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Alex Piletska

@alexinlaw

Senior associate at Vanessa Ganguin Immigration Law. Contributing author to Free Movement and LexisNexis. Ranked in the Legal 500 and Chambers and Partners. All views are my own.

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10.10.2023
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Latest posts by Alex Piletska @alexinlaw

But this could potentially have enormous implications for children of British or settled parents for as long as the rule lasts. At present, child dependants of Appendix FM partners apply for limited leave, in line with their non-settled parent, and do not settle until they do, which takes five years at a minimum and sometimes longer. However, following this decision, where the British/settled sponsor is the child’s parent, it may be possible to apply for settlement for the child immediately under para 297(i)(f) instead of spending many years and many thousands of pounds on extension applications.

It is also possible for children already in the UK to apply for indefinite leave to remain under para 298, which has an equivalent provision. In circumstances where both parents are in the UK, one of whom is settled or British while the other has limited leave, it is difficult to imagine the Home Office reasonably concluding that the exclusion of their minor child is desirable, if the application is carefully prepared with strong evidence. This is particularly the case if the child is already living with them in the UK, as the disruption of the status quo is one of the factors that would be taken into account as part of the assessment.

This doesn’t just apply to people here in a family route like Appendix FM, either. There is nothing stopping, for example, a family in the UK in the Global Talent route from making this application on behalf of their minor child when the main applicant settles, provided the child is under 18 at the date of application. As the main applicant will usually qualify for indefinite leave to remain after three years, while dependant partners need to complete five years, this may help their children settle earlier.

But this could potentially have enormous implications for children of British or settled parents for as long as the rule lasts. At present, child dependants of Appendix FM partners apply for limited leave, in line with their non-settled parent, and do not settle until they do, which takes five years at a minimum and sometimes longer. However, following this decision, where the British/settled sponsor is the child’s parent, it may be possible to apply for settlement for the child immediately under para 297(i)(f) instead of spending many years and many thousands of pounds on extension applications. It is also possible for children already in the UK to apply for indefinite leave to remain under para 298, which has an equivalent provision. In circumstances where both parents are in the UK, one of whom is settled or British while the other has limited leave, it is difficult to imagine the Home Office reasonably concluding that the exclusion of their minor child is desirable, if the application is carefully prepared with strong evidence. This is particularly the case if the child is already living with them in the UK, as the disruption of the status quo is one of the factors that would be taken into account as part of the assessment. This doesn’t just apply to people here in a family route like Appendix FM, either. There is nothing stopping, for example, a family in the UK in the Global Talent route from making this application on behalf of their minor child when the main applicant settles, provided the child is under 18 at the date of application. As the main applicant will usually qualify for indefinite leave to remain after three years, while dependant partners need to complete five years, this may help their children settle earlier.

Important write up by @alexinlaw.bsky.social of an important Court of Appeal case on children and the immigration rules freemovement.org.uk/important-co...

20.01.2026 10:59 👍 8 🔁 8 💬 1 📌 0
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Briefing: the implications of the “earned settlement” proposals and what they might mean in practice - Free Movement We’ve now had a few weeks to digest the “earned settlement” policy document, which outlines the proposed changes to the settlement system ahead of the public

A very useful guide from @alexinlaw.bsky.social at @freemovement.bsky.social

10.12.2025 09:41 👍 4 🔁 3 💬 0 📌 0
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It's time we asked a different question about migration: Why are so many British people leaving the UK?

inews.co.uk/opinion/immi...

19.11.2025 17:35 👍 451 🔁 120 💬 112 📌 22
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Vote Labour

17.11.2025 08:49 👍 1376 🔁 477 💬 21 📌 16

Would we expect this just to affect failed asylum seekers (as this is found in the failed asylum seekers section) or could Syrian refugees applying to settle now after five years of residence be affected too (at least for as long as the current system applies)?

17.11.2025 16:43 👍 0 🔁 0 💬 0 📌 0
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Asylum and returns policy statement This policy statement sets out significant reforms to the UK’s asylum and returns policy.

I'm reading through the white paper or whatever it is. RESTORING ORDER AND CONTROL: A statement on the government’s asylum and returns policy www.gov.uk/government/p...

17.11.2025 15:48 👍 140 🔁 98 💬 12 📌 32

A friend and I spent a rainy day looking at this and there are some changes that essentially means that an "exceptional circumstances" test will be applied to those in this situation. Superior analysis here @alexinlaw.bsky.social : freemovement.org.uk/new-suitabil...

26.10.2025 15:26 👍 1 🔁 3 💬 0 📌 0
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Ban passengers playing loud music on public transport, say Tories The Tories say they would change the law to so that nobody has to "endure somebody else's choice of crap music" while on the move.

Well well well, if it isn’t the Tories doing something right for a change

news.sky.com/story/ban-pa...

02.09.2025 18:01 👍 3 🔁 0 💬 1 📌 0

Really fun Tudor fact: Katherine Parr, Henry III’s sixth wife, is named after Catherine of Aragorn, his first wife, because her mother was her lady in waiting.

Henry VIII was in the wife business for so long that his last wife was named after his first wife.

15.08.2025 18:19 👍 4 🔁 1 💬 0 📌 0
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UK system trapping survivors in “the grey zone” - FreedomUnited.org Survivors in the UK are being left without the right to work, trapped in a grey zone facing ongoing uncertainty and insecurity.

The UK’s National Referral Mechanism traps migrant workers like Cynthia—who escaped abusive employers—in limbo without the right to work, leaving them vulnerable to re-exploitation. Advocates demand real protections beyond this ineffective “band-aid” system.

www.freedomunited.org/news/uk-surv...

05.07.2025 18:06 👍 11 🔁 5 💬 0 📌 3

Hello you! Haha I haven’t played VII yet because I’m waiting for all the bugs to be worked out but I’m looking forward to it

10.06.2025 11:18 👍 1 🔁 0 💬 1 📌 0
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Explaining a 31-month sentence for a tweet How a mixture of court process, law and sentencing policy led to the lengthy imprisonment of Lucy Connolly

NEW

Explaining a 31-month sentence for a tweet

How a mixture of court process, law and sentencing policy led to the lengthy imprisonment of Lucy Connolly

By me

Substack: emptycity.substack.com/p/explaining...

Personal blog: davidallengreen.com/2025/05/expl...

27.05.2025 09:38 👍 332 🔁 124 💬 21 📌 24
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Court of Appeal really lays into the EUSS rules for being basically impenetrable in a recent case.

27.05.2025 12:00 👍 4 🔁 0 💬 0 📌 0

So after months chasing after Reform votes and a major announcement which caused widespread offence and anger among everyone left of Robert Jenrick, a full four per cent of Reform voters now have a favourable impression of Labour, top work from all concerned

16.05.2025 14:00 👍 23 🔁 8 💬 2 📌 0

I am obviously extra conscious of this since Alex's article (freemovement.org.uk/housesitters...) but a health warning on this would be sensible especially given the recent reports of tourists getting banged up on the US border

11.03.2025 19:34 👍 6 🔁 1 💬 1 📌 0

What a lot of people are missing about Trump’s meeting with Zelensky is that there was a massive language barrier which obviously hindered communication. But if Trump takes some English lessons before their next meeting, it might be more productive.

08.03.2025 22:16 👍 13 🔁 3 💬 2 📌 0

Aw thanks! Hope you’re having an excellent Saturday

08.03.2025 22:51 👍 0 🔁 0 💬 0 📌 0

What a lot of people are missing about Trump’s meeting with Zelensky is that there was a massive language barrier which obviously hindered communication. But if Trump takes some English lessons before their next meeting, it might be more productive.

08.03.2025 22:16 👍 13 🔁 3 💬 2 📌 0

Remote working is a bit of a grey area. If it’s just answering a few emails and having a Zoom meeting, this should be fine, but if the purpose of a holiday is to work full time from here, that might be an issue.

25.02.2025 22:04 👍 1 🔁 0 💬 1 📌 0
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Housesitters and holiday swappers: what are the immigration law implications? - Free Movement Companies like TrustedHousesitters have recently hit the news following a number of incidents whereby some of its international members tried to enter the UK

In case you missed it: Housesitters and holiday swappers: what are the immigration law implications? | Alex Piletska

25.02.2025 12:32 👍 4 🔁 1 💬 1 📌 1

Hello there, my friend! Glad to have you here. Yeah since the Nazi salute I’ve basically just stayed away from the bird app.

25.02.2025 22:02 👍 1 🔁 0 💬 0 📌 0
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Housesitters and holiday swappers: what are the immigration law implications? - Free Movement Companies like TrustedHousesitters have recently hit the news following a number of incidents whereby some of its international members tried to enter the UK

Interesting and very useful piece from @alexinlaw.bsky.social

24.02.2025 16:36 👍 5 🔁 5 💬 1 📌 0

Top 10 Free Movement blog posts of 2024 by page views. Some of these were open access already and I’ve removed the lock on the others.

02.01.2025 09:34 👍 5 🔁 3 💬 1 📌 0
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There is no 180 day a year rule for visitors to the UK - Free Movement One of the most common UK immigration myths is that there is a maximum permitted stay of 180 days in a year (or six months in 12 months) for UK visitors.

4. There is no 180 day a year rule for visitors to the UK, @johnvassiliou.bsky.social , last republished 11 July 2023, 90,522 views freemovement.org.uk/there-is-no-...

02.01.2025 09:34 👍 2 🔁 1 💬 1 📌 1
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High Court finds passport office prevented from refusing passport to person who may not actually be British - Free Movement In a really interesting case, the High Court has held that issue estoppel prevents His Majesty's Passport Office from refusing to issue a passport to an

5. High Court finds passport office prevented from refusing passport to person who may not actually be British, @alexinlaw.bsky.social, 24 July 2024, 74,536 views freemovement.org.uk/high-court-f...

02.01.2025 09:34 👍 2 🔁 1 💬 1 📌 0
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"But I don’t know any barristers" – the case for scrapping the referee requirement for citizenship applications - Free Movement Currently, anyone applying for British citizenship has to find two referees to vouch for their identity and confirm they are unaware of any reason why the

6. “But I don’t know any barristers” – the case for scrapping the referee requirement for citizenship applications, @alexinlaw.bsky.social, 26 November 2024, 66,270 views freemovement.org.uk/but-i-dont-k...

02.01.2025 09:34 👍 1 🔁 1 💬 1 📌 0

The potential concession is a youth mobility scheme, possibly along the lines of free movement for under 30s but no details have been hashed out yet.

11.12.2024 12:14 👍 3 🔁 0 💬 0 📌 0
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'Move on' period for refugees doubled to 56 days in victory for the Standard The Standard has secured a major victory in its A Place to Call Home winter appeal

Some positive news! The Home Office are piloting giving newly recogised refugees 56 days before they lose their asylum support instead of the current 28 days. Some concerns about the details, but 28 days isn’t long enough to find somewhere to live & another income
www.standard.co.uk/news/uk/home...

05.12.2024 19:44 👍 111 🔁 34 💬 4 📌 0

Haha yes, absolutely

03.12.2024 22:41 👍 0 🔁 0 💬 0 📌 0

The only difference I can identify is that most people applying for a UK passport will have never given their biometrics before, so there may be more of a case in favour of having sign off on their identity. I’m not sure how strong an argument that is though.

03.12.2024 18:22 👍 0 🔁 0 💬 1 📌 0