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FREE MOVEMENT
Free Movement, created by Colin Yeo, provides updates and advice on immigration, EU, nationality and refugee law. Staffed by immigrationlawyers & experts.
EU RESIDENCE DOCUMENTS ARE NO LONGER VALID AFTER 30 JUNE As EU residence documents are issued in accordance with the EEA Regulations, they will no longer be valid when free movement law truly ends on 30 June 2021. After this date, holders of these documents will essentially be living in the UK unlawfully. This is due to the Citizens’ Rights Regulations 2020 and the Immigration Act 2020 whichbring
EU SETTLEMENT SCHEME APPEAL RIGHTS INTRODUCED EU Settlement Scheme appeal rights introduced. The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 ( SI 2020 No. 61) come into force on Brexit day — tomorrow, 31 January. They create a right of appeal to the immigration tribunal for people refused pre-settled or settled status under the EU Settlement Scheme. HOME OFFICE CAN'T JUST IGNORE POTENTIAL PERSECUTION EVEN Home Office can’t just ignore potential persecution even if there is no asylum claim. The Home Office’s compartmentalised approach to applications for permission to stay in the UK can sometimes cause problems. Not everyone’s claim fits neatly into pre-definedcategories.
GENERAL GROUNDS FOR REFUSAL: OWING A LITIGATION DEBT TO General grounds for refusal: owing a litigation debt to the Home Office. Statement of changes HC877, of 11 March 2016, gave the Home Office yet another power to refuse applications for leave to enter or remain in the UK. For all applications made on or after 6 April 2016, having a “litigation SUPREME COURT: DETENTION IS UNLAWFUL IF BASED ON UNLAWFUL Supreme Court: detention is unlawful if based on unlawful deportation order. The Supreme Court has found in the case of DN (Rwanda) v Secretary of State for the Home Department UKSC 7 that the detention of a Rwandan man facing deportation was unlawful because the deportation order on which detention Already a member? FRONTIER WORKERS LEFT IN BREXIT LIMBO Frontier workers left in Brexit limbo. When the word ‘chaotic’ no longer seems to adequately describe a situation you know things are getting bad. The government’s announcement and subsequent hasty retraction of its intention to end free movement on 1 November 2019 has served only to amplify levels of anxiety amongst EU nationals andthe
FREE MOVEMENT
Free Movement, created by Colin Yeo, provides updates and advice on immigration, EU, nationality and refugee law. Staffed by immigrationlawyers & experts.
EU RESIDENCE DOCUMENTS ARE NO LONGER VALID AFTER 30 JUNE As EU residence documents are issued in accordance with the EEA Regulations, they will no longer be valid when free movement law truly ends on 30 June 2021. After this date, holders of these documents will essentially be living in the UK unlawfully. This is due to the Citizens’ Rights Regulations 2020 and the Immigration Act 2020 whichbring
EU SETTLEMENT SCHEME APPEAL RIGHTS INTRODUCED EU Settlement Scheme appeal rights introduced. The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 ( SI 2020 No. 61) come into force on Brexit day — tomorrow, 31 January. They create a right of appeal to the immigration tribunal for people refused pre-settled or settled status under the EU Settlement Scheme. HOME OFFICE CAN'T JUST IGNORE POTENTIAL PERSECUTION EVEN Home Office can’t just ignore potential persecution even if there is no asylum claim. The Home Office’s compartmentalised approach to applications for permission to stay in the UK can sometimes cause problems. Not everyone’s claim fits neatly into pre-definedcategories.
GENERAL GROUNDS FOR REFUSAL: OWING A LITIGATION DEBT TO General grounds for refusal: owing a litigation debt to the Home Office. Statement of changes HC877, of 11 March 2016, gave the Home Office yet another power to refuse applications for leave to enter or remain in the UK. For all applications made on or after 6 April 2016, having a “litigation SUPREME COURT: DETENTION IS UNLAWFUL IF BASED ON UNLAWFUL Supreme Court: detention is unlawful if based on unlawful deportation order. The Supreme Court has found in the case of DN (Rwanda) v Secretary of State for the Home Department UKSC 7 that the detention of a Rwandan man facing deportation was unlawful because the deportation order on which detention Already a member? FRONTIER WORKERS LEFT IN BREXIT LIMBO Frontier workers left in Brexit limbo. When the word ‘chaotic’ no longer seems to adequately describe a situation you know things are getting bad. The government’s announcement and subsequent hasty retraction of its intention to end free movement on 1 November 2019 has served only to amplify levels of anxiety amongst EU nationals andthe
REPORT LAUNCH 8 JUNE 2021: DEPORTABILITY AND UK FAMILIES New research being launched on 8 June explores the impact of the UK’s immigration system on mixed-nationality families. At a webinar chaired by Baroness Shami Chakrabati, Dr Melanie Griffiths will speak about her research into how UK families are affected by a family member’s insecure immigration status and the threat (or reality) of separation through detention, removal or deportation. WHAT ARE THE UK IMMIGRATION RULES ON STATELESSNESS? Family members. People who do not have citizenship of any country in the world — the “stateless” — can get leave to remain in the UK because they have nowhere else to go. The criteria for this leave are found at Part 14 of the Immigration Rules. The Home Office also has guidance on Statelessness and applications for leave to remain. NEW IMMIGRATION JUDGES ANNOUNCED Three new immigration judges have been appointed to the First-tier Tribunal: Jonathan Austin, 56, criminal barrister at Linenhall Chambers; Roxanne Frantzis, 41, barrister and head of immigration at KBW Chambers; Trevor Hatton, 47, previously public law director at Duncan Lewis Solicitors; All have previous experience as part-time (“fee-paid”) judges but are now being taken on HOW MUCH DOES IT COST TO SPONSOR SOMEONE FOR A UK WORK For a small or charitable sponsor, the Immigration Skills Charge is 364 for the first year and £182 for each additional six months. So the cost of sponsoring someone for five years would be £1,820. For a medium or large sponsor, the charge is £1,000 for the first year and 500 for each additional six months. The cost of sponsoring someone SUPREME COURT TO HEAR APPEAL ON EU CITIZENS' ACCESS TO An update on the Fratila case, which in December 2020 saw the Court of Appeal hand down a very significant decision improving access to benefits such as Universal Credit for EU citizens with pre-settled status. A stay on that decision (i.e. it didn’t take legal effect) was in place until 26 February 2021 while the government considered anappeal.
LENGTHY ABSENCES FROM THE UK CAN PUT EU SETTLED STATUS AT The starting point is that EU citizens and their family members will qualify for settled status after completing “a continuous qualifying period of five years of residence” in the UK. Those living in the UK for less than five years qualify for pre-settled status instead, and can upgrade to settled status once they reach five years. WHAT ARE THE HARDIAL SINGH PRINCIPLES? Hardial Singh 1. The first of the four principles is: The Secretary of State must intend to deport the person and can only use the power to detain for that purpose. This is probably the least important of the principles in practice, although it is a hugely important safeguard on paper. It prevents the Home Office from detaining migrants for KENT TO SUE GOVERNMENT OVER CHILD REFUGEES Conservative-run Kent County Council is limbering up to sue the Conservative government over the number of child asylum seekers in the local authority’s care. GAME-CHANGER FOR SRI LANKAN TAMIL ACTIVISTS SEEKING ASYLUM The new Sri Lanka country guidance judgment in KK and RS (Sur place activities, risk) (CG) UKUT 130 (IAC) “clarifies and supplements” the previous decision in GJ and others UKUT 319 (IAC) “with particular reference to sur place activities”. GJ was a complicated and often seemingly contradictory decision with a headnote that led many asylum claims from Tamil activists to fail. HIGH COURT CONDEMNS TREATMENT OF ASYLUM SEEKERS UNLAWFULLY The High Court has condemned the treatment of asylum seekers crammed into a former military barracks in Kent. In a judgment laying bare the vile conditions at Napier barracks, Mr Justice Linden found that the site did not meet minimum legal standards for asylum accommodation; nor did the process for selecting those robust enough to cope with living there; and that the six claimants had This website uses limited cookies to ensure you get the best experience on our website. Learn moreGot it!
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Updates, commentary, training and advice on immigration and asylumlaw
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IMMIGRATION UPDATE PODCAST, EPISODE 70 22nd November 2019 By Colin YeoImmigration news
THE LABOUR MANIFESTO: END THE HOSTILE ENVIRONMENT 22nd November 2019 By Joanna HuntChildren
MY CLIENT’S 13-YEAR-OLD SON IS ALONE IN GHANA AND SHE CAN’T AFFORD 2,500 IN HOME OFFICE FEES TO BRING HIM HERE 22nd November 2019 By Bethan LantAsylum
IMMIGRATION JUDGES TOLD HOW TO HANDLE SOMALIAN REFUGEE CESSATION CASES 21st November 2019 By Alexander SchymyckImmigration news
THE LIBERAL DEMOCRAT MANIFESTO: BREAK UP THE HOME OFFICE 21st November 2019 By Chai PatelAsylum
54-DAY STOPOVER COUNTS AS “IN TRANSIT” FOR REFUGEE CONVENTION 20th November 2019 By Alexander SchymyckEnforcement
COMMENT: HOW TO FIX THE OVERSTAYING RULES 20th November 2019 By John VassiliouQUICK READS
15th November 2019
IMMIGRATION JUDGE GAVE IMPRESSION THAT HE “CONSIDERS ALL ASYLUM SEEKERS TO BE LIARS”15th November 2019
UPPER TRIBUNAL OPENS DOOR FOR TRAFFICKING CHALLENGES IN HUMAN RIGHTSAPPEALS
8th November 2019
NEW NHS VISA ANNOUNCED7th November 2019
ANY OVERSTAYING TECHNICALLY BREAKS LONG RESIDENCE, COURT OF SESSIONAGREES
6th November 2019
BROOK HOUSE ABUSE INVESTIGATION UPGRADED TO FULL PUBLIC INQUIRY6th November 2019
COURT OF APPEAL POURS COLD WATER ON CHALLENGE TO ALBANIAN COUNTRYGUIDANCE
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GOVERNMENT DROPS APPEAL IN CITIZENSHIP CASE WHERE GIRL’S MOTHER MARRIED TO SOMEONE ELSE A law preventing men from passing on British citizenship to their biological offspring where the child’s mother is married to someone else may now be reconsidered in light of a government decision to drop its appeal against a landmark ruling made la ... 19th November 2019 By Karma Hickman* Cases
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EU CHILDREN CAN BE LAWFULLY RESIDENT IN THE UK WITHOUT EXERCISINGTREATY RIGHTS
The Upper Tribunal judgment in MS (British citizenship; EEA appeals) Belgium UKUT 356 (IAC) confirms that certain EU citizen children in the UK can be considered lawfully resident for the purposes of Article 8 of the European Convention on Huma ... 19th November 2019 By Ben Amunwa* Cases
GOVERNMENT FORCED TO CHANGE TRAFFICKING APPEALS POLICY AFTER HIGH COURT FINDS IT UNLAWFUL Lawyers representing an Albanian woman suffering from appalling sexual exploitation have secured improvements in the system for reconsidering whether someone is a victim of human trafficking. Mr Justice Kerr found that the policy, which required offic ... 18th November 2019 By CJ McKinney* Asylum
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COMPLETE WITHDRAWAL OF ASYLUM SUPPORT BREACHES EU LAW The Court of Justice of the European Union has ruled that it is unlawful to completely withdraw all housing and financial support from an asylum seeker, even if they have breached the rules of an accommodation centre. In Case C-233/18 Haqbin v Federaa ... 14th November 2019 By Alexander Schymyck* Immigration news
10 OF THE MOST OUTRAGEOUS HOME OFFICE REFUSAL LETTERS Bureaucrats are not generally known for their creative thinking. But show a Home Office immigration official an application for asylum or a visa and watch their imaginations run riot. All these are real excuses, communicated in official government let ... 14th November 2019 By CJ McKinney* Immigration news
OBITUARY: IAN MACDONALD QC Ian Macdonald QC has passed away. He was the founder and father of immigration law in this country. He literally wrote the book when in 1983 he published the first edition of the now legendary Macdonald’s Immigration Law & Practice. It is now i ... 13th November 2019 By Colin Yeo* Cases
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COURT OF APPEAL REVISITS HUMAN RIGHTS IN IMMIGRATION APPEALS Following on from the Court of Appeal’s recent human rights “cheatsheet” in GM (Sri Lanka) v Secretary of State for the Home Department, we now have a gem of a sequel that is Lal v Secretary of State for the Home Department EWCA Civ 1925. ... 13th November 2019 By Bilaal Shabbir* Cases
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THE IMPORTANCE OF KEEPING THE HOME OFFICE UP TO DATE What happens when someone doesn’t receive a decision sent to them by the Home Office that affects their right to continue living in the UK? The answer to this question depends on what attempts were made to send the decision to the person and whe ... 12th November 2019 By Iain Halliday* Immigration news
CAMBRIDGE ACADEMIC FALLS VICTIM TO “LONG RESIDENCE” RULES ONEXCESS ABSENCES
A post by a young Cambridge academic refused indefinite leave to remain after spending a year abroad has triggered a viral Twitter outpouring of indignation and support – but did the Home Office get it wrong? Today I’ve been in the UK for 10 years ... 11th November 2019 By Karma Hickman * Events, products and reviews JOB AD: IMMIGRATION SOLICITOR, DOUGLASS SIMON Douglass Simon Solicitors, a highly regarded and established firm, seeks an ambitious Immigration solicitor to be based at our Richmond office. Richmond is an affluent area easily accessible by public transport. The firm: We are a well-established and ... 8th November 2019 By Free Movement * Points Based System WHY CAN’T POLITICIANS GET OVER THE IDEA OF AN AUSTRALIAN-STYLEIMMIGRATION SYSTEM?
For politicians with an agenda to push and votes to win, talking up an “Australian-style points based system” seems like a catchy, quick-fix solution to public anxiety over immigration. During the referendum campaign it was a popular trope of the ... 8th November 2019 By Joanna Hunt* Enforcement
COMMENT: VICTIMS OF SLAVERY ARE TRAPPED IN DESTITUTION BY RIGHT TOWORK RESTRICTIONS
While the UK government boasts of its trailblazing work to tackle the scourge of modern slavery, it is also rightly criticised for its systemic failures to prevent exploitation and protect victims once identified. A number of hostile immigration polic ... 6th November 2019 By Avril SharpView All Posts
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