All Articles: EU Free Movement

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

Whether the right to reside test complies with EU law when applied to ‘family benefits’

Desmond Rutledge considers the Advocate General’s Opinion (C-308/14) on the EU Commission’s action against the United Kingdom’s use of the right to reside test. This post was originally published on the Garden Court Chambers Blog. The origins of ...

22nd October 2015 By

The Dano Effect: The restriction on benefits paid to EU citizens who are former workers

Desmond Rutledge examines the recent decision in Alimanovic (C-67/14) which holds that it is lawful for a Member State to restrict the period a former worker from another Member State can access benefits upon becoming involuntarily unemployed based o ...

21st October 2015 By

How long do pregnant women retain EU worker status?

Women who leave work for maternity reasons and return to work afterwards are not to be considered “workers” under European Union free movement law, the UK government argued in the case of Saint Prix v UK (Case C‑507/12). As I said at t ...

21st October 2015 By

No human rights in EEA appeals says Upper Tribunal

The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal. The determination is Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC) and the offici ...

21st September 2015 By

Reflecting EU law faithfully? R (Bilal Ahmed) v SSHD IJR [2015] UKUT 00436 (IAC)

UPDATE: Permission to appeal to the Court of Appeal seems to have been granted: Sales LJ grants permission to appeal from UT's recent decision in Bilal Ahmed) (EEA/s 10 appeal rights: effect) IJR: http://t.co/fbQLhZpxZq — Zane Malik (@MalikZ ...

14th September 2015 By

EU right of residence where a marriage ends plus source of self sufficiency

The new case of Kuldip Singh Case C‑218/14 is important on two separate issues: when non EU citizens might retain rights of residence in the event of divorce and on the source of self sufficiency in EU law. EU free movement law does not only apply ...

4th August 2015 By

What is happening to appeals in EU free movement rights cases?

It is all change for rights and grounds of appeal on 6 April 2015. The previous range of grounds of appeal, which included section 84(1)(d)of the Nationality, Immigration and Asylum Act 2002 — “that the appellant is an EEA national or a ...

20th March 2015 By

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