All Articles: EU Free Movement
Late applications under the Surinder Singh immigration route
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 family members to come with them. This allowed them to use the friendlie ...
29th March 2022Business travel between the UK and EU: immigration and visa rules
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 we’ve been left with the appearance that nothing has really changed from a legal pe ...
28th March 2022UK wrongly insisted on Comprehensive Sickness Insurance for years, EU court finds
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 Customs. Background: non-working EU citizens needed health ...
15th March 2022Repeat applications to the EU Settlement Scheme
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 be forgiven for assuming that nothing had changed about ...
1st March 2022Nobody has been refused citizenship for lack of CSI
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 didn’t, it can still cause them legal pr ...
4th February 2022Uncertainty persists for Zambrano carers following Court of Appeal ruling
The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v Secretary of State for the Home Department [2022] E ...
26th January 2022More than half of calls to EU Settlement Scheme helpline unanswered
People having problems with their application to the EU Settlement Scheme or issues proving their status have one main point of contact with the Home Office: the EUSS helpline. The Home Office has now revealed that this valuable resource has been fail ...
26th January 2022Ex-partners don’t retain EU law residence rights after domestic abuse
Singh (EEA; EFMs) [2021] UKUT 319 (IAC) is the latest instalment from the Upper Tribunal on EU free movement law in outstanding cases from before Brexit — specifically, retained rights of residence for “durable partners”. Mr Singh ha ...
10th January 2022No EU citizenship, no extended family members
In Sabina Begum v Secretary of State for the Home Department [2021] EWCA Civ 1878 the Court of Appeal considered whether an extended family member, hoping to stay in the UK with their EEA citizen sponsor, can do so when the sponsor only acquired that ...
21st December 2021‘Twas the Night Before Christmas, and Santa was filling in UK border forms
In the run-up to Christmas, Santa must be getting ready for his round-the-world trip on the night of 24 December. But this is the first year he will be trying to get in and out of the UK without free movement measures applying. The post-Brexit transit ...
3rd December 2021Supreme Court overturns expansion of benefits rights for EU citizens
The Supreme Court has overturned last year’s ruling that EU citizens with pre-settled status should be able to claim Universal Credit without having to jump through hoops. The case is Fratila and another v Secretary of State for Work and Pension ...
1st December 2021EU law still applies in legacy appeals under the EEA Regulations
Geci (EEA Regs: transitional provisions, appeal rights) Albania [2021] UKUT 285 (IAC) is another appeal under the Immigration (European Economic Area) Regulations 2016, but with “highly unusual” facts. Mr Geci had returned to the UK in bre ...
26th November 2021This one simple amendment could end the CSI anomaly in British citizenship
Comprehensive Sickness Insurance (CSI) continues to be a barrier to British citizenship for EU citizens. Although EU citizens were not required to have CSI to qualify for the EU Settlement Scheme, it lingers on in the citizenship requirements for peop ...
23rd November 2021Dependent relatives to get EU Settlement Scheme family permits
The UK’s agreements on the post-Brexit rights of EU, EFTA and Swiss residents allow beneficiaries to sponsor their non-European family members to live with them in the UK. There are broadly two types of eligible family members: direct family mem ...
8th November 2021EU court considers Comprehensive Sickness Insurance
Advocate General Hogan’s opinion in case C‑247/20 VI v Commissioners for Her Majesty’s Revenue & Customs concludes that someone no longer requires Comprehensive Sickness Insurance (CSI) once they have permanent residence under EU law. T ...
4th October 2021Did the Home Office inadvertently strengthen the rights of Zambrano carers in 2018?
In Velaj (EEA Regulations – interpretation; Reg 16(5); Zambrano) [2021] UKUT 235 (IAC) the Upper Tribunal looked at whether the Home Office accidentally liberalised the regulations on when the primary carer of a British child can be removed from ...
22nd September 2021Helpful changes for family members applying under the EU Settlement Scheme
Changes to Appendix EU and Appendix EU (Family Permit) to the Immigration Rules come into force on 6 October 2021. This post attempts to flag the significant changes that are likely to impact on current and future applications. Joining family members ...
20th September 2021Some coronavirus concessions are being written into the Immigration Rules
Scattered throughout the latest statement of changes like needles in a 186-page haystack are three COVID-19 concessions that previously only appeared in Home Office guidance. They will now form part of the Immigration Rules. In immigration law, a conc ...
17th September 2021Good news for EU citizens making late applications for post-Brexit residence rights
EU citizens and their families who apply late to the EU Settlement Scheme will have their day-to-day rights protected while that application is considered, the Home Office has announced. The U-turn came in a press release on Friday evening, which says ...
9th August 2021Job ad: immigration advice manager and senior immigration adviser, Settled
Settled has vacancies for 2 immigration advisers interested in setting up new services for EU citizens in Scotland and North West England. The deadline for applications to the EU Settlement Scheme has just passed — now the real work begins ...
16th July 2021Denying benefits to EU pre-settled status holders justified if no fundamental rights breached
The Court of Justice of the European Union has held that refusing Universal Credit to EU citizens with pre-settled status is justified so long as there is no risk of breaching fundamental rights under the EU Charter. The case is C-709/20 CG v Departme ...
16th July 2021Revocation of deportation orders under EU law after Brexit
Non-EU citizens can potentially have a deportation order against them revoked where they have acquired or could acquire rights as family members of EU nationals. Such opportunities will continue to be relevant to a specific group of people for some ye ...
30th June 2021Protections for EU citizens served with notice of deportation
When the Home Office want to deport an EU citizen who has committed a criminal offence it adopts a two-stage process. First it issues a Deportation Liability Notice (DLN). This lets the person know that the Home Office is considering deportation and i ...
29th June 2021Briefing: what happens to EU citizens who miss the settled status deadline?
The Brexit vote, the triggering of Article 50, the failed May deal, the Johnson capitulation, the legal exit at the start of 2020 and the economic exit at the year’s end have all come and gone. On 30 June 2021 comes another milestone: the deadli ...
28th June 2021Non-Europeans can be detained for longer, EU Court of Justice decides
An eight-month detention period for EU citizens is disproportionate, the Court of Justice of the European Union has decided. The case is C-718/19 Ordre des barreaux francophones and germanophone and Others. The case originated in the Belgian courts. L ...
25th June 2021Briefing: to Zambrano or not to Zambrano?
The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now apply for residence rights under the EU Settlement Scheme. There are many advantages to doing s ...
22nd June 2021Lengthy absences from the UK can put EU settled status at risk
For most people, the EU Settlement Scheme has largely lived up to its government billing as generous and straightforward, but confusion over permitted absences is likely to cause some European residents trouble down the line. People with pre-settled s ...
22nd June 2021Latest on Zambrano carers and the EU Settlement Scheme
On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as it prevented those with permission to remain under another part of the Immigration Rules f ...
21st June 2021How do Covid-related absences from the UK affect EU pre-settled status?
On 15 December 2020 the Home Office published a short guidance document covering absences from the UK connected to COVID-19. It applies to EEA citizens and their family members who have settled or pre-settled status under the EU Settlement Scheme, or ...
17th June 2021Dual EU/UK nationals can sponsor family members under the EU Settlement Scheme
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 British (while also keeping their EU nationality) retain their free movement right ...
17th June 2021High Court finds the EU Settlement Scheme rules for Zambrano carers unlawful
In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because ...
10th June 2021Is Grandma allowed to stay? Retained rights of residence for in-laws
One of the trickier aspects of EU free movement law is “retained” rights of residence for family members if the relationship with their EEA citizen sponsor ends. A common scenario is where an EEA national marries a non-EEA national who the ...
10th June 2021EU citizens are being denied entry to the UK – what are the visa rules for visitors?
Travel to the UK is opening back up, but not as we previously knew it. The news has been replete with examples of EU citizens being denied entry at UK airports and detained for removal. These stories are nothing new to jaded non-European ears. But for ...
21st May 2021