Sweeping new immigration regulations herald the end of free movement
13 February 2019
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The government has published two draft sets of changes to UK immigration law to cater for the UK’s exit from the European Union. They include
The government has published two draft sets of changes to UK immigration law to cater for the UK’s exit from the European Union. They include
In this research piece, the Immigration Law Practitioners’ Association makes the case that the Home Office is subject to certain legal duties relating to the
The UK government has confirmed what was suspected (and what the Home Office has hinted at in private talks): in the event of a no-deal
The government’s preparations for Brexit include passing a law to remove the right of free movement for EU citizens. This right is ultimately derived from the EU
The Home Office report on the second phase of its EU Settlement Scheme pilot revealed this week that nearly one in five applicants did not
The Secretary of State has confirmed that he intends to introduce appeal rights for extended family members of EEA nationals who have been refused a
There is one, overwhelming, message from the immigration White Paper published on 19 December. It is mentioned in the Foreword by the Prime Minister, and
Michal Netyks was convicted of a criminal offence and sentenced to a short period of imprisonment. On the day of his release, at which point
The Upper Tribunal has held in the case of LS (Article 45 TFEU – derivative rights) [2018] UKUT 426 (IAC) that the family member of a cross border worker within the
If you are an EEA/EU citizen or their family member and wish to qualify for an EU law right of residence, then eventually a right
In Oksuzoglu (EEA appeal – “new matter”) [2018] UKUT 00385 (IAC), the appellant was a Ukrainian national and the sponsor was a British national. They
1.1. The Immigration Law Practitioners’ Association (ILPA) drafted the following report as a joint commentary by experienced immigration practitioners on the EU Settlement Scheme. We
The High Court’s recent decision in R (Shafikul Islam) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin) is yet another case
Having been an immigration solicitor for around 20 years, I’m used to pretty chaotic weeks. The past week has been one of the most frustrating
Mass confusion following the immigration minister’s evidence (full transcript here) to the Home Affairs committee yesterday: this was a terrible appearance by Caroline Nokes @CommonsHomeAffs yesterday.
The Court of Appeal in Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 has comprehensively rejected an argument by the Home
Figures obtained by Free Movement show that fewer than two thousand non-EU carers rely on EU law for their right to live in the UK.
A new statement of changes to the Immigration Rules was laid on 10 October 2018. There is some very welcome news, including more flexibility given to
After months of uncertainty we finally have a picture emerging of what the post-Brexit immigration system will look like. We have known for some time
Last week the Scottish Court of Session agreed to make a reference to the Court of Justice of the European Union in Luxembourg to determine
In C-369/17 Ahmed, the Court of Justice of the European Union has held that member states must take account of all the circumstances of the
Today’s Migration Advisory Committee recommendations are incredibly significant from a UK employer’s perspective. I can immediately see that a huge number of UK employers are likely
The Migration Advisory Committee (MAC) has published its long-awaited research into migration from the EU and how it should be managed after Brexit. The report
Last week the Court of Justice of the European Union upheld the UK’s approach to the Worker Registration Scheme in force between 2004 and 2011
It is one thing when the state seeks to withdraw a permission or privilege. It is a very different matter when it seeks to interfere
If negotiations on an orderly withdrawal from the European Union break down completely, the UK risks a “chaotic Brexit” on 29 March 2019, with no
The “Surinder Singh route” has become well known to British citizens seeking to be reunited with their family members. The toughening up of UK immigration
With the Article 50 deadline fast approaching, there has been growing concern that the UK will leave the European Union with “no deal”. If no
The Upper Tribunal has ruled that the term “worker” in the regulations concerning the rights of residence retained by non-EEA nationals if they divorce their
Kovacevic (British citizen – Art 21 TFEU) Croatia [2018] UKUT 273 (IAC) is about whether EU free movement law protects dual nationals (i.e. someone who
The Home Office has confirmed that Irish citizens living in the UK are considered “settled” for the purposes of immigration law. The department said that
Macastena v Secretary of State for the Home Department [2018] EWCA Civ 1558 highlights the difference between extended family members’ rights and family members’ rights
Afzal v East London Pizza Ltd (t/a Dominos Pizza) (Rev 1) [2018] UKEAT 0265_17_1304 is a decision of the Employment Appeal Tribunal. It touches on the
Two years after the referendum vote to leave the European Union, the government has published a White Paper describing what it wants from the future
The unmarried partner of a British citizen who returns to the UK having resided in another EU country does have rights under EU law, the
The latest, and presumably last, amendments to the EEA Regulations were laid before Parliament on 3 July 2018. The Immigration (European Economic Area) (Amendment) Regulations
The right of free movement for EU migrants could be replaced with something more like the arrangements making travel easier for Canadian business people, the
In the case of R (Wandzel) v Secretary of State for the Home Department (Rev 1) [2018] EWHC 1371 (Admin), Nigel Poole QC, sitting as a
Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088 is about what happens to a non-EEA citizen spouse if they divorce
The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for
The government has published two draft sets of changes to UK immigration law to cater for the UK’s exit from the European Union. They include ending the “Dublin III” system under which asylum seekers are sent back to Calais and elsewhere in mainland Europe, which would be scrapped as early...
In this research piece, the Immigration Law Practitioners’ Association makes the case that the Home Office is subject to certain legal duties relating to the EU settled status automated data checks. These legal duties are: the public law duty to give reasons for the outcome of the checks where requested;...
The UK government has confirmed what was suspected (and what the Home Office has hinted at in private talks): in the event of a no-deal Brexit, free movement will end on 29 March 2019. EU citizens arriving after this date face a new temporary system. The Immigration and Social Security...
The government’s preparations for Brexit include passing a law to remove the right of free movement for EU citizens. This right is ultimately derived from the EU treaties, but is also expressed in UK legislation, notably section 7 of the Immigration Act 1988, and in the Immigration (European Economic Area) Regulations 2016 (SI 2016...
The Home Office report on the second phase of its EU Settlement Scheme pilot revealed this week that nearly one in five applicants did not receive sufficient evidence of UK residence from automated checks alone. Of the 27,000 decisions issued during Phase 2 of the scheme some 4,500 applicants for...
The Secretary of State has confirmed that he intends to introduce appeal rights for extended family members of EEA nationals who have been refused a residence card. The government will lay legislation amending the Immigration (European Economic Area) Regulations 2016 “as soon as reasonably practicable”. This important statement arises out...
There is one, overwhelming, message from the immigration White Paper published on 19 December. It is mentioned in the Foreword by the Prime Minister, and the Foreword from the Secretary of State for the Home Department. The aims of the White Paper are: to bring an end to free movement...
Michal Netyks was convicted of a criminal offence and sentenced to a short period of imprisonment. On the day of his release, at which point he had packed his belongings, he was served with Home Office papers telling him he was to be deported and that he would be detained...
If you are an EEA/EU citizen or their family member and wish to qualify for an EU law right of residence, then eventually a right of permanent residence, you have to meet certain requirements. For some people — chiefly those not working or self-employed — one of those requirements is...
In Oksuzoglu (EEA appeal – “new matter”) [2018] UKUT 00385 (IAC), the appellant was a Ukrainian national and the sponsor was a British national. They had spent some seven months in Cyprus and on their return to the UK, the appellant applied for a residence card invoking the Surinder Singh...
1.1. The Immigration Law Practitioners’ Association (ILPA) drafted the following report as a joint commentary by experienced immigration practitioners on the EU Settlement Scheme. We hope this expertise assists in the development of the scheme and to achieve its intended purpose of safeguarding the rights of EU citizens living in...
The High Court’s recent decision in R (Shafikul Islam) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin) is yet another case on the vexed issue of whether appeals against refusals of EEA residence cards are suspensive of removal (spoiler: no). I previously expressed grave reservations that...
Having been an immigration solicitor for around 20 years, I’m used to pretty chaotic weeks. The past week has been one of the most frustrating following the immigration minister’s surprisingly unpolished performance in front of the Home Affairs Committee which CJ covered in an earlier post. To some extent, it’s...
Mass confusion following the immigration minister’s evidence (full transcript here) to the Home Affairs committee yesterday: this was a terrible appearance by Caroline Nokes @CommonsHomeAffs yesterday. Sajid Javid needs to go back as a matter of urgency; give clear answers and put out the govt’s No Deal advice on citizens...
The Court of Appeal in Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 has comprehensively rejected an argument by the Home Office seeking to limit the obligation to consider “Surinder Singh” applications by extended family members. Ben Collins QC appeared pro bono for Ms Christy....
Figures obtained by Free Movement show that fewer than two thousand non-EU carers rely on EU law for their right to live in the UK. The relatively small number of people relying on these “derived rights of residence” raises questions about why the government appears set to deny them settlement...
A new statement of changes to the Immigration Rules was laid on 10 October 2018. There is some very welcome news, including more flexibility given to caseworkers on whether and when they can write to applicants to ask for missing documents. (Whether they will in practice or still refuse for...
After months of uncertainty we finally have a picture emerging of what the post-Brexit immigration system will look like. We have known for some time that after we leave the EU on 29 March 2019, the plan is to enter a transition period until 31 December 2020 which will see...
Last week the Scottish Court of Session agreed to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. The case, formally known as Wightman & Others v...
In C-369/17 Ahmed, the Court of Justice of the European Union has held that member states must take account of all the circumstances of the crime committed by an individual before deciding that it is a “serious crime” which justifies excluding that person from subsidiary protection. What is subsidiary protection...
Today’s Migration Advisory Committee recommendations are incredibly significant from a UK employer’s perspective. I can immediately see that a huge number of UK employers are likely to be faced with potentially significant new administrative burdens if the recommendations are implemented. The vast majority of UK employers have little or nothing...
The Migration Advisory Committee (MAC) has published its long-awaited research into migration from the EU and how it should be managed after Brexit. The report will disappoint advocates of a fairly liberal regime, recommending as it does that if there is no specific agreement with the EU on migration, there...
Last week the Court of Justice of the European Union upheld the UK’s approach to the Worker Registration Scheme in force between 2004 and 2011 for citizens of new EU countries. The case is C-618/16 Prefeta v UK. The judgment in effect endorses the Home Office view that time spent...
It is one thing when the state seeks to withdraw a permission or privilege. It is a very different matter when it seeks to interfere with an individual’s rights. Privileges are precarious. In the absence of good reason to the contrary, rights should be secure. This emphatic opening line comes...
If negotiations on an orderly withdrawal from the European Union break down completely, the UK risks a “chaotic Brexit” on 29 March 2019, with no overall withdrawal agreement in place nor any smaller deals to mitigate the shock of a no deal outcome. Both the UK and EU27 could take...
The “Surinder Singh route” has become well known to British citizens seeking to be reunited with their family members. The toughening up of UK immigration rules in July 2012 – particularly the introduction of the minimum income rule with its labyrinthine documentary requirements, and the awful elderly dependent relative rules...
With the Article 50 deadline fast approaching, there has been growing concern that the UK will leave the European Union with “no deal”. If no withdrawal agreement making provision for a transition period is reached by 29 March 2019, the UK will fall out of the EU without an agreement...
The Upper Tribunal has ruled that the term “worker” in the regulations concerning the rights of residence retained by non-EEA nationals if they divorce their EEA spouse includes jobseekers. This means that when someone who has given up work during marriage gets divorced from an EU citizen they will still...
Kovacevic (British citizen – Art 21 TFEU) Croatia [2018] UKUT 273 (IAC) is about whether EU free movement law protects dual nationals (i.e. someone who is a citizen of the UK and another EU country) who have never exercised their EU free movement rights. The Upper Tribunal ruled that a...
The Home Office has confirmed that Irish citizens living in the UK are considered “settled” for the purposes of immigration law. The department said that officials in individual cases who had denied that Irish citizens were settled as soon as they took up residence in the UK were wrong to...
Macastena v Secretary of State for the Home Department [2018] EWCA Civ 1558 highlights the difference between extended family members’ rights and family members’ rights under EU law, as well as the extent of the tribunal’s statutory remit. Background to the case The appellant is a Kosovan national who came...
Afzal v East London Pizza Ltd (t/a Dominos Pizza) (Rev 1) [2018] UKEAT 0265_17_1304 is a decision of the Employment Appeal Tribunal. It touches on the vexed issue of an employee continuing to work while awaiting a decision from the Home Office on an immigration application. From an immigration law...
Two years after the referendum vote to leave the European Union, the government has published a White Paper describing what it wants from the future relationship between the UK and EU. The 100-page document includes some references to the future of immigration from the EU, but only in certain, limited...
The latest, and presumably last, amendments to the EEA Regulations were laid before Parliament on 3 July 2018. The Immigration (European Economic Area) (Amendment) Regulations 2018 (SI 2018 No. 801) will come into force on 24 July 2018. Implementing a number of cases decided by the Court of Justice of...
The right of free movement for EU migrants could be replaced with something more like the arrangements making travel easier for Canadian business people, the Home Secretary has said. Sajid Javid told the Home Affairs committee of MPs today that free movement will end after Brexit, “full stop”, and repeatedly...
Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088 is about what happens to a non-EEA citizen spouse if they divorce their EEA citizen partner. Article 13(2) of the Citizens Rights Directive 2004 lays down a set of criteria on how the non-EEA citizen can retain...
The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for British citizenship. Ms Lockton lived in the UK for 39 years, was married to a British citizen and had British children. She was elected a...
