Let's face it, August was a rough one and hopefully most of you managed to escape it for a summer holiday at some point, in which case you definitely need Sonia and Barry to help catch you up! The UK announced its new arrangements to return people arriving across the Channel to France, hotels used as asylum accommodation hit the headlines as far right protests hit the streets, and the latest immigration and asylum statistics were out - with some notable omissions. In addition to this, Barry covers an unsuccessful attempt by the Daily Mail to publish the personal details of a woman who lacks mental capacity as well as a new registration process for Irish citizens to become British.Barry also covers the very sad case of a woman who was unsuccessful in her challenge to a refusal of indefinite leave to remain. Sonia highlights an unreported but useful case on public order disqualifications in trafficking claims, an essential read for anyone working on those cases. She also looks at an important change to practice in the First-tier Tribunal which has been endorsed by the Upper Tribunal. All this and more in our August roundup! The 41 minute podcast follows the running order below:Statistics (00:45)Latest statistics raise questions around sustainability of Home Office asylum decision making Briefing: the sorry state of the UK asylum system Asylum (07:00)Briefing: how to come to the UK from France under the UK/European Applicant Transfer Scheme Expression of interest form for France to UK transfers goes live What do we know about the UK-France agreement on asylum returns? Trading in human lives: unpacking the UK/European transfer scheme Daily Mail publisher loses attempt to lift anonymity order Home Office wrongly issued biometric residence permit to person refused asylumChallenge to public order disqualification dismissed by Upper Tribunal Epping Council succeeds in interim relief preventing use of hotel as asylum accommodation Nationality (18:40)Simplified registration process for Irish citizens comes into force Detention (21:30)Common issues with immigration bail conditions Human rights (22:20)Refusal of indefinite leave to remain because of false passport conviction upheld by Upper Tribunal Work routes (27:50)Changing employers on a skilled worker visa Procedure (32:00)Upper Tribunal endorses practice of judges considering permission to appeal applications against their own decisions Procedural fairness challenge succeeds in Hong Kong case Updates (37:50)How to make a complaint to the Home Office Good character and criminal convictions in British citizenship applicationsBriefing: the inadmissibility process in asylum claimsHow to apply for a UK domestic worker visaWhat safe and legal routes are available for refugees to come to the United Kingdom?
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40:43
Immigration roundup: July 2025
July was actually a fairly busy month! Join Sonia and Barry as they run you through what happened, including the changes to the skilled worker route, everything that happened on Afghan resettlement, recent changes to the EU Settlement Scheme and the latest instalment in a far too long running Palestinian case. An article from BID flagging up a really important change being proposed to cautions got a huge number of views and has hopefully helped to raise awareness.Other cases included one involving a questionable practice by the Home Office relating to people in prison, a successful challenge to a sponsor licence revocation. Barry and Sonia also discussed the wisdom of civil penalty appeals, the latest on climate change litigation and an important update for anyone filing judicial reviews in the Administrative Court. That's not even all of it!The 43 minute long podcast follows the running order below:Statement of changes (00:50)Afghan scheme closed immediately and major changes to skilled worker route – statement of changes: HC 997 Asylum (02:10)Secret Afghan resettlement scheme set up after government data breach Successful challenge to transparency of Triples review of Afghan resettlement rejectionsWhat does the ICJ’s advisory opinion on climate change mean for displaced people?The Climate Mobility Case Database: a new movement to advance the rights of climate-displaced communities Palestinian family succeed in their latest battle to reach the UK Deportation (12:30)Concern over new police powers to ensure more foreign nationals are removed from the country Home Office failed to consider human rights claim before making deportation decisionDetention (18:40)Student held to be unlawfully detained after Home Office wrongly cancels leave Work routes (19:50)Extending a skilled worker visa without a certificate of sponsorship Care provider successfully challenges revocation following Home Office salary miscalculations Failed challenge shows that civil penalty appeals can be unappealing EUSS (28:50)Changes to the absence rules for EU Settlement Scheme How does absence from the UK work under the EU settlement scheme? Procedure (34:00)Which settlement category (and form) to use when completing ten years of lawful residence Upper Tribunal decision on evidential flexibility and accepting new evidence in administrative reviews Administrative Court gives guidance on handling e-filing issues Updated (41:00)There is no 180 day a year rule for visitors to the UKNaturalising as a British citizen: the intention to settle requirementWhat is the immigration skills charge?Briefing: what is the English language requirement?
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42:43
Immigration roundup: June 2025
Time for your June round up of all things Free Movement - and Barry is back! In this month's episode both Sonia and Barry divulge some rather niche interests, while discussing the second latest (!!) statement of changes, the Migration Advisory Committee's review into the minimum income requirement, the legal aid crisis (the increase was announced the day of recording) and impact on the tribunals. They also looked at difficulties for both Afghan women and Ukrainians seeking protection in the UK. Cases included a mystifying decision by some legal representatives to ignore a helpful email from the Home Office, some guidance on bringing Cart judicial reviews under the new restrictions, a certificate of travel refusal and more!The 37 minute long podcast follows the running order below:Statement of changes (01:30)Statement of changes: HC 836 sees changes to permitted absences for EU Settlement SchemeAsylum (02:40)The Home Office is refusing Ukrainians’ protection claims and telling them to leave the UKLegal aid crisis worsens with shortage of immigration and asylum advice throughout the UKImmigration tribunal appeals backlog up 80% to 90k outstanding cases The uncertain future for Afghan women seeking asylumTribunals “required to use common sense” in claims of monitoring by a foreign stateCourt of Appeal finds Home Office justified in refusing certificate of travelFamily (16:30)Committee advises against further increase to minimum income requirement for familiesProcedure (22:05)Lawyer error results in invalidity of settlement application Court of Appeal finds jurisdiction in Cart judicial review under “natural justice exception”Work routes (28:12)High Court rules sponsor should have been given chance to make representations before licence revocationVisitors (29:42)Upper Tribunal upholds Home Office decision that visitor intended to reside in UK through “frequent and successive visits”Immigration Advice Authority (32:15)What can you do as a Level 1 Immigration Advice Authority adviser?Updated (33:30)What are the continuing professional development requirements for immigration lawyers?Briefing: the support system for migrant victims of human traffickingBriefing: the seasonal worker visaWhat safe and legal routes are available for refugees to come to the United Kingdom?Should refugees claim asylum in the first safe country they reach?What is the difference between refugee status and humanitarian protection?Top tips for making complex refugee family reunion applicationsBriefing: What rights do refugees have under the Refugee Convention?
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36:52
Immigration roundup: May 2025
May is over and the immigration white paper has finally been published, so Sonia spends a bit of time at the beginning of this month's podcast reliving the horrors of that. Andrew covers a very wide range of topics in this episode, from deprivation of citizenship to "self sponsorship" to deportation of EU nationals to visitors. Sonia goes on (yet another) rant about eVisas. If there is a potential audience for Andrew's offer of a ten hour podcast purely listing eVisa complaints then do let us know and we'll consider it! All this and much more. The 45 minute long podcast follows the running order below:Immigration white paper (00:52)The immigration white paper has been publishedWhat does the immigration white paper say about workers and students?What does the immigration white paper say about family, deportation and other areas?Immigration white paper impacts on the Higher Education sector and international studentsImmigration white paper – the case for optimism and what sponsors should doPoints based system (09:05)Your questions answered: the ‘Self-Sponsorship route’ for overseas businesses establishing a UK presenceBriefing: an employer’s guide to section 3C leaveAsylum (15:20)Latest statistics show that only two Syrian people have been granted refugee status this yearFresh claim rejection successfully challenged in Upper TribunalEU Settlement Scheme (19:30)Poor drafting of Appendix EU criticised again by Court of AppealDeportation (24:20)‘Life in Germany is not significantly different from life in the UK’: EU nationals and the ‘insurmountable obstacles’ testImmigration Advice Authority (29:15)What can you do as a Level 1 Immigration Advice Authority adviser? Immigration adviser loses appeal against refusal to raise registration levelVisitors (32:30)Potential border problem caused by discrepancy between ETA and visitor suitability rulesChallenge to refusal of visitor visa dismissed by Court of AppealProcedural (38:10)Upper Tribunal reiterates correct process for applying for permission to appealeVisa failures preventing access to public fundsNationality (41:15)Supreme Court dismisses appeal against deprivation of British citizenship by woman in SyriaUpdates (43:48)How much does it cost to sponsor someone for a UK work visa?How child relatives of refugees can apply to enter or remain in the UKHow to become an Immigration Advice Authority Level 1 regulated adviserBriefing: How expensive are UK immigration applications and is this a problem?What amendments are being made to the Border Security, Asylum and Immigration Bill?Youth Mobility visa: what is it and how does it work?How to apply for a Temporary Work – Creative Worker visa
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45:40
Immigration roundup: April 2025
It was a relatively quiet April ahead of what looks to be a busy May. Sonia is joined by Andrew again this month. Sonia runs through the amendments made at committee stage of the Border Security, Asylum and Immigration one and despaired over the lack of attention given to the case where the UK detained a Brazilian tourist for eight weeks. Andrew looks at Asylum Aid's successful statelessness challenge as well as a really interesting piece on discrimination against non-EEA nationals with pre-settled status. There were also lots of case updates, including on fee waivers in indefinite leave applications, successful and unsuccessful skilled worker cases, and much more!The following posts were covered in this episode:What amendments have been made to the Border Security, Asylum and Immigration Bill?Asylum (03:45)New Iran country policy and information note on social media, surveillance and sur place activities First-tier Tribunal wrong to allow appeal based on a grant of humanitarian protection that did not exist Court of Appeal considers standard of proof for internal relocation Family (08:00)Asylum Aid wins High Court challenge to the statelessness family reunion rules The armed forces immigration rules: what are they, why do they exist and what are the challenges? Home Office guidance on discretionary indefinite leave for children held to be unlawful Is it discriminatory to prevent non-EEA nationals with pre-settled status from being joined in the UK by their spouse? Visitors (22:40)Brazilian tourist unlawfully detained after “volunteering” in a hostel Work routes (24:40)Court of Appeal rejects student’s attempt to switch into skilled worker route Challenging the suspension and revocation of a sponsor licence Successful challenge to cancellation of skilled worker leave after Home Office errors Guidance on “exceptional assurance” Covid policy given by Court of Appeal Updated (40:30)Refugee family reunion: a user’s guideFee waivers for applications made outside the UK: who can qualify and how to applyBriefing: the sorry state of the UK asylum systemA guide to right to work checksA guide to making fresh claimsWhat are the financial requirements for UK spouse and partner visas?
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