All Articles: EU Free Movement

Whither Zambrano?

One day, some day, the Immigration (European Economic Area) Regulations 2006 will finally be amended to reflect the UK Border Agency understanding of Zambrano. Until then we will all continue to struggle both on a practical and conceptual level. Zambr ...

28th June 2012 By

Appealing a Zambrano ‘decision’

This is the second post in a short series on the Zambrano judgment. The first part was Making a Zambrano application. Next time: Whither Zambrano? by Iain Palmer. Following on from the last post on Zambrano, the position of the UK Border Agency is tha ...

27th June 2012 By

Amendments to EEA regulations on rights of residence

Amendments to the Immigration (European Economic Area) Regulations 2006 (commonly known as the EEA regs) have been laid and will mainly come into force on 16 July 2012. The amendments are at SI 2012/1547. Firstly, there is no sign of any attempt to t ...

26th June 2012 By

Making a Zambrano application

This is the first in a short series of posts about the Zambrano judgment. Next time: Appeals in Zambrano cases. On 8 March 2011 the Court of Justice of the European Union (CJEU) gave judgment in the Zambrano case. On the Free Movement blog we said we ...

25th June 2012 By

Can the UK suspend free movement?

In an interview with The Telegraph this weekend Home Secretary Theresa May appeared, at least to those wearing magic-rabidly-Eurosceptic-wishful-thinking-specs, to suggest that the UK Government was contemplating suspending free movement rights for s ...

27th May 2012 By

Advocate General Opinion on Other Family Members

Advocate General Bot has given his Opinion in the case referred to the Court of Justice of the European Union by President Mr Justice Blake. I have already flagged the new Opinion up on the blog but at the time had not had an opportunity to read it. T ...

18th May 2012 By

European Commission warns UK

The European Commission has today given the United Kingdom two months to comply with European Union rules on the free movement of EU citizens and their families across the EU or face an EU court case. You can read the press release yourself here. The ...

26th April 2012 By

Deportation game changer

He said it so sympathetically, it made it all the worse: “This is a fast moving area of law, we understand that, but you might want to take a look at a case we reported last week.”   That was last month now, the speaker was President ...

13th March 2012 By

New case law on meaning of genuine and subsisting marriage

Several important new cases have just emerged on the subject of marriage and the immigration rules for spouses. They all deal with the evidence and burden of proof in such cases. The President of the Upper Tribunal’s Immigration and Asylum Chamb ...

7th February 2012 By

After Zambrano and McCarthy, we now have Dereci…

On 15th November 2011, the Court of Justice of the European Union (‘the CJEU’) handed down its judgment in the case of Dereci (C-256/11).  This was a much awaited judgment after the ‘Zambrano and Article 20’ revolution was dampene ...

23rd January 2012 By

Two Big Euro Cases

Despite having already signed off for Christmas, I’ve been sitting waiting all morning to get on at Hatton Cross and decided to catch up on the two Big Euro Cases from this week. Both are from the Court of Justice of the European Union. The firs ...

23rd December 2011 By

Omotunde: a closer look

UPDATE: correct link added for training notes Omotunde (best interests – Zambrano applied – Razgar) Nigeria [2011] UKUT 00247 (IAC) This case has already been mentioned on the blog but a closer look is warranted as it gives an idea of how ...

11th November 2011 By

More on Zambrano guidance

The UK Border Agency has released the slightly more detailed guidance on Zambrano-based applications that was referred to in my earlier post on this. This follows from a Freedom of Information request, although in fact the document had already been pr ...

25th October 2011 By

More on Zambrano

I’ve previously posted up the publicly available UKBA guidance on Zambrano, but a commenter very helpfully posted a link to more information available on the Wornham & Co blog. I don’t myself post letters to or from ILPA unless the inf ...

6th October 2011 By

Yet more Tribunal decisions

After what felt like something of a hiatus early in the year, the tribunal has been churning out new reported cases in recent months as if there was no tomorrow. As far as I know no-one has suggested scrapping the Immigration and Asylum Chamber YET, a ...

4th October 2011 By

Zambrano guidance by UKBA

The first of my catch-up posts comes courtesy of the indefatigable Mr T – many thanks, Mr T. The UK Border Agency have issued some belated guidance on the Zambrano case. It only appears in the form of an item on the news section of the UKBA webs ...

27th September 2011 By

Strasbourg allows Somali test case

The cases of Sufi and Elmi v UK (Applications nos. 8319/07 and 11449/07) have been allowed by the European Court of Human Rights. This is a major judgment on return to Somalia and the conditions there. The press release can be found here and the judg ...

28th June 2011 By

Correction to earlier shared burden post

My post on Friday about the Amos case may have been a little o’er hasty. The excellent Manjit Gill QC, who was Leading Counsel for the claimant in Amos, has sent in a correction by email, the relevant part of which is as below (reproduced with k ...

22nd May 2011 By

McCarthy judgment available

The hotly anticipated (er, by EU law geeks and the parties mainly) judgment in McCarthy v United Kingdom (Case C-434/09) is now out. The appeal was dismissed: dual nationals living in a country of their nationality who have never exercised free movem ...

5th May 2011 By

Zambrano considered

[UPDATE: see new post on McCarthy] The judgment of the Court of Justice of the European Union in the case of Zambrano (C-34/09) may mark the watershed between the history of European Community free movement law and the future of unconditional European ...

22nd March 2011 By

Zambrano case

In a judgment just out, Zambrano v ONEm Case C-34/0 the European Court of Justice seems to have held that the parents of a child who is a national of a Member State must be granted the right to work and the right of residence in that Member State in ...

8th March 2011 By

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