Welcome to episode 72 of the Free Movement immigration update podcast. This month we start with the excellent result on child citizenship fees and the Supreme Court’s clarification of the legal test in Zambrano cases. There are also interesting cases on investment visas, unlawful detention and deportation law to cover,...
There are over 100 hours worth of immigration law training courses on Free Movement now, all accessible to paid members. The latest addition to the menu covers immigration bail. The core modules cover the practicalities of making a bail application to the Home Office or immigration tribunal, but we also...
The original Zambrano judgment was very clear on one thing: EU member states have to allow primary carers of EU nationals to remain in their territory if not doing so would compel EU nationals to leave. Since then, courts and tribunals at all levels have tried to interpret the judgment....
The judgment in Zambrano, and the following cases mentioned in the previous unit make it clear that EU member states have to allow primary carers of EU nationals to remain in their territory if not doing so would compel EU nationals to leave. How is compulsion assessed, then? The courts...
This was a mercifully quiet month in immigration law, for a change, but there’s still a few decisions from the Court of Appeal to be aware of — particularly on asylum and trafficking — as well as an important process change for Zambrano applicants. There’s a useful judgment on damages...
Welcome to the May 2019 edition of the Free Movement immigration update podcast. This was a mercifully quiet month in immigration law, for a change, but there’s still a few decisions from the Court of Appeal to be aware of — particularly on asylum and trafficking — as well as...
We have launched an updated second edition of our Settled Status Handbook on applying to the EU Settlement Scheme. This is our guide for EU citizens and their family members applying for settled or pre-settled status to legally remain in the UK after Brexit. The update partly reflects tweaks to...
This month we start with a big Court of Appeal decision on “paragraph 322(5)” tax cases and the state of play on the new business visas. There’s just one asylum judgment to review, but several on deportation and detention. We’ll then look at some immigration appeals law and some non-Brexit...
Welcome to the April 2019 edition of the Free Movement immigration update podcast. This month we start with a big Court of Appeal decision on “paragraph 322(5)” tax cases and the state of play on the new business visas. There’s just one asylum judgment to review, but several on deportation...
The immigration tribunal has, once again, grappled with the public interest considerations which must be taken into account in all private and family life appeals against a migrant’s removal from the UK. It is now clear that, even where a child’s departure from the UK is unlikely to take place,...
This is significant: the Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019. The most important of the changes are to give non-EU extended family members of EU citizens a right of appeal against refusal of a family permit or residence card. The regulations also implement last summer’s Court of...
A new statement of changes to the Immigration Rules was published today, 7 March 2019. It is 294 pages long and covers a lot of ground. The main changes are to Tier 1 entrepreneur and investment visas, and to the EU Settlement Scheme. This requires, inevitably, a new appendix to the...
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...
In SR (subsisting parental relationship – s117B(6)) Pakistan 2018 UKUT 3345 (IAC), the Upper Tribunal examines the various pieces of law relevant to deciding whether someone who has a child in the UK should be allowed to stay here. The case is helpful for two reasons: The Home Office’s approach...
Secretary of State for the Home Department v Robinson (Jamaica) [2018] EWCA Civ 85 was a deportation appeal decided earlier in the year. Unusually for an appeal judgment, we didn’t discuss it on Free Movement at the time. But Adam Pipe of No.8 Chambers has included it in his handy review of 2018’s...
The latest, and presumably last, amendments to the EEA Regulations were laid before Parliament on 3 July 2018. The Immigration (European Economic Area) (Amendment) Regulations 2018 (SI 2018 No. 801) will come into force on 24 July 2018. Implementing a number of cases decided by the Court of Justice of the European Union,...
Ministers released further information today on the settled status registration scheme for EU citizens living the UK after Brexit. Many of the headline announcements cover familiar ground, but there is now a 40-page statement of intent on the EU Settlement Scheme, as well as draft Immigration Rules. Roughly 3.5 million EU nationals...
On 14 February 2018 the Home Affairs committee of MPs published a rather critical report on the Home Office delivery of Brexit, which Nick promptly summarised in a post at the time. The government’s response to the report was published on 25 May. A lot of it is not news, but rather a...
This month I start on the Brexit outlook for EU citizens before turning to several immigration law issues affecting children that came to light in March. The Upper Tribunal reported a fresh batch of decisions, a couple on its jurisdiction and some more on other procedural bits and pieces. I...
Fresh out of the Court of Justice of the European Union is the interesting case of C-82/16 K.A. & Others v Belgium. A significant part of the decision deals with the 2008 Returns Directive, which does not apply to the UK. The remainder of the court’s judgment deals with the issue of...
Welcome to the March 2018 edition of the Free Movement immigration update podcast. This month I start on the Brexit outlook for EU citizens before turning to several immigration law issues affecting children that came to light in March. The Upper Tribunal reported a fresh batch of decisions, a couple...
In the recently published case of MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88 (IAC), the Upper Tribunal looked again at the balancing exercise between a child’s best interests and the public interest when deciding whether it is reasonable to expect a child to leave...
On 23 February 2018, the Home Office issued new guidance on dealing with applications for leave to remain on the basis of family life as a partner or parent or on the basis of private life, on a ten-year route to settlement. Under the heading “changes from last version of...
Making an immigration application for clients is all in a day’s work, but working on your own wife’s visa is enough to reduce even an expert to tears, writes an anonymous Free Movement contributor. While courting my wife during a sabbatical abroad, I would worry about things like whether I...
The Home Affairs Committee of MPs today published its report on whether or not the Home Office has the capacity to deliver effective immigration services once the UK leaves the European Union next March. No, is the short answer. Not a lot of love from @CommonsHomeAffs Valentine's Day report on...
Welcome to the December 2017 edition of the Free Movement immigration update podcast. This month I cover some changes to the Immigration Rules, the latest Brexit developments and a trio of decisions on deportation. I then mention two cases at the Court of Justice of the European Union – one judgment...
This month I cover some changes to the Immigration Rules, the latest Brexit developments and a trio of decisions on deportation. I then mention two cases at the Court of Justice of the European Union – one judgment and one referral – before finishing on some of the other case law...
Welcome to the November 2017 edition of the Free Movement immigration update podcast. This month I cover a few bits of immigration news, several cases on detention and then run through some other case law. I end with a mention for some new explainer pieces we put together. The material...
In two linked cases, C-304/14 CS v UK and C-165/14 Marin v Spain, the Court of Justice of the European Union ruled that Zambrano-like derived rights of residence under EU law are not automatically lost if a crime is committed. Instead, each case must be assessed on its merits and a judgment reached applying...
Where an EU citizen commits a crime in the UK and is sentenced to a term of imprisonment, they will often be subject to deportation proceedings. In this module we consider the protections afforded to European nationals against expulsion from the UK as well as the circumstances in which the...
This month I cover a few bits of immigration news, several cases on detention and then run through some other case law and end with a mention for some new explainer pieces we put together. The material is all drawn from the November 2017 blog posts on Free Movement. The main...
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 not have the resources to do so, but the number...
You have thought carefully about who your blog post is aimed at, where to place it, your reasons for writing it and what to write about. Now the blank canvass of Microsoft Word or WordPress is staring you in the face. Where do you start? Page contentsTitleWhy is the title...
The Court of Justice of the European Union has found in the case of C-165/16 Lounes that EU citizens who move to the UK and later naturalise as British retain their free movement rights under EU law even though they have become British. The court has held that the UK has wrongly been...
Newcomers to the UK, whether they have immigration status or not, face formidable obstacles in accessing services such as housing or social security. This is a look at some common scenarios and how foreign nationals and their advisers deal with them. They are based on real client cases. Page contentsScenario...
Welcome to the May 2017 edition of the Free Movement immigration update podcast. This month I’m starting with the current waiting times for immigration appeals, moving on to give some quick mentions to some big blog posts we put out in May and then covering a load of cases from...
This month starts with the current waiting times for immigration appeals, moving on to give some quick mentions to some big blog posts we put out in May and then covering a load of cases from Strasbourg, the CJEU, several from the Court of Appeal and then quite a few...
In Sanneh & Ors v Secretary of State for Work and Pensions and Others [2015] EWCA Civ 49, the Court of Appeal considered the position of Zambrano carers in need of social assistance. The court held that the Zambrano status is a positive right which arises as soon as the...
