All Articles: EU Free Movement

What is the position of EU spouses of British citizens following Brexit?

The 2016 referendum sent shockwaves through the European community in the UK, but now that the dust has settled, the picture is far less alarming than appeared at first. Various groups who seemed particularly vulnerable in the wake of the vote, includ ...

21st May 2019 By

Big Home Office policy change: Zambrano carers need to make a human rights application first

On 2 May 2019, the Home Office published updated guidance on “derivative rights of residence”, which includes the rights of Zambrano carers. Buried in the 63-page document is a fundamental change of policy: potential Zambrano applicants must f ...

15th May 2019 By

Carer for 87-year-old British woman allowed to stay in the UK after Zambrano appeal

An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in MS (Malaysia) v Secretary of State for the Home Department [2019] EWCA Civ 580. On the facts, it is surprising that the ...

12th April 2019 By

How will Brexit affect Irish citizens in the UK?

The UK government’s policy is that Brexit will not affect Irish citizens at all. Other European citizens have to apply for a new “settled status” or risk losing their right to live and work in the UK after it leaves the European Union. But the g ...

8th April 2019 By

Brexit delayed: what does it mean for lawyers?

The United Kingdom is not now leaving the European Union at 11pm on 29 March 2019. Brexit fans can rest assured that the game is still afoot: it will just take place on 12 April, or 22 May, or some future date giving time for a Norway-style single mar ...

29th March 2019 By

Unrecognised adoptions can attract EU free movement rights

Assiduous Free Movement readers and European law aficionados may remember the case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, covered in this previous post. The case has now gone from the Supreme Court to the Court of Justice of the Eur ...

28th March 2019 By

No deal planning: Home Office forgets about Scotland

Depending on which pundit you speak to, a no-deal Brexit has either got more likely or less likely over the last couple of weeks. It remains the default if the UK-EU withdrawal agreement is not passed at the third time of asking, and a further extensi ...

26th March 2019 By

Receiving unsettling news: how to challenge the refusal of EU settled and pre-settled status

The settled status scheme for EU citizens to stay in the UK after Brexit is about to complete its last test phase and will be fully open on 30 March 2019. We have talked about how the Settlement Scheme operates here: How to apply for “settled status ...

22nd March 2019 By

How new immigration regulations will make it easier to deport EU citizens after Brexit

The draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019, laid before Parliament on 11 February, make major changes to the law on deportation of European Economic Area and Turkish citizens after Brexit. They will kick in on the date of ...

13th March 2019 By

EU law “extended family members” get appeal rights under new regulations

This is significant: the Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019. The most important of the changes are to give non-EU extended family members of EU citizens a right of appeal against refusal of a family permit or res ...

8th March 2019 By

The practical implications of a no-deal Brexit for British citizens travelling to the EU

Just weeks from the date that the EU and UK’s divorce is due to take place, the position of UK travellers to the EU remains foggy. The clock is ticking and Prime Minister May is still caught between the EU and her own government, struggling to reach ...

6th March 2019 By

Record numbers of EU citizens are applying to become British

The June 2016 vote to leave the European Union has already had a major impact on Europeans living in the UK. Even though Brexit has not actually happened yet, there are now far fewer EU citizens coming to live in the UK than before the vote, and those ...

28th February 2019 By

Extended family members: no residence card, no rights

The Upper Tribunal has held that the non-EU partner of an EU citizen cannot start accruing time towards permanent residence status until they have a residence card, pointing out the well established distinction between family members and extended fami ...

26th February 2019 By

Briefing: how criminal convictions affect settled status for EU citizens

The EU Settlement Scheme scheme has been set up by the UK government for European residents to apply for “settled status” after Brexit. It is considered necessary because most citizens of European Union countries will lose their existing legal st ...

18th February 2019 By

Sweeping new immigration regulations herald the end of free movement

The government has published two draft sets of changes to UK immigration law to cater for the UK’s exit from the European Union. They include ending the “Dublin III” system under which asylum seekers are sent back to Calais and elsew ...

13th February 2019 By

Briefing: legal problems with the EU settled status automated residency checks

In this research piece, the Immigration Law Practitioners’ Association makes the case that the Home Office is subject to certain legal duties relating to the EU settled status automated data checks. These legal duties are: the public law duty to ...

1st February 2019 By

Government announces plan for EU immigration if no Brexit deal

The UK government has confirmed what was suspected (and what the Home Office has hinted at in private talks): in the event of a no-deal Brexit, free movement will end on 29 March 2019. EU citizens arriving after this date face a new temporary system. ...

29th January 2019 By

The legal status of new arrivals from the EU after a no-deal Brexit

The government’s preparations for Brexit include passing a law to remove the right of free movement for EU citizens. This right is ultimately derived from the EU treaties, but is also expressed in UK legislation, notably section 7&nbs ...

29th January 2019 By

How to show residency when the EU settled status automated checks don’t work

The Home Office report on the second phase of its EU Settlement Scheme pilot revealed this week that nearly one in five applicants did not receive sufficient evidence of UK residence from automated checks alone. Of the 27,000 decisions issued during P ...

25th January 2019 By

How to apply for “settled status” for EU citizens

It is increasingly hard to predict whether or not the UK will exit the European Union with a deal. But the government did publish, back in December, a plan for the rights of EU citizens living in the UK if there is no Brexit deal. According to the pla ...

23rd January 2019 By

Government to introduce appeal rights for extended family members

The Secretary of State has confirmed that he intends to introduce appeal rights for extended family members of EEA nationals who have been refused a residence card. The government will lay legislation amending the Immigration (European Economic Area) ...

14th January 2019 By

The immigration white paper is a charter for the wealthy

There is one, overwhelming, message from the immigration White Paper published on 19 December. It is mentioned in the Foreword by the Prime Minister, and the Foreword from the Secretary of State for the Home Department. The aims of the White Paper are ...

21st December 2018 By

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