Free Movement

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Updates, commentary and analysis on UK immigration and asylum law. Sign up to our weekly email newsletter here: http://bit.ly/2yNDl3r.

The authority to carry scheme isn't just for suspected terrorists. The Court of Appeal has ruled the power under s.22(3) of the Counter-Terrorism and Security Act 2015 can be used much more broadly — the only real constraint is the discretion of the Home Secretary.

Authority to carry scheme applies to non-terrorists too - Free Movement

The Court of Appeal has overturned an earlier decision that the authority to carry scheme under section 22(3) of the Counter-Terrorism and Security Act 2015

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The Court of Appeal has reaffirmed that tribunals can't consider post-decision circumstances — even something as significant as the birth of a qualifying child — unless the Home Office consents. A crucial reminder of the limits on late evidence and section 120 notices in immigration appeals.

Court provides reminder of the limits of late evidence in appeals and section 120 notices - Free Movement

The Court of Appeal has reaffirmed that a tribunal cannot consider evidence after an application has been decided, unless the Home Office agrees.

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ICYMI: We published Ralitsa Peykova's analysis of the Upper Tribunal ruling that the Home Office unlawfully operated a secret policy capping trafficking leave at 12 months. The judgment has important implications for recognised victims of trafficking and their advisers.

Secret Home Office policy capping trafficking leave at 12 months declared unlawful - Free Movement

The Upper Tribunal has ruled that the Home Office unlawfully operated a secret, unpublished practice of limiting many recognised victims of trafficking to 12

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Immigration detention has no fixed time limit in the UK, so bail is often the only realistic route out. We've set out the full process for applying — who can apply, which tribunal handles it, and what conditions to expect. Essential reading if you're advising someone currently detained.

How to apply for immigration bail - Free Movement

This article explains how to apply for immigration bail. It covers who can apply, whether to apply to the Home Office or the tribunal, the factors a

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ICYMI: We published Jamie Bell's analysis of a significant Upper Tribunal decision rejecting the argument that National Age Assessment Board decisions deserve special weight. The ruling reaffirms that settled principles, including benefit of the doubt, apply whoever conducts the assessment.

No special weight to be given to National Age Assessment Board decisions as tribunal finds assessment ‘quite wrong’ - Free Movement

The Upper Tribunal has rejected the Home Office’s argument that special weight should be afforded to age assessments carried out by the National Age

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The Supreme Court has struck down a civil penalty notice for illegal working because it failed to specify the basis for the employer's liability. A significant procedural safeguard: the notice itself must make clear which limb of section 15 applies, not just that a penalty is due.

Supreme Court finds illegal working civil penalty notice invalid for failing to specify the basis for liability - Free Movement

The Supreme Court has allowed an appeal finding a civil penalty notice was invalid as it did not state the basis on which the employer was liable.

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JOIN US TODAY! Join our IAA Level 2 and 3 exam preparation workshop at 4pm today for advice on exam technique, practice questions and a full mock exam. Book your place here: https://freemovement.org.uk/product/workshop-exam-preparation-for-iaa-levels-2-and-3-aug-26/

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ICYMI: We published Victoria Taylor's update on how over 1,000 people seeking sanctuary have been prosecuted for "illegal arrival" since the offence was introduced in 2022. A stark look at how the law is actually being used, with the latest figures up to July 2025.

Over 1,000 people seeking sanctuary convicted of illegal arrival in the UK - Free Movement

Since June 2022, the Crown Prosecution Service (CPS) has prosecuted over a thousand people seeking asylum in the UK for the offence of ‘illegal arrival’,

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A trafficking survivor forced at gunpoint to steer a small boat across the Channel has won a significant judicial review concession from the Home Office. As Emily Soothill explains, this case offers a real foothold for challenging the prosecution of others who arrive by small boat in similar…

Successful legal challenge for survivor of trafficking forced to steer small boat across Channel - Free Movement

The Home Office has conceded an important judicial review claim brought by a survivor of trafficking who had been forced at gunpoint to pilot a small boat

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ICYMI: We published James Ritchie's entertaining and thought-provoking piece on the Life in the UK Test, exploring how its stranger-than-fiction questions sometimes feel more surreal than the fantasy and sci-fi he reads off the clock. Well worth a read if you missed it.

Life in the UK Test – stranger than fiction? - Free Movement

When I am lawyering, I am reading. When I am not lawyering, I am also usually reading. Away from the office I am not, as a rule, reading about immigration

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ICYMI: We shared a job listing on Free Movement for Head of Immigration at Plumstead Community Law Centre in South East London. Permanent role, £37,000–£42,000, at a specialist legal advice charity. Worth a look if you work in immigration law and want to make a difference.

Job ad : Head of Immigration. Plumstead Community Law Centre - Free Movement

Salary: £37,000–£42,000 per annum (depending on qualifications and experience) Contract: Permanent Location: Plumstead Community Law Centre, Royal Borough of

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📢FINAL CALL!📢 Join us on Monday to get ready for your IAA Level 2 or Level 3 exam, with advice on exam technique, practice questions and a full mock exam. Book your place: https://freemovement.org.uk/product/workshop-exam-preparation-for-iaa-levels-2-and-3-aug-26/

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Most immigration applications now cost around £4,000 once you factor in the fee and health surcharge. If you genuinely can't afford that, fee waivers exist — but the process is far from straightforward. Nath Gbikpi walks through how they work and what to watch out for.

Fee waivers: what can you do if you cannot afford to pay your immigration application fee? - Free Movement

This article will look at when it is possible to get a fee waiver on an immigration application submitted from within the UK. If you are interested in fee

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ICYMI: We published a job listing from White Rose Visas, who are recruiting a Senior Immigration Lawyer (Level 2/3 IAA Registered) or Immigration Solicitor to join their team. Worth a look if you're exploring new opportunities in immigration law.

Job ad: Senior Immigration Lawyer (Level 2 / Level 3 IAA Registered) / Immigration Solicitor - Free Movement

White Rose Visas is a well established immigration law company, regulated by the IAA. We have built our reputation on our core values: being trustworthy,

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The Upper Tribunal has found that the Home Office was running a secret, unpublished policy capping trafficking leave at 12 months for recognised victims of exploitation. That covert practice has been declared unlawful — though the now-published version of the same policy survived challenge.…

Secret Home Office policy capping trafficking leave at 12 months declared unlawful - Free Movement

The Upper Tribunal has ruled that the Home Office unlawfully operated a secret, unpublished practice of limiting many recognised victims of trafficking to 12

freemovement.org.uk

ICYMI: We published Colin Yeo's analysis of important Upper Tribunal guidance on when immigration lawyers are expected to identify suspected fraud by their own clients. A significant case with real implications for legal practitioners.

Immigration firm criticised for failing to identify possible client fraud - Free Movement

The Upper Tribunal has given guidance on when lawyers are expected to identify suspected fraud on the part of their clients. The case is the joined judicial

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