Court of Appeal says test in Zambrano cases remains compulsion not choice
In May this year, referring to the case of C-133/15 Chavez-Vilchez and Others v Netherlands, Colin wrote that the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office ...14th December 2017
Home Office EU deportation decision overturned for ignoring EU law
In R (Decker) v Secretary of State for the Home Department & Anor  EWCA Civ 1752, the Court of Appeal found that the Secretary of State must show her workings. She, and the immigration tribunals, must explicitly apply relevant tests set out ...14th December 2017
How many EU citizens will be criminalised by Brexit?
Some EU citizens now living in the UK will find themselves committing criminal offences after Brexit. That much is certain. How many people exactly will become unlawfully resident is probably impossible to calculate, and here at Free Movement we do no ...13th December 2017
Brexit: settled status and citizens’ rights – what has been agreed?
The European Commission and the UK government have reached a deal to finalise the first phase of Brexit talks. One of three core issues of this phase involved EU nationals’ rights in the UK and reciprocal rights for UK nationals living elsewhere ...11th December 2017
Proportionality principle no help in EU mother’s income support claim
LO v SSWP (IS)  UKUT 440 (AAC) involved the overlap between EU law, family law and welfare benefits, focusing particularly on the role of proportionality. All this is academic to LO, who just wanted her income support. Despite compelling person ...4th December 2017
Resolving a “difference in views” between EU members over benefits
Where there is a “difference in views” between two European Union member states about which is required to pay a benefit to a claimant, EU law requires the state in which the claimant resides to make interim payments until the dispute is r ...29th November 2017