December 2020 feels a bit like it was asylum month: we’ve got some very important changes to the Immigration Rules on claiming asylum and safe third countries; an interesting case on military service and refugee status; a big case on asylum accommodation delays; a report on the UK statelessness procedure;...
Welcome to episode 84 of the Free Movement immigration update podcast. We’re going over what happened in December 2020, which feels a bit like it was asylum month: we’ve got some very important changes to the Immigration Rules on claiming asylum and safe third countries; an interesting case on military...
Immigration law is complicated. This will probably not be a surprise to readers of this blog. There has, over the last couple of years, been a concerted effort to simplify it. This is a good thing. But has it been successful? Different types of complicated Immigration law can be complicated...
In the case of Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53 the Supreme Court has held that there is no “exceptional circumstances” test that applies in EU law to protect a non-EU national carer from deportation. The case involved a Jamaican woman who is...
This month we start with the EU Settlement Scheme before turning to a couple of cases at the intersection of immigration law and family law. With the slow down in the court system, there wasn’t a whole lot of case law this month, so we take a detour via domestic...
Welcome to episode 80 of the Free Movement immigration update podcast. This month we start with the EU Settlement Scheme before turning to a couple of cases at the intersection of immigration law and family law. With the slow down in the court system, there wasn’t a whole lot of...
The Home Office has so far rejected the majority of EU Settlement Scheme applications that rely on Zambrano rights. New figures show that 770 of the 1,260 Zambrano carers applying for leave to remain under the scheme have been rejected (61%). A non-EU citizen who is the primary carer of...
It was the worst of times; it was the worst of times. As a result of the Home Office gridlock caused by the coronavirus pandemic, EU citizens seeking to apply for post-Brexit immigration status under the EU Settlement Scheme have been disadvantaged in various ways, including longer processing times. The...
Certain non-European nationals who look after EU children, non-EU children of EU nationals or British citizen children living in the UK can apply to the EU Settlement Scheme as well. Though, as with the cases we have already discussed in this course, applications made after the deadline are “late applications”....
What happens when you enter the UK as a visitor and then apply to remain here so that you can stay with your British family members? Most immigration lawyers can easily answer this question: your application will be refused. But things can get a bit more complicated. While it is...
In countless Home Office decisions, and in judgments at all levels of the courts system, separation of family members for immigration reasons is – at least in part – justified by the availability of “modern means of communication”. It is a phrase that has become almost invisible to immigration practitioners,...
The case of SD (British citizen children – entry clearance) Sri Lanka [2020] UKUT 43 (IAC) shouldn’t come as a surprise to anyone following developments around Appendix FM and the rules relating to the rights of family members of British citizens to move to the UK. That does not, though,...
This month we start with the excellent result on child citizenship fees and the Supreme Court’s clarification of the legal test in Zambrano cases. There are also interesting cases on investment visas, unlawful detention and deportation law to cover, as well some developments in asylum law. The downloadable 20-minute podcast...
Welcome to episode 72 of the Free Movement immigration update podcast. This month we start with the excellent result on child citizenship fees and the Supreme Court’s clarification of the legal test in Zambrano cases. There are also interesting cases on investment visas, unlawful detention and deportation law to cover,...
There are over 100 hours worth of immigration law training courses on Free Movement now, all accessible to paid members. The latest addition to the menu covers immigration bail. The core modules cover the practicalities of making a bail application to the Home Office or immigration tribunal, but we also...
The EU Settlement Scheme has been introduced to grant residence rights to European nationals and their family members after the UK leaves the EU. The scheme covers Zambrano carers. Unlike EEA Regulations, which do not provide a right to permanent residence for Zambrano carers, the scheme allows them to get...
The original Zambrano judgment was very clear on one thing: EU member states have to allow primary carers of EU nationals to remain in their territory if not doing so would compel EU nationals to leave. Since then, courts and tribunals at all levels have tried to interpret the judgment....
The judgment in Zambrano, and the following cases mentioned in the previous unit make it clear that EU member states have to allow primary carers of EU nationals to remain in their territory if not doing so would compel EU nationals to leave. How is compulsion assessed, then? The courts...
Page contentsThe McCarthy caseFactsJudgmentThe Dereci caseFactsJudgmentThe Iida caseFactsJudgmentThe Ahmed case The McCarthy case Zambrano was handed down in March 2011. It was followed a couple of months later by the case of C-434/09 McCarthy v UK. Facts Mrs McCarthy, a national of the United Kingdom, was also an Irish national....
This was a mercifully quiet month in immigration law, for a change, but there’s still a few decisions from the Court of Appeal to be aware of — particularly on asylum and trafficking — as well as an important process change for Zambrano applicants. There’s a useful judgment on damages...
Welcome to the May 2019 edition of the Free Movement immigration update podcast. This was a mercifully quiet month in immigration law, for a change, but there’s still a few decisions from the Court of Appeal to be aware of — particularly on asylum and trafficking — as well as...
We have launched an updated second edition of our Settled Status Handbook on applying to the EU Settlement Scheme. This is our guide for EU citizens and their family members applying for settled or pre-settled status to legally remain in the UK after Brexit. The update partly reflects tweaks to...
This month we start with a big Court of Appeal decision on “paragraph 322(5)” tax cases and the state of play on the new business visas. There’s just one asylum judgment to review, but several on deportation and detention. We’ll then look at some immigration appeals law and some non-Brexit...
Welcome to the April 2019 edition of the Free Movement immigration update podcast. This month we start with a big Court of Appeal decision on “paragraph 322(5)” tax cases and the state of play on the new business visas. There’s just one asylum judgment to review, but several on deportation...
On 2 May 2019, the Home Office published updated guidance on “derivative rights of residence”, which includes the rights of Zambrano carers. Buried in the 63-page document is a fundamental change of policy: potential Zambrano applicants must first make a human rights application under British immigration law. In other words,...
The immigration tribunal has, once again, grappled with the public interest considerations which must be taken into account in all private and family life appeals against a migrant’s removal from the UK. It is now clear that, even where a child’s departure from the UK is unlikely to take place,...
An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in MS (Malaysia) v Secretary of State for the Home Department [2019] EWCA Civ 580. On the facts, it is surprising that the Secretary of State...
This is significant: the Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019. The most important of the changes are to give non-EU extended family members of EU citizens a right of appeal against refusal of a family permit or residence card. The regulations also implement last summer’s Court of...
A new statement of changes to the Immigration Rules was published today, 7 March 2019. It is 294 pages long and covers a lot of ground. The main changes are to Tier 1 entrepreneur and investment visas, and to the EU Settlement Scheme. This requires, inevitably, a new appendix to the...
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...
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...
In SR (subsisting parental relationship – s117B(6)) Pakistan 2018 UKUT 3345 (IAC), the Upper Tribunal examines the various pieces of law relevant to deciding whether someone who has a child in the UK should be allowed to stay here. The case is helpful for two reasons: The Home Office’s approach...
Secretary of State for the Home Department v Robinson (Jamaica) [2018] EWCA Civ 85 was a deportation appeal decided earlier in the year. Unusually for an appeal judgment, we didn’t discuss it on Free Movement at the time. But Adam Pipe of No.8 Chambers has included it in his handy...
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...
Ministers released further information today on the settled status registration scheme for EU citizens living the UK after Brexit. Many of the headline announcements cover familiar ground, but there is now a 40-page statement of intent on the EU Settlement Scheme, as well as draft Immigration Rules. Roughly 3.5 million...
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,...
This month I start on the Brexit outlook for EU citizens before turning to several immigration law issues affecting children that came to light in March. The Upper Tribunal reported a fresh batch of decisions, a couple on its jurisdiction and some more on other procedural bits and pieces. I...
