https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Tue, 21 Jan 2025 10:34:25 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://freemovement.org.uk/wp-content/uploads/2022/07/cropped-Goose-logo-32x32.png https://freemovement.org.uk 32 32 https://freemovement.org.uk/free-movement-weekly-immigration-newsletter-52/?utm_source=rss&utm_medium=rss&utm_campaign=free-movement-weekly-immigration-newsletter-52 https://freemovement.org.uk/free-movement-weekly-immigration-newsletter-52/#respond Tue, 21 Jan 2025 16:35:00 +0000 https://freemovement.org.uk/?p=218925 Welcome to the weekly Free Movement newsletter! The OISC rebrand to Immigration Advice Authority happened last week. The timing of all this is not amazing given the amount of time that organisations are currently wasting trying to navigate the new online portal process introduced in October. Problems reported by people include an inability to create the log ins […]]]> https://freemovement.org.uk/free-movement-weekly-immigration-newsletter-52/feed/ 0 https://freemovement.org.uk/home-office-to-start-converting-eligible-euss-pre-settled-status-holders-to-settled-status-this-month/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-to-start-converting-eligible-euss-pre-settled-status-holders-to-settled-status-this-month https://freemovement.org.uk/home-office-to-start-converting-eligible-euss-pre-settled-status-holders-to-settled-status-this-month/#respond Tue, 21 Jan 2025 12:00:00 +0000 https://freemovement.org.uk/?p=218996 The Home Office will soon start automatically upgrading those who hold pre-settled status under Appendix EU and are now eligible for settled status. This is being done to finish implementing the decision R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin) as explained by […]]]> https://freemovement.org.uk/home-office-to-start-converting-eligible-euss-pre-settled-status-holders-to-settled-status-this-month/feed/ 0 https://freemovement.org.uk/new-court-of-appeal-guidance-on-the-correct-test-to-be-applied-to-s-403-deprivation-of-citizenship-appeals/?utm_source=rss&utm_medium=rss&utm_campaign=new-court-of-appeal-guidance-on-the-correct-test-to-be-applied-to-s-403-deprivation-of-citizenship-appeals https://freemovement.org.uk/new-court-of-appeal-guidance-on-the-correct-test-to-be-applied-to-s-403-deprivation-of-citizenship-appeals/#respond Tue, 21 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218897 In Chaudhry v Secretary of State for the Home Department [2025] EWCA Civ 16, the Court of Appeal has confirmed the correct test to be applied in appeals against decisions of the Secretary of State to deprive a person of citizenship pursuant to section 40(3) of the British Nationality Act 1981 (where citizenship was obtained […]]]> https://freemovement.org.uk/new-court-of-appeal-guidance-on-the-correct-test-to-be-applied-to-s-403-deprivation-of-citizenship-appeals/feed/ 0 https://freemovement.org.uk/government-proposes-increases-to-electronic-travel-authorisation-nationality-and-sponsorship-fees/?utm_source=rss&utm_medium=rss&utm_campaign=government-proposes-increases-to-electronic-travel-authorisation-nationality-and-sponsorship-fees https://freemovement.org.uk/government-proposes-increases-to-electronic-travel-authorisation-nationality-and-sponsorship-fees/#respond Mon, 20 Jan 2025 15:31:35 +0000 https://freemovement.org.uk/?p=218892 The government has announced increases to some Home Office fees. There is no set date for the increases as the draft regulations will be debated and need to be approved by both Houses. Full details of the proposed changes are set out below. It was also announced that people in transit at the airports in […]]]> https://freemovement.org.uk/government-proposes-increases-to-electronic-travel-authorisation-nationality-and-sponsorship-fees/feed/ 0 https://freemovement.org.uk/skilled-worker-encountered-volunteering-loses-challenge-to-cancellation-of-leave/?utm_source=rss&utm_medium=rss&utm_campaign=skilled-worker-encountered-volunteering-loses-challenge-to-cancellation-of-leave https://freemovement.org.uk/skilled-worker-encountered-volunteering-loses-challenge-to-cancellation-of-leave/#respond Mon, 20 Jan 2025 12:30:00 +0000 https://freemovement.org.uk/?p=218919 A health care worker who was detained after being encountered by immigration enforcement while serving customers in a convenience store has been unsuccessful in a judicial review challenging the decision to cancel her leave, detain and remove her from the UK. The case is R (Andrews) v Secretary of State for the Home Department [2025] […]]]> https://freemovement.org.uk/skilled-worker-encountered-volunteering-loses-challenge-to-cancellation-of-leave/feed/ 0 https://freemovement.org.uk/statelessness-asylum-aid-legal-challenge-to-family-reunion-rules-change-in-high-court-this-week/?utm_source=rss&utm_medium=rss&utm_campaign=statelessness-asylum-aid-legal-challenge-to-family-reunion-rules-change-in-high-court-this-week https://freemovement.org.uk/statelessness-asylum-aid-legal-challenge-to-family-reunion-rules-change-in-high-court-this-week/#respond Mon, 20 Jan 2025 08:31:53 +0000 https://freemovement.org.uk/?p=218601 In January 2024 the immigration rules were changed and statelessness family reunion was brought into Appendix FM. The new rules make no special provision at all for the families of stateless people and treat them in the same way as any family member of any other sponsor applying under Appendix FM. Asylum Aid is challenging […]]]> https://freemovement.org.uk/statelessness-asylum-aid-legal-challenge-to-family-reunion-rules-change-in-high-court-this-week/feed/ 0 https://freemovement.org.uk/immigration-roundup-podcast-december-2024/?utm_source=rss&utm_medium=rss&utm_campaign=immigration-roundup-podcast-december-2024 https://freemovement.org.uk/immigration-roundup-podcast-december-2024/#respond Fri, 17 Jan 2025 12:00:00 +0000 https://freemovement.org.uk/?p=218237 It’s goodbye to 2024 in this month’s podcast, with Sonia and Barry wrapping up December. They spend a bit of time discussing eVisas at the beginning of the podcast, before moving on to asylum and trafficking where issues around the quality of decision making have been raised in a couple of different posts. Barry covered […]]]> https://freemovement.org.uk/immigration-roundup-podcast-december-2024/feed/ 0 https://freemovement.org.uk/home-office-settles-manston-inquiry-judicial-review/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-settles-manston-inquiry-judicial-review https://freemovement.org.uk/home-office-settles-manston-inquiry-judicial-review/#respond Fri, 17 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218720 The Home Office has settled the judicial review claims that seek an independent Article 3 ECHR compliant inquiry into events at Manston in 2022. The claims were brought by individuals detained at Manston in autumn 2022 when there were widespread reports and concerns around overcrowding and very poor conditions, and detention well exceeded the 24 […]]]> https://freemovement.org.uk/home-office-settles-manston-inquiry-judicial-review/feed/ 0 https://freemovement.org.uk/high-court-gives-guidance-on-secret-correspondence-for-charter-flight-removals/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-gives-guidance-on-secret-correspondence-for-charter-flight-removals https://freemovement.org.uk/high-court-gives-guidance-on-secret-correspondence-for-charter-flight-removals/#respond Thu, 16 Jan 2025 14:37:42 +0000 https://freemovement.org.uk/?p=218852 The Administrative Court has set some boundaries and given a warning of potential sanctions to the GLD regarding the withholding of charter flight details in removal cases. The case is R (Jasseh) v Secretary of State for the Home Department [2025] EWHC 47 (Admin). The claimant was issued with removal directions for a flight on […]]]> https://freemovement.org.uk/high-court-gives-guidance-on-secret-correspondence-for-charter-flight-removals/feed/ 0 https://freemovement.org.uk/changes-to-guidance-on-requesting-reconsideration-of-trafficking-leave-decisions/?utm_source=rss&utm_medium=rss&utm_campaign=changes-to-guidance-on-requesting-reconsideration-of-trafficking-leave-decisions https://freemovement.org.uk/changes-to-guidance-on-requesting-reconsideration-of-trafficking-leave-decisions/#respond Thu, 16 Jan 2025 10:55:28 +0000 https://freemovement.org.uk/?p=218771 The Home Office has published updated guidance on “Temporary permission to stay: considerations for victims of human trafficking or slavery” that applies to reconsiderations requests of permission to stay decisions under that guidance, effective from today. A comparison of the changes (using this process) shows that the changes are on page 33 of the new […]]]> https://freemovement.org.uk/changes-to-guidance-on-requesting-reconsideration-of-trafficking-leave-decisions/feed/ 0 https://freemovement.org.uk/what-is-the-oisc/?utm_source=rss&utm_medium=rss&utm_campaign=what-is-the-oisc https://freemovement.org.uk/what-is-the-oisc/#comments Thu, 16 Jan 2025 09:26:45 +0000 https://env-7121714.mightybox.site/?p=87996 The Immigration Advice Authority, formerly known as the Office of the Immigration Services Commissioner or ‘OISC’, is a governmental body established by the Immigration and Asylum Act 1999 to regulate the provision of immigration advice and services throughout the UK. The Immigration Advice Authority has around 60 staff. The Immigration Advice Authority was set up […]]]> https://freemovement.org.uk/what-is-the-oisc/feed/ 1 https://freemovement.org.uk/oisc-renamed-immigration-advice-authority-from-16-january-2025/?utm_source=rss&utm_medium=rss&utm_campaign=oisc-renamed-immigration-advice-authority-from-16-january-2025 https://freemovement.org.uk/oisc-renamed-immigration-advice-authority-from-16-january-2025/#respond Thu, 16 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218704 The Office of the Immigration Services Commissioner, or OISC to everyone who knew it, is being renamed from today as the Immigration Advice Authority. A colourful new logo is also being deployed. There is not a huge amount to say about it other than it is a pain. It is a pain for all existing […]]]> https://freemovement.org.uk/oisc-renamed-immigration-advice-authority-from-16-january-2025/feed/ 0 https://freemovement.org.uk/significant-changes-made-to-guidance-on-sponsoring-workers/?utm_source=rss&utm_medium=rss&utm_campaign=significant-changes-made-to-guidance-on-sponsoring-workers https://freemovement.org.uk/significant-changes-made-to-guidance-on-sponsoring-workers/#respond Wed, 15 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218626 The government published a number of significant changes to their guidance for work sponsors on 31 December 2024 and 1 January 2025. The affected guidance includes: Although several guidance documents have been updated, in many instances these updates relate to the same changes and are to reflect updates elsewhere in the above guidance documents. Brief summary […]]]> https://freemovement.org.uk/significant-changes-made-to-guidance-on-sponsoring-workers/feed/ 0 https://freemovement.org.uk/free-movement-weekly-immigration-newsletter-51/?utm_source=rss&utm_medium=rss&utm_campaign=free-movement-weekly-immigration-newsletter-51 https://freemovement.org.uk/free-movement-weekly-immigration-newsletter-51/#respond Tue, 14 Jan 2025 16:25:00 +0000 https://freemovement.org.uk/?p=218608 Welcome to the weekly Free Movement newsletter! The Times reported last week that Professor Brian Bell, chair of the Migration Advisory Committee, supports people in the asylum system being allowed to work in any role after waiting six months for their claim to be decided. This shouldn’t really come as a surprise given the committee has previously said that permission […]]]> https://freemovement.org.uk/free-movement-weekly-immigration-newsletter-51/feed/ 0 https://freemovement.org.uk/how-to-identify-whether-a-migrant-domestic-worker-is-a-victim-of-modern-slavery/?utm_source=rss&utm_medium=rss&utm_campaign=how-to-identify-whether-a-migrant-domestic-worker-is-a-victim-of-modern-slavery https://freemovement.org.uk/how-to-identify-whether-a-migrant-domestic-worker-is-a-victim-of-modern-slavery/#respond Tue, 14 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218554 The domestic worker route is a common trafficking route and below we look at how to identify whether a domestic worker is a victim of modern slavery. Domestic workers who live overseas can apply for a visa to visit the UK for up to six months with their employer as an overseas domestic worker. They […]]]> https://freemovement.org.uk/how-to-identify-whether-a-migrant-domestic-worker-is-a-victim-of-modern-slavery/feed/ 0 https://freemovement.org.uk/home-office-evaluation-of-gps-tagging-pilot-shows-no-impact-on-compliance/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-evaluation-of-gps-tagging-pilot-shows-no-impact-on-compliance https://freemovement.org.uk/home-office-evaluation-of-gps-tagging-pilot-shows-no-impact-on-compliance/#respond Mon, 13 Jan 2025 13:52:32 +0000 https://freemovement.org.uk/?p=218583 The Home Office has published its evaluation of the pilot scheme expanding the use of electronic monitoring of people as a condition of their immigration bail. The Home Office’s pilot monitored two groups of people on immigration bail. The first group was people who were subject to electronic monitoring and normal face to face reporting […]]]> https://freemovement.org.uk/home-office-evaluation-of-gps-tagging-pilot-shows-no-impact-on-compliance/feed/ 0 https://freemovement.org.uk/briefing-how-to-apply-for-a-charity-worker-sponsor-licence/?utm_source=rss&utm_medium=rss&utm_campaign=briefing-how-to-apply-for-a-charity-worker-sponsor-licence https://freemovement.org.uk/briefing-how-to-apply-for-a-charity-worker-sponsor-licence/#comments Mon, 13 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218394 The Charity Worker route is for voluntary workers aged 18 or over who wish to come to the UK to do work for a recognised charitable organisation. Work must be unpaid and fieldwork which contributes directly to the achievement or advancement of the sponsor’s charitable purpose – for example, in the case of a charity […]]]> https://freemovement.org.uk/briefing-how-to-apply-for-a-charity-worker-sponsor-licence/feed/ 1 https://freemovement.org.uk/how-to-apply-for-a-religious-work-visa/?utm_source=rss&utm_medium=rss&utm_campaign=how-to-apply-for-a-religious-work-visa https://freemovement.org.uk/how-to-apply-for-a-religious-work-visa/#comments Fri, 10 Jan 2025 08:30:03 +0000 https://freemovement.org.uk/?p=191420 The UK has two sponsored work routes for religious workers: the T2 minister of religion visa for those with a key leading role in their faith-based organisation or religious order in the UK, and the temporary religious worker visa for those who support the activities of religious institutions in the UK by working in a […]]]> https://freemovement.org.uk/how-to-apply-for-a-religious-work-visa/feed/ 1 https://freemovement.org.uk/high-court-makes-mandatory-order-for-suitable-accommodation-to-be-provided-for-severely-disabled-child/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-makes-mandatory-order-for-suitable-accommodation-to-be-provided-for-severely-disabled-child https://freemovement.org.uk/high-court-makes-mandatory-order-for-suitable-accommodation-to-be-provided-for-severely-disabled-child/#respond Thu, 09 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218112 A mother and her severely disabled child have been successful in obtaining a mandatory order for the Home Office to provide them with suitable accommodation as part of their asylum support. The case is R (AYW & Anor) v Secretary of State for the Home Department [2024] EWHC 3291 (Admin). Background AYW is a Mexican […]]]> https://freemovement.org.uk/high-court-makes-mandatory-order-for-suitable-accommodation-to-be-provided-for-severely-disabled-child/feed/ 0 https://freemovement.org.uk/court-of-appeal-in-northern-ireland-dismisses-challenge-to-refusal-of-bail-accommodation/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-in-northern-ireland-dismisses-challenge-to-refusal-of-bail-accommodation https://freemovement.org.uk/court-of-appeal-in-northern-ireland-dismisses-challenge-to-refusal-of-bail-accommodation/#respond Wed, 08 Jan 2025 12:39:53 +0000 https://freemovement.org.uk/?p=218145 The Court of Appeal in Northern Ireland has dismissed an appeal challenging refusal of Schedule 10 accommodation on the grounds that the applicant did not have a bail address, which is what she was asking for by making the Schedule 10 application. The situation endorsed by the Court of Appeal was described by the High […]]]> https://freemovement.org.uk/court-of-appeal-in-northern-ireland-dismisses-challenge-to-refusal-of-bail-accommodation/feed/ 0