All Articles: EU Free Movement

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 […]

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26th January 2022
BY Bethan Lant

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 […]

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26th January 2022
BY Andreea Dumitrache

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 […]

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10th January 2022
BY Sarah Pinder

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 […]

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21st December 2021
BY Iain Halliday

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 […]

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3rd December 2021
BY Charlotte O'Brien

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 […]

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1st December 2021
BY CJ McKinney

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 […]

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26th November 2021
BY Samina Iqbal

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 […]

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23rd November 2021
BY Lara Parizotto

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 […]

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8th November 2021
BY Chris Benn

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 […]

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4th October 2021
BY Iain Halliday

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 […]

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22nd September 2021
BY Iain Halliday

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 […]

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20th September 2021
BY Sarah Pinder

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 […]

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17th September 2021
BY Alex Piletska

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 […]

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9th August 2021
BY CJ McKinney

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 […]

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16th July 2021
BY Bilaal Shabbir

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 […]

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30th June 2021
BY Samina Iqbal

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 […]

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29th June 2021
BY Iain Halliday

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 […]

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28th June 2021
BY CJ McKinney

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 […]

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25th June 2021
BY Bilaal Shabbir

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 […]

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22nd June 2021
BY Nath Gbikpi

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 […]

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21st June 2021
BY Nath Gbikpi

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 […]

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17th June 2021
BY Chris Benn

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 […]

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17th June 2021
BY Zahira Patel

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 […]

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10th June 2021
BY Nath Gbikpi

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 […]

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10th June 2021
BY Guy Davison

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 […]

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21st May 2021
BY John Vassiliou

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. […]

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12th April 2021
BY Chris Desira

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 […]

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1st April 2021
BY CJ McKinney

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 […]

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30th March 2021
BY Jack Freeland

As we approach 30 June 2021, the deadline to apply for the EU Settlement Scheme, people are increasingly and understandably worried about their applications. In this post, we* try to […]

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4th February 2021
BY Nath Gbikpi

No doubt you will have read about the mudslinging between the UK and EU over the lack of a visa-free deal for touring musicians and entertainers. This has been retweeted […]

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28th January 2021
BY Steve Richard

Furious musicians have gathered over 260,000 signatures on a petition to the British government asking for a “Europe-wide visa-free work permit for touring professionals and artists”. In response, the government […]

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19th January 2021
BY George Peretz

The end of free movement has, for better or worse, given rise to a number of new visa routes catering for workers looking to establish themselves in the UK. Joining […]

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18th January 2021
BY Joanna Hunt

The derivative right to reside as a primary carer of a child in education is largely a creation of the Court of Justice of the European Union (CJEU): see Teixeira […]

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6th January 2021
BY Desmond Rutledge

The Court of Appeal has handed down a ruling that should, if not successfully appealed, make it easier for millions of EU citizens with pre-settled status to claim benefits. The […]

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18th December 2020
BY CJ McKinney

In the case of Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53 the Supreme Court has held that there is no “exceptional circumstances” test that […]

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16th December 2020
BY Colin Yeo

On 5 July 1948, Aneurin Bevan launched the National Health Service, telling reporters “today we can say we have the best organised system of social security in the world”. Other […]

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1st December 2020
BY CJ McKinney

The UK government’s policy is that Brexit will not affect Irish nationals at all. Other EU citizens have to apply for a new “settled status” or risk losing their right […]

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20th November 2020
BY Alex Schymyck

The government has conceded that the EU Settlement Settlement probably discriminates against various groups protected by equality legislation but denies that it is unlawful, arguing that any discriminatory effects are […]

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19th November 2020
BY CJ McKinney

The Immigration Act 2020 has arrived. The new legislation — the full title of which is the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 — passed into law […]

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11th November 2020
BY Alex Schymyck
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