Immigration roundup: September 2024

Free Movement

In this episode of the podcast Barry does everyone a big favour by taking us through the autumn statement of changes in detail. Sonia and Barry also have a bit of a call to arms on discretionary grants of indefinite leave to remain and tackling the ten year route. The importance of scrutinising country policy and information notes in asylum claims is covered over a few different articles. Barry goes through the minefield of travelling with leave under Appendix EUSS or a pending application, as well as the additional powers given to Border Force officials to cancel leave granted under Appendix EUSS at the border. Sonia really really doesn't want people to abuse the fee waiver process. We also cover Windrush and freedom of information requests, a successful Tier 1 (Entrepreneur) judicial review, the latest on biometric residence permits and eVisas, and more. We finish up with a look at the recent legal aid challenge and what the next steps look like there.

The hour long podcast follows the running order below:

General immigration (00:30)

Statement of changes HC 217: fee waivers for bereaved partners, visa regime imposed on Jordan

Home Office confirms error in immigration rules and directs skilled worker sponsors to updated guidance

Asylum (10:30)

A troubling new approach to Afghan asylum claims

Inspection of Home Office’s country guidance on Rwanda includes concerns about methodology and omission of evidence

Concerns raised about Home Office use of country information in new report on LGBTQI+ people in Georgia

Detention (20:14)

Significant damages for victim of abuse at Brook House

Human rights (21:35)

Nelson Shardey and the ten year route to settlement: running an effective legal challenge and campaign

Sponsored migration (28:00)

‘New entrants’ salary discounts for the skilled worker route: who can benefit and how well does it work

Challenge to refusal of Tier 1 (Entrepreneur) extension succeeds due to Home Office errors

International recruitment and skills shortages: what can we expect from the Migration Advisory Committee’s review?

EU Settlement Scheme (34:55)

Upper Tribunal provides guidance on the deportation of EU nationals for post-Brexit conduct

Travelling to the UK with (and without) status under the EU Settlement Scheme

Procedure (42:55)

The risks of making a fee waiver application for the purpose of “buying time” to make a different application

General grounds for refusal: alleged deception, false information and innocent mistakes

Tribunal forces Home Office to publish report on the racism that underpinned the Windrush scandal

Report published on “The Historical Roots of the Windrush Scandal”

eVisas (49:15)

How to make a “no time limit” application

Lost or stolen biometric residence permits will no longer be replaced

Updated (50:30)

What happens when biometric residence permits expire in December 2024?

How to apply for a visa as the parent of a child in the UK

Pursuing compensation from the Home Office

Briefing: what is section 3C leave?

How to become a level 1 OISC adviser in immigration law

Good news! (53:10)

Lord Chancellor settles challenge to immigration and asylum legal aid rates