The court has held that a parent granted a family permit under the EU Settlement Scheme based on assumed dependency must show actual dependency to get leave to remain when […]
It’s the return of the “mystery” stamp! Although the Court of Appeal has come to a different conclusion than the Upper Tribunal did, holding that while a passport stamp did […]
The “Pending Prosecutions” section of the EU Settlement Scheme: suitability requirements version 8.0 policy, which provided for applications to be paused where there was a pending prosecution, has been held […]
Excess absences remain a real risk for holders of pre-settled status, with recent changes announced to the EU Settlement Scheme likely to cause more confusion. The changes mean that some […]
The Court of Appeal has, for the third time this year, had to intervene where the Upper Tribunal has failed to do so, in a case involving poor conduct on […]
The Home Office has published statistics for the period January to March 2024 showing a marked drop in the grant rate for asylum cases, tens of thousands of EU Settlement […]
The Upper Tribunal has overturned a decision by the First-tier Tribunal to allow the appeal of a couple who were trying to rely on their residence rights under EU law […]
If a European national receives a criminal conviction arising from conduct which took place before the Brexit cut-off date, how can they rely on those previous EU rules in an […]
The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of the Brexit transition period cannot […]
The latest instalment of the Akinsanya litigation, which looks at the entitlement of Zambrano carers to leave under Appendix EU has been decided by the High Court in Akinsanya & […]
In the context of British nationality law, EEA citizens residing in the UK from 2 October 2000 continue to not meet the definition of “settled”, unless they held indefinite leave […]
The latest immigration and asylum statistics have been published today. We have highlighted some of the interesting data below on asylum, EU Settlement Scheme, fee waivers and student and work […]
The Home Office has introduced some flexibility for some people who are applying late to the EU Settlement Scheme, after the rules were severely tightened in August last year. The […]
In Dani (non-removal human rights submissions) Albania [2023] UKUT 293 (IAC) the Upper Tribunal has said that an application made under the EU settlement scheme does not in itself amount […]
It is well established that the requirements of procedural fairness will very often require that a person who may be adversely affected by a decision is given an opportunity to […]
The Home Office has changed the immigration rules and the guidance on making applications to the EU Settlement Scheme, taking a far more restrictive approach to late applications than has […]
From 1 October 2023 any claim governed by the Civil Procedure Rules relating to a breach of citizens’ rights under the withdrawal agreements must be notified to the Independent Monitoring […]
…some parts of the rules relating to the EU Settlement Scheme are so difficult to comprehend that it is at least arguable that they lack the clarity of law. An […]
If you married an EU national in the UK after 31 December 2020, you can’t get leave to remain under the EU Settlement Scheme unless you previously had or applied […]
Digital technology plays a central role in the ongoing reform of British borders after Brexit, and the 2019 launch of the EU Settlement Scheme was a pivotal moment in this […]
Absences from the United Kingdom — time spent outside the UK, basically — can have an impact on whether a person qualifies for full settled status under the EU settlement […]
In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed notwithstanding the various Brexit regulations. […]
The British Nationality (Regularisation of Past Practice) Act 2023 came into force on 29 June 2023. It inserts a new section 50B into the British Nationality Act 1981. Section 50B […]
It is not often you’ll see an Upper Tribunal judge simply concede defeat trying to understand what on earth the immigration rules mean, but this is exactly what happened in […]
The Brexit fall out continues with the High Court finding in the case of Independent Monitoring Authority v Secretary of State for the Home Department [2022] EWHC 3274 (Admin) that […]
Across Europe, asylum seekers and displaced people are facing growing hostility as they look to start new lives escaping war and persecution. In Greece, there is continually mounting evidence of […]
The Home Office has finally responded to the Court of Justice of the European Union’s judgment in the case of VI v Her Majesty’s Revenue and Customs C-247/20, handed down […]
Appendix EU and Appendix EU (Family Permit) have both received some updates in the latest Statement of Changes to the Immigration Rules. The accompanying explanatory statement gives an overview of […]
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the Upper Tribunal considered to what […]
Many predicted that the heady mix of Brexit and COVID-19 would result in litigation, and so it has come to pass. Ending EU free movement law in the middle of […]
Extended family members who have made an application under the EU Settlement Scheme, without having first obtained a residence document under the Immigration (EEA) Regulations 2016 are not entitled to […]
The EU Settlement Scheme (EUSS) opened in 2018 and had issued almost 6.5 million decisions by the end of June 2022. The sheer scale of the scheme is a remarkable […]
Zambrano carers who already have permission to stay in the UK under the Immigration Rules cannot use the EU Settlement Scheme as a fast track to permanent residence, the Home […]
In the case of Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767, the Court of Appeal has confirmed that Zambrano applications always require factual inquiries […]
Under EU free movement law, British citizens who had been exercising “treaty rights” in the European Economic Area and then decided to move back to the UK could sponsor their […]
Before 1 January 2021, British and EU citizens did not require a visa to travel across the Channel on a business trip. This is largely still the case post-Brexit, so […]
Eligibility for NHS treatment does count as Comprehensive Sickness Insurance, the Court of Justice of the European Union has ruled. The case is C‑247/20 VI v Her Majesty’s Revenue and […]
The most recent version of the EU Settlement Scheme caseworker guidance was released on 9 December last year. After checking the “changes from last version of this guidance” you would […]
Regular readers will remember the problems caused by Comprehensive Sickness Insurance, or CSI. Essentially, certain EU citizens in the UK pre-Brexit were expected to have private health insurance. If they […]
