In The Centre for Advice On Individual Rights In Europe v The Secretary of State for the Home Department & Anor [2017] EWHC 1878 (Admin) (21 July 2017) the excellent AIRE centre brought a challenge to the way Operation Nexus operates in respect of European and EEA nationals. Operation Nexus has been covered previously by Free Movement, most recently reporting on the belated released of guidance, with calls for both evidence and funding for this recent challenge publicised via the blog. What is Nexus? As detailed in previous writing on the subject, and as set out in this judgment [6] Operation Nexus has three strands or elements; only the first…

Following a great deal of interest on the Free Movement Forum about a members meet up, Bilaal Shabbir of MBS Solicitors in Scotland has taken the initiative to arrange this in the form of an event in Scotland. An EU themed immigration law conference has now been arranged and will be hosted in Glasgow in an attempt to unite Scottish and English practitioners in this field. RECENT DEVELOPMENTS AND NEW PERSPECTIVES FROM THE UK’S LEADING PRACTITIONERS AND ACADEMICS WHEN: Friday, 8th September 2017. Registration will open from 9am and the event will close around 4pm followed by an opportunity to network. There will be a lunch break between 12:45pm and…

The Court of Appeal in GD (Ghana) [2017] EWCA Civ 1126 explained once again what effect residence orders granted by a Family Court have on immigration matters, and criticised both representatives in the First-Tier Tribunal for failing to put the relevant law to the Tribunal. The ‘residence order’ regime has now been replaced with ‘child arrangement orders’ by the Children and Families Act 2014, but this does not change the effect of family proceedings on immigration proceedings. Residence orders are made by a Family Court and determine with whom a child subject to the order will live, and will usually last until the child is 16 years of age. A decision-maker…

In SSHD v SU [2017] EWCA Civ 1069 (20 July 2017) the Court of Appeal considered for the first time the unusual case of an individual who had been deported from the UK, returned in breach of the order, and then applied for its revocation having established a private and family life during the subsequent period of unlawful residence. The case clarifies the applicable rules in revocation cases and provides further evidence, if it were needed, of the complexity of the relevant rules, with two differently constituted tribunals failing to consider two key (albeit very recently instituted) provisions. Facts In February 1998 the Secretary of State (SSHD) made a deportation order…

The cost of making an immigration or nationality application has risen extremely steeply in recent years. Annual increases of 20% or 25% per year are now standard, bringing the current cost of an application for Indefinite Leave to Remain in 2017 to £2,297. The actual cost of processing such an application is £252, so the Home Office is generating considerable income from each application. The cost of settlement is only one of the last steps in a long journey of applications, though. The total costs of applying to enter the UK as a spouse, for example, are much higher once all the different applications and fees are taken into account:…

One of the fundamental principles of the rule of law is that the law “must be accessible and so far as possible intelligible, clear and predictable” (Tom Bingham, The Rule of Law, 2010). The reasons for this should be self evident. Just as it is impossible to play a sport fairly without knowing the rules, so it is impossible to live life fairly without knowing the law, or at least being able to find out what it is. Immigration law is anything but accessible, intelligible, clear and predictable. Accessibility: what does immigration law say? The first issue with immigration law is finding out what it says. Lord Neuberger, outgoing President of…