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...
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 and UK courts. The case undoubtedly represented a positive move — but the extent to which...
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...
In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which have a “right to reside” test. The benefits affected by the decision are income support, child benefit, child tax credits, and housing and homelessness assistance....
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...
In Chavez-Vilchez and Others v Netherlands C-133/15, the Court of Justice of the European Union significantly extended Zambrano rights beyond those so far recognised by the Home Office and UK courts. The case offers far better guidance than was available in previous cases and emphasises that the impact on children is a...
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...
In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal...
In a new case, Chavez-Vilchez and Others v Netherlands C-133/15, the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office and UK courts. The case offers far better guidance than was available in previous cases and emphasises that the...
Page contentsMandatory grounds for refusalSerious harmPersistent offendersVisitorsAppendix FMOffences committed outside the UKExceptions to mandatory bansConviction for an offence not recognised in the UKDiscretionary grounds for refusal Mandatory grounds for refusal The mandatory grounds for refusals are where the immigration rules specify that applications “must” be rejected. Paragraph 9.2.1 of Part...
Two interesting and important legal points emerge from the Upper Tribunal’s determination in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC). The first is on the issue of when, if at all, a British child might be required by immigration policy to leave the UK and the second...
K2 v the United Kingdom (Application No 42387/13) The use of the Home Secretary’s power to strip a British citizen of their citizenship is on the rise. It has been the subject of debate where its use has rendered a person stateless following a series cases in the higher courts...
Where a family member is not adjudged to have retained rights of residence under Directive 2004/38 then it may in some cases be possible to fall back on derived rights of residence. These do not lead to the acquisition of permanent residence in EU law but something may be better...
On the one hand, informal indications are that EEA nationals will be allowed to remain in the UK, and that probably also includes family members. On the other, the official Government position remains that it is a matter for negotiation and we also do not know on what basis EEA...
Page contentsNo change, for nowWhat will happen to EEA nationals and family members?Is it worth applying for residence documents now?Should EEA nationals apply for naturalisation as British citizens? No change, for now The vote in the referendum on 23 June 2016 for the UK to leave the European Union had...
Source: Criminality guidance in article 8 ECHR cases – GOV.UK The change log says: Additional sections to reflect the Supreme Court judgment in Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] and the European Court of Justice judgement in Ruiz Zambrano (European citizenship) [2011] ECJ C-34/09....
Page contentsSummaryWho is affected?What is the effect?What new powers has the Home Office acquired?Investigation of right of residenceEnforced removalWhere do rights of residence of EU citizens in the UK come from?1. Treaties2. Directives and Regulations made by the EU3. Domestic laws of the United KingdomWhat is the “right of residence”?What...
In linked judgments in the case of MM and others v Secretary of State for the Home Department [2017] UKSC 10, known to many as just “the MM case,” the Supreme Court has this morning upheld in principle the Minimum Income Rule which requires an income of at least £18,600 for...
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...
In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has 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...
Offence of leasing premises Section 39 of the Immigration Act 2016 creates a new offence of leasing premises by inserting new sections 33A, 33B and 33C into the Immigration Act 2014. This includes residential premises. Under these new provision, a landlord in England commits an offence under the new section...
On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered...
Last week the Court of Justice of the European Union gave judgment in the case of NA C-115/15 on the vexed issue of retained rights of residence for victims of domestic violence. It is hard to care given the result of the Brexit referendum but it is a very important case...
Page contentsEU free movement in practice at home and abroadIntroduction Treaty provisions on free movement for EU citizensWho determines who is a citizen of the Union?What rights does EU citizenship bring to individuals?What about the wider and economic benefits of EU citizenship?Setting up a businessEducation and researchSharing of personal dataMobile phone...
