All Articles: EU Free Movement

New CJEU case extends Zambrano rights of residence, emphasises best interests of children

In a new case, Chavez-Vilchez and Others v Netherlands C-133/15, the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office and UK courts. The case offers far better guidanc ...

16th May 2017 By

Why the UK and EU cannot easily agree on EU citizens’ rights: UK vs EU law

Theresa May refused to guarantee the rights of EU citizens living in the UK but did at least assure them that their situation would be a early negotiating priority. That perhaps was not terribly reassuring given that Theresa May also suggested that e ...

3rd May 2017 By

New EEA(PR) application form guidance published

Most Home Office application forms are accompanied with guidance explaining how to make a valid application, and the EEA(PR) application form is no different. While the EEA(PR) form was last updated in March 2016 the guidance accompanying that form ...

27th April 2017 By

Tribunal finds Home Office has wrongly issued British passports to EU citizens and their children

In a controversial determination, the President of the Upper Tribunal Immigration and Asylum Chamber, Mr Justice McCloskey, has found that the Home Office has wrongly issued British passports to hundreds or even thousands of children of EU, EEA and Sw ...

26th April 2017 By

Home Office suggests EU nationals sign up for email alerts not apply for residence documents

The Home Office is now advising EU nationals to sign up for Government email alerts rather than applying for residence documents as proof of status. The guidance was issued on 7 April 2017 and is a tacit admission that the Home Office is overwhelmed b ...

25th April 2017 By

Do dual EU-UK citizens have rights under EU law?

The question of what rights are enjoyed by an EU citizen who naturalises as a British citizen and becomes a dual citizen has become a critically important one in the context of Brexit. There is huge uncertainty amongst EU citizens and their family mem ...

3rd April 2017 By

Home Office say it is “longstanding practice” not to remove EU citizens lacking comprehensive sickness insurance

In a written Parliamentary answer yesterday the Government stated self sufficient or studying EU citizens without comprehensive sickness insurance (CSI) are “not lawfully resident” in the UK and “may be liable for removal” but ...

28th March 2017 By

Upper Tribunal wrong all along on Kareem and proxy marriages of EU citizens

The Court of Appeal has held that the Upper Tribunal has been wrong all along about proxy marriages and EU law. The case is Awuku v Secretary of State for the Home Department [2017] EWCA Civ 178 and it overrules the earlier tribunal cases of Kareem ( ...

23rd March 2017 By

High Court declares unlawful the abolition of right of appeal for Turkish nationals

In the case of R (on the application of Akturk) v Secretary of State for the Home Department [2017] EWHC 297 (Admin) a Turkish wannabe window cleaner entered the UK as a visitor and then applied for leave to remain to establish his window cleaning bus ...

21st March 2017 By

Home Office now says health insurance ‘just a technicality’

“EU citizens will not be removed from the UK or refused entry solely because they do not have comprehensive sickness insurance,” said a spokesman. Very welcome news but it is difficult to understand the Home Office’s legal position on all t ...

8th March 2017 By

Briefing: the legal status of EU citizens in the UK

Summary The Home Office has hardened its position on EU citizens who are living in the UK but who do not have a “right of residence” under Directive 2004/38/EC. New regulations were introduced on 1 February 2017 and a swathe of policy doc ...

27th February 2017 By

Free ebook application guides for EU citizens: updated

With thanks to Unbound Philanthropy for the funding, I have been able to put together a series of ebook guides aimed at EU and EEA nationals wanting to apply for residence documents here in the UK. They are updated and expanded versions of my existing ...

24th February 2017 By

Expediting an EU residence document application

Brexit is causing significant delays in the processing of EU free movement documentation applications. In normal times, before the Brexit vote on 23 June 2016, an EU national could expect a permanent residence certificate to be issued in about 6 ...

22nd February 2017 By

Brexit briefing: Securing EEA Nationals’ Residence Rights

By Matthew Evans, Director, AIRE Centre Introduction The rights of EEA nationals (plus Swiss) to reside in the UK are primarily addressed in the Citizens Directive (Directive 2004/38/EC) which is implemented in the United Kingdom in the Immigration ( ...

21st February 2017 By

Brexit briefing: Rights to Remain after Brexit

By Bernard Ryan, Professor of Migration Law, University of Leicester Introduction This paper is concerned with the possibility of a post-Brexit right to remain for those residing in the United Kingdom under EU law on the free movement of persons.[i] ...

20th February 2017 By

New policies, processes and forms for EU nationals show hardening Home Office position

A raft of new Home Office policies and forms for EU and EEA nationals was released in early February, along with significant changes to the online application process. These changes accompany the Immigration (European Economic Area) Regulations 2016, ...

10th February 2017 By

What does the Brexit White Paper say about immigration?

Short version: not a lot we did not know already Long version… Yesterday, the day after MPs began the process of the UK leaving the EU, the Government published a White Paper on Brexit. The formal title is The United Kingdom’s exit from and ne ...

3rd February 2017 By

Supreme Court rules Act of Parliament needed to trigger Article 50 and leave EU

The Supreme Court ruled today by a majority of 8-3 that an Act of Parliament is needed for the UK Government to trigger Article 50 and formally begin the process of leaving the EU. Giving the leading judgment the President of the Court, Lord Neuberger ...

24th January 2017 By

Can the Home Office force EU nationals to use the official 85 page permanent residence application form?

Short answer: yes, at least for now. Long answer… From 1 February 2017 it seems likely that it will be mandatory to use the official application forms for EEA residence document applications, either online or on paper, that are provided by the H ...

23rd January 2017 By

Eight changes the UK Government could make right now to simplify permanent residence applications

EU citizens wanting to apply for proof of their right of permanent residence in the UK currently have to cut through spools of red tape. The unnecessary bureaucracy defeats some, who are wrongly being told by the Home Office that they must leave th ...

18th January 2017 By

Parliamentary report recommends continuation of EU law for existing residents

Following hot on the heels of the hardline British Future report on the rights of EU nationals in the UK after Brexit, the House of Lords EU Justice Committee has today published a report on the same subject. It is a far more comprehensive and compreh ...

14th December 2016 By

Report recommends cut off date for new arrivals from EU

A hardline report chaired by prominent Leave campaigner Gisela Stewart into the status of EU nationals in the UK has recommended a cut off date for new arrivals from the EU, likely to be April 2017, and a massive registration programme for existing E ...

12th December 2016 By

After a hard BREXIT: British citizens and residence in the EU

After a hard BREXIT: British citizens and residence in the EU By Elspeth Guild, Kingsley Napley, Steve Peers, University of Essex and Jonathan Kingham, LexisNexis, 3 November 2016 Introduction The purpose of this briefing note is to outline what a so- ...

9th November 2016 By

New Immigration (European Economic Area) Regulations 2016 laid

New Immigration (European Economic Area) Regulations 2016 were laid today, coming into force mainly from 1 February 2017. The new version is mainly a consolidating exercise — the 2006 regulations has been amended and reamended over and over agai ...

3rd November 2016 By

Brexit Q&A podcast: your questions answered

Many thanks to everyone who recorded and sent in questions for the Brexit podcast. I have not been able to answer all the questions that were submitted but I have selected a few that I think are of general interest as a way of addressing some of ...

22nd October 2016 By

Part time working, low earnings, employment and self employment in EU law

To acquire EU rights of residence and ultimately permanent residence, a person usually has to engage in certain activities: employment, self employment, study or being self sufficient. There are other criteria as well, but these are the four key ways ...

13th October 2016 By

Home Office confirms that official EEA series application forms are not mandatory

In a useful policy document explaining internal processes within the UK Visas and Immigration department of the Home Office, it is confirmed that applicants for EU free movement documents such as residence certificates and residence cards do NOT have ...

12th October 2016 By