Upper Tribunal wrong all along on Kareem and proxy marriages of EU citizens
23 March 2017
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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
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
The Supreme Court ruled today by a majority of 8-3 that an Act of Parliament is needed for the UK Government to trigger Article 50
Short answer: yes, at least for now. Long answer… From 1 February 2017 it seems likely that it will be mandatory to use the official
EU citizens wanting to apply for proof of their right of permanent residence in the UK currently have to cut through spools of red tape. The unnecessary bureaucracy
Following hot on the heels of the hardline British Future report on the rights of EU nationals in the UK after Brexit, the House of
A hardline report chaired by prominent Leave campaigner Gisela Stewart into the status of EU nationals in the UK has recommended a cut off date for
After a hard BREXIT: British citizens and residence in the EU By Elspeth Guild, Kingsley Napley, Steve Peers, University of Essex and Jonathan Kingham, LexisNexis,
New Immigration (European Economic Area) Regulations 2016 were laid today, coming into force mainly from 1 February 2017. The new version is mainly a consolidating
Many thanks to everyone who recorded and sent in questions for the Brexit podcast. I have not been able to answer all the questions that
To acquire EU rights of residence and ultimately permanent residence, a person usually has to engage in certain activities: employment, self employment, study or being
UPDATE: Use of official application forms (paper or online) is mandatory from 1 February 2017. See new post: Can the Home Office force EU nationals
The British Nationality Act 1981 requires a successful applicant for British citizenship to show, amongst other things, that he or she is free from immigration
The Home Office has quietly and with no fanfare launched online residence certificate and permanent residence certificate application processes and accompanying European passport return service.
In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has ruled that Zambrano-like
Two recent cases in the Administrative Appeals Chamber of the Upper Tribunal have clarified when a worker might in EU law retain his or her
UPDATE: Beta version of online service now available here. A series of pages have appeared on the Governments official gov.uk website suggesting that the Home Office
In the case of Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC) the Upper Tribunal has ruled that there is no right of appeal
The Home Office is reported to be testing a new online fast track application process for EU migrants in the UK. The Financial Times first
Conveniently, David Davis MP, our new Minister for Brexit, made a detailed speech and wrote a detailed article on the subject of free movement and negotiations
On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt.
Last week the Court of Justice of the European Union gave judgment in the case of NA C-115/15 on the vexed issue of retained rights of
Some worrying news from The Guardian: UK citizenship has been given to the children of eastern Europeans living in Britain without the proper paperwork, the
First of all, as I have written previously, it seems highly likely that those EU nationals and their families currently resident in the UK will
The people of what is currently the United Kingdom have voted to leave the European Union. What happens now? Here I am going to take
The relationship between the ECHR and the EU By Nuala Mole, Senior Lawyer, The AIRE Centre, 9 June 2016 Introduction The European Union (EU) is
The implications for Scotland of a vote in the EU referendum for the UK to leave the EU By Sarah Craig, Maria Fletcher and Nina
The EU’s Borders: Schengen, Frontex and the UK By Bernard Ryan, Professor of Law, University of Leicester, 19 May 2016 Introduction This paper is concerned
The UK Referendum on the EU and the Common European Asylum System By Elspeth Guild, Partner, Kingsley Napley, 29 April 2016 Introduction The issues of
The Impact of Brexit By Steve Peers, University of Essex, 17 May 2016 Introduction What would happen if the UK left the EU? In each
The implications of UK withdrawal for immigration policy and nationality law: Irish aspects By Bernard Ryan, Professor of Law, University of Leicester, 18 May 2016
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...
The Supreme Court ruled today by a majority of 8-3 that an Act of Parliament is needed for the UK Government to trigger Article 50 and formally begin the process of leaving the EU. Giving the leading judgment the President of the Court, Lord Neuberger, emphasised that the judgment was...
Short answer: yes, at least for now. Long answer… From 1 February 2017 it seems likely that it will be mandatory to use the official application forms for EEA residence document applications, either online or on paper, that are provided by the Home Office. This is a new requirement introduced...
EU citizens wanting to apply for proof of their right of permanent residence in the UK currently have to cut through spools of red tape. The unnecessary bureaucracy defeats some, who are wrongly being told by the Home Office that they must leave the UK after years and years of...
Following hot on the heels of the hardline British Future report on the rights of EU nationals in the UK after Brexit, the House of Lords EU Justice Committee has today published a report on the same subject. It is a far more comprehensive and comprehending piece of work and...
A hardline report chaired by prominent Leave campaigner Gisela Stewart into the status of EU nationals in the UK has recommended a cut off date for new arrivals from the EU, likely to be April 2017, and a massive registration programme for existing EU residents. EU citizens arriving after the...
After a hard BREXIT: British citizens and residence in the EU By Elspeth Guild, Kingsley Napley, Steve Peers, University of Essex and Jonathan Kingham, LexisNexis, 3 November 2016 Introduction The purpose of this briefing note is to outline what a so-called hard BREXIT will mean for British citizens seeking to...
New Immigration (European Economic Area) Regulations 2016 were laid today, coming into force mainly from 1 February 2017. The new version is mainly a consolidating exercise — the 2006 regulations has been amended and reamended over and over again — but there are also some significant changes slipped in. These...
To acquire EU rights of residence and ultimately permanent residence, a person usually has to engage in certain activities: employment, self employment, study or being self sufficient. There are other criteria as well, but these are the four key ways that a person qualifies. The activities have to be “genuine...
UPDATE: Use of official application forms (paper or online) is mandatory from 1 February 2017. See new post: Can the Home Office force EU nationals to use the official 85 page permanent residence application form? In a useful policy document explaining internal processes within the UK Visas and Immigration department...
The British Nationality Act 1981 requires a successful applicant for British citizenship to show, amongst other things, that he or she is free from immigration restrictions. Technically, the requirement is set out in paragraph 2(c) of Schedule 1 to the British Nationality Act 1981, which requires an applicant to show:...
The Home Office has quietly and with no fanfare launched online residence certificate and permanent residence certificate application processes and accompanying European passport return service. I have put together a 20 minute video walk through of what the permanent residence application service looks like with some commentary which I hope...
In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has ruled that Zambrano-like derived rights of residence under EU law are not automatically lost if a crime is committed. Instead, each case must be assessed on its merits...
Two recent cases in the Administrative Appeals Chamber of the Upper Tribunal have clarified when a worker might in EU law retain his or her status as a worker during a period of unemployment. The cases are KS v Secretary of State for Work and Pensions [2016] UKUT 269 AAC...
UPDATE: Beta version of online service now available here. A series of pages have appeared on the Governments official gov.uk website suggesting that the Home Office will be launching a new online application process for EEA nationals on 1 October 2016: The European passport return service is available for EEA...
In the case of Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC) the Upper Tribunal has ruled that there is no right of appeal against a decision by the Home Office to refuse a residence card to a person claiming to be an extended family member. The official headnote:...
The Home Office is reported to be testing a new online fast track application process for EU migrants in the UK. The Financial Times first carried the story but it was also picked up and confirmed by The Guardian. In summary, the new fast track application process is said to...
Conveniently, David Davis MP, our new Minister for Brexit, made a detailed speech and wrote a detailed article on the subject of free movement and negotiations with the EU. From these we can see quite quickly that he does not like free movement. Of people, anyway. Towards the UK, anyway....
On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered...
Some worrying news from The Guardian: UK citizenship has been given to the children of eastern Europeans living in Britain without the proper paperwork, the Guardian has learned. The affected families come from countries including Poland and the Czech Republic that joined the EU in 2004 and so far around...
First of all, as I have written previously, it seems highly likely that those EU nationals and their families currently resident in the UK will be allowed to remain. We do not know on what basis but it nevertheless seems highly likely. There are very many concerned readers of this...
The people of what is currently the United Kingdom have voted to leave the European Union. What happens now? Here I am going to take a quick look at the immediate consequences for EU nationals living in the UK. In short, there are no immediate legal consequences that flow directly...
The relationship between the ECHR and the EU By Nuala Mole, Senior Lawyer, The AIRE Centre, 9 June 2016 Introduction The European Union (EU) is a Union of 28 states. The Council of Europe is an intergovernmental organisation with 47 Member States, 28 of whom are also Member States of...
The implications for Scotland of a vote in the EU referendum for the UK to leave the EU By Sarah Craig, Maria Fletcher and Nina Miller-Westoby, School of Law, University of Glasgow, 1 June 2016 Introduction One view of the relevant EU and UK law suggests that the implications for...
The EU’s Borders: Schengen, Frontex and the UK By Bernard Ryan, Professor of Law, University of Leicester, 19 May 2016 Introduction This paper is concerned with the relationship of the UK to the framework of immigration control at EU borders. That framework has two main elements: the absence of immigration...
The UK Referendum on the EU and the Common European Asylum System By Elspeth Guild, Partner, Kingsley Napley, 29 April 2016 Introduction The issues of refugees’ arrival, reception and protection have been particularly evident in the political debate in the UK and elsewhere in the EU over the past six...
The implications of UK withdrawal for immigration policy and nationality law: Irish aspects By Bernard Ryan, Professor of Law, University of Leicester, 18 May 2016 Introduction This paper addresses the Irish dimensions to a UK decision to withdraw from the EU, in the immigration and nationality policy spheres. It addresses...