All Articles: EU Free Movement

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

EU nationals must apply for permanent residence card for British nationality applications

The British Nationality Act 1981 requires a successful applicant for British citizenship to show, amongst other things, that he or she is free from immigration restrictions. Technically, the requirement is set out in paragraph 2(c) of Schedule 1 to th ...

10th October 2016 By

Online EEA permanent residence and European passport return service now available

The Home Office has quietly and with no fanfare launched online residence certificate and permanent residence certificate application processes and accompanying European passport return service. I have put together a 20 minute video walk through of wh ...

4th October 2016 By

EU derived rights of residence not automatically lost if crime is committed

In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has ruled that Zambrano-like derived rights of residence under EU law are not automatically lost if a crime is committed. Instead, each case m ...

3rd October 2016 By

Worker status, unemployment and genuine prospects of finding work in EU law

Two recent cases in the Administrative Appeals Chamber of the Upper Tribunal have clarified when a worker might in EU law retain his or her status as a worker during a period of unemployment. The cases are KS v Secretary of State for Work and Pensions ...

26th September 2016 By

Home Office launches online EU applications and passport return service

UPDATE: Beta version of online service now available here. A series of pages have appeared on the Governments official gov.uk website suggesting that the Home Office will be launching a new online application process for EEA nationals on 1 October 20 ...

21st September 2016 By

No right of appeal against refusals for extended family members rules tribunal

In the case of Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC) the Upper Tribunal has ruled that there is no right of appeal against a decision by the Home Office to refuse a residence card to a person claiming to be an extended ...

21st September 2016 By

Home Office testing online fast track applications for EU nationals

The Home Office is reported to be testing a new online fast track application process for EU migrants in the UK. The Financial Times first carried the story but it was also picked up and confirmed by The Guardian. In summary, the new fast track applic ...

5th September 2016 By

What does Brexit Minister David Davis think about free movement?

Conveniently, David Davis MP, our new Minister for Brexit, made a detailed speech and wrote a detailed article on the subject of free movement and negotiations with the EU. From these we can see quite quickly that he does not like free movement. Of p ...

13th July 2016 By

Brexit: What should EEA and EU nationals and their family members do now?

On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward ...

12th July 2016 By

CJEU judgment on domestic violence victims: NA C-115/15

Last week the Court of Justice of the European Union gave judgment in the case of NA C-115/15 on the vexed issue of retained rights of residence for victims of domestic violence. It is hard to care given the result of the Brexit referendum but it is ...

6th July 2016 By

Worker Registration Scheme causing problems with British citizenship for some children

Some worrying news from The Guardian: UK citizenship has been given to the children of eastern Europeans living in Britain without the proper paperwork, the Guardian has learned. The affected families come from countries including Poland and the Czech ...

1st July 2016 By

What was said in Parliament about the status of EU nationals in the UK?

First of all, as I have written previously, it seems highly likely that those EU nationals and their families currently resident in the UK will be allowed to remain. We do not know on what basis but it nevertheless seems highly likely. There are very ...

30th June 2016 By