All Articles: EU Free Movement

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 […]

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6th November 2020
BY CJ McKinney

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 […]

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5th November 2020
BY Chris Benn

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 […]

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15th October 2020
BY John Vassiliou

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 […]

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7th October 2020
BY John Vassiliou

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 […]

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1st October 2020
BY CJ McKinney

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 apply for leave to remain […]

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29th September 2020
BY Mark Lazarowicz

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 […]

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25th September 2020
BY Chris Benn

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 […]

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24th September 2020
BY Iain Halliday

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 […]

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21st September 2020
BY CJ McKinney

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 […]

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28th July 2020
BY Alex Piletska

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 a carer for a friend, […]

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7th July 2020
BY CJ McKinney

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 […]

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6th July 2020
BY Marianne Lagrue

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 […]

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16th June 2020
BY Bilaal Shabbir

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 […]

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2nd June 2020
BY Joe Tomlinson

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 […]

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18th May 2020
BY CJ McKinney

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 […]

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14th May 2020
BY CJ McKinney

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) […]

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5th May 2020
BY Darren Stevenson

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 […]

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4th May 2020
BY Bilaal Shabbir

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. […]

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30th April 2020
BY Alex Piletska

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 […]

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16th April 2020
BY CJ McKinney

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, […]

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24th March 2020
BY Iain Halliday

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 […]

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9th March 2020
BY Iain Halliday

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 […]

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28th February 2020
BY Kuba Jablonowski

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 […]

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27th February 2020
BY Karma Hickman

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 […]

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13th February 2020
BY Alex Schymyck

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 […]

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4th February 2020
BY Nath Gbikpi

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 […]

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3rd February 2020
BY Iain Halliday

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 […]

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30th January 2020
BY Alex Schymyck

French chef Claude Bosi, holder of two Michelin stars for his Chelsea restaurant, published his Home Office refusal letter on Instagram today: View this post […]

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24th January 2020
BY John Vassiliou

By today, most businesses around the country will have reopened following the festive break. With energy levels topped up and a whole new year to embrace, if the business — […]

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6th January 2020
BY Nichola Carter

In all likelihood, the events of last Thursday mean the UK will be exiting the EU on 31 January 2020 with a deal. This means EU law will remain in […]

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18th December 2019
BY Chris Benn

The Supreme Court has found in the case of Patel and Shah v Secretary of State for the Home Department [2019] UKSC 59 that the carers of EU citizen children can […]

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16th December 2019
BY Colin Yeo

An incorrect decision under the EU Settlement Scheme could impact the terms by which EU citizens and their family members are able to reside and access services in the UK […]

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4th December 2019
BY Joe Tomlinson

The Supreme Court has confirmed in the case of Hemmati v Secretary of State for the Home Department [2019] UKSC 56 that the detention of asylum seekers for their removal […]

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27th November 2019
BY Colin Yeo

We’ve received the following enquiry about the rules on settled status for EU citizens and their families after Brexit: Can the third country national spouse of a dual EU/British national […]

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26th November 2019
BY CJ McKinney

Another statement of changes to the Immigration Rules (HC 170) was laid on 24 October 2019. The changes relate to Appendix EU of the Rules and their functioning in a […]

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25th October 2019
BY Chris Desira

The Home Office released a new set of EU Settlement Scheme statistics in early October. While this update again showed a rise in applications to the scheme, it also suggests […]

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21st October 2019
BY Kuba Jablonowski

As the outcome of the latest Brexit negotiations are still uncertain — and with 31 October less than one month away – the latest research update from the Public Law […]

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8th October 2019
BY Alexandra Sinclair

The Court of Justice of the European Union has found that a child is self-sufficient in EU law even if supported only by the earnings of a parent who is […]

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2nd October 2019
BY Colin Yeo

The Upper Tribunal has finally, some six years after the test was introduced into domestic regulations, taken a good, hard look at the “centre of life” test applied by the […]

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20th September 2019
BY Colin Yeo
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