All Articles: EU Free Movement

Claiming damages for breaches of EU free movement rights

The Irish High Court has awarded a claimant over €100,000 in damages against the Irish government for breach of EU law free movement rights. The case is an example of the award of damages awarded for losses caused by a Member State breaching EU law ...

22nd January 2015 By

Existing EEA migrants at risk of destitution following the removal of Housing Benefit

New Social Security Advisory Committee Report voices concerns On 20 November 2014, the Social Security Advisory Committee (SSAC) published its Report on the regulations which remove entitlement to Housing Benefit for certain categories of European Eco ...

25th November 2014 By

Dano and the exclusion of inactive EU citizens from certain non-contributory social benefits

When the Grand Chamber handed down its judgment in Dano v Jobcenter Leipzig (C-333/13) on 11 November 2014, it was the subject of much media attention: Germany can deny benefits to jobless EU migrants, court rules (The Guardian), Landmark ECJ ruling ...

19th November 2014 By

Free movement in Europe

The line of the Berlin Wall, marked by lights here in this aerial photograph, is a vivid reminder of the importance of free movement of people, the greatest single achievement of the European Union. Walls, barriers, fences and quotas do not protect, t ...

9th November 2014 By

Renegotiating free movement within the EU

I was asked by a Polish media outlet for comment in this Boris Johnson piece on renegotiation of EU free movement rules and the idea of quotas. Here’s what I said: A quota for free movement of workers around Europe is impossible under the fundam ...

14th October 2014 By

Home Office refuses Surinder Singh case because applicant knows law

This just in from the marvellous BritCits: Furthermore, you have provided a detailed covering letter explaining why you qualify for an EEA Family Permit under Regulation 9. You have quoted case law and the rules concerning how long someone can wor ...

9th October 2014 By

Abuse of EU law and Surinder Singh

Some European Union member states are anxious that their own citizens should not circumvent their own sometimes very tough immigration rules by relying instead on EU free movement law. The UK is one such, and has been right from the start. At paragra ...

9th September 2014 By

EU to investigate UK interpretation of Surinder Singh

The EU Commission is fully au fait with the amendments the UK made to its EU free movement rules in January 2014 and has stated in a recent letter that the UK rules are incompatible with EU law. Further, the EU intends to contact the UK authorities to ...

2nd September 2014 By

New Surinder Singh ebook

Just a quick post to say that I’ve finished an ebook on Surinder Singh: EU free movement for British citizens. It covers how EU law works, goes over the judgments in Surinder Singh and O v Netherlands, examines the UK’s regulations and Home Of ...

30th July 2014 By

Proxy marriage and domicile

The idea of a “proxy marriage” is rather alien in the UK and our fairly recently developed romantic love culture. It involves one or both parties to a marriage being represented by someone else at the marriage ceremony rather than attendin ...

21st July 2014 By

New report on EU law casework at Home Office

Just a quick one to flag up a new report by Chief Inspector of Borders and Immigration John Vine into the European Casework Directorate at the Home Office. The report is generally quite positive but the emphasis of the press release, introductory text ...

20th June 2014 By

Woman who temporarily gives up work for childbirth still a worker

Court of Justice of the European Union in Saint Prix v UK (Case C‑507/12): Article 45 TFEU must be interpreted as meaning that a woman who gives up work, or seeking work, because of the physical constraints of the late stages of pregnancy and the af ...

20th June 2014 By

Amendment to EEA regulations on worker status and job seeking

No, not an amendment to take account of the judgment in O v The Netherlands C‑456/12 (blog post: Surinder Singh immigration route) [ed: who knows how long we will have to wait for that] but one to try to limit the period during which an EU nationa ...

13th June 2014 By

Removal of entitlement to housing benefit for EEA jobseekers

On 19 January 2014, Iain Duncan Smith and Theresa May told the Daily Mail that Britain’s generous welfare system should no longer be a ‘magnet’ for citizens of other EU states and that they would be introducing a number of measures aimed at new ...

21st March 2014 By

Using the minimum earnings threshold to determine who is a ‘worker’

The Department of Work and Pensions has introduced the Minimum Earnings Threshold ‘(MET)’ as part of the decision making process for determining whether EEA nationals who claim income-based jobseeker’s allowance (JSA(IB)) have retained the statu ...

18th March 2014 By

New habitual residence test and the impact on returning UK nationals

The habitual residence test has been part of the benefits system since 1996.  Under the test, new entrants to the UK and returning nationals are required to show that they are habitually resident in the Common Travel Area (the UK, the Channel Islands ...

14th March 2014 By

CJEU: Dependency is a question of fact

In a new judgment in the case of Reyes v Sweden [2014] EUECJ C-423/12 (BAILII link) the Court of Justice of the European Union has addressed the question of whether a dependent family member must be involuntarily dependent in order to qualify for fre ...

27th January 2014 By

It’s official: CJEU says prison doesn’t count

When an EU citizen breaks the law of another member state, fundamental questions arise. How should European states treat EU nationals and their family members who have committed crimes? How can the principles of free movement and integration, which ar ...

20th January 2014 By

Dublin 3 comes into effect

Largely unnoticed by many, on 1 January 2014 a new legal regime entered force regarding the allocation of responsibility for considering asylum claims from persons who have entered the country from elsewhere in the European Union: Regulation (EU) No ...

16th January 2014 By

The political row over benefits and EU migrants

New rules restricting access to welfare benefits for new EU migrants including a six month statutory presumption for benefits paid to jobseekers. In this post Garden Court Chambers barrister Desmond Rutledge looks at how we got here, what are the new ...

13th January 2014 By

Provision to claim child benefit without breaching the public funds condition

It is well known that those who have been granted leave to remain (LTR) in the United Kingdom but who have a ‘no recourse to public funds’ condition attached to their leave (including those who have applied under Appendix FM of the Immigration Rul ...

7th January 2014 By

Radosław Sikorski, Oxford educated Polish Foreign Affairs Minister

If Britain gets our taxpayers, shouldn’t it also pay their benefits? Why should Polish taxpayers subsidize British taxpayers’ children? ...

6th January 2014 By

Babajanov (Continuity of residence – Immigration (EEA) Regulations 2006) [2013] UKUT 513 (IAC)

(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national of a Member State or a family member of that national is outside the host country. ...

26th November 2013 By

Bali (Family member: 3 month visit) [2013] UKUT 570 (IAC)

A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a visit of not more than three months’ duration is entitled to enter, pursuant to regulations 11(2), ...

22nd November 2013 By

EU law is unequal for unmarried victims of domestic violence

The Immigration (EEA) Regulations 2006, Regulation 10(5)(d)(iv) provides for the continued right of residence of family members of EEA nationals exercising Treaty rights in the UK whose relationships have ended due to domestic violence, whilst it does ...

4th November 2013 By

Welfare benefits for EEA nationals: Is the refusal of benefit proportionate?

In the recent case of Pensionsversicherungsanstalt v Peter Brey [2013] EUECJ C-140/12 (19 September 2013), the Court of Justice of the European Union (‘CJEU’) ruled that welfare benefit legislation which automatically bars benefit to an EEA nation ...

29th October 2013 By

More hope for separated parents with British children

Zambrano cases for admission to the UK finally seem to be filtering through to the Upper Tribunal. In MA and SM (Zambrano: EU children outside EU) Iran [2013] UKUT 00380 (IAC) there are two linked appeals, both involving a child resident in the UK wit ...

9th August 2013 By

Vasconcelos (risk- rehabilitation) [2013] UKUT 00378 (IAC)

The tribunal isn’t bound by a NOMS risk assessment report when it isn’t high risk. But is bound when it is high risk. Also the tribunal comes down like a tonne of bricks on a claimant’s representative who failed to comply with proced ...

9th August 2013 By

Fees for EEA ‘free’ movement: an unlawful irony?

Many years before his appointment to the Supreme Court, Jonathan Sumption remarked that “most law is only common sense with knobs on… everyone knows what the answer is likely to be”. He clearly wasn’t talking about European Union law. After ye ...

1st August 2013 By

Boodhoo (EEA Regs: relevant evidence) [2013] UKUT 00346 (IAC)

In an EEA appeal the tribunal may consider even evidence of a matter arising after the date of decision providing it is relevant to the substance of the decision, in this case evidence of comprehensive sickness insurance which only began after the dat ...

19th July 2013 By

Shabani (EEA – jobseekers; nursery education)

Shabani (EEA – jobseekers; nursery education) [2013] UKUT 00315 (IAC) New reported tribunal decision on whether a person who leaves the labour market to look after children retains the status of a worker in EU law (‘no’, apparent ...

9th July 2013 By

Permanent residence for bereaved spouse

Permanent residence for bereaved spouse The Court of Appeal has held that a third country national is entitled to permanent residence where she was married to an EU citizen with permanent residence who died after experiencing permanent incapacity to w ...

28th June 2013 By

Dublin II does not apply to separated children

Confirming the earlier Opinion in the same case the Court of Justice of the European Union has today held in MA and Others v UK (Case C‑648/11), in effect, that the Dublin II regulation does not apply to separated children who have claimed asylum ...

6th June 2013 By

Round up

There are some detailed blog posts to come on some of the more important things that happened in the last fortnight, but for those who missed their beloved Free Movement updates here is a brief round up of developments I’ve spotted looking throu ...

21st May 2013 By

Chen children and employment

Chen children and employment Interesting new case on Chen children and whether income from the lawful employment of their parents can create self sufficiency for the purposes of EU law: Seye (Chen children; employment) [2013] UKUT 178 (IAC). Tribunal ...

18th April 2013 By

Residence rights of durable partners

Very good note by AIRE Centre on durable partners in EU law and their rights if they suffer domestic violence and relationship breakdown. ...

12th February 2013 By

Court of Appeal grapples with Zambrano

The decision of the Court of Justice of the European Union in Zambrano requires a lot of explaining. The process of seeking to understand its impact will continue for some time at an EU level and domestically. In Harrison (Jamaica) v Secretary of St ...

17th January 2013 By

Zambrano (sort of) incorporated into regulations at last

The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (SI 2012/2560) come into force on 8 November 2012. There are two bits of good news for applicants and one piece of bad news. For previous news, updates and commentary on ...

23rd October 2012 By