Category Archives: Free Movement

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

Further details of the UK’s new PBS 

The UK’s Points-Based Immigration System Further Details July 2020 CP 258 sheds further light on the government’s reconfiguration of the immigration system and it provides information on the requirements of the points-based system (PBS), the salary and skills thresholds for … Continue reading

Posted in Free Movement, Immigration Rules, PBS, Tier 2, Windrush | Tagged , , , | Leave a comment

Regulation 33 certification: Court of Appeal quashes refusal of interim relief to Portuguese national

R (Mendes) v Secretary of State for the Home Department [2020] EWCA Civ 924 (17 July 2020)  The only target of this appeal was Murray J’s order refusing interim relief in the form of a mandatory order requiring the Home … Continue reading

Posted in Access to Justice, Children, Court of Appeal, Deportation, ECHR, European Union, Free Movement, Judicial Review, Proportionality, Tribunals, UKSC | 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

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

Posted in Citizens Directive, CJEU, Court of Appeal, Culture, European Union, Free Movement, Netherlands, Permanent Residence, Somalia, UKSC | 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

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

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 , , , , , | Leave a comment

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

Posted in Article 5, Citizens Directive, Court of Appeal, Deportation, Detention, ECHR, European Union, Free Movement, Permanent Residence, Tribunals, UKSC | Tagged , , , , , , , | 2 Comments

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 , , , , , | Leave a comment

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 , , , , , , , | Leave a comment

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

Posted in Citizens Directive, CJEU, Court of Appeal, European Union, Free Movement, Proportionality, Tribunals | Tagged , , , , , | Leave a comment

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

Posted in Appendix EU, Brexit, Citizens Directive, CJEU, Court of Appeal, European Union, Free Movement, Permanent Residence | Tagged , , , , , | Leave a comment

An Alternative to Brexit: The Judgment in Wightman

Wightman and Others v Secretary of State for Exiting the European Union (C-621/18, EU:C:2018:999, 10 December 2018) Brexit is a big mess. It is “a powerful acid” and is a huge economic and bureaucratic nightmare. Going through with it in … Continue reading

Posted in Brexit, Cases, CJEU, European Union, Free Movement, Judicial Review, Scotland, UKSC | Tagged , , , , , , | 2 Comments

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

Posted in Algeria, Appeals, Citizens Directive, CJEU, Court of Appeal, European Union, Families, Free Movement, Judicial Review, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

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

Posted in Appendix EU, Brexit, Citizens Directive, CJEU, Employment, European Union, Free Movement, Immigration Rules, Permanent Residence, Politics, Windrush | Tagged , , , , , , | 2 Comments

Refugee Convention: Metropolitan Territory is Distinct from Dependent Territories

R (Bashir & Ors) v Secretary of State for the Home Department [2018] UKSC 45 (30 July 2018) In a complex interim judgment dealing with threshold issues, the Supreme Court has held that both the Refugee Convention 1951 and the … Continue reading

Posted in Asylum, ECHR, Entry Clearance, Free Movement, Immigration Rules, Judicial Review, Persecution, Proportionality, Refugee Convention, UKSC, United Nations | Tagged , , , , , , | Leave a comment