Over the summer, the Home Office published Border Force guidance explaining how those with status under the EU Settlement Scheme (EUSS) should be treated when
Excess absences remain a real risk for holders of pre-settled status, with recent changes announced to the EU Settlement Scheme likely to cause more confusion.
In Dani (non-removal human rights submissions) Albania [2023] UKUT 293 (IAC) the Upper Tribunal has said that an application made under the EU settlement scheme
The Home Office has changed the immigration rules and the guidance on making applications to the EU Settlement Scheme, taking a far more restrictive approach
Absences from the United Kingdom — time spent outside the UK, basically — can have an impact on whether a person qualifies for full settled
On 17 July 2023, a new statement of changes to the Immigration Rules was published. As usual, it is accompanied by an Explanatory Memorandum. Also
The Brexit fall out continues with the High Court finding in the case of Independent Monitoring Authority v Secretary of State for the Home Department
Appendix EU and Appendix EU (Family Permit) have both received some updates in the latest Statement of Changes to the Immigration Rules. The accompanying explanatory
The EU Settlement Scheme (EUSS) opened in 2018 and had issued almost 6.5 million decisions by the end of June 2022. The sheer scale of
Zambrano carers who already have permission to stay in the UK under the Immigration Rules cannot use the EU Settlement Scheme as a fast track
The most recent version of the EU Settlement Scheme caseworker guidance was released on 9 December last year. After checking the “changes from last version
The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But
People having problems with their application to the EU Settlement Scheme or issues proving their status have one main point of contact with the Home
The Supreme Court has overturned last year’s ruling that EU citizens with pre-settled status should be able to claim Universal Credit without having to jump
Changes to Appendix EU and Appendix EU (Family Permit) to the Immigration Rules come into force on 6 October 2021. This post attempts to flag
Scattered throughout the latest statement of changes like needles in a 186-page haystack are three COVID-19 concessions that previously only appeared in Home Office guidance.
EU citizens and their families who apply late to the EU Settlement Scheme will have their day-to-day rights protected while that application is considered, the
The Court of Justice of the European Union has held that refusing Universal Credit to EU citizens with pre-settled status is justified so long as
On 1 July 2021, the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (SI 2021 No. 743) introduced a new section 10A
The Brexit vote, the triggering of Article 50, the failed May deal, the Johnson capitulation, the legal exit at the start of 2020 and the
The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now
On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement
On 15 December 2020 the Home Office published a short guidance document covering absences from the UK connected to COVID-19. It applies to EEA citizens
In case C-165/16 Lounes, the Court of Justice of the European Union found that EU citizens who moved to the UK to exercise free movement
In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found
From 1 July 2021, EU, EEA and Swiss citizens living in the UK without having applied for pre-settled or settled status under the EU Settlement
Here on Free Movement we have been repeating until we are blue in the face that the deadline for EU Settlement Scheme applications is 30
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
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
As we approach 30 June 2021, the deadline to apply for the EU Settlement Scheme, people are increasingly and understandably worried about their applications. In
The Court of Appeal has handed down a ruling that should, if not successfully appealed, make it easier for millions of EU citizens with pre-settled
The government has conceded that the EU Settlement Settlement probably discriminates against various groups protected by equality legislation but denies that it is unlawful, arguing
The UK government has long taken the position that EU citizen students and self-sufficient people who do not have Comprehensive Sickness Insurance are living in
Appendix EU and Appendix EU (Family Permit), which contain the rules for the EU Settlement Scheme, have received their latest revamp in the recent statement
Digital-only residence permits could make it harder for migrants to access vital services like jobs and housing, a new report warns. Landlords and employers used
Although the UK ceased to be a member of the EU on 31 January 2020, the transition period arrangements mean that EU citizens can still
As we’re constantly being reminded, free movement will come to an end this year. From 1 January 2021, EU/EEA/Swiss citizens who wish to move to
Many eastern European migrant workers don’t know that the EU Settlement Scheme exists, new research suggests. A survey of EU citizens in Cambridgeshire by the
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,
With one year left before the close of the EU Settlement Scheme, the headline numbers look positive for the Home Office. By the end of
Over the summer, the Home Office published Border Force guidance explaining how those with status under the EU Settlement Scheme (EUSS) should be treated when entering the UK. The guidance also addresses pending EUSS applications and those who may be eligible but have yet to submit an EUSS application (late...
Excess absences remain a real risk for holders of pre-settled status, with recent changes announced to the EU Settlement Scheme likely to cause more confusion. The changes mean that some people with pre-settled status may see their status automatically upgraded to settled status by the Home Office, while others may...
In Dani (non-removal human rights submissions) Albania [2023] UKUT 293 (IAC) the Upper Tribunal has said that an application made under the EU settlement scheme does not in itself amount to a human rights claim. This is yet another case where people trying to access their rights under the EU...
The Home Office has changed the immigration rules and the guidance on making applications to the EU Settlement Scheme, taking a far more restrictive approach to late applications than has been the case previously. The Office of the Immigration Services Commissioner (OISC) has updated its guidance to reflect these changes...
Absences from the United Kingdom — time spent outside the UK, basically — can have an impact on whether a person qualifies for full settled status under the EU settlement scheme. If you spend too long outside the country, you may lose your eligibility for settled status. This rule has...
On 17 July 2023, a new statement of changes to the Immigration Rules was published. As usual, it is accompanied by an Explanatory Memorandum. Also as usual, it is largely concerned with cracking down on those perceived as abusing immigration law. There are, though, one or two positive changes. Asylum...
The Brexit fall out continues with the High Court finding in the case of Independent Monitoring Authority v Secretary of State for the Home Department [2022] EWHC 3274 (Admin) that the EU settlement scheme is unlawful. The scheme was set up by the British government to transition the lawful basis...
Appendix EU and Appendix EU (Family Permit) have both received some updates in the latest Statement of Changes to the Immigration Rules. The accompanying explanatory statement gives an overview of the changes that have been made. The changes come into force on 9 November 2022. A few of the definitions...
The EU Settlement Scheme (EUSS) opened in 2018 and had issued almost 6.5 million decisions by the end of June 2022. The sheer scale of the scheme is a remarkable achievement for the Home Office. The department took on a momentous task when the UK government decided that everyone who...
Zambrano carers who already have permission to stay in the UK under the Immigration Rules cannot use the EU Settlement Scheme as a fast track to permanent residence, the Home Office has confirmed. The department announced today that it would not be changing the rules in this area, despite having...
The most recent version of the EU Settlement Scheme caseworker guidance was released on 9 December last year. After checking the “changes from last version of this guidance” you would be forgiven for assuming that nothing had changed about the approach to late applications to the scheme, the main deadline...
The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37 leaves the situation for these carers — non-EU parents...
People having problems with their application to the EU Settlement Scheme or issues proving their status have one main point of contact with the Home Office: the EUSS helpline. The Home Office has now revealed that this valuable resource has been failing people, with only 44% of calls getting through...
The Supreme Court has overturned last year’s ruling that EU citizens with pre-settled status should be able to claim Universal Credit without having to jump through hoops. The case is Fratila and another v Secretary of State for Work and Pensions [2021] UKSC 53. Pre-settled status allows EU citizens living...
Changes to Appendix EU and Appendix EU (Family Permit) to the Immigration Rules come into force on 6 October 2021. This post attempts to flag the significant changes that are likely to impact on current and future applications. Joining family members As far as Appendix EU is concerned, the first...
Scattered throughout the latest statement of changes like needles in a 186-page haystack are three COVID-19 concessions that previously only appeared in Home Office guidance. They will now form part of the Immigration Rules. In immigration law, a concession is a policy operated by the Home Office that is more...
EU citizens and their families who apply late to the EU Settlement Scheme will have their day-to-day rights protected while that application is considered, the Home Office has announced. The U-turn came in a press release on Friday evening, which says: While the numbers applying late [i.e. after 30 June...
The Court of Justice of the European Union has held that refusing Universal Credit to EU citizens with pre-settled status is justified so long as there is no risk of breaching fundamental rights under the EU Charter. The case is C-709/20 CG v Department for Communities in Northern Ireland. This...
On 1 July 2021, the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (SI 2021 No. 743) introduced a new section 10A to the British Nationality Act 1981. This new section is aimed at ensuring that certain children born from 1 July 2021 onwards will automatically acquire...
The Brexit vote, the triggering of Article 50, the failed May deal, the Johnson capitulation, the legal exit at the start of 2020 and the economic exit at the year’s end have all come and gone. On 30 June 2021 comes another milestone: the deadline for EU residents and their...
The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now apply for residence rights under the EU Settlement Scheme. There are many advantages to doing so — but also some pitfalls and potential issues to...
On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as it prevented those with permission to remain under another part of the Immigration Rules from applying. With the deadline to...
On 15 December 2020 the Home Office published a short guidance document covering absences from the UK connected to COVID-19. It applies to EEA citizens and their family members who have settled or pre-settled status under the EU Settlement Scheme, or those who are eligible but haven’t applied yet. That...
In case C-165/16 Lounes, the Court of Justice of the European Union found that EU citizens who moved to the UK to exercise free movement rights and later naturalised as British (while also keeping their EU nationality) retain their free movement rights, even after naturalisation. This is particularly helpful for...
In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under...
From 1 July 2021, EU, EEA and Swiss citizens living in the UK without having applied for pre-settled or settled status under the EU Settlement Scheme will be here unlawfully. The Home Secretary confirmed a few months ago that people can apply after that deadline, but they must have “reasonable...
Here on Free Movement we have been repeating until we are blue in the face that the deadline for EU Settlement Scheme applications is 30 June 2021. Regular readers may by now feel rather bludgeoned over the head with this fact, but it remains a vitally important message given that...
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...
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...
As we approach 30 June 2021, the deadline to apply for the EU Settlement Scheme, people are increasingly and understandably worried about their applications. In this post, we* try to answer some of the most commonly asked questions about the scheme, for those who haven’t applied yet. You can find...
The Court of Appeal has handed down a ruling that should, if not successfully appealed, make it easier for millions of EU citizens with pre-settled status to claim benefits. The case is Fratila and Tanase v Secretary of State for Work and Pensions [2020] EWCA Civ 1741. Alex explores the...
The government has conceded that the EU Settlement Settlement probably discriminates against various groups protected by equality legislation but denies that it is unlawful, arguing that any discriminatory effects are justifiable. Campaigners have long been pushing for publication of the official assessment of how the scheme caters for groups protected...
The UK government has long taken the position that EU citizen students and self-sufficient people who do not have Comprehensive Sickness Insurance are living in the UK unlawfully. The Home Office has now confirmed that people in this position will remain unlawfully resident in the post-Brexit “grace period” unless they...
Appendix EU and Appendix EU (Family Permit), which contain the rules for the EU Settlement Scheme, have received their latest revamp in the recent statement of changes (HC 813) to the Immigration Rules. The explanatory memo says that the changes “mainly reflect the end of the transition period” between the...
Digital-only residence permits could make it harder for migrants to access vital services like jobs and housing, a new report warns. Landlords and employers used to physical passports and residence permits may discriminate against migrants whose proof of immigration status only exists online, according to the Public Law Project. Millions...
As we’re constantly being reminded, free movement will come to an end this year. From 1 January 2021, EU/EEA/Swiss citizens who wish to move to the UK to work and study will have to meet the requirements of the new points-based immigration system. Existing residents have until 30 June 2021...
Many eastern European migrant workers don’t know that the EU Settlement Scheme exists, new research suggests. A survey of EU citizens in Cambridgeshire by the Social Market Foundation think tank found that barely half were aware of the Settlement Scheme. Even among those intending to stay in the UK long...
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...
With one year left before the close of the EU Settlement Scheme, the headline numbers look positive for the Home Office. By the end of May 2020 more than 3.6 million applications had been made, although some people have applied more than once. This headline number may be masking a...
