All Articles: EU Free Movement

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

Brexit Ground Zero: what now?

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 ...

24th June 2016 By

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23rd June 2016 By

Brexit briefing: Relationship between ECHR and EU

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 ...

13th June 2016 By

Brexit briefing: The implications for Scotland

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 ...

10th June 2016 By

Brexit and Borders: Schengen, Frontex and the UK

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 ...

8th June 2016 By

Brexit and the Common European Asylum System

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 ...

7th June 2016 By

Impact of Brexit: what would happen if the UK left the EU?

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 ...

6th June 2016 By

Brexit briefing: impact on Common Travel Area and the Irish

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 ...

5th June 2016 By

Brexit briefing: EU free movement and criminal law

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 ...

3rd June 2016 By

Brexit briefing: EU citizens’ access to benefits

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 ...

2nd June 2016 By

Brexit Briefing: EU free movement in practice at home and abroad

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                                                ...

1st June 2016 By

Brexit briefing: rights of entry and residence

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 ...

31st May 2016 By

Brexit briefing: free movement and the single market

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 ...

30th May 2016 By

Brexit briefing: sovereignty and legitimacy

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 ...

27th May 2016 By

The Supreme Court’s decision in Nouazli v SSHD and Lawful Discrimination

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 ...

25th April 2016 By

Family member of EU national awarded £136,000 damages against Home Office

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 ...

30th March 2016 By

Waiting times for EEA residence applications

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 ...

23rd March 2016 By

New CJEU ruling on procedural protection in legal challenges to EU law decisions

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 ...

18th March 2016 By

EU Charter of Fundamental Rights creates freestanding rights in immigration law says tribunal

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 ...

4th March 2016 By

Home Office fails in attempt to deport Italian man resident in UK for 60 years

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 ...

25th February 2016 By

The EU renegotiation and EU family members

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 ...

10th February 2016 By

Home Office pays £40,000 in damages for delay in issuing EU residence documents

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 ...

8th February 2016 By

Upper Tribunal considers when EEA nationals should be readmitted to UK to attend own deportation appeal hearings

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 ...

19th January 2016 By

Court of Appeal considers EU deportation, public revulsion and “imperative grounds”

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 ...

6th January 2016 By

Are the latest nationality regulations lawful in requiring permanent residence cards for EU citizens?

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 ...

18th December 2015 By

Court of Appeal rules burden for proving sham marriage rests with Home Office

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 ...

9th December 2015 By