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...
Theresa May declared in an interview with the Telegraph in May 2012 that she wanted to create a “really hostile environment” for irregular migrants in the UK. In this blog post we look at the evolution of the hostile environment, consider what measures fall within the overarching policy and examine...
We are told repeatedly by UK politicians that EU citizenship is too expansive; it confers too many rights to encourage too much freedom of movement to too many people. This is why The British People voted to leave in the 2016 referendum, we are told. It is refreshing to read...
Several cases have come to light in recent weeks and months of the treatment of Commonwealth citizens who arrived in the UK in the 1950s and 1960s. Unable to provide evidence of their right to reside in the UK, these legal immigrants are losing jobs, being detained, and being denied...
Government measures aimed at stopping irregular migrants from renting a home are not being properly evaluated, the Independent Chief Inspector of Borders and Immigration has found. The controversial Right to Rent scheme is “yet to demonstrate its worth as a tool to encourage immigration compliance, with the Home Office failing...
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...
Asylum support must provide a safe place to live and enough money for people to look after themselves and their families. An extra 80p a week doesn’t cut it, writes Hannah Cooper, senior research and policy officer at Refugee Action. People seeking asylum will soon be entitled to an extra...
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...
Page contentsThe refugee definitionEngagement of the CJEU with asylum issuesDifferences between UK and EU asylum lawFuture influence of the CJEU on UK asylum law Subsidiary protectionArticle 15(c)Rights of subsidiary protectees Inglorious isolation The refugee definition Engagement of the CJEU with asylum issues Since the jurisdiction of the Court of Justice...
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...
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...
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...
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,...
The UK is required to provide support and assistance to victims of trafficking. The legal framework for providing this support is made up of two key provisions: The statutory guidance should be read alongside the Anti-Trafficking Convention. There may be inconsistencies between the guidance and the Convention. Do not assume...
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...
Page contentsWhat is the hostile environment?Origins and development of the hostile environmentWho is affected by the hostile environment?What is the intention behind the hostile environment?Access to employment: employer sanctionsAccess to love: restrictions on marriage and relationshipsAccess to housing: the “right to rent”Access to health: NHS charging and data sharingAccess to...
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...
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...
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...
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...
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...
Page contentsThe implications for Scotland of a vote in the EU referendum for the UK to leave the EUIntroductionThe current legal positionThe referendum and withdrawal: legal arrangementsUK devolution arrangementsThe messier realityScotland and the EU—a distinctive relationship?More devolved powers for Scotland, more intertwined responsibilities, more constitutional unease?Scotland and migration—divergence and tension...
Page contentsEU Citizens’ Access to Welfare Benefits: Past, Present and FutureIntroductionThe eligibility rules for EU citizensHow the rules developed over timeChanges since 2014Universal CreditFuture changes to in-work benefitsThe main types of benefitsWhen can EU citizens claim benefits? – a summaryEU citizens excluded from benefitsHousing AssistanceConclusionsFurther Reading EU Citizens’ Access to...
Page contentsEU free movement in practice at home and abroadIntroduction Treaty provisions on free movement for EU citizensWho determines who is a citizen of the Union?What rights does EU citizenship bring to individuals?What about the wider and economic benefits of EU citizenship?Setting up a businessEducation and researchSharing of personal dataMobile...
Page contentsFree movement of persons and the single marketIntroductionContext of free movementTable 1 – Top 6 recent countries of origin for EU migrants, 2011-2015The four freedomsRules on free movementThe relevant Treaty provisionsCitizenship of the UnionUK’s ‘New Settlement’ dealThe key rightsThe right to leave, to enter and to resideThe right to...
JCWI is running a new fundraising campaing to create a series of plaques in the style of the blue national heritage ones to celebrate the contribution of refugees to our society over time. …In fact refugees have historically been huge contributors to innovation, industry and culture around the world. Refugee...
This text is based on a talk given by Sonel on 24 February 2016 at an ILPA event on family immigration law. Since 2012, family immigration in UK has taken a particularly nasty turn, even where and maybe especially where, the sponsor is a British citizen. There was Quila, interfering...
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...
