All Articles: settled status

Big Home Office policy change: Zambrano carers need to make a human rights application first

On 2 May 2019, the Home Office published updated guidance on “derivative rights of residence”, which includes the rights of Zambrano carers. Buried in the 63-page document is a fundamental change of policy: potential Zambrano applicants must f ...

15th May 2019 By

The pathway to British citizenship for European nationals in the UK

As Brexit approaches, many European nationals in the UK are turning their attention to applications for British citizenship. Citizens of other countries who have been living in the UK for five years can apply to “naturalise” as British  ...

2nd April 2019 By

Receiving unsettling news: how to challenge the refusal of EU settled and pre-settled status

The settled status scheme for EU citizens to stay in the UK after Brexit is about to complete its last test phase and will be fully open on 30 March 2019. We have talked about how the Settlement Scheme operates here: How to apply for “settled status ...

22nd March 2019 By

New statement of changes to the Immigration Rules: HC 1919

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 requir ...

8th March 2019 By

Briefing: how criminal convictions affect settled status for EU citizens

The EU Settlement Scheme scheme has been set up by the UK government for European residents to apply for “settled status” after Brexit. It is considered necessary because most citizens of European Union countries will lose their existing legal st ...

18th February 2019 By

Briefing: legal problems with the EU settled status automated residency checks

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 ...

1st February 2019 By

OISC immigration law regulator launches new scheme for EU settled status applications

The OISC, the regulator for immigration advisers who are not solicitors, barristers or CILEx qualified, has launched a new, light touch Brexit scheme. It will enable charities and not-for-profit organisations to qualify to give immigration advice on t ...

29th January 2019 By

How to show residency when the EU settled status automated checks don’t work

The Home Office report on the second phase of its EU Settlement Scheme pilot revealed this week that nearly one in five applicants did not receive sufficient evidence of UK residence from automated checks alone. Of the 27,000 decisions issued during P ...

25th January 2019 By

How to apply for “settled status” for EU citizens

It is increasingly hard to predict whether or not the UK will exit the European Union with a deal. But the government did publish, back in December, a plan for the rights of EU citizens living in the UK if there is no Brexit deal. According to the pla ...

23rd January 2019 By

Advising EU citizens on their settlement rights may be illegal warns regulator

The Office of the Immigration Services Commissioner (the OISC to those who know it well) has quietly published guidance outlining when it considers it will be illegal to provide advice to EU citizens and their non-EU family members under the settled ...

5th December 2018 By

Briefing: Appendix EU, the rules on settled status for EU citizens

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 t ...

15th November 2018 By

Immigration minister throws settled status of EU citizens into confusion

Mass confusion following the immigration minister’s evidence (full transcript here) to the Home Affairs committee yesterday: this was a terrible appearance by Caroline Nokes @CommonsHomeAffs yesterday. Sajid Javid needs to go back as a matter o ...

31st October 2018 By

New statement of changes to the Immigration Rules: HC 1534

A new statement of changes to the Immigration Rules was laid on 10 October 2018. There is some very welcome news, including more flexibility given to caseworkers on whether and when they can write to applicants to ask for missing documents. (Whether ...

12th October 2018 By

Government “won’t have any idea” how many EU citizens lack immigration status after Brexit

The Home Office will have no idea how many EU residents are left undocumented by Brexit because it does not collect or release the necessary data, a leading immigration policy expert has warned. Madeleine Sumption said yesterday that the government ha ...

10th October 2018 By

Yet more details on the status of EU nationals after Brexit

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. ...

5th June 2018 By

Do you need to worry about Brexit if you have indefinite leave to remain?

An EU citizen with indefinite leave to remain in this country has taken the drastic step to leave the UK because of Brexit. You might have seen the story on Twitter, where it went viral. 24/ So my mum has taken the decision to return to the country of ...

11th April 2018 By

Briefing: Brexit, settled status and citizens’ rights – what has been agreed?

On 19 March the European Union and the UK published the impressively named Draft Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. In other words, ...

26th March 2018 By

What does the EU’s draft Brexit agreement say about citizens’ rights?

The European Commission has published a draft legal text for a Brexit “Withdrawal Agreement”. It includes the all-important issue of citizens’ rights for EU nationals already living in the UK or arriving here before Brexit is finalis ...

28th February 2018 By

The rights of EU nationals in the UK post-Brexit – five pessimistic predictions

The UK government’s policy paper on EU citizens’ rights in the UK after Brexit, released in June 2017, offered reassurances about “safeguarding” rights, while leaving substantial question marks hanging — in particular about what ...

19th February 2018 By

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 By

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