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Free Movement

Free Movement
Free Movement
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140 episodi

  • Free Movement

    Immigration roundup: April 2026

    05/05/2026 | 35 min
    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 persecution
    European Court rules return of Hazara Afghan national would breach Article 3
    Asylum hotel accommodation unlawful where it fails basic standards of adequacy
    The importance of early clarification of grounds of appeal
    Final Diego Garcia migrant moved from the military base to the Maldives

    Family 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 condition
    When domestic abuse survivors don’t fit the rules: options and risks
    Adoption 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    High Court finds Afghan relocation refusal unlawful and unpublished guidance is withdrawn 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 policy

    Work (31:40)
    Confusing changes to sponsor right to work checks: what has changed and what is still unclear

    Procedure (33:27)
    Applications for costs in immigration cases: what practitioners need to know
  • Free Movement

    Immigration roundup: March 2026

    02/04/2026 | 31 min
    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?
  • Free Movement

    Immigration roundup: February 2026

    05/03/2026 | 33 min
    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
  • Free Movement

    Immigration roundup: January 2026

    05/02/2026 | 43 min
    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
  • Free Movement

    Immigration roundup: December 2025

    09/01/2026 | 48 min
    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

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Su Free Movement

Updates and comment on UK immigration law
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