Free Movement

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

Our October round up is here! Barry does the honours thistime around with the statement of changes and Sonia foreshadows some bad news potentially coming next week. Barry shares an AI horror story that is really one for the ages (so far) after Sonia’s segment on the latest lawyers to fallfoul of AI hallucinated case citations. We also cover a new briefing on biometric excuses and predeterminations, sponsor licence enforcement, the rules around supplementary (not secondary) employment and new legislation in force on deprivation cases.
There are also loads of new cases, from a grandmotherbattling a 23 year old deportation order so that she can join her family in the UK, to some dodgy interviewing practices by the Home Office, unrepresented appellants and decisions on the papers, and Sonia and Barry do their usual scratchingof heads over the Home Office’s decision to fight a fairly obvious case about an email all the way to the Court of Appeal.
The 37 minute podcast follows the running order below:

Statement of changes (02:00)
Date set for commencement of new student, graduate and work immigration rules
New suitability rules will apply to Appendix FM and other human rights applications
Visa requirement imposed on Botswana nationals to prevent asylum claims
 
Procedure (15:20)
Two more immigration lawyers facing potential disciplinary proceedings for misuse of AI
How to apply to come to the UK when you can’t travel safely to enrol your biometrics
Immigration enforcement interview at train station ruled procedurally unfair
Some appeals should still be listed for a hearing even where an unrepresented appellant has not asked for one
Court of Appeal finds it arguable that student did not receive Home Office email cancelling his leave
 
Work routes (27:18)
When is supplementary employment permitted and what are the rules?
Surge in sponsor licence enforcement: what immigration practitioners need to know  
 
Detention (30:50)
High Court clarifies the limits of electronic monitoring immigration bail powers
 
Human rights (31:45)
Grandmother to remain separated from her family after Home Secretary success in deportation case  
Successful challenge to certification of human rights claim for gay man
 
Nationality (34:20)
What does the new law on deprivation of British citizenship do?
Upper Tribunal gives guidance on children’s best interests in deprivation appeals
 
Updated (35:30)
Briefing: what is the Common Travel Area and how does it work?
Briefing: “Hamid” disciplinary hearings for immigration lawyers
What is the Independent Chief Inspector of Borders and Immigration?
Briefing: what is the ‘right of abode’ in UK immigration and nationality law?
Age assessments: what happens when a child arrives in the UK?
How to apply for a UK expansion worker visa

September brought us a new Home Secretary who immediately made some inaccurate comments about “last minute” legal challenges to removal and the modern slavery identification system, so Sonia looked at those in this month’s podcast. Sonia also covered the final act of the previous Home Secretary, which was the closure of the refugee family reunion route. Refugees do still haveother options, but with a lot more hurdles and delays in place.
Barry discussed the case of the Palestinian refugee wherethe Home Office withdrew the refusal of his asylum claim the day before the appeal hearing indicating that refugee status would be granted, only to refuse it again following publicity of the case – prompting a further legal battle. Barry also looked at changes to the early removal scheme for foreign national offenders, as well as the case of an ill-advised use of AI by an immigration barrister that led to a referral to the Bar Standards Board. All this and much more!
Reminder – if you want to book any of our upcoming trainingcourses, you can find them all here.
The 40 minute podcast follows the running order below:
Asylum (02:55)
The reality behind “last minute” legal challenges to removal
Briefing: is the modern slavery identification system in the UK being misused?
Home Office amends modern slavery guidance to facilitate returns to France following High Court decision
Palestinian refugee forced to wait further 18 months for refugee status after Home Office change of position
Refugee family reunion route closed in statement of changes: HC 1298
What now for refugee family reunion applications?
 
Deportation (22:50)
A look at the upcoming changes to the early removal scheme for foreign national offenders
 
Procedure (27:50)
Tribunal lacked jurisdiction to consider human rights appeal where no notice filed
Procedural fairness in visit visa applications
Barrister referred to regulator following misuse of AI in immigration appeal
 
Work routes (37:35)
Care worker found working in restaurant loses legal challenge
Explainer: navigating the Shortage Occupation List, Immigration Salary List and Temporary Shortage List

Updated (40:12)
How to access old versions of Home Office guidance and identify any changes
Exceptional circumstances in a spouse or partner visa application under Appendix FM
Visas for children under Appendix FM of the immigration rules
British by descent: when the child of a British citizen is not themselves British
How to apply for an International Sportsperson visa
General grounds for refusal: understanding mandatory refusal periods