Comments for Free Movement https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Tue, 21 Jan 2025 10:33:09 +0000 hourly 1 https://wordpress.org/?v=6.7.1 Comment on Briefing: how to apply for a Charity Worker sponsor licence by JackieW https://freemovement.org.uk/briefing-how-to-apply-for-a-charity-worker-sponsor-licence/#comment-102876 Thu, 16 Jan 2025 12:49:36 +0000 https://freemovement.org.uk/?p=218394#comment-102876 Thank you Ross.
Just worked on our first Start Up SPL (IT sector) application we have a Home Office DCC on 20 Jan – any pointers?

We have also just started on a small Charity Worker SPL application. I worked on a large Charitable organisation a couple of years ago – I can already see the challenges of the small charity with regards to policies and procedures.

Jackie

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Comment on “But I don’t know any barristers” – the case for scrapping the referee requirement for citizenship applications by Amanda Jones https://freemovement.org.uk/but-i-dont-know-any-barristers-the-case-for-scrapping-the-referee-requirement-for-citizenship-applications/#comment-100518 Tue, 26 Nov 2024 13:24:22 +0000 https://freemovement.org.uk/?p=216532#comment-100518 I was contacted as a referee on a citizenship application a few years ago – I had no idea this was so unusual. I’ve never been contacted on a passport referee, though.

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Comment on Law Society reaccreditation exam: how to prepare and what to expect by Sonia Lenegan https://freemovement.org.uk/law-society-reaccreditation-exam-how-to-prepare-and-what-to-expect/#comment-100323 Thu, 21 Nov 2024 09:05:05 +0000 https://freemovement.org.uk/?p=216201#comment-100323 In reply to cwilsonbrown.

Well done on getting it over and done with – when you say mock questions do you mean the Law Society’s ones that you pay for as opposed to the five in the guidance? I thought the ones in the guidance reflected the actual questions fairly well.

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Comment on Law Society reaccreditation exam: how to prepare and what to expect by cwilsonbrown https://freemovement.org.uk/law-society-reaccreditation-exam-how-to-prepare-and-what-to-expect/#comment-100255 Wed, 20 Nov 2024 13:58:03 +0000 https://freemovement.org.uk/?p=216201#comment-100255 I have just done the exam and passed; and am also slightly annoyed by the lack of feedback at the end. I also used the Mock Questions to prepare and found them quite a lot easier than the exam itself.

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Comment on Law Society reaccreditation exam: how to prepare and what to expect by Sonia Lenegan https://freemovement.org.uk/law-society-reaccreditation-exam-how-to-prepare-and-what-to-expect/#comment-100169 Tue, 19 Nov 2024 09:42:44 +0000 https://freemovement.org.uk/?p=216201#comment-100169 In reply to Ryan Bestford.

I completely agree – I have no idea if any of my wrong answers were on the two questions that were very obviously unclear. Not a problem in my case because I passed but I would be furious if I failed because of that – but there is also no way of knowing.

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Comment on Law Society reaccreditation exam: how to prepare and what to expect by Ryan Bestford https://freemovement.org.uk/law-society-reaccreditation-exam-how-to-prepare-and-what-to-expect/#comment-100095 Sat, 16 Nov 2024 08:20:35 +0000 https://freemovement.org.uk/?p=216201#comment-100095 One of the most annoying features is there’s no feedback provided at the end of the exam. I passed, but I still don’t know which questions I got wrong. No scope for future improvement.

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Comment on Work Rights Centre report reiterates need for reform of care worker route by Charles Simmons https://freemovement.org.uk/work-rights-centre-report-reiterates-need-for-reform-of-care-worker-route/#comment-99974 Thu, 14 Nov 2024 12:07:50 +0000 https://freemovement.org.uk/?p=216039#comment-99974 Thanks for posting the Violationstracker website – it is a very useful resource.

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Comment on EU Settlement Scheme: curtailment of pre-settled status after no longer meeting the rules by Andreia Almeida https://freemovement.org.uk/eu-settlement-scheme-curtailment-of-pre-settled-status-after-no-longer-meeting-the-rules/#comment-99097 Thu, 24 Oct 2024 09:41:45 +0000 https://freemovement.org.uk/?p=215114#comment-99097 Our Organisation supported a citizen with pre-settled status and his pre-settled was curtailed because he has broken the continuity of their residence by spending too long outside the UK.

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Comment on How child relatives of refugees can apply to enter or remain in the UK by ABeechBL https://freemovement.org.uk/how-child-relatives-of-refugees-can-apply-to-enter-or-remain-in-the-uk/#comment-98452 Mon, 14 Oct 2024 08:35:58 +0000 https://freemovement.org.uk/?p=213986#comment-98452 Many thanks Francesa – most helpful. On the issue of Settlement, what is the situaiton for those who applied and were granted under the old Paragraph 319X (is it paragraph 298?) or who applied under Paragraph 319X and got Leave Outside the Rules? A

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Comment on When can someone be refused a passport because of their name? by vinny https://freemovement.org.uk/when-can-someone-be-refused-a-passport-because-of-their-name/#comment-98439 Fri, 11 Oct 2024 20:46:51 +0000 https://freemovement.org.uk/?p=214228#comment-98439 For dual nationals, they also expect the names to align with foreign documents.

https://www.gov.uk/government/publications/names-aligning-names-on-foreign-documents

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Comment on When can someone be refused a passport because of their name? by Jonathan Collinson https://freemovement.org.uk/when-can-someone-be-refused-a-passport-because-of-their-name/#comment-98412 Fri, 11 Oct 2024 08:49:35 +0000 https://freemovement.org.uk/?p=214228#comment-98412 I have two rather frivolous thoughts:
1) the caseworker at the Home Office who thought that “Loki Skywalker” was a copyright issue clearly doesn’t know their Star Wars (or Marvel for that matter);
2) whether it’s easier to access journalists or immigration legal advice these days…

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Comment on How to apply for leave to remain as a bereaved partner by vinny https://freemovement.org.uk/visa-sponsor-dies-leave-to-remain-as-a-bereaved-partner/#comment-98407 Thu, 10 Oct 2024 19:58:34 +0000 https://env-7121714.mightybox.site/?p=76535#comment-98407 Exclude PBS partners, of settled or British lead holders, who choose not switch under Appendix FM?

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Comment on Immigration roundup podcast: September 2024 by Muhammad Hashmi https://freemovement.org.uk/immigration-roundup-podcast-september-2024/#comment-98314 Tue, 08 Oct 2024 00:55:05 +0000 https://freemovement.org.uk/?p=213803#comment-98314 This has been very help full in many areas.

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Comment on The risks of making a fee waiver application for the purpose of “buying time” to make a different application by Julian Bild https://freemovement.org.uk/the-risks-of-making-a-fee-waiver-application-for-the-purpose-of-buying-time-to-make-a-different-application/#comment-98263 Mon, 07 Oct 2024 09:16:49 +0000 https://freemovement.org.uk/?p=213267#comment-98263 In reply to Oliver Westmoreland.

Not sure exactly what you’re saying Oliver, but it sounds a bit reckless to me!

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Comment on The risks of making a fee waiver application for the purpose of “buying time” to make a different application by Julian Bild https://freemovement.org.uk/the-risks-of-making-a-fee-waiver-application-for-the-purpose-of-buying-time-to-make-a-different-application/#comment-98262 Mon, 07 Oct 2024 09:13:09 +0000 https://freemovement.org.uk/?p=213267#comment-98262 Note that the HO guidance on fee waivers says that:

‘Regardless of whether the fee waiver request is granted or refused, the applicant will
benefit from 3C leave if:
….
• the permission application that is submitted is the one for which the fee waiver
request was made’.

So, in the HO’s view, 3C leave only continues if the subsequent application is the same as the one intended when the fw application was made.

Interesting to see what the HO would do in Jennifer’s client’s circumstances. Even, as in that case, where there is no deception, the HO could potentially say that 3C leave ends (either at the date the previous leave expired, or the date the ILR application was made). And might there be an issue if the client now pays for their ILR application, having professed to be unable to pay for their prior application (or I’m possibly overthinking that).

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Comment on Briefing: what is section 3C leave? by Immigration roundup podcast: September 2024 - Free Movement https://freemovement.org.uk/what-is-section-3c-leave-uk-immigration/#comment-98248 Mon, 07 Oct 2024 07:31:09 +0000 https://env-7121714.mightybox.site/?p=160972#comment-98248 […] ⁠Briefing: what is section 3C leave?⁠ […]

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Comment on General grounds for refusal: alleged deception, false information and innocent mistakes by Immigration roundup podcast: September 2024 - Free Movement https://freemovement.org.uk/general-grounds-refusal-alleged-deception-innocent-mistakes/#comment-98247 Mon, 07 Oct 2024 07:30:49 +0000 https://env-7121714.mightybox.site/?p=10265#comment-98247 […] ⁠General grounds for refusal: alleged deception, false information and innocent mistakes⁠ […]

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Comment on Immigration roundup podcast: August 2024 by Liz Lewis https://freemovement.org.uk/immigration-roundup-podcast-august-2024/#comment-98184 Thu, 03 Oct 2024 14:59:44 +0000 https://freemovement.org.uk/?p=212879#comment-98184 Barry is amazing and so easy to listen to and follow, a really good combo with Sonya.

That aside I think it is Sonya who mentions that someone has a successful formula for asking the HO to change someone’s reporting method from in person to online.

Please could you send a link or directions as to where on the site I can find the writeup.

Many thanks

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Comment on The risks of making a fee waiver application for the purpose of “buying time” to make a different application by Stephen Edetanlen https://freemovement.org.uk/the-risks-of-making-a-fee-waiver-application-for-the-purpose-of-buying-time-to-make-a-different-application/#comment-97817 Mon, 30 Sep 2024 05:35:39 +0000 https://freemovement.org.uk/?p=213267#comment-97817 In reply to Jennifer Housen.

Your example does seem plausible. My thinking is that such a case would have to be argued on appeal, to establish that the applicant’s intention genuinely changed and no deception was intended.

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Comment on The risks of making a fee waiver application for the purpose of “buying time” to make a different application by Jennifer Housen https://freemovement.org.uk/the-risks-of-making-a-fee-waiver-application-for-the-purpose-of-buying-time-to-make-a-different-application/#comment-97595 Wed, 25 Sep 2024 07:31:45 +0000 https://freemovement.org.uk/?p=213267#comment-97595 The accusation of deception appears to be possible here. But what about if the Applicant has a legitimate claim under human rights grounds for a fee waiver, but might vary the application later on?

A good example of this is say a client who has been on the 10 year parent route since May 2015, but whose current leave expires in March 2025, this discrepancy of not meeting a total 10 years at the end of their current leave is for various reasons such as the covid backlog granting them an extra 18 months of section 3C leave. They can credibly demonstrate that they are eligible for a fee waiver for an extension of their leave on the family route. But what if the application for the fee waiver is still pending in May 2025, when they then become eligible for ILR and wish to vary their application (having now found the funds to do so since ILR does not allow fee waivers; again realistic since ILR application fee is much less than the combined FLR application fee+Immigration Health Surcharge required for an extension). I find it hard to consider this as deception and imagine this is might be a legitimate use of the application system. Would you agree?

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