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
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
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
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
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
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
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
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
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”
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
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
The UK government has long taken the position that EU citizen students and self-sufficient people who do not have Comprehensive Sickness Insurance are living in
Appendix EU and Appendix EU (Family Permit), which contain the rules for the EU Settlement Scheme, have received their latest revamp in the recent statement
The Home Secretary has a lot of power over naturalisation, the process by which foreign nationals can acquire British citizenship. The criteria for naturalisation are
On 30 September 2020 the Home Office updated its good character policy for naturalisation to make it even harder for EU nationals to become British
Digital-only residence permits could make it harder for migrants to access vital services like jobs and housing, a new report warns. Landlords and employers used
Although the UK ceased to be a member of the EU on 31 January 2020, the transition period arrangements mean that EU citizens can still
As we’re constantly being reminded, free movement will come to an end this year. From 1 January 2021, EU/EEA/Swiss citizens who wish to move to
From next year there will be two categories of EEA national: Those who began their residence in the UK before 31 December 2020; and Those who began
Many eastern European migrant workers don’t know that the EU Settlement Scheme exists, new research suggests. A survey of EU citizens in Cambridgeshire by the
It was the worst of times; it was the worst of times. As a result of the Home Office gridlock caused by the coronavirus pandemic,
The appellant in the case of Konevod v Secretary of State for Work And Pensions [2020] EWCA Civ 809 moved to Cyprus in 2014 to become
With one year left before the close of the EU Settlement Scheme, the headline numbers look positive for the Home Office. By the end of
Reading judgments from the Upper Tribunal on the EEA Regulations often feels like going back in time. A lot of the recent case law has
The EU Settlement Scheme promised convenience and efficiency for those required to secure their immigration status in the UK after Brexit. Yet statistics retrieved from
The Home Office has decided to make it more difficult for European residents to become British citizens. EU citizens with settled status who apply for
The European Commission has formally accused the UK government of breaching EU law on free movement of people. Brussels today launched “infringement proceedings” against the
The abandonment of an ongoing appeal seems to be a hot topic for the Upper Tribunal recently, with the case of Ammari (EEA appeals –
Tribunals that decide whether someone is entitled to benefits often have to grapple with our nightmarish immigration law. HK v SSWP (PC) [2020] UKUT 73
The High Court has rejected an argument that the regulations making it difficult for Europeans with pre-settled status to access most public funds are discriminatory
There is no way of telling how many EU citizens will be left living illegally in the UK because of Brexit, a new report has
A couple of weeks ago I wrote about the judicial review case of Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC
The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European
The Home Office has been concealing important data about the EU Settlement Scheme, an independent inspection report suggests. While the department refuses to release the
The years since the EU referendum have been an emotional rollercoaster for European citizens in the UK. Initial shock and disbelief were followed by months
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
See this article on applying for settled status after the deadline, which was on 30 June 2021. On 31 January 2020 at 11pm, the United
Following the Conservative Party’s victory in the December 2019 general election, and the passing of the Withdrawal Agreement Act on 23 January 2020, the UK
In Case C-32/19 AT v Pensionsversicherungsanstalt the Court of Justice of the European Union was asked to review Article 17(1)(a) of the Citizens’ Rights Directive. This
French chef Claude Bosi, holder of two Michelin stars for his Chelsea restaurant, published his Home Office refusal letter on Instagram today:
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 answer some of the most commonly asked questions about the scheme, for those who haven’t applied yet. You can find...
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 and attacked by seemingly every artist you’ve heard of, and even been debated in Parliament. The claims are that the...
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 claims that “during our negotiations, we proposed measures to allow creative professionals to travel and perform in both the UK...
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 their ranks is the frontier worker permit which opened to new applicants on 10 December 2020. Although only open to...
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 v Lambeth LBC (C-480/08) and Ibrahim v Secretary of State for the Home Department (C-310/08). The right is ultimately based...
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 case is Fratila and Tanase v Secretary of State for Work and Pensions [2020] EWCA Civ 1741. Alex explores the...
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 applies in EU law to protect a non-EU national carer from deportation. The case involved a Jamaican woman who is...
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 European countries demurred: instead of funding their health systems out of general taxation, they required their citizens to buy compulsory...
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 to live and work in the UK after June 2021. But the government’s position is that Irish people, whether existing...
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 justifiable. Campaigners have long been pushing for publication of the official assessment of how the scheme caters for groups protected...
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 today, 11 November 2020. The Act is much shorter than any of the other Immigration Acts but makes wide-ranging changes...
The UK government has long taken the position that EU citizen students and self-sufficient people who do not have Comprehensive Sickness Insurance are living in the UK unlawfully. The Home Office has now confirmed that people in this position will remain unlawfully resident in the post-Brexit “grace period” unless they...
Appendix EU and Appendix EU (Family Permit), which contain the rules for the EU Settlement Scheme, have received their latest revamp in the recent statement of changes (HC 813) to the Immigration Rules. The explanatory memo says that the changes “mainly reflect the end of the transition period” between the...
The Home Secretary has a lot of power over naturalisation, the process by which foreign nationals can acquire British citizenship. The criteria for naturalisation are set out in the British Nationality Act 1981, but that Act also empowers the Home Secretary to waive many of the criteria if she sees...
On 30 September 2020 the Home Office updated its good character policy for naturalisation to make it even harder for EU nationals to become British citizens. The new policy doubles the period of time, from five years to ten years, during which certain EU citizens in the UK must have...
Digital-only residence permits could make it harder for migrants to access vital services like jobs and housing, a new report warns. Landlords and employers used to physical passports and residence permits may discriminate against migrants whose proof of immigration status only exists online, according to the Public Law Project. Millions...
As we’re constantly being reminded, free movement will come to an end this year. From 1 January 2021, EU/EEA/Swiss citizens who wish to move to the UK to work and study will have to meet the requirements of the new points-based immigration system. Existing residents have until 30 June 2021...
From next year there will be two categories of EEA national: Those who began their residence in the UK before 31 December 2020; and Those who began their residence in the UK after 31 December 2020. The law a person is subject to will depend on which category they fall...
Many eastern European migrant workers don’t know that the EU Settlement Scheme exists, new research suggests. A survey of EU citizens in Cambridgeshire by the Social Market Foundation think tank found that barely half were aware of the Settlement Scheme. Even among those intending to stay in the UK long...
It was the worst of times; it was the worst of times. As a result of the Home Office gridlock caused by the coronavirus pandemic, EU citizens seeking to apply for post-Brexit immigration status under the EU Settlement Scheme have been disadvantaged in various ways, including longer processing times. The...
With one year left before the close of the EU Settlement Scheme, the headline numbers look positive for the Home Office. By the end of May 2020 more than 3.6 million applications had been made, although some people have applied more than once. This headline number may be masking a...
Reading judgments from the Upper Tribunal on the EEA Regulations often feels like going back in time. A lot of the recent case law has clarified points of law in favour of migrants but almost all have come far too late to be useful. The latest case of Chowdhury (Extended...
The EU Settlement Scheme promised convenience and efficiency for those required to secure their immigration status in the UK after Brexit. Yet statistics retrieved from the Home Office indicate that at least 36,000 applications had faced delays of over three months by October 2019. In this post, we explore what...
The Home Office has decided to make it more difficult for European residents to become British citizens. EU citizens with settled status who apply for naturalisation may now have to provide evidence that they have been living in the UK legally, according to an update to government nationality policy released...
The European Commission has formally accused the UK government of breaching EU law on free movement of people. Brussels today launched “infringement proceedings” against the UK, the process used to force EU member countries to comply with their legal obligations. The UK is no longer a member of the European...
The abandonment of an ongoing appeal seems to be a hot topic for the Upper Tribunal recently, with the case of Ammari (EEA appeals – abandonment) [2020] UKUT 124 (IAC) following on the heels of MSU and Aziz. This time the facts concern an appeal against a refusal by the...
Tribunals that decide whether someone is entitled to benefits often have to grapple with our nightmarish immigration law. HK v SSWP (PC) [2020] UKUT 73 (AAC) is one such case from the Administrative Appeals Chamber. It effectively confirms that a British citizen who returns to the UK with family members...
The High Court has rejected an argument that the regulations making it difficult for Europeans with pre-settled status to access most public funds are discriminatory on the ground of nationality. The case is Fratila and Tanase v SSWP [2020] EWHC 998 (Admin). Mr Justice Swift found that although the Social...
There is no way of telling how many EU citizens will be left living illegally in the UK because of Brexit, a new report has concluded. The Migration Observatory at the University of Oxford says that the government doesn’t collect or release the data needed to work out how many...
A couple of weeks ago I wrote about the judicial review case of Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin). In that judgment, handed down on 28 February, the High Court held that decisions to certify cases as “deport first, appeal later”...
The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European Union law. The case is Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin). Background: the deport first, appeal...
The Home Office has been concealing important data about the EU Settlement Scheme, an independent inspection report suggests. While the department refuses to release the number of “disguised refusals”, or to disclose gender breakdowns relevant to its equality law obligations, it appears to have had that information at its fingertips...
The years since the EU referendum have been an emotional rollercoaster for European citizens in the UK. Initial shock and disbelief were followed by months of uncertainty and tension as the British government negotiated a transitional agreement – which failed to get parliamentary approval for over a year – and...
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 or fortified their family life there. In Kaur & Ors v Secretary of State for the Home Department [2020] EWCA...
See this article on applying for settled status after the deadline, which was on 30 June 2021. On 31 January 2020 at 11pm, the United Kingdom left the European Union and entered a transition period, due to end on 31 December 2020. During this transition period, Europeans can continue to...
Following the Conservative Party’s victory in the December 2019 general election, and the passing of the Withdrawal Agreement Act on 23 January 2020, the UK has now left the European Union with a divorce deal. Under the deal, formally called the Withdrawal Agreement, there is a transitional period running from...
In Case C-32/19 AT v Pensionsversicherungsanstalt the Court of Justice of the European Union was asked to review Article 17(1)(a) of the Citizens’ Rights Directive. This provides an exception to the usual requirement of five years’ continuous residence before EU migrants are entitled to permanent residence in the country they...
