All Articles: EU Free Movement

European Commission accuses UK government of violating EU citizens’ rights

The European Commission has formally accused the UK government of breaching EU law on free movement of people. Brussels today launched “infringement proceedings” against the UK, the process used to force EU member countries to comply with ...

14th May 2020 By

Lengthy absences from the UK can put EU pre-settled status at risk

For most people, the EU Settlement Scheme has largely lived up to its government billing as generous and straightforward, but confusion over permitted absences is likely to cause some European residents trouble down the line. People with pre-settled s ...

6th May 2020 By

You can carry on with an old-style EU law appeal even if granted settled status

The abandonment of an ongoing appeal seems to be a hot topic for the Upper Tribunal recently, with the case of Ammari (EEA appeals – abandonment) [2020] UKUT 124 (IAC) following on the heels of MSU and Aziz. This time the facts concern an appeal ...

5th May 2020 By

No need to be a “qualified person” to use the Surinder Singh route

Tribunals that decide whether someone is entitled to benefits often have to grapple with our nightmarish immigration law. HK v SSWP (PC) [2020] UKUT 73 (AAC) is one such case from the Administrative Appeals Chambers. It effectively confirms that a Bri ...

4th May 2020 By

High Court blow for EU citizens with pre-settled status trying to claim Universal Credit

The High Court has rejected an argument that the regulations making it difficult for Europeans with pre-settled status to access most public funds are discriminatory on the ground of nationality. The case is Fratila and Tanase v SSWP [2020] EWHC 998 ( ...

30th April 2020 By

No knowing how many Europeans will be left unlawfully resident by Brexit, experts warn

There is no way of telling how many EU citizens will be left living illegally in the UK because of Brexit, a new report has concluded. The Migration Observatory at the University of Oxford says that the government doesn’t collect or release the ...

16th April 2020 By

Prison time doesn’t count as “residence” in establishing enhanced EU law protection against deportation

A couple of weeks ago I wrote about the judicial review case of Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin). In that judgment, handed down on 28 February, the High Court held that decisions to certify cases ...

24th March 2020 By

EU citizens are protected by EU law, High Court reminds government

The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European Union law. The case is Hafeez v Secretary of State for the Home Department & Anor [2020] ...

9th March 2020 By

Government hiding key Settlement Scheme data, inspection report suggests

The Home Office has been concealing important data about the EU Settlement Scheme, an independent inspection report suggests. While the department refuses to release the number of “disguised refusals”, or to disclose gender breakdowns rele ...

28th February 2020 By

The unsettling Settlement Scheme: what happens if EU citizens refuse to apply?

The years since the EU referendum have been an emotional rollercoaster for European citizens in the UK.   Initial shock and disbelief were followed by months of uncertainty and tension as the British government negotiated a transitional agreement ...

27th February 2020 By

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
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