Last year the Court of Justice of the European Union handed down judgment in the case of McCarthy v United Kingdom C-202/13. In some ways it is a very straightforward case: […]
The follow up to Zambrano from the Court of Justice of the European Union was the case of McCarthy v UK [2011] EUECJ C-434/09. Facts Mrs McCarthy, a national of the […]
On 15th November 2011, the Court of Justice of the European Union (‘the CJEU’) handed down its judgment in the case of Dereci (C-256/11). This was a much awaited judgment after the ‘Zambrano and […]
The hotly anticipated (er, by EU law geeks and the parties mainly) judgment in McCarthy v United Kingdom (Case C-434/09) is now out. The appeal was dismissed: dual nationals living in […]
An Albanian national was mistakenly allowed to enter the UK by an immigration officer who used a stamp described by the Home Office Presenting Officer as “a stamp which is […]
Strategic litigation is a hot topic. Jolyon Maugham’s controversial Good Law Project provokes a visceral marmite effect. Some people absolute love it. Some, not so much. Sometimes referred to as […]
In case C-165/16 Lounes, the Court of Justice of the European Union found that EU citizens who moved to the UK to exercise free movement rights and later naturalised as […]
The DeSouza case raised complex issues of citizenship, identity and implementation of the Good Friday Agreement, but at the heart of the case was an immigration matter and a family […]
The government continues to keep us immigration lawyers on our toes, and everyone else completely flummoxed, with yet another statement of changes to the Immigration Rules. Thankfully, many of these […]
The Court of Appeal has confirmed that in order to benefit from the Surinder Singh principle, the family involved must have genuinely resided in another EU country and have created […]
The status orange weather warning was justified. On Stormont Hill in east Belfast we were exposed to the full blast of Storm Boris as it blustered fiercely around us. So […]
Most people born in Northern Ireland have or are entitled to dual citizenship, British and Irish. Generally people apply for the passport of the country which they identify with — […]
The judgment in Zambrano, and the following cases mentioned in the previous unit make it clear that EU member states have to allow primary carers of EU nationals to remain […]
Page contentsThe McCarthy caseFactsJudgmentThe Dereci caseFactsJudgmentThe Iida caseFactsJudgmentThe Ahmed case The McCarthy case Zambrano was handed down in March 2011. It was followed a couple of months later by the case […]
The government has announced that a new immigration regulation chief will take office later this year, filling a post left vacant since 2015. John Tuckett, a former submarine commander now […]
A new Immigration Services Commissioner will finally be appointed in 2019 — over three years after the last commissioner stood down. There has been no leader at the Office of […]
Yet again the Home Office has come under fire for its treatment of a European citizen, this time for denying an EEA residence card to the American husband of an […]
Kovacevic (British citizen – Art 21 TFEU) Croatia [2018] UKUT 273 (IAC) is about whether EU free movement law protects dual nationals (i.e. someone who is a citizen of the […]
The latest, and presumably last, amendments to the EEA Regulations were laid before Parliament on 3 July 2018. The Immigration (European Economic Area) (Amendment) Regulations 2018 (SI 2018 No. 801) will come into […]
Official headnote to Yussuf (meaning of “liable to deportation”) [2018] UKUT 117 (IAC): Section 32 of the UK Borders Act 2007 impliedly amends section 3(5)(a) of the Immigration Act 1971 by […]
A woman from Northern Ireland who refuses to identify as British in order to facilitate her husband’s immigration application has succeeded in her First-tier Tribunal challenge against the refusal of […]
What can immigration lawyers do when immigration law is uncertain? This was not, admittedly, the advertised theme of the Immigration Law Practitioners’ Association annual seminar on free movement, which took […]
Pretty obscure looking at first glance, this one: TM (EEA nationals – meaning; NI practitioners : Zimbabwe) [2017] UKUT 165 (IAC). So much so I confess I overlooked it. Firstly, some […]
The question of what rights are enjoyed by an EU citizen who naturalises as a British citizen and becomes a dual citizen has become a critically important one in the […]
Where a family member is not adjudged to have retained rights of residence under Directive 2004/38 then it may in some cases be possible to fall back on derived rights […]
Some EEA nationals or family members may wish to naturalise as British citizens. This is a very personal decision. However, it is important to be careful because the UK Government […]
Page contentsNo change, for nowWhat will happen to EEA nationals and family members?Is it worth applying for residence documents now?Should EEA nationals apply for naturalisation as British citizens? No change, […]
By Matthew Evans, Director, AIRE Centre Page contentsIntroductionWhat can EEA nationals and their family members residing in the UK do now to protect their position?Proving their rightsDelaysComprehensive Sickness InsuranceWhat other evidence […]
Several new guidance documents on EU law free movement cases have been published by the Home Office over the last few days. They are: EEA family permits: guidance for entry […]
On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not […]
Page contentsRights of Entry and ResidenceIntroductionRights of entry and residenceExclusion and expulsionCitizenshipFuture enlargement Rights of Entry and Residence By Steve Peers, University of Essex, 17 May 2016 Introduction The free […]
EU law free movement rights depend on whether a person meets the relevant criteria, not whether an application has been made and granted. EU law is quite different to domestic […]
There are several different types of EU residence document. The general rule is that an EU national or family member does not need to apply for and possess a residence […]
The easiest way to explain what a family permit is is to quote the Home Office’s own guidance to its staff: An EEA family permit is a document that we […]
I just came across a new (to me, at any rate) Home Office policy document entitled European Economic Area (EEA) case law and appeals which sets out the Home Office interpretation […]
Welcome to the January 2015 edition of the Free Movement immigration update podcast. This month marks a whole year of podcasts, and they have been quite a success so far, with […]
The Irish High Court has awarded a claimant over €100,000 in damages against the Irish government for breach of EU law free movement rights. The case is an example of […]
Some information about the shadowy Upper Tribunal Reporting Committee shared with me by the indefatigable Shoaib Khan, obtained through a Freedom of Information request: The current members of the reporting […]
Judgment has finally been handed down in the latest test case on Dublin removals to Italy, Tabrizagh and others v SSHD [2014] EWHC 1914 (Admin) and although it is on […]
