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...
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...
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...
Official headnote from Ayinde and Thinjom (Carers – Reg.15A – Zambrano) [2015] UKUT 560 (IAC): (i) The deprivation of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizens identified in the decision in Zambrano [2011] EUECJ C-34/09 is limited to safeguarding a...
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...
Court of Appeal rules that the Zambrano status arises immediately and there is no need to show destitution. However, Zambrano carers have no entitlement to mainstream social assistance following the amendment to the habitual residence test in November 2012. In Sanneh & Ors v Secretary of State for Work and...
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...
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...
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...
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...
There are two places we can look to see what the approach of the Home Office is to Zambrano cases. The first is the Immigration (European Economic Area) Regulations 2016, which set out the legal framework, and the second is Home Office policy documents, which set out how the framework...
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...
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...
As has been seen, the legal basis for Zambrano was Article 20 of the TFEU. Having stated simply that “citizenship of the Union is intended to be the fundamental status of nationals of the Member States” the Court of Justice went on: 42. In those circumstances, Article 20 TFEU precludes...
Free movement law historically and conceptually depended on two elements: facilitating movement across borders and facilitating economic or protected activity of some sort, such as work, self employment or studies. Previous cases such as Baumbast, Chen and Metock started the evolution away from these principles. Zambrano represented more of a...
In C-34/09 Zambrano, a Colombian national, Mr Zambrano, lawfully entered Belgium and then applied for asylum. His wife and child joined him. The asylum claim was rejected but no removal action was pursued. The couple had two more children, who acquired Belgium nationality. Mr Zambrano found work in order to...
It is well known that those who have been granted leave to remain (LTR) in the United Kingdom but who have a ‘no recourse to public funds’ condition attached to their leave (including those who have applied under Appendix FM of the Immigration Rules) would be in breach of that...
Since 17 October 2011, some immigration judicial reviews have been heard in the Upper Tribunal. Until now this was confined to asylum fresh claims and disputed age assessments. From 1 November 2013 most new immigration judicial reviews are heard in the Upper Tribunal. There are a few teething difficulties, though....
Zambrano cases for admission to the UK finally seem to be filtering through to the Upper Tribunal. In MA and SM (Zambrano: EU children outside EU) Iran [2013] UKUT 00380 (IAC) there are two linked appeals, both involving a child resident in the UK with one parent where the other...
There are some detailed blog posts to come on some of the more important things that happened in the last fortnight, but for those who missed their beloved Free Movement updates here is a brief round up of developments I’ve spotted looking through my emails on my return from holiday....
This post by Frances Meyler and Sarah Woodhouse, Co-Directors of the Liverpool Law Clinic, School of Law and Social Justice, University of Liverpool, examines some of the arguments that might be put forward in an application for an ‘Exceptional Case Determination’. It focuses on articles 6 and 13 of the...
The decision of the Court of Justice of the European Union in Zambrano requires a lot of explaining. The process of seeking to understand its impact will continue for some time at an EU level and domestically. In Harrison (Jamaica) v Secretary of State for the Home Department [2012] EWCA...
First of all, some stats from the blog for 2012: 722,000 page views 2,000 page views per day on average 356,000 visitors 2 min 46 sec average visit duration 2 pages viewed per visit on average 149 new blog posts in 2012 (three per week) 21,500 unique visitors per month...
On 22 November 2012 a new Statement of Changes was laid which brings in quite a few amendments to the Immigration Rules. A large proportion of those changes are yet again to clarify, correct and/or put into place what was apparently always intended with the July 2012 changes. Other changes...
The publishers, Sweet & Maxwell, have been kind enough to provide a review copy of the 2nd edition of Free Movement of Persons in the Enlarged European Union by Nicola Rogers, Rick Scannell and John Walsh. Nicola and Rick are formerly of Garden Court Chambers and recently retired from the...
The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (SI 2012/2560) come into force on 8 November 2012. There are two bits of good news for applicants and one piece of bad news. For previous news, updates and commentary on Zambrano and developments since that case see the EU...
