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 ...

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 ...

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- ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

The people of what is currently the United Kingdom have voted to leave the European Union. What happens now? Here I am going to take a quick look at the immediate consequences for EU nationals living in the UK. In short, there are no immediate legal c ...

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The relationship between the ECHR and the EU By Nuala Mole, Senior Lawyer, The AIRE Centre, 9 June 2016 Introduction The European Union (EU) is a Union of 28 states. The Council of Europe is an intergovernmental organisation with 47 Member States, 28 ...

The implications for Scotland of a vote in the EU referendum for the UK to leave the EU By Sarah Craig, Maria Fletcher and Nina Miller-Westoby, School of Law, University of Glasgow, 1 June 2016 Introduction One view of the relevant EU and UK law sugge ...

The EU’s Borders: Schengen, Frontex and the UK By Bernard Ryan, Professor of Law, University of Leicester, 19 May 2016 Introduction This paper is concerned with the relationship of the UK to the framework of immigration control at EU borders. That f ...

The UK Referendum on the EU and the Common European Asylum System By Elspeth Guild, Partner, Kingsley Napley, 29 April 2016 Introduction The issues of refugees’ arrival, reception and protection have been particularly evident in the political debate ...

The Impact of Brexit By Steve Peers, University of Essex, 17 May 2016 Introduction What would happen if the UK left the EU? In each case, that would depend on what the UK and EU negotiated afterward. But it is possible to give some general indication ...

The implications of UK withdrawal for immigration policy and nationality law: Irish aspects By Bernard Ryan, Professor of Law, University of Leicester, 18 May 2016 Introduction This paper addresses the Irish dimensions to a UK decision to withdraw fro ...

Free Movement and Criminal Law By Valsamis Mitsilegas, Queen Mary University of London 18 May 2016 Introduction One of the claims frequently made by critics of freedom of movement is that free movement of EU citizens is unlimited, even when these citi ...

EU Citizens’ Access to Welfare Benefits: Past, Present and Future By Desmond Rutledge, Barrister, Garden Court Chambers 13 May 2016 Introduction Since the UK joined what is now called the European Union (EU), migrant workers, who are nationals of ot ...

EU free movement in practice at home and abroad By Matthew Evans, Director, The AIRE Centre (Advice on Individual Rights in Europe), 10 May 2016 Introduction                                                ...

Rights of Entry and Residence By Steve Peers, University of Essex, 17 May 2016 Introduction The free movement of EU citizens to the UK (and vice versa) is a key feature of the UK’s EU membership. However, it is too simple to describe this as a ‘lo ...