In Chavez-Vilchez and Others v Netherlands C-133/15, the Court of Justice of the European Union 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 the impact on children is a...
In two linked cases, C-304/14 CS v UK and C-165/14 Marin v Spain, the Court of Justice of the European Union 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 and a...
In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal...
Page contentsMandatory grounds for refusalSerious harmPersistent offendersVisitorsAppendix FMOffences committed outside the UKExceptions to mandatory bansConviction for an offence not recognised in the UKDiscretionary grounds for refusal Mandatory grounds for refusal The mandatory grounds for refusals are where the immigration rules specify that applications “must” be rejected. Paragraph 9.2.1 of Part...
Two interesting and important legal points emerge from the Upper Tribunal’s determination in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC). The first is on the issue of when, if at all, a British child might be required by immigration policy to leave the UK and the second...
K2 v the United Kingdom (Application No 42387/13) The use of the Home Secretary’s power to strip a British citizen of their citizenship is on the rise. It has been the subject of debate where its use has rendered a person stateless following a series cases in the higher courts...
Where a family member is not adjudged to have retained rights of residence under Directive 2004/38 then it may in some cases be possible to fall back on derived rights of residence. These do not lead to the acquisition of permanent residence in EU law but something may be better...
On the one hand, informal indications are that EEA nationals will be allowed to remain in the UK, and that probably also includes family members. On the other, the official Government position remains that it is a matter for negotiation and we also do not know on what basis EEA...
Page contentsNo change, for nowWhat will happen to EEA nationals and family members?Is it worth applying for residence documents now?Should EEA nationals apply for naturalisation as British citizens? No change, for now The vote in the referendum on 23 June 2016 for the UK to leave the European Union had...
Source: Criminality guidance in article 8 ECHR cases – GOV.UK The change log says: Additional sections to reflect the Supreme Court judgment in Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] and the European Court of Justice judgement in Ruiz Zambrano (European citizenship) [2011] ECJ C-34/09....
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...
In linked judgments in the case of MM and others v Secretary of State for the Home Department [2017] UKSC 10, known to many as just “the MM case,” the Supreme Court has this morning upheld in principle the Minimum Income Rule which requires an income of at least £18,600 for...
By Bernard Ryan, Professor of Migration Law, University of Leicester Page contentsIntroductionRights of residence in EU lawWhy a right to remain?A negotiated approachThe content of an agreementDecisions at the United Kingdom level Introduction This paper is concerned with the possibility of a post-Brexit right to remain for those residing in the United...
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...
Offence of leasing premises Section 39 of the Immigration Act 2016 creates a new offence of leasing premises by inserting new sections 33A, 33B and 33C into the Immigration Act 2014. This includes residential premises. Under these new provision, a landlord in England commits an offence under the new section...
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...
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 residence for victims of domestic violence. It is hard to care given the result of the Brexit referendum but it is a very important case...
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 phone...
Page contentsRights of Entry and ResidenceIntroductionRights of entry and residenceExclusion and expulsionCitizenshipFuture enlargement Rights of Entry and Residence By Steve Peers, University of Essex, 17 May 2016 Introduction The free movement of EU citizens to the UK (and vice versa) is a key feature of the UK’s EU membership. However,...
Following the judgment last year in R (on the application of Zewdu) v The Secretary of State for the Home Department [2015] EWHC 2148 (Admin) (09 June 2015) solicitors Duncan Lewis have revealed that the Home Office agreed to pay a record £40,000 in damages for the 19 month delay in...
Generally speaking, British citizens resident in the UK are not making use of EU free movement laws in the UK and therefore cannot make use of the other benefits that come with the use of free movement laws. However, there are some circumstances where a British citizen might be making...
The UK Government’s official interpretation of the effect of Surinder Singh is set out in the Immigration (European Economic Area) Regulations 2016 at regulation 9 (as amended): Family members of British citizens 9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the...
Page contentsUK and EU rules contrastedReverse discriminationWhose rights?Can a British citizen use EU law in the UK? There and back again: Surinder SinghProvision of goods or services in another Member StateZambrano citizenship rights UK and EU rules contrasted There are many legal and procedural obstacles to a British citizen who wants...
Page contentsTreatiesCitizens’ DirectiveUK implementing regulationsEU citizenshipHow to read and understand free movement law Treaties The purpose of the EEC, later the EC and now the EU has been set out in various treaties and other laws of the EEC, EC and EU since 1957. The current treaty is rather prosaically...
Welcome to the October 2015 edition of the Free Movement immigration update podcast. In this episode I talk about some big cases from the Supreme Court and Court of Appeal, several other important cases on unlawful detention and on EU law amongst other things, some upcoming policy level changes on...
The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal. The determination is Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC) and the official headnote reads: Where no notice under section 120 of...
Welcome to the February 2015 edition of the Free Movement immigration update podcast. For February I cover some tribunal, High Court and Court of Appeal cases, some quickly and some in more detail, I mention some upcoming legislative changes that will be covered in more detail next month and some practice points. The...
Many practitioners are concerned about the increasing use of draconian powers to deprive people of their citizenship and the related ‘evil of statelessness’ (which is the subject of the UNCHR’s latest campaign.) Last week, a 7-member Supreme Court panel heard the latest round of arguments on these issues in the...
When the Grand Chamber handed down its judgment in Dano v Jobcenter Leipzig (C-333/13) on 11 November 2014, it was the subject of much media attention: Germany can deny benefits to jobless EU migrants, court rules (The Guardian), Landmark ECJ ruling boosts David Cameron’s bid to clamp down on EU benefit...
Page contentsTreatiesCitizens’ DirectiveUK implementing regulationsEU citizenshipHow to read and understand free movement law Treaties The purpose of the EEC, later the EC and now the EU has been set out in various treaties and other laws of the EEC, EC and EU since 1957. The current treaty is rather prosaically...
The Home Office have updated their Chapter 13 Immigration Directorate Instruction guidance on deportation cases. It makes interesting reading for anyone interested in immigration law or human rights but it is essential reading for lawyers representing people in deportation cases. It not only gives insight into the approach of the...
The Home Office updated Chapter 13 of the Immigration Directorate Instructions on deportation cases on 28 July 2014. The revised version not only gives insight into the approach of the Home Office, but it also tells us about the evidence that is necessary in deportation cases in order to avoid an...
Welcome to the Free Movement shop. See below for more information about all of our eBooks and other training products. eBooks are only £1 each for Free Movement Members (not including HJT Training manual): log in and visit the Members’ Home Page to find out more. To re download an...
The form for making a Zambrano application is Form DRF1, using the ‘primary carer of a British citizen child or dependent adult’ category. The fee is £65. As well as payment, personal and contact information, the form ask for: a current passport or other valid travel document for the applicant 2 passport size...
The Upper Tribunal has addressed Zambrano in several determinations. We look at these in turn in chronological order (oldest first). Page contentsOmotundeSanadeMA and SMAyinde and Thinjom Omotunde In Omotunde (best interests – Zambrano applied – Razgar) Nigeria [2011] UKUT 00247 (IAC) the then President of the Tribunal held that Zambrano must be engaged with in...
In Harrison (Jamaica) v Secretary of State for the Home Department [2012] EWCA Civ 1736 the Court of Appeal explores the Advocate General and Court decisions in Zambrano, McCarthy, Dereci and Iida at paragraphs 12 to 30 and is an invaluable and highly recommended summary of the development of the law thus far. The parties agreed that the application of...
On 15th November 2011, the Court of Justice of the European Union handed down its judgment in the case of Dereci (C-256/11). This was a much awaited judgment after the ‘Zambrano and Article 20’ revolution was dampened by McCarthy. Facts The case involved five separate applications. The first three concerned two adult men and one...
