In this research piece, the Immigration Law Practitioners’ Association makes the case that the Home Office is subject to certain legal duties relating to the EU settled status automated data checks. These legal duties are: the public law duty to give reasons for the outcome of the checks where requested;...
There is one, overwhelming, message from the immigration White Paper published on 19 December. It is mentioned in the Foreword by the Prime Minister, and the Foreword from the Secretary of State for the Home Department. The aims of the White Paper are: to bring an end to free movement...
1.1. The Immigration Law Practitioners’ Association (ILPA) drafted the following report as a joint commentary by experienced immigration practitioners on the EU Settlement Scheme. We hope this expertise assists in the development of the scheme and to achieve its intended purpose of safeguarding the rights of EU citizens living in...
By Matthew Evans, Director, AIRE Centre Page contentsIntroductionWhat can EEA nationals and their family members residing in the UK do now to protect their position?Proving their rightsDelaysComprehensive Sickness InsuranceWhat other evidence do I need to include?Qualifying for permanent residence (EEA(PR))Qualifying as a worker (EEA(QP))Qualifying as someone who is self-employed (EEA(QP))Qualifying as...
By Bernard Ryan, Professor of Migration Law, University of Leicester Page contentsIntroductionRights of residence in EU lawWhy a right to remain?A negotiated approachThe content of an agreementDecisions at the United Kingdom level Introduction This paper is concerned with the possibility of a post-Brexit right to remain for those residing in the United...
Page contentsAfter a hard BREXIT: British citizens and residence in the EUIntroductionVisitors – an EU ESTA systemStudents and researchersFamily ReunificationFamily reunification with a national of the host EU stateFamily reunification with a national of another EU state living in the host Member StateFamily reunification with a third country national or...
Page contentsThe relationship between the ECHR and the EUIntroductionAccession of the EU to the ECHRThe EU from the perspective of the European Court of Human Rights: the protection gapThe impact of the relationship between the EU and the ECHR on a post-Brexit UK The relationship between the ECHR and the...
Page contentsThe implications for Scotland of a vote in the EU referendum for the UK to leave the EUIntroductionThe current legal positionThe referendum and withdrawal: legal arrangementsUK devolution arrangementsThe messier realityScotland and the EU—a distinctive relationship?More devolved powers for Scotland, more intertwined responsibilities, more constitutional unease?Scotland and migration—divergence and tension...
Page contentsThe EU’s Borders: Schengen, Frontex and the UKIntroductionThe Schengen zoneTreaty foundationsInternal border controlsSupporting measuresExternal bordersExternal border rulesFrontexThe EU border regime and the 2015-2016 crisisRe-introduction of internal border controlsDevelopments with FrontexThe UK and the EU Border RegimeConclusion: What are the implications for the referendum?References The EU’s Borders: Schengen, Frontex and...
Page contentsThe UK Referendum on the EU and the Common European Asylum SystemIntroductionWhat is the Common European Asylum System?Outcomes of the CEAS and the possible consequences of UK withdrawalAfghanistanIranIraq The UK Referendum on the EU and the Common European Asylum System By Elspeth Guild, Partner, Kingsley Napley, 29 April 2016...
