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
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
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
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
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
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
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
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
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
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
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
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
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
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
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,
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
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
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
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
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
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)
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
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
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.
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
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
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.
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
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
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
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
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
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
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
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
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
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
From 1 July 2021, EU, EEA and Swiss citizens living in the UK without having applied for pre-settled or settled status under the EU Settlement
Here on Free Movement we have been repeating until we are blue in the face that the deadline for EU Settlement Scheme applications is 30
Although the UK left the European Union on 31 January 2020 and the post-Brexit transition period came to an end on 31 December 2020, certain
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 extent human rights arguments can be considered in EU Settled Status appeal. In short: they can be considered where the...
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 a global pandemic – when people faced difficulty travelling, marrying, and getting advice from an immigration lawyer – was bound...
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 settled or pre-settled status. This is the conclusion of the Upper Tribunal in Batool and others (other family members: EU...
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 achievement for the Home Office. The department took on a momentous task when the UK government decided that everyone who...
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 Office has confirmed. The department announced today that it would not be changing the rules in this area, despite having...
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 as to what would happen to the British dependant if their primary carer(s) indeed left the UK. In the case...
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 friendlier EU law rules on family migration, rather...
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 perspective. But with the end of...
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 insurance Some rights to reside under EU law always seemed little more than...
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 the approach to late applications to the scheme, the main deadline...
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 problems to this day, at least on paper. Baroness Ludford, speaking in the...
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] EWCA Civ 37 leaves the situation for these carers — non-EU parents...
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 failing people, with only 44% of calls getting through...
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 had a residence card on the basis of a durable relationship with his...
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 citizenship after the extended family...
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 transition period, extending the application...
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 Pensions [2021] UKSC 53. Pre-settled status allows EU citizens living...
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 breach of a deportation order (twice). Rather than seeking to enforce the deportation order,...
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 people previously in the UK as students or self-sufficient persons. As...
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 members, such as spouses, civil partners, children and dependent parents, who...
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. The opinion is only advisory; it is not legally binding. But the opinion of the Advocate...
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 the UK. The tribunal concluded that it did not. As a...
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 As far as Appendix EU is concerned, the first...
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 concession is a policy operated by the Home Office that is more...
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: While the numbers applying late [i.e. after 30 June...
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 Department for Communities in Northern Ireland. This...
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 years to come. This post will try to unravel this...
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 invites representations. The second stage is issuing the...
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 deadline for EU residents and their...
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. Legislation in Belgium designed to facilitate the removal of unauthorised non-EU nationals,...
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 so — but also some pitfalls and potential issues to...
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 from applying. With the deadline to...
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 those who are eligible but haven’t applied yet. That...
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 rights, even after naturalisation. This is particularly helpful for...
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 they have permission to remain granted under...
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 then travels to the UK as their spouse. After a...
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 many European travellers, this...
From 1 July 2021, EU, EEA and Swiss citizens living in the UK without having applied for pre-settled or settled status under the EU Settlement Scheme will be here unlawfully. The Home Secretary confirmed a few months ago that people can apply after that deadline, but they must have “reasonable...
Here on Free Movement we have been repeating until we are blue in the face that the deadline for EU Settlement Scheme applications is 30 June 2021. Regular readers may by now feel rather bludgeoned over the head with this fact, but it remains a vitally important message given that...
Although the UK left the European Union on 31 January 2020 and the post-Brexit transition period came to an end on 31 December 2020, certain aspects of EU free movement law continue to apply into 2021 — but not for much longer. Old EU residence documents such as permanent residence...
