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29 minutes | 12 days ago
Immigration update podcast, episode 87
Welcome to episode 87 of the Free Movement immigration update podcast. This month we’re covering two main sets of reform proposals, the New Plan for Immigration and changes to judicial review. We’ve also got a bunch of new Immigration Rules to mention, a handful of interesting cases and a proposed new code of conduct for Presenting Officers, the officials who represent the Home Office in immigration appeals. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If...
21 minutes | a month ago
Podcast: immigration and the criminal law
The statute book is crammed with criminal offences relating to borders and immigration control, from entering the UK illegally to renting property to an unauthorised migrant. Most are rarely prosecuted, with an average of 625 prosecutions a year between 2017 and 2019. But many convictions are high-profile, with a steady stream of people being jailed for “assisting unlawful immigration” by piloting small boats across the Channel. The Home Office also announced this week proposals to increase the maximum sentences for the main immigration offences. So will criminal prosecutions increasingly become a mainstream tool of immigration control? On this episode of the podcast I speak to John Vassiliou from Shepherd and...
38 minutes | a month ago
Immigration update podcast, episode 86
Welcome to episode 86 of the Free Movement immigration update podcast. There were quite a lot of significant court judgments this month, so the episode is almost entirely case law. We start with the Supreme Court decision in the Shamima Begum case (where else) and the Court of Appeal judgment on child registration fees. We then proceed through other cases on immigration detention, human rights, asylum and deportation, and finally a couple of judgments on highly technical but important general immigration matters. For a treat at the end, we discuss a useful new report on reform of immigration enforcement and the hostile environment. If you would like to claim CPD...
23 minutes | 2 months ago
Podcast: the new-look grounds for refusal
Part 9 of the Immigration Rules consists of a long list of reasons why someone can be refused permission to enter or stay in the UK. These are known as the “general grounds for refusal”. Part 9 was recently overhauled, with the Home Office simultaneously making cosmetic and substantive changes to the general grounds. On the cosmetic side, the existing rules have been rewritten and restructured. (The word “general’ no longer appears in the title to Part 9, for one thing, so my terminology is already out of date.) Gone are the familiar reference points for lawyers: paragraph 320, paragraph 322(5) and all the rest of it. But more to...
28 minutes | 2 months ago
Immigration update podcast, episode 85
Welcome to episode 85 of the Free Movement immigration update podcast (not in fact episode 84 as we incorrectly say in the intro). We again start with developments in asylum law before going to business immigration and the Hong Kong BNO visa which is now open for applications. There is also an interesting tribunal decision on long residence to go over and we end with a quick discussion of the hostile environment, giving me a chance to subtly plug my new academic article on the subject. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are...
19 minutes | 3 months ago
Podcast: visa options for musicians touring the UK
In 2019, Roger Daltrey of The Who swore at a reporter who asked him about Brexit. “What’s it got to do with the rock business?”, the veteran singer scoffed. “As if we didn’t tour in Europe before the ******* EU”. The end of free movement for workers has a fair bit to do with the ******* EU. British artists are upset that the Brexit trade deal contained no meaningful replacement, leaving them to comb through European work permit laws country-by-country to work out where a visa is required. An open letter protesting to the government has been signed by over 100 stars, including Ed Sheeran, Elton John — and Roger...
29 minutes | 3 months ago
Immigration update podcast, episode 84
Welcome to episode 84 of the Free Movement immigration update podcast. We’re going over what happened in December 2020, which feels a bit like it was asylum month: we’ve got some very important changes to the Immigration Rules on claiming asylum and safe third countries; an interesting case on military service and refugee status; a big case on asylum accommodation delays; a report on the UK statelessness procedure; not one but two cases on the treatment of trafficking victims; and a slightly odd Scottish case on how country guidance cases work. We’ve also going to cover the right to benefits for EU citizens with pre-settled status, deportation and the latest...
31 minutes | 4 months ago
Immigration update podcast, episode 83
Welcome to episode 83 of the Free Movement immigration update podcast. It’s a case-law heavy episode, with lots of judgments from the immigration tribunal, Court of Appeal and even the European Court of Human Rights to chew on. We also talk about a potentially important new policy on deporting people who arrived in the UK as young children, legal preparations for Brexit and of course the new Immigration Act. For discussion of recent changes to economic migration routes under the Points Based Immigration System, see the previous episode or our brand new training course. If you would like to claim CPD points for reading the material and listening to this...
20 minutes | 5 months ago
Podcast: how the immigration system froze out Commonwealth soldiers
You don’t have to be British to work here, but it helps. Citizens of the 54 Commonwealth countries can serve in the British Army and other branches of the armed forces, and are eligible to settle in the UK after discharge if they have served for at least four years. But settlement isn’t automatic, and over the years too many have ended up without the immigration status they were promised. While the situation has improved in recent years, the sheer cost of indefinite leave to remain — £2,389, or over £10,000 for a family of four — means that some remain frozen out despite policies designed to help them. On...
35 minutes | 5 months ago
Immigration update podcast, episode 82
Welcome to episode 82 of the Free Movement immigration update podcast. This month we mostly focus on a host of changes to the Immigration Rules introduced in October and mainly coming into force in December. There are also some big cases on long residence, removal windows, deportation law and fairness in sponsored worker cases, and we’re also going to talk about EU citizens and naturalisation. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen...
19 minutes | 6 months ago
Podcast: where are we at with legal aid for immigration appeals?
Lawyers have spent much of this year fighting off controversial changes to legal aid for immigration appeals. In May, the government brought in adjusted legal aid arrangements for cases lodged under a new online appeal system — arrangements that spelled doom for an already under-pressure sector. I spoke to Sonia Lenegan from the Immigration Law Practitioners’ Association about the legal action that defeated those proposals, the system that’s been put in place instead, and how things are looking for legal aid lawyers more generally.
30 minutes | 6 months ago
Immigration update podcast, episode 81
Welcome to episode 81 of the Free Movement immigration update podcast. This month we kick off with a big ruling on deportation law before turning to some draft laws affecting EU citizens in the UK. The visa rules for students changed on 5 October, so we discuss those tweaks before moving to economic migration and the elusive Immigration Health Surcharge rise. We finish with some judgments on asylum and immigration detention. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all...
26 minutes | 7 months ago
Podcast: the new student visa rules
“Don’t panic!” is Tom Brett Young’s message to his education sector clients. Revised student visa rules kick in next month, replacing the Tier 4 routes beloved of known to immigration lawyers since 2009. Thankfully, the VWV partner reckons it’s more evolution than revolution, with the system of student sponsorship remaining broadly familiar. Although with students from EU countries now needing visas, schools and unis have quite enough upheaval to contend with as it is. In this podcast, Tom and I talk through the new student migration rules that kick in from 5 October: where to find them, what they change and what they don’t. Some — but not all —...
25 minutes | 7 months ago
Immigration update podcast, episode 80
Welcome to episode 80 of the Free Movement immigration update podcast. This month we start with the EU Settlement Scheme before turning to a couple of cases at the intersection of immigration law and family law. With the slow down in the court system, there wasn’t a whole lot of case law this month, so we take a detour via domestic abuse and sponsor licensing before getting back to the courts with a few cases on procedure and compensation for delay. To round off, there’s a couple of positive developments on legal aid and leave to remain for people falsely accused of cheating on their English test. If you would...
23 minutes | 8 months ago
Podcast: helping families with international surrogacy
Commercial surrogacy — paying someone else to carry and give birth to your child — is banned in the UK, but available overseas. That allows couples and individuals who would otherwise be unable to have children to experience the miracle of life with the aid of a third party. It’s a fraught process, and getting the resulting baby a visa may not be at the forefront of the intended parents’ minds. It may, however, be necessary. A child born to a surrogate abroad will not be automatically entitled to come straight back to the UK, even if the intended parents are both British themselves. It depends on who the child’s...
23 minutes | 8 months ago
Immigration update podcast, episode 79
Welcome to episode 79 of the Free Movement immigration update podcast. This month we’re starting with a few asylum decisions, then talk a little about the Shamima Begum case and go over the latest on coronavirus immigration changes. We look at the Hong Kong BNO visa, mention a couple of things about immigration detention and access to benefits, and end with some rather disparate tribunal and procedural cases. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here....
23 minutes | 9 months ago
Podcast: applying for a representative of an overseas business visa
The representative of an overseas business visa wasn’t mentioned once in the government’s blueprint for a new immigration system, but that doesn’t mean it’s going anywhere. Or at least we hope not; as Joanna Hunt tells me in this podcast, stranger things have happened in immigration law. We mostly proceed on the assumption this route has life in it yet and that, as an immigration lawyer, you need to know about it. Jo explains what the representative of an overseas business visa is, why it’s sometimes called the “sole rep” route, what the requirements are and why it’s often trickier than other work-based routes. We also touch on recent changes...
30 minutes | 9 months ago
Immigration update podcast, episode 78
Welcome to episode 78 of the Free Movement immigration update podcast. This month we start with some general discussion about the immigration system and my new book, Welcome to Britain, move on to cover a couple of deportation cases and then look at some material on appeals, asylum, family immigration and EU law. We end with a reminder on refunds for the Immigration Health Surcharge for NHS and social care workers. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all...
61 minutes | 10 months ago
Podcast: Welcome to Britain book launch, with Satbir Singh of JCWI
In this bumper bonus episode, Free Movement editor Colin Yeo is interviewed by Satbir Singh, chief executive of the migrants’ rights charity JCWI. The subject of the interview is of course Colin’s book, published on 29 June 2020. Welcome to Britain: Fixing Our Broken Immigration System explains the workings and non-workings of the immigration system to the general public. You can read a detailed overview of the contents here. To mark publication day, Satbir kindly agreed to host a lockdown-approved launch event over Zoom to talk about the themes of the book and to put some questions to Colin from Free Movement readers. The interview is also available on our...
19 minutes | 10 months ago
Podcast: the six-month “rule” for visitors to the UK
To be allowed into the UK as a visitor, border officials must be satisfied that you are a “genuine visitor”. One warning sign is “frequent and successive visits”, which may indicate that you are making the UK your “main home”. What there isn’t is a hard and fast rule that a visitor can’t be in the UK for more than six months in total in any 12-month period. Home Office guidance says: There is no specified maximum period which an individual can spend in the UK in any period such as ‘6 months in 12 months’. However, if it is clear from an individual’s travel history that they are making...
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