Free Movement

Free Movement Weekly Immigration Newsletter #109 - Free Movement Welcome to the weekly Free Movement newsletter! 

From last week: Free Movement Weekly Immigration Newsletter #109 | Jasmine Quiller-Doust

Free Movement Weekly Immigration Newsletter #110 - Free Movement Welcome to the weekly Free Movement newsletter! 

Latest post from us: Free Movement Weekly Immigration Newsletter #110 | Jasmine Quiller-Doust

Habeas corpus writ not to be used to challenge bail conditions - Free Movement In a very firm judgment in a case called R (On the Application Of CHK) v Secretary of State for the Home Department EWCA Civ 207, the Court of Appeal

From last week: Habeas corpus writ not to be used to challenge bail conditions | Colin Yeo

Free Movement Weekly Immigration Newsletter #110 - Free Movement Welcome to the weekly Free Movement newsletter! 

New from Free Movement: Free Movement Weekly Immigration Newsletter #110 | Jasmine Quiller-Doust

Is it possible to apply to register as a British National (Overseas) for the first time after 1997? - Free Movement When I was writing up the High Court's decision in Campbell, I was curious about this question of whether it is still possible to register as a British national (overseas).

In case you missed it: Is it possible to apply to register as a British National (Overseas) for the first time after 1997? | Alex Piletska

Home Office loses Afghan deportation appeal in Court of Appeal - Free Movement It is common knowledge in the immigration law community that the Home Office will, as a matter of policy and politics, always attempt to challenge an allowed

From last week: Home Office loses Afghan deportation appeal in Court of Appeal | Colin Yeo

Failure to follow vulnerable witness guidance not always an error of law - Free Movement In Khan v SSHD [2026] EWCA Civ 148, the court found that the tribunal’s failure to follow the vulnerable witness guidance was not an error of law.

This matters enormously in practice. Representatives need to raise vulnerability issues early, flag specific adjustments needed, and build a clear record — both to protect clients during hearings and to preserve grounds for challenge if things go wrong.

The key question is whether the failure to follow the guidance actually made a material difference to the proceedings. Courts will look at whether the outcome could realistically have been different had the guidance been properly applied.

The guidance sets out steps tribunals should take to ensure fairness for appellants whose vulnerabilities affect their ability to participate in proceedings and give evidence. But not every departure from that guidance will be enough to overturn a decision on appeal.

We've published a new piece on when a tribunal's failure to follow the Joint Presidential Guidance Note on vulnerable witnesses does and doesn't amount to an error of law. It's a nuanced area with real practical significance for immigration and asylum appeals.

Here we are: my first episode hosting the podcast and very sadly @barryoleary.bsky.social’s last!

Immigration roundup podcast: February 2026 - Free Movement If you listen to podcasts on your mobile phone, you can subscribe for free on Spotify and iTunes. Using a mobile device and subscribing has the

In case you missed it: Immigration roundup podcast: February 2026 | Jasmine Quiller-Doust

When would you ever use the secondary employment provisions? - Free Movement Secondary employment is a variation of skilled worker permission. It’s wonderfully niche following the expansion of the supplementary

From last week: When would you ever use the secondary employment provisions? | James Lamont

Failure to follow vulnerable witness guidance not always an error of law - Free Movement In Khan v SSHD [2026] EWCA Civ 148, the court found that the tribunal’s failure to follow the vulnerable witness guidance was not an error of law.

Latest post from us: Failure to follow vulnerable witness guidance not always an error of law | Niamh Fegan

Failure to follow vulnerable witness guidance not always an error of law - Free Movement In Khan v SSHD [2026] EWCA Civ 148, the court found that the tribunal’s failure to follow the vulnerable witness guidance was not an error of law.

New from Free Movement: Failure to follow vulnerable witness guidance not always an error of law | Niamh Fegan

Home Secretary makes written statement on coming asylum changes - Free Movement The Home Secretary, Shabana Mahmood, has made a formal written statement in Parliament on the upcoming changes to asylum protection. There's still little

From last week: Home Secretary makes written statement on coming asylum changes | Colin Yeo

High Court considers challenge to British National (Overseas) passport refusal - Free Movement The High Court in R (on the application of Campbell) v Secretary of State for the Home Department EWHC 289 (Admin) has held that His Majesty's Passport Office

From last week: High Court considers challenge to British National (Overseas) passport refusal | Alex Piletska

Is it possible to apply to register as a British National (Overseas) for the first time after 1997? - Free Movement When I was writing up the High Court's decision in Campbell, I was curious about this question of whether it is still possible to register as a British national (overseas).

Latest post from us: Is it possible to apply to register as a British National (Overseas) for the first time after 1997? | Alex Piletska

Is it possible to apply to register as a British National (Overseas) for the first time after 1997? - Free Movement When I was writing up the High Court's decision in Campbell, I was curious about this question of whether it is still possible to register as a British national (overseas).

New from Free Movement: Is it possible to apply to register as a British National (Overseas) for the first time after 1997? | Alex Piletska

High Court gives guidance on Article 3 operational duty and Illegal Migration Act - Free Movement The High Court has given guidance on the Home Office’s operational duty related to the detention of HIV positive detainees. The court also gave, for the first time, helpful guidance as to how the new...

From last week: High Court gives guidance on Article 3 operational duty and Illegal Migration Act | Jamie Bell

Immigration roundup podcast: February 2026 - Free Movement If you listen to podcasts on your mobile phone, you can subscribe for free on Spotify and iTunes. Using a mobile device and subscribing has the

Latest post from us: Immigration roundup podcast: February 2026 | Jasmine Quiller-Doust

Immigration roundup podcast: February 2026 - Free Movement If you listen to podcasts on your mobile phone, you can subscribe for free on Spotify and iTunes. Using a mobile device and subscribing has the

New from Free Movement: Immigration roundup podcast: February 2026 | Jasmine Quiller-Doust

He was then convicted of cannabis production and a proceeds of crime offence, receiving over three years' imprisonment. Deportation proceedings followed. He sought to rely on the s.117C exception requiring "lawful residence" for most of his life.

Mr Bokqiu arrived in the UK in 2000 aged 18, claimed asylum falsely stating he was a child from Kosovo. He was eventually granted ILR in 2011. The deception came to light when he applied for citizenship, and his ILR was revoked in 2020.

Statement of changes HC 1691: changes for refugees, skilled workers, children and more - Free Movement A new statement of changes was published yesterday spanning a whole range of changes big and small across many different categories, including refugees,

In case you missed it: Statement of changes HC 1691: changes for refugees, skilled workers, children and more | Alex Piletska

Is a person who obtained their leave by deception “lawfully resident”? - Free Movement In Bokqiu v SSHD [2026] EWCA Civ 191 the court found that a person who obtained their leave to remain by deception is not “lawfully resident”.

In case you missed it: Is a person who obtained their leave by deception “lawfully resident”? | Colin Yeo

Three months is enough: High Court confirms approach to salary assessment in sponsor licence revocation case - Free Movement The High Court considers the salary assessment and upheld the revocation of a care provider's sponsor licence.

In case you missed it: Three months is enough: High Court confirms approach to salary assessment in sponsor licence revocation case | Jack Freeland

Migration Advisory Committee call for evidence on Global Talent and Innovator Founder visas - Free Movement The government's Migration Advisory Committee is looking at how well or otherwise the current visa routes for unsponsored highly skilled individuals work.

In case you missed it: Migration Advisory Committee call for evidence on Global Talent and Innovator Founder visas | Colin Yeo

Home Secretary succeeds on children’s best interests ground in section 3C leave challenge - Free Movement The Home Secretary has succeeded on the best interests ground in R (Refugee And Migrant Forum of Essex And London & Anor) v SSHD [2026] EWCA Civ 86.

In case you missed it: Home Secretary succeeds on children’s best interests ground in section 3C leave challenge | Chai Patel

Statement of changes HC 1691: changes for refugees, skilled workers, children and more - Free Movement A new statement of changes was published yesterday spanning a whole range of changes big and small across many different categories, including refugees,

Latest post from us: Statement of changes HC 1691: changes for refugees, skilled workers, children and more | Alex Piletska