Category Archives: EUSS

Local authority can apply for EUSS settled status for children in care without court approval

W and Re Z (EU Settled Status for Looked After Children) [2021] EWHC 783 (Fam) (31 March 2021)  In these proceedings the court was required to determine whether local authorities needed its authorisation to apply for immigration status or passports … Continue reading

Posted in Appendix EU, Brexit, Children, European Union, EUSS, Family Court, Free Movement, Settled Status, Settlement, Windrush | Tagged , , , , , | Leave a comment

The new graduate route and beyond

March’s Statement of changes to the Immigration Rules: HC 1248 is the first set of changes to the Immigration Rules for this year. It introduces the highly touted Graduate Route. HC 1248 makes changes to the Skilled Worker Route, the EU Settlement … Continue reading

Posted in Elite Points-Based Visa, EUSS, Graduate Route, Immigration Rules, Innovator, Shortage Occupation List, Skilled Worker | Tagged , , , , | Leave a comment

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 , , , , , | 1 Comment

“Open for business”: Analysis of the UK’s new PBS 

An “Australian-style points-based system” (new PBS) to control immigration was one of six guarantees given by Boris Johnson to “get Brexit done in January and unleash the potential of our whole country.” The new PBS is the cornerstone of the UK’s post-Brexit immigration … Continue reading

Posted in Appendix EU, Brexit, COVID-19, European Union, EUSS, Free Movement, Immigration Rules, Paragraph 322(5), PBS, Politics, Settlement, Students, Tier 1, Tier 2, Tier 4, UKSC | Tagged , , , , , , | 1 Comment

Brexit: Appeal rights for EUSS applicants 

The EU Settlement Scheme (EUSS), under which 3.34 million applications have been made and more than 3 million applicants have been granted status, caused uproar because applicants were not given any appeal rights and only had the right to administrative … Continue reading

Posted in Appeals, European Union, EUSS, Free Movement, Immigration Rules, Tribunals | Tagged , , , | Leave a comment

Zambrano carers: The test of compulsion is a practical test

Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019) Addressing the scope of the substance of rights test devised in Zambrano (C-34/09, EU:C:2011:124), whereby a non-member state national (or a third country national “TCN”) … Continue reading

Posted in Appendix EU, Article 8, Brexit, CFR, Citizenship and Nationality, CJEU, European Union, EUSS, Human Rights, Settlement, UKSC | Tagged , , , , , , | Leave a comment

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 , , | Leave a comment

Changes in the Immigration Rules: Key Features of HC170

Statement of changes to the Immigration Rules HC 170 amends the Immigration Rules to reflect changes required if the UK leaves the EU without a deal. The changes affect EU, other EEA and Swiss citizens, and their family members. In order … Continue reading

Posted in Appendix EU, Brexit, Crime, Deportation, European Union, EUSS, Families, Free Movement, Immigration Rules, Spouses, Turkey | Tagged , , , , | Leave a comment

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

Posted in Appendix EU, Brexit, Children, Citizens Directive, CJEU, European Union, EUSS, Immigration Rules | Tagged , , , , , | Leave a comment

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 , , , , , | Leave a comment

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 , , , , , , | 1 Comment