All Articles: Permanent residence

Advocate General Hogan’s opinion in case C‑247/20 VI v Commissioners for Her Majesty’s Revenue & Customs concludes that someone no longer requires Comprehensive Sickness Insurance (CSI) once they have permanent residence under EU law. The opinion is only advisory; it is not legally binding. But the opinion of the Advocate...

4th October 2021
BY Iain Halliday

Although the UK left the European Union on 31 January 2020 and the post-Brexit transition period came to an end on 31 December 2020, certain aspects of EU free movement law continue to apply into 2021 — but not for much longer. Old EU residence documents such as permanent residence...

30th March 2021
BY Jack Freeland

Ever since the Brexit vote in June 2016, EU citizens in the United Kingdom have been turning their attention to applications for British citizenship. Foreign nationals who have been living in the UK for five years can apply to “naturalise” as British — but there are other requirements which can...

18th February 2021
BY Iain Halliday

In Case C-32/19 AT v Pensionsversicherungsanstalt the Court of Justice of the European Union was asked to review Article 17(1)(a) of the Citizens’ Rights Directive. This provides an exception to the usual requirement of five years’ continuous residence before EU migrants are entitled to permanent residence in the country they...

30th January 2020
BY Alex Schymyck

French chef Claude Bosi, holder of two Michelin stars for his Chelsea restaurant, published his Home Office refusal letter on Instagram today: View this post on Instagram I have been in England for 23 years and today they have send me […]

...
24th January 2020
BY John Vassiliou

Six months after the release of the Advocate General’s non-binding Opinion in the joined cases of C-316/16 B v Land Baden-Württemberg and C-424/16 Secretary of State for the Home Department v Franco Vomero, the Court of Justice of the European Union has today handed down its final judgment. The case revolved around the interpretation of article 28(3)(a) of Directive 2004/38/EC:...

17th April 2018
BY Nath Gbikpi

The Brexit vote to leave the EU has caused huge anxiety amongst EU citizens and their family members living in the UK. The UK government continues to advise these citizens not to make applications for proof that they have the right to permanent residence under EU law. It is asking...

6th February 2018
BY Colin Yeo

The Court of Appeal has dismissed the appeal against deportation of a man with permanent residence in Kamki v Secretary of State for the Home Department [2017] EWCA Civ 1715. Mr Kamki had been seeking to prevent his removal to Cameroon following imprisonment for rape. UK residence and criminal conviction...

10th November 2017
BY Clare Duffy

The claimant in SSWP v NZ (ESA) [2017] UKUT 0360 (AAC) is a Polish national who worked in a chip shop. On 4 September 2017, the Upper Tribunal released a third interim decision in the case, relating to a very specific issue: had the UK derogated from Article 17 of...

3rd October 2017
BY nathgbikpi

The Home Office has broken the law by failing to publish the waiting times faced by EU citizens trying to get residence documents. The Information Commissioner ruled that Amber Rudd’s department is in breach of the Freedom of Information Act, having sat on the request for seven months and counting....

2nd October 2017
BY cjmckinney

The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker...

22nd May 2017
BY Chris Desira

EU citizens wanting to apply for proof of their right of permanent residence in the UK currently have to cut through spools of red tape. The unnecessary bureaucracy defeats some, who are wrongly being told by the Home Office that they must leave the UK after years and years of...

18th January 2017
BY Colin Yeo

The British Nationality Act 1981 requires a successful applicant for British citizenship to show, amongst other things, that he or she is free from immigration restrictions. Technically, the requirement is set out in paragraph 2(c) of Schedule 1 to the British Nationality Act 1981, which requires an applicant to show:...

10th October 2016
BY Colin Yeo

The Home Office has quietly and with no fanfare launched online residence certificate and permanent residence certificate application processes and accompanying European passport return service. I have put together a 20 minute video walk through of what the permanent residence application service looks like with some commentary which I hope...

4th October 2016
BY Colin Yeo

Two recent cases in the Administrative Appeals Chamber of the Upper Tribunal have clarified when a worker might in EU law retain his or her status as a worker during a period of unemployment. The cases are KS v Secretary of State for Work and Pensions [2016] UKUT 269 AAC...

26th September 2016
BY Colin Yeo

I recently made a partially successful Freedom of Information request on waiting times for different types of EEA residence documents. The information for the whole of 2015 taken as an average was released but not more recent information on current waiting times in 2016. The waiting times were as follows:...

23rd March 2016
BY Colin Yeo
Login
Or become a member of Free Movement today
Verified by MonsterInsights