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Migration, Citizenship, and Free Movement

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Category: Immigration Rights

Home Office immigration powers extend to the detention and sale of transporters. Under statutory warrant there is both civil and criminal jurisdiction in relation to the liability of carriers of persons subject to immigration control who lack the necessary authorisation to lawfully enter the United Kingdom on arrival. Where a civil penalty is imposed and remains unpaid, the Secretary of State has swinging powers to detain a transporter (even one other than the one used that gave rise to the penalty) and, where the penalty remains unpaid, to sell it.
February 18, 2026February 18, 2026Adrian Berry

The Detention and Sale of Transporters in Carriers’ Liability Civil Penalty Law: Part 1 – Detention

The Home Office plans to make it more difficult for lawfully present migrants to secure permanent residence in the United Kingdom. Among other things, it plans to do so by penalising those migrants lawfully able to use public funds from actually doing so. Under its proposals in A Fairer Pathway to Settlement – A statement and accompanying consultation on earned settlement (November 2025)
February 9, 2026February 10, 2026Adrian Berry

Manufacturing Segregation – The Home Office ‘Earned Settlement’ proposals

Home Office policy of pausing EUSS applications where there is a pending prosecution ruled unlawful
July 9, 2024July 10, 2024Adrian Berry

Home Office policy of pausing EUSS applications where there is a pending prosecution ruled unlawful

The Interim Remedies clause was omitted from the Illegal Migration Bill in a vote on an amendment in the House of Lords at Report stage. To uphold the constitutional principle of the rule of law, the Lords must resist its re-inclusion into the Bill by the Commons.
July 12, 2023July 12, 2023Adrian Berry

The Illegal Migration Bill: the Interim Remedies clause and the Rule of Law

The Illegal Migration Bill contains provisions, the use of which would frustrate the effect of interim measures from the European Court of Human Rights (ECtHR) in Strasbourg. In practice this means that such interim measures would have limited or perhaps no legal effect in stopping the Home Secretary removing from the UK persons subject to immigration control, including those seeking asylum. This is no need for this measure.
April 1, 2023April 1, 2023Adrian Berry

The Illegal Migration Bill: Interim Measures from the European Court of Human Rights

The Windrush generation who came to the UK as children prior to 1 January 1973 often have problems proving their UK arrival, and thereafter status prior to that date, when seeking to regularise their status in the UK or when seeking compensation under the Windrush Compensation Scheme for ill-treatment at the hands of the Home Office. Some of these problems are specific to their status as minor children on arrival and thereafter when in-country. As such, they deserve discrete consideration. The most problem important is tracing status against the development of UK immigration control of Commonwealth citizens from 1962 onwards.
March 24, 2023March 24, 2023Adrian Berry

Windrush: Commonwealth Citizen children arriving in the UK prior to 1973

Illegal Migration Bill: Entry, Settlement, and Citizenship
March 20, 2023March 20, 2023Adrian Berry

Entry, Settlement, and Citizenship in the Illegal Migration Bill

The past was a different place. People did things differently. Even the Home Secretary. That matters when members of the Windrush generation seek to regularise their status or seek compensation for past wrongs. There is a common mistake at large that when a person left the UK for more than two years, their indefinite leave lapsed. That might be true today but it was not always true in the past.
March 10, 2023March 10, 2023Adrian Berry

Windrush: Leaving the UK before 2000, the problem of Lapsing Leave

The Withdrawal Agreement and after: EU Citizens’ Rights for the People of Northern Ireland
May 19, 2020May 19, 2020Adrian Berry

The Withdrawal Agreement and after: EU Citizens’ Rights for the People of Northern Ireland

Economic and Social Justice issues in the Immigration and Social-Security Co-ordination (EU Withdrawal) Bill
April 26, 2020April 26, 2020Adrian Berry

Economic and Social Justice issues in the Immigration and Social-Security Co-ordination (EU Withdrawal) Bill

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