I was appalled to see Saturday’s footage of the violence directed against the police in central London by protesters demonstrating against the imprisonment of Tommy
The Court of Session has refused to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the
Today marked a big step in the advancement of the rights of same-sex couples. Following a reference made to the Court of Justice of the
On 14 February 2018 the Home Affairs committee of MPs published a rather critical report on the Home Office delivery of Brexit, which Nick promptly summarised
Today the Court of Justice of the European Union handed down a decision in the case of C-647/16 Adil Hassan v Prefet du Pas-de-Calais concerning the
In Her Majesty’s Revenue and Customs v HD (CHB) (Second interim decision) [2018] UKUT 148 (AAC), the Upper Tribunal decided to make a reference to the
Fresh out of the Court of Justice of the European Union is the interesting case of C-82/16 K.A. & Others v Belgium. A significant part of the
The enhanced protection in Article 28(3) of Directive 2004/38/EC — that a person may only be expelled on “imperative grounds of public security” if they
In Ryanair v Secretary of State for the Home Department [2018] EWCA Civ 899 the budget airline, no stranger to litigation, challenged the imposition of
The default position when EU law no longer applies in the UK is to render EU citizens unlawfully resident. The proposed “settled status” scheme has
On 10 April 2018, Advocate General Bobek delivered his Opinion in C-89/17 Secretary of State for the Home Department v Banger, following a reference made
Six months after the release of the Advocate General’s non-binding Opinion in the joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary of State for the Home Department v Franco Vomero, the
An EU citizen with indefinite leave to remain in this country has taken the drastic step to leave the UK because of Brexit. You might
Back in July 2015, the Upper Tribunal delivered a puzzling judgment in the case of R (Bilal Ahmed) v SSHD (EEA/s 10 appeal rights: effect
The momentous decision to begin Brexit in March 2017 was announced the previous October, when Theresa May made her first speech as Prime Minister to
On 19 March the European Union and the UK published the impressively named Draft Agreement on the Withdrawal of the United Kingdom of Great Britain
Campaigners seeking to confirm whether the UK’s Article 50 notification triggering Brexit can be unilaterally revoked are one step closer to getting a decision from
The European Commission has published a draft legal text for a Brexit “Withdrawal Agreement”. It includes the all-important issue of citizens’ rights for EU nationals
Seasoned Brexit watchers will be familiar by now with the trope that there is a “need for a level playing field”. Coined by the EU
The UK government’s policy paper on EU citizens’ rights in the UK after Brexit, released in June 2017, offered reassurances about “safeguarding” rights, while leaving
The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is
Around 1.3 million British citizens are currently settled in other EU member states, but do not have citizenship of those countries. Just like EU citizens
The Brexit vote to leave the EU has caused huge anxiety amongst EU citizens and their family members living in the UK. The UK government continues
In R (RSM (A Child)) v Secretary of State for the Home Department [2018] EWCA Civ 18 the Court of Appeal considered the ambit of
When a self-employed EU citizen falls on hard times in another member state and stops working, do they retain their status as a worker? Since
The High Court decided today that the Home Office’s policy of detaining and deporting rough sleepers from EU countries is unlawful. The case is R (Gureckis)
In May this year, referring to the case of C-133/15 Chavez-Vilchez and Others v Netherlands, Colin wrote that the Court of Justice of the European Union has significantly extended Zambrano rights
In R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752, the Court of Appeal found that the Secretary of
Some EU citizens now living in the UK will find themselves committing criminal offences after Brexit. That much is certain. How many people exactly will
LO v SSWP (IS) [2017] UKUT 440 (AAC) involved the overlap between EU law, family law and welfare benefits, focusing particularly on the role of proportionality.
Where there is a “difference in views” between two European Union member states about which is required to pay a benefit to a claimant, EU
In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which
The author is running the 2018 London Marathon for the charity Bail for Immigration Detainees and invites readers to consider supporting this organisation via the
The Court of Justice of the European Union has found in the case of C-165/16 Lounes that EU citizens who move to the UK and later naturalise as
The Home Office has updated its guidance on Surinder Singh cases, with “clarifications” on the requirements of the eponymous route. As our in-depth post on
The Court of Appeal has dismissed the appeal against deportation of a man with permanent residence in Kamki v Secretary of State for the Home Department
In a decision of 7 November 2017, the Court of Appeal unanimously found, yet again, that the extension of the Worker Registration Scheme from 1
In Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC), the Upper Tribunal held that there was no right of appeal against a decision by
The government has put a little flesh on its promise that EU citizens living in the UK will be able to apply for settled status
Newcomers to the UK, whether they have immigration status or not, face formidable obstacles in accessing services such as housing or social security. This is
I was appalled to see Saturday’s footage of the violence directed against the police in central London by protesters demonstrating against the imprisonment of Tommy Robinson, the far-right activist jailed for contempt of court last month. The police were outnumbered and had to retreat, a baying mob pursuing them. I...
The Court of Session has refused 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. Given that the subject matter involved “the most contentious and political...
Today marked a big step in the advancement of the rights of same-sex couples. Following a reference made to the Court of Justice of the European Union (CJEU) by the Romanian Constitutional Court, the CJEU has ruled that “spouses” in Directive 2004/38 include same-sex spouses. The case is C-673/16 Relu...
On 14 February 2018 the Home Affairs committee of MPs published a rather critical report on the Home Office delivery of Brexit, which Nick promptly summarised in a post at the time. The government’s response to the report was published on 25 May. A lot of it is not news,...
Today the Court of Justice of the European Union handed down a decision in the case of C-647/16 Adil Hassan v Prefet du Pas-de-Calais concerning the Dublin III Regulation. The press summary is here. Practitioners will be well aware how intricate and complex the provisions of the Dublin III regulations...
In Her Majesty’s Revenue and Customs v HD (CHB) (Second interim decision) [2018] UKUT 148 (AAC), the Upper Tribunal decided to make a reference to the Court of Justice of the European Union. The question is whether an EU national who was self-employed before pregnancy and childbirth can rely on...
Fresh out of the Court of Justice of the European Union is the interesting case of C-82/16 K.A. & Others v Belgium. A significant part of the decision deals with the 2008 Returns Directive, which does not apply to the UK. The remainder of the court’s judgment deals with the...
The enhanced protection in Article 28(3) of Directive 2004/38/EC — that a person may only be expelled on “imperative grounds of public security” if they have resided in a member state for ten years prior to the decision to expel them — benefits only those who have satisfied the eligibility...
In Ryanair v Secretary of State for the Home Department [2018] EWCA Civ 899 the budget airline, no stranger to litigation, challenged the imposition of a £2,000 fine on it for carrying a man from Germany to the UK who, said the Secretary of State, had failed to produce the...
The default position when EU law no longer applies in the UK is to render EU citizens unlawfully resident. The proposed “settled status” scheme has been designed to prevent this, but perhaps its defining characteristic when compared with the rights available under EU law is that it does not come...
On 10 April 2018, Advocate General Bobek delivered his Opinion in C-89/17 Secretary of State for the Home Department v Banger, following a reference made to the Court of Justice of the European Union, by the former President of the Upper Tribunal, McCloskey J. There were four questions referred to...
Six months after the release of the Advocate General’s non-binding Opinion in the joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary of State for the Home Department v Franco Vomero, the Court of Justice of the European Union has today handed down its final judgment. The case revolved around the interpretation of article 28(3)(a) of Directive 2004/38/EC:...
Back in July 2015, the Upper Tribunal delivered a puzzling judgment in the case of R (Bilal Ahmed) v SSHD (EEA/s 10 appeal rights: effect (IJR) [2015] UKUT 436 (IAC). The nub of the decision was that where the Secretary of State refuses an application on the basis that the...
The momentous decision to begin Brexit in March 2017 was announced the previous October, when Theresa May made her first speech as Prime Minister to the Conservative Party conference. For all the impressions of chaos in between — including the sound and fury of the Miller litigation, in which the...
On 19 March the European Union and the UK published the impressively named Draft Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. In other words, a draft Brexit divorce agreement. This blog post will...
Campaigners seeking to confirm whether the UK’s Article 50 notification triggering Brexit can be unilaterally revoked are one step closer to getting a decision from the Court of Justice of the European Union. Yesterday the Inner House of the Court of Session granted permission to proceed in Wightman and others...
The European Commission has published a draft legal text for a Brexit “Withdrawal Agreement”. It includes the all-important issue of citizens’ rights for EU nationals already living in the UK or arriving here before Brexit is finalised. This draft is not a final treaty or necessarily the version that EU...
Seasoned Brexit watchers will be familiar by now with the trope that there is a “need for a level playing field”. Coined by the EU out of concern that the UK may turn itself into a tax haven, the phrase has now been appropriated by Brexiteers in the government. Cabinet...
The UK government’s policy paper on EU citizens’ rights in the UK after Brexit, released in June 2017, offered reassurances about “safeguarding” rights, while leaving substantial question marks hanging — in particular about what kind of residence would be required to qualify for the new category of “settled status”. After...
The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is not recognised by an EU member state, could be considered a “family member” under the EEA Regulations 2006. The Supreme Court has referred...
Around 1.3 million British citizens are currently settled in other EU member states, but do not have citizenship of those countries. Just like EU citizens living in the UK, they can do this by relying on free movement rights granted by the EU. Speaking precisely, Article 20 of the Treaty...
The Brexit vote to leave the EU has caused huge anxiety amongst EU citizens and their family members living in the UK. The UK government continues to advise these citizens not to make applications for proof that they have the right to permanent residence under EU law. It is asking...
In R (RSM (A Child)) v Secretary of State for the Home Department [2018] EWCA Civ 18 the Court of Appeal considered the ambit of Article 17 of the Dublin III regulation, the so-called “discretionary clause”, and found it to be narrow indeed. The challenge RSM, an unaccompanied child in...
When a self-employed EU citizen falls on hard times in another member state and stops working, do they retain their status as a worker? Since 2010, English courts have said they do not. In a case with wide implications for residence and social security rights, the Court of Justice of...
The High Court decided today that the Home Office’s policy of detaining and deporting rough sleepers from EU countries is unlawful. The case is R (Gureckis) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin), a judicial review challenge by three EEA nationals to their removal under...
In May this year, referring to the case of C-133/15 Chavez-Vilchez and Others v Netherlands, Colin wrote that the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office and UK courts. The case undoubtedly represented a positive move...
In R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752, the Court of Appeal found that the Secretary of State must show her workings. She, and the immigration tribunals, must explicitly apply relevant tests set out in the EEA Regulations when making decisions....
Some EU citizens now living in the UK will find themselves committing criminal offences after Brexit. That much is certain. How many people exactly will become unlawfully resident is probably impossible to calculate, and here at Free Movement we do not have the resources to do so, but the number...
LO v SSWP (IS) [2017] UKUT 440 (AAC) involved the overlap between EU law, family law and welfare benefits, focusing particularly on the role of proportionality. All this is academic to LO, who just wanted her income support. Despite compelling personal circumstances, there was no basis on which the tribunal could...
Where there is a “difference in views” between two European Union member states about which is required to pay a benefit to a claimant, EU law requires the state in which the claimant resides to make interim payments until the dispute is resolved. Secretary of State for Work and Pensions v...
In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which have a “right to reside” test. The benefits affected by the decision are income support, child benefit, child tax credits, and housing...
The author is running the 2018 London Marathon for the charity Bail for Immigration Detainees and invites readers to consider supporting this organisation via the sponsorship page. Deposed Catalan president Carles Puigdemont is due back in Belgian court on 4 December over the European Arrest Warrant (EAW) issued by the...
The Court of Justice of the European Union has found in the case of C-165/16 Lounes that EU citizens who move to the UK and later naturalise as British retain their free movement rights under EU law even though they have become British. The court has held that the UK has wrongly been...
The Home Office has updated its guidance on Surinder Singh cases, with “clarifications” on the requirements of the eponymous route. As our in-depth post on this topic explains, the Surinder Singh route is a potential means for British citizens to rely on family-friendly EU free movement laws — rather than...
The Court of Appeal has dismissed the appeal against deportation of a man with permanent residence in Kamki v Secretary of State for the Home Department [2017] EWCA Civ 1715. Mr Kamki had been seeking to prevent his removal to Cameroon following imprisonment for rape. UK residence and criminal conviction...
In a decision of 7 November 2017, the Court of Appeal unanimously found, yet again, that the extension of the Worker Registration Scheme from 1 May 2009 to 30 April 2011 was unlawful and incompatible with EU law. The case is Secretary of State for Work and Pensions v Gubeladze...
In Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC), the Upper Tribunal held that there was no right of appeal against a decision by the Home Office to refuse a residence card to the extended family member of an EEA citizen. The Court of Appeal declared on...
Newcomers to the UK, whether they have immigration status or not, face formidable obstacles in accessing services such as housing or social security. This is a look at some common scenarios and how foreign nationals and their advisers deal with them. They are based on real client cases. Scenario one:...
