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UKVI News and Updates- Guidance: Powers and operational procedure: caseworker guidance
- Visit the UK for medical treatment
- Guidance: Criminality guidance in article 8 ECHR cases: caseworker guidance
- Guidance: Prove your English language abilities with a secure English language test (SELT)
- Guidance: Register of licensed sponsors: workers
- Guidance: Register of licensed sponsors: students
- Guidance: Cases involving pending prosecution: caseworker guidance
- Guidance: Returns preparation: caseworker guidance
- Guidance: UKRI endorsement: endorsed funders (Global Talent visa)
- Guidance: UKRI endorsement: employing or hosting institutions (Global Talent visa)
- Global Corporate Law
- Key Features of the Singapore Convention on Mediation
- What is the test for a ‘one man company’?
- LIBOR: The Final Nail in the Coffin?
- Banking and Misconduct: A Critique of the Cure of Culture
- Court of Appeal Opens the Door to LIBOR and Benchmark Misrepresentation Claims
- Habib Bank Expelled From New York
- Supreme Court: Equity’s Darling and Guidance on Enforceability of Trusts where the Institution is Unknown
- Conduct Costs on the Rise (2012-2016): No End in Sight
- Supreme Court Clarifies the Law on Security and Enforcement of Foreign Arbitration Awards
- FSMA and Third Party Rights: Victory for FCA in Supreme Court
- Immigration News
- Rwanda deportation law should not apply in Northern Ireland, court rules
- UK politics: government to appeal against ruling that blocks Rwanda deportations in Northern Ireland – as it happened
- Chelsea flower show hosts garden designed to help survivors of torture
- UK universities report drop in international students amid visa doubts
- ‘We had money! It was brilliant!’ Margaret Hodge on Labour governments, life as a migrant and quitting as an MP
- Child refugees using people smugglers to reach family in UK, report warns
- Rishi Sunak: UK is facing some of the most dangerous years in its history
- Starmer has laid out his plan to tackle asylum. Will it actually work? | Sunder Katwala
- ‘If Jacob Rees-Mogg wants to join us’ … Was Natalie Elphicke’s defection a step too far for Labour?
- Home Office faces legal challenge over risk of lone children being sent to Rwanda
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Category Archives: Citizens Directive
Court of Appeal rejects invitation to treat EUSS family permit application as an EEA permit application
Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (14 March 2024) The Court of Appeal has held that the Upper Tribunal had not erred in finding that where the extended family member of an EU national had sought to … Continue reading
Court of Appeal: An extended family member must demonstrate continuous dependency on the sponsor
Chowdhury v Secretary of State for the Home Department [2021] EWCA Civ 1220 (09 August 2021) Dismissing this appeal, the Court of Appeal held that in evaluating whether an applicant qualified as an extended family member under regulation 8(2) of the Immigration (European … Continue reading
Posted in Appeals, Article 8, Brexit, Citizens Directive, CJEU, Court of Appeal, Dependants, ECHR
Tagged Article 8, Brexit, CJEU, Court of Appeal, ECHR, European Union
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Upper Tribunal: An extended family member must demonstrate continuous dependency on the sponsor
Chowdhury (Extended family members: dependency) [2020] UKUT 188 (IAC) (29 April 2020) The appellant, Mr Chowdhury, was a Bangladeshi national who tried to enter the UK as a student with entry clearance for three years. Upon interview at immigration control … Continue reading
Posted in Appeals, Bangladesh, Brexit, CFR, Citizens Directive, CJEU, EUSS, Free Movement, Judicial Review, Tribunals, UKSC
Tagged 2004/38/EC, Brexit, European Union, Free Movement, Tribunals, UK Supreme Court
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Court of Appeal allows European deportation appeal in part
Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 (13 February 2020) In a complex deportation appeal against a deportation order based on the deportee’s status as a permanent resident, the Court of Appeal was not … Continue reading
The Immigration (Amendment) (EU Exit) Regulations 2019
The Immigration (Amendment) (EU Exit) Regulations 2019 are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (“the 2018 Act”), in order to address deficiencies in retained EU law arising from withdrawal … Continue reading
Posted in Appendix EU, Brexit, Citizens Directive, European Union, EUSS, Permanent Residence
Tagged 2004/38/EC, European Union, Free Movement
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HC 2631 and the EU Settlement Scheme
Statement of Changes to the Immigration Rules HC 2631, presented to Parliament on 9 September 2019, makes a raft of changes and it makes revised provision for access to the EU Settlement Scheme (or the “EUSS”) until 29 March 2022 … Continue reading
Brexit and the Euro TLR Scheme
After being installed as Home Secretary, Priti Patel, pounced on the opportunity to declare that free movement would end with a no-deal Brexit on 31 October 2019. She then made a u-turn. But her misguided comments caused a surge in … Continue reading
Posted in Brexit, Citizens Directive, CJEU, European Union, EUSS, Free Movement, Immigration Law, MAC, PBS, Settlement
Tagged 2004/38/EC, Brexit, European Union, Free Movement, Immigration Rules, Spouses
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Critical Perspectives on the EU Settlement Scheme
In London you constantly hear a foreign language in the background and foreign workers are in action everywhere. Most of all European people do jobs local people have little appetite for. Boris Johnson promised and guaranteed EU citizens “absolute certainty … Continue reading
Posted in Access to Justice, Appendix EU, Brexit, Citizens Directive, CJEU, Enforcement, European Union, EUSS, Free Movement, Hostile Environment, Immigration Rules, Karachi, Netherlands, Permanent Residence, Politics, Settlement, Somalia
Tagged Brexit, Economy, European Union, EUSS, Free Movement, Immigration Rules, Removals
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Regulations give effect to Kafala judgment in SM (Algeria)
The Immigration (European Economic Area) (Amendment) Regulations 2019, which came into force on 15 August 2019, amend the Immigration (European Economic Area) Regulations 2016 (“the 2016 Regulations”) and give effect to the judgment of the Court of Justice of the … Continue reading
Posted in Adoption, Article 8, Citizens Directive, CJEU, ECHR, Entry Clearance, European Union, Free Movement
Tagged 2004/38/EC, Article 8, Children, ECHR, European Union, Free Movement
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Recidivist offender from Italy unsuccessful in Supreme Court
Secretary of State for the Home Department v Franco Vomero (Italy) [2019] UKSC 35 (24 July 2019) In this longstanding dispute about free movement law and Directive 2004/38/EC (the Citizens’ Directive) dating back to 2007, the Supreme Court allowed the government’s appeal in … Continue reading
Has Chavez-Vilchez altered the approach to derivative claims for residence in the UK?
Sarmiento and Sharpston view Zambrano (C-34/09, EU:C:2011:124), which caused a stir because of the substance of rights test, as a “high-water mark” in the CJEU’s jurisprudence. Thereafter, the court began to suffer from “citizenship exhaustion” and the “test was shelved … Continue reading
Posted in Appendix EU, Article 8, CFR, Children, Citizens Directive, CJEU, Court of Appeal, ECHR, European Union, Families, Immigration Rules, Netherlands, Pakistan, Settlement, Tribunals, UKSC
Tagged 2004/38/EC, Article 8, Brexit, Children, Dependants, ECHR, Removals, Spouses, Tribunals, UK Supreme Court
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Free Movement and Kafala: CJEU Judgment in SM (Algeria)
SM (Enfant place sous kafala algerienne) (Citizenship of the European Union – “Direct descendant” – Judgment) (C-129/18, EU:C:2019:248) The CJEU has confirmed AG Campos Sánchez-Bordona’s opinion that a child in the guardianship of an EU citizen under the kafala system … Continue reading
Posted in Adoption, Article 8, Brexit, CFR, Children, Citizens Directive, CJEU, ECHR, ECOs, Entry Clearance, European Union, Families, Free Movement, Guardianship, UKSC
Tagged 2004/38/EC, Article 8, Brexit, Children, ECHR, UK Supreme Court
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AG Campos Sánchez-Bordona: Kafala children are not direct descendants but are other family members
SM v Entry Clearance Officer, UK Visa Section (C-129/18, EU:C:2019:140) In response to the reference made by the Supreme Court in SM (Algeria) [2018] UKSC 9 (see here), AG Campos Sánchez-Bordona advised the CJEU to declare that a child in the … Continue reading
Posted in Adoption, Article 8, CFR, Children, Citizens Directive, CJEU, Court of Appeal, ECHR, European Union, Free Movement, Lady Hale, UKSC, UNCRC
Tagged 2004/38/EC, Article 8, Court of Appeal, ECHR, European Union, Free Movement, Tribunals, UK Supreme Court
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Court of Appeal overrules Portuguese national’s deportation
Lopes v Secretary of State for the Home Department [2019] EWCA Civ 199 (26 February 2019) Sir Stephen Richards and Davis and Simon LJJ have recently overruled a Portuguese national’s deportation by holding that when determining whether the First Tier Tribunal … Continue reading
Upper Tribunal confirms that there is no retrospective right of residence for extended family members
Kunwar (EFM – calculating periods of residence) [2019] UKUT 63 (IAC) (28 December 2018) The Home Office won this appeal because of the effects of the Court of Appeal’s judgment in Macastena [2018] EWCA Civ 1558 (discussed here) whereby it … Continue reading
Analysis of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill
The crushing defeat suffered by Theresa May because of the rejection her Brexit Deal has left the UK in utter chaos. Uncertainty looms large in all spheres of UK life but the government is determined to carry through with Brexit … Continue reading
Brexit and the UK’s future immigration system
The spectre of crashing out of the EU without a deal is sending jitters across the UK. Events have clearly shown that holding a snap poll on immigration failed to do justice to the true merits of EU membership. Last … Continue reading
Posted in Article 8, Brexit, Citizens Directive, CJEU, ECHR, European Union, Immigration Rules, Politics, Tier 1, Tier 2, UKSC, Windrush, Working
Tagged 2004/38/EC, Article 8, Brexit, Criminal Offences, ECHR, Economy, European Union, Free Movement, Immigration Rules, Migrant Workers, Points Based System, Refugee Convention
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Court of Appeal: Banger is Unrestricted in Scope
Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 (25 October 2018) The Court of Appeal recently held that the derived right of facilitation identified in Banger (C-89/17, EU:C:2018:570, discussed here) cannot be read as being … Continue reading
Brexit and Appendix EU: Changes to the Immigration Rules
In his recent opinion in R O (C‑327/18 PPU, EU:C:2018:644), Advocate General Szpunar lamented that “we know that we know next to nothing about the future legal relationship between the EU and the United Kingdom of Great Britain and Northern Ireland”. … Continue reading
Banger: EFMs are Covered by Surinder Singh
In Banger (C-89/17, EU:C:2018:570), the CJEU recently held that the historic decision in Surinder Singh (C-370/90, EU:C:1992:296) applies to an extended family member (EFM) and where an EU citizen returns to his member state of origin it must facilitate the … Continue reading
Posted in Appeals, Brexit, Citizens Directive, CJEU, European Union, Free Movement, OFMs, Permanent Residence, Spouses, Tribunals, UKSC
Tagged 2004/38/EC, Brexit, European Union, Free Movement, Spouses, Tribunals, UK Supreme Court
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United Kingdom Immigration Law Blog 