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 ...

...

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 ...

Free movement of persons and the single market By Catherine Barnard, Trinity College, Cambridge 10 May 2016; Case studies 1, 3 and 4 provided by Laura Devine Solicitors  Introduction This note considers the centrality of migration to the EU’s singl ...

Sovereignty and legitimacy: the UK and the EU By Adrian Berry, barrister, Garden Court Chambers and Rowena Moffatt, barrister, Doughty Street Chambers, 29 April 2016  Introduction The relationship between the UK and the EU raises issues about the UK ...

As if Michael Gove MP needed further reminding, in wake of Colin Yeo’s appearance on World at One on Wednesday where he pointed out the fundamental error of the Justice Secretary’s assertion that Britain cannot deport EEA nationals with a criminal ...

A High Court judge has awarded the family member of an EU national a total of £136,048 in damages. The award consists of £76,578 for false imprisonment and £59,470 for breach of EU law. The Home Office is also criticised for having made “inac ...

I recently made a partially successful Freedom of Information request on waiting times for different types of EEA residence documents. The information for the whole of 2015 taken as an average was released but not more recent information on current wa ...

In an interesting but almost impenetrable judgment, the Court of Justice of the European Union gives some guidance on procedural protections available to those bringing challenges to EU law decisions which adversely affect them. The case is Benalla v ...

Abdul (section 55 – Article 24(3) Charter : Nigeria) [2016] UKUT 106 (IAC) is a case involving a Nigerian national aged 41 who had resided in the UK for 25 years and who had two British daughters aged 11 and 13. He had acquired a permanent righ ...

The Court of Appeal has in the case of Secretary of State for the Home Department v Vassallo [2016] EWCA Civ 13 rejected the Home Secretary’s efforts to deport an Italian man who has been resident in the UK for more than 60 years. Benedetto Vassallo ...

This post is reblogged from Professor Steve Peer’s excellent and comprehensive post on the immigration aspects of UK’s renegotiation proposals. What follows is the section of that blog post on family members. Head over to the original for ...

Following the judgment last year in R (on the application of Zewdu) v The Secretary of State for the Home Department [2015] EWHC 2148 (Admin) (09 June 2015) solicitors Duncan Lewis have revealed that the Home Office agreed to pay a record £40,000 in ...

In 2014 the Home Office amended the UK’s rules on EU law deportation cases to allow a deportation to go ahead before an EEA national completes any appeal process against that decision to deport. This has become known as “deport first, appe ...

In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law. The facts Two c ...

As was reported on Free Movement last month, the British Nationality (General) (Amendment No. 3) Regulations 2015, have made it harder for persons with an EU law-based right of permanent residence to naturalise as British citizens. That is the consequ ...

The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the Home Office. The case is Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 and ...