Today saw the release of the Advocate General’s Opinion in the Court of Justice of the European Union joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary
As I travel to Brussels today, I know that many people will be looking to us – the leaders of the 28 nations in the
Eight months and a warning from the Information Commissioner later, the Home Office has finally replied to my Freedom of Information request on waiting times
In AMS v SSWP (PC) (final decision) [2017] UKUT 381 (AAC), Upper Tribunal Judge Ward dismissed a Dutch widow’s appeal against the refusal of her claim
What can immigration lawyers do when immigration law is uncertain? This was not, admittedly, the advertised theme of the Immigration Law Practitioners’ Association annual seminar
Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was
The claimant in SSWP v NZ (ESA) [2017] UKUT 0360 (AAC) is a Polish national who worked in a chip shop. On 4 September 2017, the Upper Tribunal released
The Home Office has broken the law by failing to publish the waiting times faced by EU citizens trying to get residence documents. The Information
The fourth round of Brexit negotiations are over, with some signs of progress on the future status of EU citizens living in the UK. At
In the very recent case of Arranz (EEA Regulations – deportation – test) [2017] UKUT 294 (IAC) President McCloskey set out the correct approach to
Theresa May exercised her free movement rights with a trip to Florence on Friday to deliver a much-anticipated speech on Brexit. Conciliatory in tone and significant
The recently leaked government immigration proposals indicate that European nationals who commit crime in the UK will be subject to the same automatic deportation rules
Forget “hard Brexit” and “soft Brexit”. The leaked proposals for a post-Brexit immigration system suggest the pedal is already to the metal for full Thelma
Where a European national commits a crime in the UK and is sentenced to a term of imprisonment, they will often be subject to deportation
A couple can enter into a “marriage of convenience” even if they are in a genuine relationship. This was, in summary, the finding of the
In The Centre for Advice On Individual Rights In Europe v The Secretary of State for the Home Department & Anor [2017] EWHC 1878 (Admin)
In the case of Hrabkova v Secretary of State for Work and Pension [2017] EWCA Civ 794, the Court of Appeal confirmed once again that
The Queen’s Speech was today. This sets out the legislative agenda for the new Government and lists expected new Acts of Parliament the Government hopes
Case C-36/17: Daher Muse Ahmed v Bundesrepublik Deutschland The EU does not want asylum seekers to ‘shop around’ its Member States. To this end, various
Now that the election manifestos have been officially published we have an indication what Labour and Conservative have planned for EU nationals living in Britain.
The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in
The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the
Ian Macdonald QC has sent in an interesting note on the controversial Capparrelli determination. For background, see original Free Movement write up here: Tribunal finds Home
In a new case, Chavez-Vilchez and Others v Netherlands C-133/15, the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so
Theresa May refused to guarantee the rights of EU citizens living in the UK but did at least assure them that their situation would be a
Most Home Office application forms are accompanied with guidance explaining how to make a valid application, and the EEA(PR) application form is no different. While the EEA(PR)
In a controversial determination, the President of the Upper Tribunal Immigration and Asylum Chamber, Mr Justice McCloskey, has found that the Home Office has wrongly
The Home Office is now advising EU nationals to sign up for Government email alerts rather than applying for residence documents as proof of status.
The question of what rights are enjoyed by an EU citizen who naturalises as a British citizen and becomes a dual citizen has become a
In a written Parliamentary answer yesterday the Government stated self sufficient or studying EU citizens without comprehensive sickness insurance (CSI) are “not lawfully resident” in the
The Court of Appeal has held that the Upper Tribunal has been wrong all along about proxy marriages and EU law. The case is Awuku
In the case of R (on the application of Akturk) v Secretary of State for the Home Department [2017] EWHC 297 (Admin) a Turkish wannabe
“EU citizens will not be removed from the UK or refused entry solely because they do not have comprehensive sickness insurance,” said a spokesman. Very
Summary The Home Office has hardened its position on EU citizens who are living in the UK but who do not have a “right of residence”
With thanks to Unbound Philanthropy for the funding, I have been able to put together a series of ebook guides aimed at EU and EEA
Brexit is causing significant delays in the processing of EU free movement documentation applications. In normal times, before the Brexit vote on 23 June 2016, an
By Matthew Evans, Director, AIRE Centre Introduction The rights of EEA nationals (plus Swiss) to reside in the UK are primarily addressed in the Citizens Directive
By Bernard Ryan, Professor of Migration Law, University of Leicester Introduction This paper is concerned with the possibility of a post-Brexit right to remain for those residing
A raft of new Home Office policies and forms for EU and EEA nationals was released in early February, along with significant changes to the
Short version: not a lot we did not know already Long version… Yesterday, the day after MPs began the process of the UK leaving the
Today saw the release of the Advocate General’s Opinion in the Court of Justice of the European Union 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 issue in these cases concerns the entitlement of European citizens to...
Eight months and a warning from the Information Commissioner later, the Home Office has finally replied to my Freedom of Information request on waiting times for EU residence documents. The figures only go to the end of 2016 and it seems likely that waiting times have increased yet further since...
In AMS v SSWP (PC) (final decision) [2017] UKUT 381 (AAC), Upper Tribunal Judge Ward dismissed a Dutch widow’s appeal against the refusal of her claim for state pension credit on the basis that she had no right to reside in the UK. Although a disappointing result for Mrs AMS,...
What can immigration lawyers do when immigration law is uncertain? This was not, admittedly, the advertised theme of the Immigration Law Practitioners’ Association annual seminar on free movement, which took place on 4 October. But the enervating effects of unpredictability and ambiguity in immigration law and policy ran through most...
Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was sentenced by a Greek criminal court in 2011. The case is C-184/16 Ovidiu-Mihăiţă Petrea v Ypourgos Esoterikon kai Dioikitikis Anasygrotisis. Exclusion order and return Article 27 of Directive...
The Home Office has broken the law by failing to publish the waiting times faced by EU citizens trying to get residence documents. The Information Commissioner ruled that Amber Rudd’s department is in breach of the Freedom of Information Act, having sat on the request for seven months and counting....
The fourth round of Brexit negotiations are over, with some signs of progress on the future status of EU citizens living in the UK. At the end of August, the EU-UK joint comparison of negotiating positions on citizens’ rights showed some 30 issues highlighted in red, indicating no agreement. This...
In the very recent case of Arranz (EEA Regulations – deportation – test) [2017] UKUT 294 (IAC) President McCloskey set out the correct approach to EU law deportations. The official headnote instructs us: (i) The burden of proving that a person represents a genuine, present and sufficiently threat affecting one...
Theresa May exercised her free movement rights with a trip to Florence on Friday to deliver a much-anticipated speech on Brexit. Conciliatory in tone and significant on the question of the ‘divorce bill’, the Prime Minister’s comments also touched on the rights of EU citizens in the UK, and on...
The recently leaked government immigration proposals indicate that European nationals who commit crime in the UK will be subject to the same automatic deportation rules as non-European nationals after Brexit. The UK Borders Act 2007 imposes a legal duty on the Home Office to bring deportation proceedings against any foreign...
Forget “hard Brexit” and “soft Brexit”. The leaked proposals for a post-Brexit immigration system suggest the pedal is already to the metal for full Thelma & Louise Brexit. The Brexit to-do list is the length of a constantly unravelling ball of string. One of the many items on that list...
Where a European national commits a crime in the UK and is sentenced to a term of imprisonment, they will often be subject to deportation proceedings. The protections afforded to them (and to British nationals who commit crime in European countries) are contained within a European Directive (2004/38/EC of 29...
A couple can enter into a “marriage of convenience” even if they are in a genuine relationship. This was, in summary, the finding of the High Court in R (Molina) v Secretary of State for the Home Department [2017] EWHC 1730 (Admin). Background The appellant, Mr Molina, was a Bolivian...
In The Centre for Advice On Individual Rights In Europe v The Secretary of State for the Home Department & Anor [2017] EWHC 1878 (Admin) (21 July 2017) the excellent AIRE centre brought a challenge to the way Operation Nexus operates in respect of European and EEA nationals. Operation Nexus...
In the case of Hrabkova v Secretary of State for Work and Pension [2017] EWCA Civ 794, the Court of Appeal confirmed once again that self-employed individuals do not have the same rights as workers under EU law. The specific question in this case was whether a person with a...
The Queen’s Speech was today. This sets out the legislative agenda for the new Government and lists expected new Acts of Parliament the Government hopes to pass in the coming year. There are reports that this Queen’s Speech may be intended to cover a two year period, but with the...
Case C-36/17: Daher Muse Ahmed v Bundesrepublik Deutschland The EU does not want asylum seekers to ‘shop around’ its Member States. To this end, various Regulations exist to prevent someone who has already claimed asylum in one Member State from subsequently doing so in another. But what if an applicant...
Now that the election manifestos have been officially published we have an indication what Labour and Conservative have planned for EU nationals living in Britain. While the Labour manifesto confirmed a pledge to immediately guarantee existing rights for all EU nationals living in Britain the polls continue to point to...
The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in the context of Brexit. We previously gave some context on why the UK denies dual citizens’ rights under EU law and why many lawyers believe...
The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker...
Ian Macdonald QC has sent in an interesting note on the controversial Capparrelli determination. For background, see original Free Movement write up here: Tribunal finds Home Office has wrongly issued British passports to EU citizens and their children. Section 1 of the British Nationality Act 1981 (the “1981 Act”), the...
In a new case, Chavez-Vilchez and Others v Netherlands C-133/15, 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 offers far better guidance than was available in previous cases and emphasises that...
Theresa May refused to guarantee the rights of EU citizens living in the UK but did at least assure them that their situation would be a early negotiating priority. That perhaps was not terribly reassuring given that Theresa May also suggested that everyone should prepare for the UK to crash...
Most Home Office application forms are accompanied with guidance explaining how to make a valid application, and the EEA(PR) application form is no different. While the EEA(PR) form was last updated in March 2016 the guidance accompanying that form was last updated in December 2015 and so an update has...
In a controversial determination, the President of the Upper Tribunal Immigration and Asylum Chamber, Mr Justice McCloskey, has found that the Home Office has wrongly issued British passports to hundreds or even thousands of children of EU, EEA and Swiss citizens born in the UK before 2 October 2000. The...
The Home Office is now advising EU nationals to sign up for Government email alerts rather than applying for residence documents as proof of status. The guidance was issued on 7 April 2017 and is a tacit admission that the Home Office is overwhelmed by applications from EU citizens and...
The question of what rights are enjoyed by an EU citizen who naturalises as a British citizen and becomes a dual citizen has become a critically important one in the context of Brexit. There is huge uncertainty amongst EU citizens and their family members living in the UK about their...
In a written Parliamentary answer yesterday the Government stated self sufficient or studying EU citizens without comprehensive sickness insurance (CSI) are “not lawfully resident” in the UK and “may be liable for removal” but that it is “longstanding Home Office practice” not to seek removal because “it is relatively straight...
The Court of Appeal has held that the Upper Tribunal has been wrong all along about proxy marriages and EU law. The case is Awuku v Secretary of State for the Home Department [2017] EWCA Civ 178 and it overrules the earlier tribunal cases of Kareem (Proxy Marriages – EU...
In the case of R (on the application of Akturk) v Secretary of State for the Home Department [2017] EWHC 297 (Admin) a Turkish wannabe window cleaner entered the UK as a visitor and then applied for leave to remain to establish his window cleaning business under the 1973 Immigration...
“EU citizens will not be removed from the UK or refused entry solely because they do not have comprehensive sickness insurance,” said a spokesman. Very welcome news but it is difficult to understand the Home Office’s legal position on all this. They are categorically NOT saying that they will recognise...
Summary The Home Office has hardened its position on EU citizens who are living in the UK but who do not have a “right of residence” under Directive 2004/38/EC. New regulations were introduced on 1 February 2017 and a swathe of policy documents were updated shortly afterwards. These regulations and...
With thanks to Unbound Philanthropy for the funding, I have been able to put together a series of ebook guides aimed at EU and EEA nationals wanting to apply for residence documents here in the UK. They are updated and expanded versions of my existing ebook on EU applications, and...
Brexit is causing significant delays in the processing of EU free movement documentation applications. In normal times, before the Brexit vote on 23 June 2016, an EU national could expect a permanent residence certificate to be issued in about 6 weeks and a family member about 4 months or so. The...
By Matthew Evans, Director, AIRE Centre Introduction The rights of EEA nationals (plus Swiss) to reside in the UK are primarily addressed in the Citizens Directive (Directive 2004/38/EC) which is implemented in the United Kingdom in the Immigration (European Economic Area) Regulations 2016. There are three principal categories of residence:...
By Bernard Ryan, Professor of Migration Law, University of Leicester Introduction This paper is concerned with the possibility of a post-Brexit right to remain for those residing in the United Kingdom under EU law on the free movement of persons.[i] It focuses on the question: who should have a right...
A raft of new Home Office policies and forms for EU and EEA nationals was released in early February, along with significant changes to the online application process. These changes accompany the Immigration (European Economic Area) Regulations 2016, which took effect for all applications from 1 February 2017. I have...
Short version: not a lot we did not know already Long version… Yesterday, the day after MPs began the process of the UK leaving the EU, the Government published a White Paper on Brexit. The formal title is The United Kingdom’s exit from and new partnership with the European Union...
