Job details Role Title: Immigration/EUSS Programme Manager Grade: C Salary: £32,029 – £35,934 per annum pro rata, depending on experience Hours: Full time Contract: Permanent Location: London Reports to: Deputy CEO Background East European Resource Centre (EERC) is an independent charity that has been providing advice and support to disadvantaged...
REVIEW AND DEVELOPMENT OF LATIN AMERICAN HOUSE LEGAL AND SOCIAL WELFARE ADVICE SERVICES CONSULTANCY SERVICES INVITATION TO TENDER Purpose Latin American House (LAH) wishes to procure consultancy services to help us to improve and increase the provision of our legal and social welfare advice services. Background LAH was established in...
In a bid to slow the surge in COVID-19 cases, Prime Minister Boris Johnson last night set out new restrictions in England which range from the wearing of masks by shop workers to limits on the number of people attending weddings. These measures come hard on the heels of a...
This piece is about refugees, asylum seekers, and the Refugee Convention. It outlines who can be a refugee, and how being a refugee and having “refugee status” are two very different things. We also explore the rights and entitlements available to refugees and to asylum seekers awaiting the outcome of...
Yes, the Court of Justice of the European Union has had to find that self-employed EU citizens retain rights of residence during their maternity period. Why on earth the government of the United Kingdom tried to argue they did not is one of those mysteries to which we’ll probably never...
JOB TITLE: Head of Legal Protection CONTRACT: Sabbatical Cover (10 months cover; full-time 37.5 hours per week) SALARY: £45,000 p.a. BENEFITS: 22.5 days holiday, plus 4% matched pension contribution LOCATION: Camden, Central London RESPONSIBLE TO: Kerry Smith, CEO The Helen Bamber Foundation (HBF) is a specialist UK charity which provides...
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 this course we tell you all about the OISC scheme, the code of standards and how to prepare for the exams. And we offer you three timed mock multiple choice exams to practice on. If you want to head straight to the course all about immigration law instead, click...
Page contentsClose family membersDependencyMarriages of convenienceValidity of marriageSeparated spousesRights of family membersExtended family members in EU lawRights of extended family membersRetained rights of residence for family membersDeath of EEA nationalEEA national leaves the UKTermination of marriage or civil partnership Close family members An EU citizen exercising an initial right of...
The key EU citizens on whom free movement rights are conferred are: Each of these activities is defined in EU law. For example, not all “work” necessarily counts in EU law. Self-sufficient persons and students also have to have Comprehensive Sickness Insurance. We consider the details of the groups in...
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 C-507/12...
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...
If the claim is accepted, an asylum seeker will generally be granted five years’ refugee status. See the next unit for other types of protection status that can be granted. Refugees will be sent their decision via email or post. Claimant’s may need to request that their original documents are...
New research shows that the immigration insecurity of one family member now affects whole families, including children and citizens who are not themselves subject to immigration control, writes Dr Melanie Griffiths of the University of Bristol. This week, the University of Bristol published three policy briefings arising from new research examining...
Page contentsThe refugee definitionEngagement of the CJEU with asylum issuesDifferences between UK and EU asylum lawFuture influence of the CJEU on UK asylum lawSubsidiary protectionArticle 15(c)Rights of subsidiary protecteesInglorious isolation The refugee definition Engagement of the CJEU with asylum issues Since the jurisdiction of the Court of Justice of the...
Welcome to the October 2017 edition of the Free Movement immigration update podcast. This month we look at a load of cases from Strasbourg, the Supreme Court, the Court of Appeal and of course the Upper Tribunal. These cases range from the sublime, including private religious worship, trafficking and torture,...
This month we look at a load of cases from Strasbourg, the Supreme Court, the Court of Appeal and of course the Upper Tribunal. These cases range from the sublime, including private religious worship, trafficking and torture, to the ridiculous. I end by taking a look at a couple of...
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...
Post-Brexit, EEA nationals arriving in the UK are in the same position as those from outside the EU. They may be referred into the NRM in the normal way, and will need advice and representation concerning their immigration options. Those who arrived in the UK before the end of 2020...
There is no clear guide in EU law to what level of earnings will amount to “genuine and effective” economic activity. All we know is “activities on such a small scale as to be regarded as purely marginal and ancillary” do not count (from Levin). In practice, judges tend to...
We have already seen that EU citizens (and their family members) who are self sufficient or students are required by EU law to have comprehensive sickness insurance in order to have a right of residence under Directive 2004/38/EC. Confusingly, EU citizens and their family members are allowed to use the NHS...
Page contentsSummaryWho is affected?What is the effect?What new powers has the Home Office acquired?Investigation of right of residenceEnforced removalWhere do rights of residence of EU citizens in the UK come from?1. Treaties2. Directives and Regulations made by the EU3. Domestic laws of the United KingdomWhat is the “right of residence”?What...
The requirements for the child of a refugee are set out at Appendix FRP 5.1-6.2 of the Immigration Rules. The child must: As with spouses and civil partners, there is no requirement to show adequate maintenance and accommodation without recourse to public funds and family members are exempt from the...
The rules for spouses and partners are set out at paragraph FRP.4.1 of Appendix Family Reunion (Protection). The key requirements are: There is no requirement to show adequate maintenance and accommodation without recourse to public funds and family members are exempt from the minimum income threshold of £18,600. A person with...
When someone is granted protection status in the United Kingdom, they may be able to sponsor family members to join them in the UK. This is often referred to as “refugee family reunion.” There are special rules that refugee family members benefit from, and a specific appendix of the Immigration...
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 cut...
Recently, after being introduced to someone, I mentioned that I work on statelessness policy. When faced with the confused look I am growing to recognise when I tell people about my work, I began to explain: some people don’t have citizenship of any country. He (thinking hipster-type ‘citizens of the...
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...
Our advice services in Brighton provide specialist legal advice, casework and representation on housing, asylum and immigration matters together with one off advice provided over the telephone or at drop in sessions, and digital advice via webcam on housing and welfare benefits issues. There are two teams, the housing and...
As discussed earlier, the family members of an EEA citizen who is exercising treaty rights might in some sense be said to have a right of residence with the EEA citizen, but it is probably more accurate to see the situation as being the EEA citizen having a right to...
Page contentsExercise of Treaty rightsRight of admissionInitial right of residence Exercise of Treaty rights A key concept in making use of free movement rights is that of the “exercise of Treaty rights”. This phrase refers to a citizen making use of the rights that are conferred by the treaties, such...
As was discussed earlier, the family members of an EEA citizen who is exercising treaty rights might in some sense be said to have a right of residence with the EEA citizen, but it is probably more accurate to see the situation as being the EEA citizen having a right...
A dispute has arisen between different panels of the Upper Tribunal’s Immigration and Asylum Chamber. The subject is the meaning and interpretation of the words “unduly harsh” at paragraph 399 of the Immigration Rules, which reads: 399. This paragraph applies where paragraph 398 (b) or (c) applies if – (a) the...
This piece started life as a practice note for welfare benefits cases but the same principles are transferrable to the immigration jurisdiction so we thought it would be helpful to share it here on Free Movement as well. If permission to appeal against a decision of a First-tier Tribunal in...
Personally I managed to get away with only cooking one Christmas dinner this year, which alongside a proper break (other than writing this post) has reduced festive stress levels and helped provide a good end to the year. I’ve settled into Garden Court Chambers in 2014 and have much enjoyed...
Welcome to the November 2014 edition of the Free Movement immigration update podcast. The material for the podcast is drawn from blog posts on Free Movement for the month of November. I start this month by going through some Home Office news and other updates, I move on to the new tribunal...
The Government is closing its ears to the legal community’s demands for access to justice for all. The question is can they do the same when the call for change comes directly from young people? Published on the eve of International Human Rights Day, and just two weeks after the...
New Social Security Advisory Committee Report voices concerns On 20 November 2014, the Social Security Advisory Committee (SSAC) published its Report on the regulations which remove entitlement to Housing Benefit for certain categories of European Economic Area (EEA) jobseekers. The Committee expresses a number of concerns about the impact of...
No commentary is really needed, I think. The powerful judgment by Lord Justice Moses finds the residence test ultra vires (beyond the powers granted by Parliament) and unlawfully discriminatory. The judgment includes some choice wording. What follows are the words of the judgment, but with some missed out. You can...
