All Articles: EU Free Movement

Good result on retained residence rights for non-EU spouses who give up work temporarily

The Upper Tribunal has ruled that the term “worker” in the regulations concerning the rights of residence retained by non-EEA nationals if they divorce their EEA spouse includes jobseekers. This means that when someone who has given up work during ...

23rd August 2018 By

Upper Tribunal: EU law no help to dual nationals who have never exercised free movement rights

Kovacevic (British citizen – Art 21 TFEU) Croatia [2018] UKUT 273 (IAC) is about whether EU free movement law protects dual nationals (i.e. someone who is a citizen of the UK and another EU country) who have never exercised their EU free movemen ...

21st August 2018 By

Home Office concedes that Irish citizens are settled in the UK

The Home Office has confirmed that Irish citizens living in the UK are considered “settled” for the purposes of immigration law. The department said that officials in individual cases who had denied that Irish citizens were settled as soon ...

8th August 2018 By

Time spent as extended family member without permit doesn’t count toward permanent residence

Macastena v Secretary of State for the Home Department [2018] EWCA Civ 1558 highlights the difference between extended family members’ rights and family members’ rights under EU law, as well as the extent of the tribunal’s statutory remit. Backg ...

24th July 2018 By

How will Brexit affect Irish citizens in the UK?

The government’s view is that Brexit will not affect Irish citizens at all. On 21 June 2018 the government published details of its plan to offer settled status to EU citizens who currently live in the United Kingdom. It confirmed the government’s ...

23rd July 2018 By

Employment tribunal bites off more than it can chew in right to work case

Afzal v East London Pizza Ltd (t/a Dominos Pizza) (Rev 1) [2018] UKEAT 0265_17_1304 is a decision of the Employment Appeal Tribunal. It touches on the vexed issue of an employee continuing to work while awaiting a decision from the Home Office on an ...

13th July 2018 By

What the Brexit White Paper says about immigration

Two years after the referendum vote to leave the European Union, the government has published a White Paper describing what it wants from the future relationship between the UK and EU. The 100-page document includes some references to the future of im ...

12th July 2018 By

Court of Justice finds Surinder Singh applies to extended family members

The unmarried partner of a British citizen who returns to the UK having resided in another EU country does have rights under EU law, the Court of Justice of the European Union has today held in the case of C‑89/17 Banger v UK. The court also finds ...

12th July 2018 By

Changes to the EEA Regulations come into force on 24 July 2018

The latest, and presumably last, amendments to the EEA Regulations were laid before Parliament on 3 July 2018. The Immigration (European Economic Area) (Amendment) Regulations 2018 (SI 2018 No. 801) will come into force on 24 July 2018. Implementin ...

11th July 2018 By

Javid: free movement could be replaced with “labour mobility” for executives

The right of free movement for EU migrants could be replaced with something more like the arrangements making travel easier for Canadian business people, the Home Secretary has said. Sajid Javid told the Home Affairs committee of MPs today that free m ...

10th July 2018 By

Out-of-country appeals for EU citizens: the effect of Kiarie and Byndloss

In the case of R (Wandzel) v Secretary of State for the Home Department (Rev 1) [2018] EWHC 1371 (Admin), Nigel Poole QC, sitting as a deputy High Court judge, had to deal with the effect of the famous case of Kiarie and Byndloss (discussed on Free M ...

15th June 2018 By

Residence rights for divorced non-EU citizens improve as Home Secretary concedes appeal

Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088 is about what happens to a non-EEA citizen spouse if they divorce their EEA citizen partner. Article 13(2) of the Citizens Rights Directive 2004 lays down a set of criteria o ...

14th June 2018 By

Briefing: What are the barriers to British citizenship for EU nationals?

The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for British citizenship. Ms Lockton lived in the UK for 39 years, was married to a British citizen and h ...

14th June 2018 By

Why was far-right leader Geert Wilders allowed into the UK for the #FreeTommyRobinson protest?

I was appalled to see Saturday’s footage of the violence directed against the police in central London by protesters demonstrating against the imprisonment of Tommy Robinson, the far-right activist jailed for contempt of court last month. The po ...

12th June 2018 By

When law and politics collide: Brexit in the Court of Session

The Court of Session has refused to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. Given that the subject matter inv ...

11th June 2018 By

Same-sex spouses should benefit from free movement rights, says CJEU

Today marked a big step in the advancement of the rights of same-sex couples. Following a reference made to the Court of Justice of the European Union (CJEU) by the Romanian Constitutional Court, the CJEU has ruled that “spouses” in Directive 200 ...

5th June 2018 By

Yet more details on the status of EU nationals after Brexit

On 14 February 2018 the Home Affairs committee of MPs published a rather critical report on the Home Office delivery of Brexit, which Nick promptly summarised in a post at the time. The government’s response to the report was published on 25 May. ...

5th June 2018 By

Jumping the gun in Dublin III cases

Today the Court of Justice of the European Union handed down a decision in the case of C-647/16 Adil Hassan v Prefet du Pas-de-Calais concerning the Dublin III Regulation. The press summary is here. Practitioners will be well aware how intricate and ...

31st May 2018 By

Court of Justice to decide whether self-employed women have Saint Prix maternity rights

In Her Majesty’s Revenue and Customs v HD (CHB) (Second interim decision) [2018] UKUT 148 (AAC), the Upper Tribunal decided to make a reference to the Court of Justice of the European Union. The question is whether an EU national who was self-e ...

22nd May 2018 By

Entry bans don’t preclude residence card applications, says Court of Justice

Fresh out of the Court of Justice of the European Union is the interesting case of C-82/16 K.A. & Others v Belgium. A significant part of the decision deals with the 2008 Returns Directive, which does not apply to the UK. The remainder of the co ...

11th May 2018 By

Can war criminals be expelled or excluded under EU law? It depends

The enhanced protection in Article 28(3) of Directive 2004/38/EC — that a person may only be expelled on “imperative grounds of public security” if they have resided in a member state for ten years prior to the decision to expel them — ...

9th May 2018 By

Carriers’ liability: Ryanair challenges the Secretary of State – and loses

In Ryanair v Secretary of State for the Home Department [2018] EWCA Civ 899 the budget airline, no stranger to litigation, challenged the imposition of a £2,000 fine on it for carrying a man from Germany to the UK who, said the Secretary of State, ha ...

1st May 2018 By

How EU citizens could automatically get residence rights after Brexit

The default position when EU law no longer applies in the UK is to render EU citizens unlawfully resident. The proposed “settled status” scheme has been designed to prevent this, but perhaps its defining characteristic when compared with t ...

27th April 2018 By

The European Court of Justice could extend Surinder Singh rights to unmarried partners

On 10 April 2018, Advocate General Bobek delivered his Opinion in C-89/17 Secretary of State for the Home Department v Banger, following a reference made to the Court of Justice of the European Union, by the former President of the Upper Tribunal, McC ...

19th April 2018 By

No permanent residence, no enhanced protection from deportation

Six months after the release of the Advocate General’s non-binding Opinion in the 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 Court of Justice of the Euro ...

17th April 2018 By

Do you need to worry about Brexit if you have indefinite leave to remain?

An EU citizen with indefinite leave to remain in this country has taken the drastic step to leave the UK because of Brexit. You might have seen the story on Twitter, where it went viral. 24/ So my mum has taken the decision to return to the country of ...

11th April 2018 By

No right of appeal under EEA Regulations against notice of removal window

Back in July 2015, the Upper Tribunal delivered a puzzling judgment in the case of R (Bilal Ahmed) v SSHD (EEA/s 10 appeal rights: effect (IJR) [2015] UKUT 436 (IAC). The nub of the decision was that where the Secretary of State refuses an application ...

6th April 2018 By

Brexit, one year on

The momentous decision to begin Brexit in March 2017 was announced the previous October, when Theresa May made her first speech as Prime Minister to the Conservative Party conference. For all the impressions of chaos in between — including the s ...

29th March 2018 By