All Articles: EU Free Movement

Surinder Singh route still requires genuine residence abroad

The Court of Appeal has confirmed that in order to benefit from the Surinder Singh principle, the family involved must have genuinely resided in another EU country and have created or fortified their family life there. In Kaur & Ors v Secretary of ...

13th February 2020 By

How to apply for “settled status” for EU citizens

On 31 January 2020 at 11pm, the United Kingdom left the European Union and entered a transition period, due to end on 31 December 2020. During this transition period, Europeans can continue to enjoy their freedom of movement rights in the UK as they d ...

4th February 2020 By

Briefing: the status of EU immigration and asylum law after Brexit

Following the Conservative Party’s victory in the December 2019 general election, and the passing of the Withdrawal Agreement Act on 23 January 2020, the UK has now left the European Union with a divorce deal.  Under the deal, formally called the W ...

3rd February 2020 By

Rules on early permanent residence rights for retirees confirmed by Court of Justice

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 ...

30th January 2020 By

Celebrity chef Claude Bosi refused permanent residence after Brexit – here’s what went wrong

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 an ...

24th January 2020 By

5 Brexit New Year’s resolutions for employers

By today, most businesses around the country will have reopened following the festive break. With energy levels topped up and a whole new year to embrace, if the business — large or small — hasn’t already done so, now is the time to ...

6th January 2020 By

Court of Justice case confirms lower legal protections for Brits visiting the EU after Brexit

In all likelihood, the events of last Thursday mean the UK will be exiting the EU on 31 January 2020 with a deal. This means EU law will remain in place during a transitional period at least until 31 December 2020. After this date, either the transiti ...

18th December 2019 By

Supreme Court says Zambrano test is usually a simple one

The Supreme Court has found in the case of Patel and Shah v Secretary of State for the Home Department [2019] UKSC 59 that the carers of EU citizen children can derive a Zambrano right of residence only where the child will as a practical matter of f ...

16th December 2019 By

Administrative review under the EU Settlement Scheme: what does the 90% success rate mean?

An incorrect decision under the EU Settlement Scheme could impact the terms by which EU citizens and their family members are able to reside and access services in the UK after Brexit. Statistics we have retrieved on administrative reviews of Settleme ...

4th December 2019 By

Supreme Court finds detention of asylum seekers unlawful

The Supreme Court has confirmed in the case of Hemmati v Secretary of State for the Home Department [2019] UKSC 56 that the detention of asylum seekers for their removal to other EU states under the Dublin Regulation was unlawful between 1 January 201 ...

27th November 2019 By

New statement of changes to the Immigration Rules: HC 170

Another statement of changes to the Immigration Rules (HC 170) was laid on 24 October 2019. The changes relate to Appendix EU of the Rules and their functioning in a no-deal Brexit scenario. This is somewhat surprising given recent events. Jacob Rees- ...

25th October 2019 By

Do the EU Settlement Scheme statistics add up?

The Home Office released a new set of EU Settlement Scheme statistics in early October. While this update again showed a rise in applications to the scheme, it also suggests re-applications to it are counted towards the total. This raises questions ov ...

21st October 2019 By

What legal rights will EU citizens have after a no-deal Brexit?

As the outcome of the latest Brexit negotiations are still uncertain — and with 31 October less than one month away – the latest research update from the Public Law Project (PLP) shows that EU citizens would still lack statutory protection for the ...

8th October 2019 By

CJEU: Child self-sufficient if supported by parent working without work permit

The Court of Justice of the European Union has found that a child is self-sufficient in EU law even if supported only by the earnings of a parent who is working without permission to do so. The case is C‑93/18 Bajratari. The case involved an Albania ...

2nd October 2019 By

Tribunal finds “centre of life” integration and intention tests irrelevant in Surinder Singh cases

The Upper Tribunal has finally, some six years after the test was introduced into domestic regulations, taken a good, hard look at the “centre of life” test applied by the Home Office to Surinder Singh cases. For background on the Surinder ...

20th September 2019 By

CJEU: expulsion of family members who lose right of residence must still comply with EU law

In the case of C‑94/18 Chenchooliah the Court of Justice of the European Union returns to the contentious issue of the rights of family members of EU citizens. Family members like to have rights, governments like to be able to remove family members ...

19th September 2019 By

Do dependent parents actually need to be dependent under the EU Settlement Scheme?

An EU citizen, or their spouse or civil partner, is entitled to have his or her dependent parent continue to live with them or join them in the UK under the EU Settlement Scheme. This has always been the case since the scheme began. But one particular ...

16th September 2019 By

The good, the bad, and the hard truth buried in EU Settlement Scheme stats: analysis

A few weeks ago I analysed EU Settlement Scheme stats released in August. I argued that the Scheme is not working as well as the Government claims it is. While it might be performing well from the point of view of its administrators at the Home O ...

13th September 2019 By

Welcome and unwelcome rule changes made to EU Settlement Scheme: analysis

Yesterday afternoon the government dropped statement of changes to the Immigration Rules HC 2631. This is a formal change to the Immigration Rules and there is a lot to it: the full version weighs in at 102 pages. We’ll deal with other changes in a ...

10th September 2019 By

Free movement rules to continue after no deal Brexit

The Johnson ‘government’ has reaffirmed that free movement rules will continue if the UK leaves the EU without a deal on 31 October. A new voluntary (Ed. – !?!) immigration scheme will be introduced called the European Temporary Leav ...

9th September 2019 By

Frontier workers left in Brexit limbo

When the word ‘chaotic’ no longer seems to adequately describe a situation you know things are getting bad.  The government’s announcement and subsequent hasty retraction of its intention to end free movement on 1 November 2019 has served o ...

6th September 2019 By

Government rows back on bonkers plan to end free movement on 31 October

The Government yesterday rowed back on the bonkers idea floated by Home Secretary Priti Patel two weeks ago to end free movement of EU citizens into the UK on 31 October 2019. Apart from the obvious problem of having to invent and implement a new immi ...

2nd September 2019 By

Is it legal to end EU free movement without a new Immigration Act?

The Home Secretary, Priti Patel, said last week that free movement for EU nationals will end on 31 October 2019 unless there is a Brexit deal. Media reports indicate that she intends to repeal EU free movement law from day one of a no-deal Brexit, rep ...

29th August 2019 By

Still no clarity on immigration status checks for European residents

Following Priti Patel’s recent comments about the immediate end of free movement following a no-deal Brexit, the Home Office sent an email reassuring EU citizens that they will continue to be eligible to remain in the UK so long as they apply fo ...

28th August 2019 By

Ending free movement overnight: what exactly is the government playing at?

Confusion abounds after Dominic Cummings sources close to Home Secretary Priti Patel told the Telegraph and Independent over the weekend that free movement of EU citizens would end the day after a no-deal exit on 31 October 2019. While at first glance ...

19th August 2019 By

This is how to stop Brexit causing a new Windrush scandal for EU citizens

Three years after the referendum, the more than three million EU citizens living in the UK still have no clarity on what their legal status will be after Brexit. It is uncertain whether the Brexit deal negotiated by Theresa May’s government (for ...

9th August 2019 By

12 years a litigant: Franco Vomero case returns to Supreme Court

The Supreme Court handed down its second judgment in the long-running case of Franco Vomero today. The latest instalment is Secretary of State for the Home Department v Franco Vomero [2019] UKSC 35. The facts Mr Vomero is Italian. He moved to the UK a ...

24th July 2019 By
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