Search Results for: zambrano

It looks like the next time we will see the Rwanda Bill is Monday 15 April, which the government is presumably fine with despite noises to the contrary given a) it isn’t going to stop people coming, b) Rwanda isn’t ready yet, and c) they don’t seem to have any...

26th March 2024
BY Sonia Lenegan

The latest instalment of the Akinsanya litigation, which looks at the entitlement of Zambrano carers to leave under Appendix EU has been decided by the High Court in Akinsanya & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 469 (Admin). Both appellants...

20th March 2024
BY Sonia Lenegan

Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Page contentsMandatory refusals for criminality/bad characterSerious harmPersistent offendersVisitorsAppendix FMOffences committed outside the UKExceptions to mandatory bansConviction for an offence not recognised in the UKDiscretionary grounds for refusalCharacter, conduct...

25th October 2023
BY Sonia Lenegan

The grounds for refusal at Part 9 of the Immigration Rules enable, or even require, an immigration application which otherwise meets the requirements to be refused. In 2020, Part 9 of the Rules underwent a significant overhaul. Many of the old grounds for refusal have new names, but the old case law...

16th October 2023
BY Jasmine Quiller-Doust

Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Those caught out by these rules over the years include former boxer Mike Tyson, Duane “Dog the Bounty Hunter” Chapman, Tyler, the Creator and perhaps OJ Simpson. By...

15th September 2023
BY Colin Yeo

This month Colin and Sonia cover two statements of changes to the Immigration Rules, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a number of cases, including one from the Supreme Court on Palestinian refugees. If you...

8th September 2023
BY Jasmine Quiller-Doust

We are a bit behind the times this month, catching up from the summer. This time Sonia and I cover not one but two statements of changes, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a load...

8th September 2023
BY Colin Yeo

A new statement of changes has been published along with the explanatory memorandum and a written statement from the immigration minister. The biggest change is the removal of administrative review from decisions made under the EU Settlement Scheme. Many of the changes are minor technical or drafting changes. It is...

7th September 2023
BY Sonia Lenegan

Following Brexit, almost all EU/EEA nationals lost their permission to be in the UK as free movement ended — unless they secured themselves a new immigration status. This included those who had previously been issued a permanent residence document under the “EEA Regulations”. The EU Settlement Scheme was set up...

24th August 2023
BY Sonia Lenegan

In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed notwithstanding the various Brexit regulations. The official headnote: A decision to the contrary would have come as something of a surprise as it was surely...

25th July 2023
BY Colin Yeo

On 17 July 2023, a new statement of changes to the Immigration Rules was published. As usual, it is accompanied by an Explanatory Memorandum. Also as usual, it is largely concerned with cracking down on those perceived as abusing immigration law. There are, though, one or two positive changes. Asylum...

18th July 2023
BY Deborah Revill

A new statement of changes to the immigration rules has now been published. The explanatory memorandum to the statement can be found here. The most significant changes are the addition of the Electronic Travel Authorisation scheme, and the introduction of the Innovator Founder route on 13 April 2023. The minimum...

9th March 2023
BY Josie Laidman

New guidance has been published by the Home Office confirming how consideration will be given to whether an applicant to the EU Settlement Scheme is a person with a derivative right to reside.  A derivative right to reside in the UK was confirmed by the Court of Justice of the...

20th February 2023
BY Josie Laidman

Yes, although only in very limited circumstances. This was the conclusion of the Court of Appeal in Alam & Anor v Secretary of State for the Home Department [2023] EWCA Civ 30. For those who don’t know, the House of Lords held in Chikwamba v Secretary of State for the...

24th January 2023
BY Iain Halliday

The Brexit fall out continues with the High Court finding in the case of Independent Monitoring Authority v Secretary of State for the Home Department [2022] EWHC 3274 (Admin) that the EU settlement scheme is unlawful. The scheme was set up by the British government to transition the lawful basis...

23rd December 2022
BY Chris Benn

Appendix EU and Appendix EU (Family Permit) have both received some updates in the latest Statement of Changes to the Immigration Rules. The accompanying explanatory statement gives an overview of the changes that have been made. The changes come into force on 9 November 2022.  A few of the definitions...

20th October 2022
BY Chris Benn

This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications, and conclude with Rwanda. The 29-minute podcast follows the running order...

15th August 2022
BY CJ McKinney

This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications, and conclude with Rwanda. The 29-minute podcast follows the running order...

10th July 2022
BY CJ McKinney

Welcome to episode 102 of the Free Movement immigration update podcast. This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications,...

8th July 2022
BY Colin Yeo

Zambrano carers who already have permission to stay in the UK under the Immigration Rules cannot use the EU Settlement Scheme as a fast track to permanent residence, the Home Office has confirmed. The department announced today that it would not be changing the rules in this area, despite having...

13th June 2022
BY CJ McKinney

In the case of Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767, the Court of Appeal has confirmed that Zambrano applications always require factual inquiries as to what would happen to the British dependant if their primary carer(s) indeed left the UK. In the case...

7th June 2022
BY Nath Gbikpi

Eligibility for NHS treatment does count as Comprehensive Sickness Insurance, the Court of Justice of the European Union has ruled. The case is C‑247/20 VI v Her Majesty’s Revenue and Customs. Page contentsBackground: non-working EU citizens needed health insuranceWhy did it take so long to decide that the NHS counts...

15th March 2022
BY Charlotte O'Brien

In this month’s update we cover right to work checks, quite a few different asylum issues, a bit on visas for social care workers, EU rights, marriages of convenience, and finish on the hot topic of citizenship deprivation. The downloadable 26-minute podcast follows the running order below. Timestamps indicate when...

11th February 2022
BY CJ McKinney

Welcome to episode 97 of the Free Movement immigration update podcast. This month we cover quite a few different asylum issues, a bit on visas for social care workers, EU rights, marriages of convenience and finishing on the hot topic of citizenship deprivation. If you would like to claim CPD...

11th February 2022
BY Colin Yeo

Another in the rich vein of legacy EU law appeals lodged pre-Brexit. FE v HMRC (CHB) [2022] UKUT 4 (AAC) is about the right of Chen parents — the primary carers of self-sufficient EU citizen children — to claim benefits, in this case child benefit. The appellant FE is Nigerian....

9th February 2022
BY CJ McKinney

The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37 leaves the situation for these carers — non-EU parents...

26th January 2022
BY Bethan Lant

Residence check on application Once the automated residence check has been carried out the applicant will see one of three possible preliminary results on-screen: 1. “You’ll be considered for settled status.” The automated check confirms the applicant had been living in the UK for a continuous five-year period. If this...

19th January 2022
BY Rachel Westerby

In general, family members of UK citizens cannot apply to the EU Settlement Scheme. These relationships have nothing to do with the EU and are a matter for Appendix FM. But the EU Settlement Scheme allowed for a few exceptions. Page contentsQualifying British Citizen (Surinder Singh) casesLounes dual nationalsNorthern IrelandCarersEU...

19th January 2022
BY Jasmine Quiller-Doust

Applications to the EU Settlement Scheme can be made inside or outside the UK. Applying involves entering some personal details via a Home Office smartphone app and then filling in an online form. There is help available for people who are unable to use the app or need help using...

19th January 2022
BY Jasmine Quiller-Doust

Welcome to episode 93 of the Free Movement immigration update podcast, a week later than advertised. This month we start with changes to the Immigration Rules and other news around work and student visas, and then the latest on deprivation of citizenship. We review some new case law on asylum,...

15th October 2021
BY Colin Yeo

This month we start with changes to the Immigration Rules and other news around work and student visas, and then the latest on deprivation of citizenship. We review some new case law on asylum, talk about why the Home Office is now conceding so many appeals, before ending on EU...

13th October 2021
BY CJ McKinney

In Velaj (EEA Regulations – interpretation; Reg 16(5); Zambrano) [2021] UKUT 235 (IAC) the Upper Tribunal looked at whether the Home Office accidentally liberalised the regulations on when the primary carer of a British child can be removed from the UK.  The tribunal concluded that it did not. As a...

22nd September 2021
BY Iain Halliday

This update course covers June 2021, which feels a little unreal given the Nationality and Borders Bill had landed shortly before we were due to record. We’ll tackle that beast next month; in this edition, we’ve got a few points about the EU Settlement Scheme to cover; a couple of...

12th July 2021
BY CJ McKinney

Welcome to episode 90 of the Free Movement immigration update podcast. We’re covering June 2021, which feels a little unreal given the Nationality and Borders Bill had landed shortly before we were due to record. But life goes on, and we’ve got a few points about the EU Settlement Scheme...

9th July 2021
BY Colin Yeo

Most people applying to the EU Settlement Scheme do so entirely online. A minority cannot, including adults without a valid passport, young children with no ID at all and non-EU citizens who qualify for the scheme under various scenic routes (known to lawyers as Zambrano, Chen, Ibrahim/Teixeira and Surinder Singh)....

25th June 2021
BY CJ McKinney

The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now apply for residence rights under the EU Settlement Scheme. There are many advantages to doing so — but also some pitfalls and potential issues to...

22nd June 2021
BY Nath Gbikpi

On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as it prevented those with permission to remain under another part of the Immigration Rules from applying. With the deadline to...

21st June 2021
BY Nath Gbikpi

In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under...

10th June 2021
BY Nath Gbikpi

December 2020 feels a bit like it was asylum month: we’ve got some very important changes to the Immigration Rules on claiming asylum and safe third countries; an interesting case on military service and refugee status; a big case on asylum accommodation delays; a report on the UK statelessness procedure;...

12th January 2021
BY CJ McKinney

Welcome to episode 84 of the Free Movement immigration update podcast. We’re going over what happened in December 2020, which feels a bit like it was asylum month: we’ve got some very important changes to the Immigration Rules on claiming asylum and safe third countries; an interesting case on military...

8th January 2021
BY Colin Yeo
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