https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Mon, 20 Jan 2025 08:31:55 +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/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/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/two-recent-strasbourg-cases-on-family-life-between-adults/?utm_source=rss&utm_medium=rss&utm_campaign=two-recent-strasbourg-cases-on-family-life-between-adults https://freemovement.org.uk/two-recent-strasbourg-cases-on-family-life-between-adults/#respond Tue, 07 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218111 The European Court of Human Rights in Strasbourg handed down judgment in two separate cases in December addressing the subject of family life between adult family members outside the “core” nuclear family of spouses, partners, parents and minor children. The court confirms that “additional elements of dependence, involving more than normal emotional ties” are necessary […]]]> https://freemovement.org.uk/two-recent-strasbourg-cases-on-family-life-between-adults/feed/ 0 https://freemovement.org.uk/briefing-how-to-request-leave-to-remain-for-survivors-of-trafficking/?utm_source=rss&utm_medium=rss&utm_campaign=briefing-how-to-request-leave-to-remain-for-survivors-of-trafficking https://freemovement.org.uk/briefing-how-to-request-leave-to-remain-for-survivors-of-trafficking/#respond Fri, 03 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=217034 This is a lengthy briefing providing practical advice on how to prepare a case to ensure your client has the best chance of being granted temporary permission to stay for victims of human trafficking or slavery (referred to as “VTS leave”). In this briefing I focus on grants based on assisting the person in their […]]]> https://freemovement.org.uk/briefing-how-to-request-leave-to-remain-for-survivors-of-trafficking/feed/ 0 https://freemovement.org.uk/recent-changes-to-the-policy-on-granting-leave-to-survivors-of-trafficking/?utm_source=rss&utm_medium=rss&utm_campaign=recent-changes-to-the-policy-on-granting-leave-to-survivors-of-trafficking Wed, 11 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=217028 This article sets out the recent changes to the policy on granting people leave to remain once they have received a positive conclusive grounds decision, which is the second and final stage of the trafficking identification process. As discussed previously, the position in relation to grants of leave made to people who have been identified […]]]> https://freemovement.org.uk/fee-waiver-policy-who-qualifies-and-what-does-the-home-office-policy-say/?utm_source=rss&utm_medium=rss&utm_campaign=fee-waiver-policy-who-qualifies-and-what-does-the-home-office-policy-say Tue, 10 Dec 2024 08:30:12 +0000 https://env-7121714.mightybox.site/?p=55738 Immigration applications are extremely expensive. Most requests for permission to stay in the UK (other than under the points based immigration system) now cost £1,258. In addition, applicants may need to pay an immigration health surcharge (£1,035 a year for adults and £776 for children). On average, therefore, migrants will need to spend almost £3,850 […]]]> https://freemovement.org.uk/evisas-and-the-hostile-environment-a-disaster-waiting-to-happen/?utm_source=rss&utm_medium=rss&utm_campaign=evisas-and-the-hostile-environment-a-disaster-waiting-to-happen Mon, 02 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216800 There is now only a month left before all biometric residence permits and biometric residence cards will expire on 31 December 2024 and understanding of the changes among those responsible for enforcing the hostile environment remains dangerously low. From 1 January 2025 onwards, individuals will be expected to show their immigration status and entitlements through […]]]> https://freemovement.org.uk/high-court-finds-no-adequate-system-in-place-for-expediting-change-of-conditions-applications/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-finds-no-adequate-system-in-place-for-expediting-change-of-conditions-applications Wed, 27 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216748 The High Court has found that the Home Secretary does not have an adequate system in place for processing change of conditions application to reduce, to a reasonable and proportionate minimum, the risk of inhuman and degrading treatment caused by the “no recourse to public funds” (“NRPF”) condition. The case is SAG & Ors v […]]]> https://freemovement.org.uk/trafficking-referrals-and-decisions-at-record-high-in-latest-statistics/?utm_source=rss&utm_medium=rss&utm_campaign=trafficking-referrals-and-decisions-at-record-high-in-latest-statistics Wed, 20 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216360 The quarterly trafficking statistics for July to September 2024 have been published, with a few records set including for the number of referrals and number of conclusive grounds decisions. The impact of the latter on delays is still difficult to tell because of the reorganisation of cases within the decision making bodies. What we can […]]]> https://freemovement.org.uk/ensuring-confidentiality-and-safety-in-overseas-immigration-applications-based-on-same-sex-relationships/?utm_source=rss&utm_medium=rss&utm_campaign=ensuring-confidentiality-and-safety-in-overseas-immigration-applications-based-on-same-sex-relationships Thu, 03 Oct 2024 07:30:00 +0000 https://freemovement.org.uk/?p=213954 We have written this article to share knowledge on the importance of ensuring the confidentiality and safety of clients who make visa applications for entry clearance based on same sex relationships, and our experience of the steps that can be taken to achieve this. Being in a same sex relationship or revealing one’s sexual orientation […]]]> https://freemovement.org.uk/nelson-shardey-and-the-ten-year-route-to-settlement-running-an-effective-legal-challenge-and-campaign/?utm_source=rss&utm_medium=rss&utm_campaign=nelson-shardey-and-the-ten-year-route-to-settlement-running-an-effective-legal-challenge-and-campaign Thu, 12 Sep 2024 07:30:00 +0000 https://freemovement.org.uk/?p=212970 This summer, a legal challenge against the ten year route to settlement became a national media story. When Nelson Shardey spoke out about the pain of being told he didn’t have any lawful status after 45 years in the UK, his story touched the nation. In this post, solicitor Nicola Burgess and Policy Officer Rivka […]]]> https://freemovement.org.uk/statement-of-changes-hc-217-fee-waivers-for-bereaved-partners-visa-regime-imposed-on-jordan/?utm_source=rss&utm_medium=rss&utm_campaign=statement-of-changes-hc-217-fee-waivers-for-bereaved-partners-visa-regime-imposed-on-jordan Tue, 10 Sep 2024 13:59:48 +0000 https://freemovement.org.uk/?p=213058 The autumn statement of changes HC 217 has been published, accompanied by a written statement from Seema Malhotra MP, the Parliamentary Under-Secretary of State for Migration and Citizenship. The errors we covered last week in relation to skilled worker going rates are being corrected from 8 October 2024 and we have set out the other […]]]> https://freemovement.org.uk/what-is-leave-outside-the-rules/?utm_source=rss&utm_medium=rss&utm_campaign=what-is-leave-outside-the-rules Fri, 23 Aug 2024 07:30:04 +0000 https://env-7121714.mightybox.site/?p=121423 Anyone whose life consists of daily references to the immigration rules will tell you that the experience can feel a lot like deep ocean exploration in the Mariana Trench: despite constant research, you will still make new discoveries, even when you think there are no further depths to which you can sink. And like the […]]]> https://freemovement.org.uk/upper-tribunal-says-that-article-8-rights-of-overseas-family-members-must-be-considered/?utm_source=rss&utm_medium=rss&utm_campaign=upper-tribunal-says-that-article-8-rights-of-overseas-family-members-must-be-considered https://freemovement.org.uk/upper-tribunal-says-that-article-8-rights-of-overseas-family-members-must-be-considered/#comments Thu, 22 Aug 2024 07:30:00 +0000 https://freemovement.org.uk/?p=212222 The Upper Tribunal has said that where family life exists, the article 8 rights of family members overseas need to be taken into account and it is wrong to focus only on the rights of the UK based sponsor. Following on from that, the refusal to grant entry clearance to a Syrian family was held […]]]> https://freemovement.org.uk/upper-tribunal-says-that-article-8-rights-of-overseas-family-members-must-be-considered/feed/ 1 https://freemovement.org.uk/home-secretary-delayed-decisions-on-trafficking-victims-cases-because-of-rwanda-policy-paving-the-way-for-potential-damages-claims/?utm_source=rss&utm_medium=rss&utm_campaign=home-secretary-delayed-decisions-on-trafficking-victims-cases-because-of-rwanda-policy-paving-the-way-for-potential-damages-claims Wed, 31 Jul 2024 07:30:00 +0000 https://freemovement.org.uk/?p=211182 In response to the judicial review claim R (MS) v SSHD AC-2024-LON-000866, the Home Secretary has admitted a practice of intentionally delaying claims for temporary permission to stay made by asylum seeking trafficking victims who were at the time earmarked for possible removal to Rwanda. The pause, which was not published or admitted until now, […]]]> https://freemovement.org.uk/new-home-office-guidance-clarifies-transitional-provisions-for-absences-in-the-10-year-long-residence-route/?utm_source=rss&utm_medium=rss&utm_campaign=new-home-office-guidance-clarifies-transitional-provisions-for-absences-in-the-10-year-long-residence-route Tue, 16 Jul 2024 07:30:00 +0000 https://freemovement.org.uk/?p=210661 The change to the immigration rules on 11 April 2024 regarding how absences would be calculated in the long residence route initially caused a lot of confusion because the drafting of the new rules was ambiguous, yet the updated guidance seemed to suggest that the 548 day limit no longer applied at all to applications […]]]> https://freemovement.org.uk/almost-four-year-delay-in-deciding-trafficking-claim-held-to-be-lawful-by-high-court/?utm_source=rss&utm_medium=rss&utm_campaign=almost-four-year-delay-in-deciding-trafficking-claim-held-to-be-lawful-by-high-court https://freemovement.org.uk/almost-four-year-delay-in-deciding-trafficking-claim-held-to-be-lawful-by-high-court/#comments Thu, 13 Jun 2024 07:30:00 +0000 https://freemovement.org.uk/?p=209697 The High Court has said that it was not unlawful that a Kenyan refugee who had been trafficked to the UK as a domestic worker had to wait from August 2019 to April 2023 for a decision on her trafficking claim. The court also said that the delays within the National Referral Mechanism generally are […]]]> https://freemovement.org.uk/almost-four-year-delay-in-deciding-trafficking-claim-held-to-be-lawful-by-high-court/feed/ 1 https://freemovement.org.uk/high-court-dismisses-challenge-to-lack-of-legal-aid-for-windrush-compensation-scheme/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-dismisses-challenge-to-lack-of-legal-aid-for-windrush-compensation-scheme Wed, 29 May 2024 07:30:00 +0000 https://freemovement.org.uk/?p=209099 The High Court has held that the decision to refuse to grant exceptional case funding for legal aid to a person applying to the Windrush compensation scheme was lawful. The case is R (Oji) v The Director of Legal Aid Casework [2024] EWHC 1281 (Admin). Background to the compensation scheme The Windrush compensation scheme was […]]]> https://freemovement.org.uk/trafficking-statistics-show-positive-decisions-by-the-immigration-enforcement-competent-authority-are-at-a-record-low/?utm_source=rss&utm_medium=rss&utm_campaign=trafficking-statistics-show-positive-decisions-by-the-immigration-enforcement-competent-authority-are-at-a-record-low Thu, 16 May 2024 07:30:00 +0000 https://freemovement.org.uk/?p=208619 The latest modern slavery statistics have been published and show that the ‘immigration enforcement competent authority’ had made its lowest percentage of positive conclusive grounds decisions confirming that a person is recognised as a victim of trafficking since it was set up, with a recognition rate of 20.68% for the period January to March 2024. […]]]> https://freemovement.org.uk/what-is-the-20-year-rule-on-long-residence-and-other-private-life-applications/?utm_source=rss&utm_medium=rss&utm_campaign=what-is-the-20-year-rule-on-long-residence-and-other-private-life-applications Fri, 10 May 2024 07:30:00 +0000 https://freemovement.org.uk/?p=208503 The immigration rules allow some people to apply to remain in the UK on the basis of long residence. Those who had periods of overstaying can apply for limited leave to remain following 20 years’ continuous residence. We have a separate briefing on applying for indefinite leave to remain for those who have had ten […]]]>