
The 48 minute podcast follows the running order below:

Statement of changes (01:45)
Visit visa requirement imposed on Nauru because of “Citizenship by Investment” scheme

Earned settlement (07:20)
Briefing: the implications of the “earned settlement” proposals and what they might mean in practice

Asylum (08:23)
Home Office recommences processing of Syrian settlement applications
The Border Security, Asylum and Immigration Act 2025 is in force – what has changed?
Court of Appeal upholds right to appeal in asylum support cases where Home Office withdraws claim
First-tier Tribunal appeal receipts up 123% in a year, amid continuing concerns about Home Office decision making

Citizenship (15:35)
Home Office must consider whether to exercise discretion in Windrush cases

Students (19:15)
Court declares University’s failure to rescind its withdrawal of sponsorship as unlawful

Detention (23:20)
High Court finds safeguarding failures by Home Office at Brook House detention centre
Emergency travel document delays lead to detention challenge

Deportation (25:55)
Home Secretary ordered to allow man to return to UK after telling airline not to fly him and cancelling his eVisa
Court orders grant of indefinite leave in case with historic conviction

EU Settlement Scheme (34:22)
Court of Appeal denies derivative rights of residence to the children in education of former self-employed EU citizens

Work routes (36:40)
High Court clarifies meaning of “non-genuine vacancy” in sponsor licence revocation

Family (38:00)
Does ‘could’ mean a ‘mere possibility’? Court of Appeal looks at exceptional circumstances and financial requirements under Appendix FM

Well-being (43:45)
Vicarious trauma: what practitioners need to know

Updated (45:55)
Suitability refusals: owing a litigation debt to the Home Office
Will I need Electronic Travel Authorisation to enter the UK?
What is the immigration skills charge?
What safe and legal routes are available for refugees to come to the United Kingdom?

Blog news (46:25)
New Editor at Free Movement

What a month. Sonia kicked off the podcast with a runthrough of the major policy proposals which came out in November, including the changes to refugee settlement periods and a look at the earned settlement proposals (though not in too much detail as she is doing a full webinar with Colin on the topic for Free Movement members on Wednesday 10 December at 11am). Barry had provided oral evidence to the House of Lords’ Justice and Home Affairs Committee inquiry into Settlement, Citizenship andIntegration the day before we recorded, so he gave us an update on that (as mentioned by Sonia, the call for written evidence is here and the deadline is 23 January 2026).
Sonia also ran through some of the lowlights from the latestquarterly statistics and gave updates on the latest eVisa and section 3C leave challenges. Barry looked at a useful post on what MPs are able to help with in immigration matters, and added his expert insights to posts on unmarried partner applications as well as a recent reported case on overseas adoptions. There were also several case updates and much more!

Policy (01:20)
Home Secretary opens consultation on “earned settlement”
Home Secretary announces major asylum and other changes in new policy paper: “Restoring Order and Control”
Latest statistics: gaps in Home Office’s family data give cause for concern in light of earned settlement proposals
 
Procedure (16:15)
What can MPs do to help their constituents in immigration and asylum cases?
Section 3C leave challenge adjourned for further consideration of impact on children
Permission granted for judicial review of the Home Office’s eVisa policy
 
Citizenship (18:55)
Man who used false identity to obtain British citizenship loses appeal against deprivation
 
Family (19:50)
Adult siblings in Gaza case unable to establish family life under article 8
Navigating the unmarried partner route under Appendix FM
When is an overseas adoption recognised for UK immigration purposes?
 
Deportation (30:10)
Revocation of deportation order case fails in the Court of Appeal  
Withdrawn certification decision does not reinstate leave in deportation cases  
 
Work routes (31:50)
Skilled worker visa correctly refused because applicant was on immigration bail
 
Immigration Advice Authority (32:30)
Who is exempt from Immigration Advice Authority registration and exams?
 
Visiting (33:30)
Do I need a visa if I’m transiting through a UK airport to another flight?
Visit visa application wrongly refused four times by Home Office
 
EU Settlement Scheme (40:00)
Upper Tribunal stops Home Office resiling on a concession that the EUSS derivative rights rules were met
Four in five EU Settlement Scheme administrative reviews waiting more than two years for a decision
 
Updated (41:40)
Suitability refusals: owing a debt to the NHS