All Articles: EU Free Movement

Just how level do we want the Brexit playing field to be?

Seasoned Brexit watchers will be familiar by now with the trope that there is a “need for a level playing field”. Coined by the EU out of concern that the UK may turn itself into a tax haven, the phrase has now been appropriated by Brexiteers in t ...

21st February 2018 By

The rights of EU nationals in the UK post-Brexit – five pessimistic predictions

The UK government’s policy paper on EU citizens’ rights in the UK after Brexit, released in June 2017, offered reassurances about “safeguarding” rights, while leaving substantial question marks hanging — in particular about what ...

19th February 2018 By

Do unrecognised adoptions confer EU free movement rights? Maybe…

The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is not recognised by an EU member state, could be considered a “family member” under the  ...

15th February 2018 By

British migrants trying to keep EU citizenship get Court of Justice hearing

Around 1.3 million British citizens are currently settled in other EU member states, but do not have citizenship of those countries. Just like EU citizens living in the UK, they can do this by relying on free movement rights granted by the EU. Speakin ...

8th February 2018 By

How to make a permanent residence application

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 resid ...

6th February 2018 By

Comprehensive Sickness Insurance: what is it, and who needs it?

If you are an EEA/EU citizen or their family member and wish to qualify for an EU law right of residence, then eventually a right of permanent residence, you have to meet certain requirements. For some people – chiefly those not working or self- ...

29th January 2018 By

Unaccompanied children and Dublin III: the latest instalment

In R (RSM (A Child)) v Secretary of State for the Home Department [2018] EWCA Civ 18 the Court of Appeal considered the ambit of Article 17 of the Dublin III regulation, the so-called “discretionary clause”, and found it to be narrow indeed. The c ...

26th January 2018 By

How to apply for “settled status” and “temporary status”: a guessing game

On 8 December the British government reached an agreement with the EU which gives some more clarity about the status of EU nationals following Brexit. The agreement so far is limited to EU nationals who arrive in the UK before the “specified date” ...

5th January 2018 By

Self-employed EU citizens who fall out of work retain worker status

When a self-employed EU citizen falls on hard times in another member state and stops working, do they retain their status as a worker? Since 2010, English courts have said they do not. In a case with wide implications for residence and social securit ...

22nd December 2017 By

NGO victory: Home Office policy on EU rough sleepers found unlawful

The High Court decided today that the Home Office’s policy of detaining and deporting rough sleepers from EU countries is unlawful. The case is R (Gureckis) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin), a judicial rev ...

14th December 2017 By

Court of Appeal says test in Zambrano cases remains compulsion not choice

In May this year, referring to the case of C-133/15 Chavez-Vilchez and Others v Netherlands, Colin wrote that the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office ...

14th December 2017 By

Home Office EU deportation decision overturned for ignoring EU law

In R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752, the Court of Appeal found that the Secretary of State must show her workings. She, and the immigration tribunals, must explicitly apply relevant tests set out ...

14th December 2017 By

How many EU citizens will be criminalised by Brexit?

Some EU citizens now living in the UK will find themselves committing criminal offences after Brexit. That much is certain. How many people exactly will become unlawfully resident is probably impossible to calculate, and here at Free Movement we do no ...

13th December 2017 By

Brexit: settled status and citizens’ rights – what has been agreed?

The European Commission and the UK government have reached a deal to finalise the first phase of Brexit talks. One of three core issues of this phase involved EU nationals’ rights in the UK and reciprocal rights for UK nationals living elsewhere ...

11th December 2017 By

Proportionality principle no help in EU mother’s income support claim

LO v SSWP (IS) [2017] UKUT 440 (AAC) involved the overlap between EU law, family law and welfare benefits, focusing particularly on the role of proportionality. All this is academic to LO, who just wanted her income support. Despite compelling person ...

4th December 2017 By

Resolving a “difference in views” between EU members over benefits

Where there is a “difference in views” between two European Union member states about which is required to pay a benefit to a claimant, EU law requires the state in which the claimant resides to make interim payments until the dispute is r ...

29th November 2017 By

Supreme Court rejects a right to non-contributory benefits for Zambrano carers

In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which have a “right to reside” test. The benefits affected by the decision ...

17th November 2017 By

Guest post: three issues with the arrest warrant for Carles Puigdemont

The author is running the 2018 London Marathon for the charity Bail for Immigration Detainees and invites readers to consider supporting this organisation via the sponsorship page. Deposed Catalan president Carles Puigdemont is due back in Belgian co ...

17th November 2017 By

Court of Justice finds EU citizens retain free movement rights after naturalisation in host state

The Court of Justice of the European Union has found in the case of C-165/16 Lounes that EU citizens who move to the UK and later naturalise as British retain their free movement rights under EU law even though they have become British. The court h ...

14th November 2017 By

New guidance on the Surinder Singh route

The Home Office has updated its guidance on Surinder Singh cases, with “clarifications” on the requirements of the eponymous route. As our in-depth post on this topic explains, the Surinder Singh route is a potential means for British citi ...

13th November 2017 By

Court of Appeal upholds deportation of rapist with permanent residence

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 impr ...

10th November 2017 By

Worker Registration Scheme extension unlawful, Court of Appeal confirms

In a decision of 7 November 2017, the Court of Appeal unanimously found, yet again, that the extension of the Worker Registration Scheme from 1 May 2009 to 30 April 2011 was unlawful and incompatible with EU law. The case is Secretary of State for Wor ...

9th November 2017 By

MK Pakistan: Sala overturned in the Court of Appeal

In Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC), the Upper Tribunal held that there was no right of appeal against a decision by the Home Office to refuse a residence card to the extended family member of an EEA citizen. The Court o ...

9th November 2017 By

Government publishes details on settled status for EU citizens

The government has put a little flesh on its promise that EU citizens living in the UK will be able to apply for settled status in a way that is “new”, “streamlined” and “low cost”. A “technical note” &# ...

7th November 2017 By

Guest post: barriers to migrants accessing public services

Getting to the UK and applying for the right to stay is only the start of the battle, writes trainee housing solicitor John Murphy. Newcomers to the UK, whether they have immigration status or not, face formidable obstacles in accessing services such ...

30th October 2017 By

AG: permanent residence needed before ‘enhanced protection’ kicks in

Today saw the release of the Advocate General’s Opinion in the Court of Justice of the European Union (CJEU) 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 issue ...

24th October 2017 By

Theresa May’s open letter: what she said and what she meant

As I travel to Brussels today, I know that many people will be looking to us – the leaders of the 28 nations in the European Union – to demonstrate we are putting people first. I have a firm grasp of the technical detail. I have been clear th ...

19th October 2017 By

FOI response: waiting times for permanent residence certificates triple

Eight months and a warning from the Information Commissioner later, the Home Office has finally replied to my Freedom of Information request on waiting times for EU residence documents. The figures only go to the end of 2016 and it seems likely that w ...

18th October 2017 By

Self-sufficiency, health insurance and welfare benefits: the case of AMS

In AMS v SSWP (PC) (final decision) [2017] UKUT 381 (AAC), Upper Tribunal Judge Ward dismissed a Dutch widow’s appeal against the refusal of her claim for state pension credit on the basis that she had no right to reside in the UK. Although a d ...

17th October 2017 By
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