Free Movement

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 claimsMassive reduction in the backlog but questions over quality of decision making in latest trafficking statisticsLatest statistics: overall decline in visa grants and concerns as Syrian asylum success rate plummetsNo breach of public sector equality duty by Home Office when housing LGBTQ+ asylum seekersVisitors (12:02)What to do if you are stopped and refused entry at the UK borderSettlement (13:46)Can I apply for indefinite leave to remain early?A fairer pathway? How the “earned settlement” proposals risk discrimination against migrant womenEU 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’ policyHigh Court gives guidance on delay in applying for judicial review and human rights jurisdictionDeportation (27:37)Man stranded abroad challenges Home Office deportation decision taken whilst travellingProcedure (29:29)How to challenge closure of a bank account on immigration groundsTribunal criticises two more immigration lawyers for suspected citation of AI-invented fake case lawUpdated (32:00)Youth Mobility visa: what is it and how does it work?How to apply for a UK spouse or partner visaHow 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 accommodationHome Office U-turn over grants of leave to trafficking victims after legal challengeHigh Court finds the Home Secretary’s approach to making public order disqualification decisions is unlawfulConcerns raised about changes to Home Office’s country evidence on Pakistan for LGBT+ peopleThe Home Office’s unsafe journeys policy is dangerousChild settlement applications (13:53)Important Court of Appeal ruling on children’s settlement applicationsArtificial 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 AppealVisit visas (26:36)Costs awarded by Court of Appeal in visit visa delay caseLegal Ombudsman (28:29)Partial success for immigration barrister in challenge to Legal Ombudsman decisionDeprivation of citizenship (29:04)Supreme Court addresses fairness concerns in deprivation appealsWork routes (31:45) The appeal of judicial discretion in civil penalty appeals: Court of Appeal grants permissionCare home refused permission in challenge to revocation of sponsor licence for underpaying staffDeportation (36:53)Court of Appeal dismisses deportation appeal despite evidence of rehabilitationUpdated (41:19)Briefing: the sorry state of the UK asylum systemBriefing: how to apply for a high potential individual visaMaking 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” schemeEarned settlement (07:20)Briefing: the implications of the “earned settlement” proposals and what they might mean in practiceAsylum (08:23)Home Office recommences processing of Syrian settlement applicationsThe 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 claimFirst-tier Tribunal appeal receipts up 123% in a year, amid continuing concerns about Home Office decision makingCitizenship (15:35)Home Office must consider whether to exercise discretion in Windrush casesStudents (19:15)Court declares University’s failure to rescind its withdrawal of sponsorship as unlawfulDetention (23:20)High Court finds safeguarding failures by Home Office at Brook House detention centreEmergency travel document delays lead to detention challengeDeportation (25:55)Home Secretary ordered to allow man to return to UK after telling airline not to fly him and cancelling his eVisaCourt orders grant of indefinite leave in case with historic convictionEU Settlement Scheme (34:22)Court of Appeal denies derivative rights of residence to the children in education of former self-employed EU citizensWork routes (36:40)High Court clarifies meaning of “non-genuine vacancy” in sponsor licence revocationFamily (38:00)Does ‘could’ mean a ‘mere possibility’? Court of Appeal looks at exceptional circumstances and financial requirements under Appendix FMWell-being (43:45)Vicarious trauma: what practitioners need to knowUpdated (45:55)Suitability refusals: owing a litigation debt to the Home OfficeWill 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 childrenPermission 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 8Navigating 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 applicationsVisa 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