All Articles: EU Free Movement

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

Death of Polish man facing deportation highlights unaccountable culture at the Home Office

Michal Netyks was convicted of a criminal offence and sentenced to a short period of imprisonment. On the day of his release, at which point he had packed his belongings, he was served with Home Office papers telling him he was to be deported and that ...

20th December 2018 By

Family members of cross border workers can derive EU right to reside if needed for childcare

The Upper Tribunal has held in the case of LS (Article 45 TFEU – derivative rights) [2018] UKUT 426 (IAC) that the family member of a cross border worker within the EU — one who lives in one EU country but works regularly in another R ...

18th December 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- ...

13th December 2018 By

Appeals law: a “new matter” includes EU law arguments

In Oksuzoglu (EEA appeal – “new matter”) [2018] UKUT 00385 (IAC), the appellant was a Ukrainian national and the sponsor was a British national. They had spent some seven months in Cyprus and on their return to the UK, the appellant appl ...

29th November 2018 By

Briefing: Appendix EU, the rules on settled status for EU citizens

1.1. The Immigration Law Practitioners’ Association (ILPA) drafted the following report as a joint commentary by experienced immigration practitioners on the EU Settlement Scheme. We hope this expertise assists in the development of the scheme and t ...

15th November 2018 By

Appeal against refusal of EEA residence card does not suspend removal, High Court confirms

The High Court’s recent decision in R (Shafikul Islam) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin) is yet another case on the vexed issue of whether appeals against refusals of EEA residence cards are suspensive of removal ...

8th November 2018 By

Brexit: what was the right to work checks debacle really about?

Having been an immigration solicitor for around 20 years, I’m used to pretty chaotic weeks. The past week has been one of the most frustrating following the immigration minister’s surprisingly unpolished performance in front of the Home Affairs Co ...

3rd November 2018 By

Immigration minister throws settled status of EU citizens into confusion

Mass confusion following the immigration minister’s evidence (full transcript here) to the Home Affairs committee yesterday: this was a terrible appearance by Caroline Nokes @CommonsHomeAffs yesterday. Sajid Javid needs to go back as a matter o ...

31st October 2018 By

Courts foil Home Office attempt to hamstring Surinder Singh rights

The Court of Appeal in Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 has comprehensively rejected an argument by the Home Office seeking to limit the obligation to consider “Surinder Singh” applications by exte ...

30th October 2018 By

Only 1,700 people recognised by Home Office as Zambrano carers since 2012

Figures obtained by Free Movement show that fewer than two thousand non-EU carers rely on EU law for their right to live in the UK. The relatively small number of people relying on these “derived rights of residence” raises questions about ...

29th October 2018 By

New statement of changes to the Immigration Rules: HC 1534

A new statement of changes to the Immigration Rules was laid on 10 October 2018. There is some very welcome news, including more flexibility given to caseworkers on whether and when they can write to applicants to ask for missing documents. (Whether ...

12th October 2018 By

10 things we (might) now know about the post-Brexit immigration system

After months of uncertainty we finally have a picture emerging of what the post-Brexit immigration system will look like. We have known for some time that after we leave the EU on 29 March 2019, the plan is to enter a transition period until 31 Decemb ...

3rd October 2018 By

Luxembourg court to be asked if the UK can cancel Brexit

Last week the Scottish Court of Session agreed 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. The case, formally kno ...

26th September 2018 By

Losing subsidiary protection because of “serious crime”

In C-369/17 Ahmed, the Court of Justice of the European Union has held that member states must take account of all the circumstances of the crime committed by an individual before deciding that it is a “serious crime” which justifies exclu ...

19th September 2018 By

Comment: MAC’s recommendations would create administrative burdens for UK employers

Today’s Migration Advisory Committee recommendations are incredibly significant from a UK employer’s perspective. I can immediately see that a huge number of UK employers are likely to be faced with potentially significant new administrat ...

18th September 2018 By

Migration Advisory Committee: scrap the cap on Tier 2 work visas after Brexit

The Migration Advisory Committee (MAC) has published its long-awaited research into migration from the EU and how it should be managed after Brexit. The report will disappoint advocates of a fairly liberal regime, recommending as it does that if there ...

18th September 2018 By

Court of Justice upholds UK approach to Worker Registration Scheme for EU nationals

Last week the Court of Justice of the European Union upheld the UK’s approach to the Worker Registration Scheme in force between 2004 and 2011 for citizens of new EU countries. The case is C-618/16 Prefeta v UK. The judgment in effect endorses ...

17th September 2018 By

Permanent residence saves Polish man with two drug dealing offences from deportation

It is one thing when the state seeks to withdraw a permission or privilege. It is a very different matter when it seeks to interfere with an individual’s rights. Privileges are precarious. In the absence of good reason to the contrary, rights should ...

14th September 2018 By

Brexit no deal: immigration and the status of EU and UK citizens

If negotiations on an orderly withdrawal from the European Union break down completely, the UK risks a “chaotic Brexit” on 29 March 2019, with no overall withdrawal agreement in place nor any smaller deals to mitigate the shock of a no dea ...

7th September 2018 By

The Surinder Singh immigration route: how does it work?

The “Surinder Singh route” has become well known to British citizens seeking to be reunited with their family members. The toughening up of UK immigration rules in July 2012 – particularly the introduction of the minimum income rule with ...

31st August 2018 By

Deal or no deal? What a cliff-edge Brexit would mean for EU citizens

With the Article 50 deadline fast approaching, there has been growing concern that the UK will leave the European Union with “no deal”. If no withdrawal agreement making provision for a transition period is reached by 29 March 2019, the UK will fa ...

30th August 2018 By