Category Archives: Permanent Residence

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

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

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

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

Posted in Appendix EU, Brexit, Citizens Directive, Citizenship and Nationality, CJEU, European Union, Immigration Rules, Permanent Residence, Students, Windrush, Working | Tagged , , , , , , , | 2 Comments

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

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 , , , , , , | 1 Comment

Court of Appeal on Counting Time under the EEA Regulations

Macastena v Secretary of State for the Home Department [2018] EWCA Civ 1558 (05 July 2018) The Court of Appeal has answered in the negative the question whether a person in a durable relationship with an EEA national holding permanent … Continue reading

Posted in Article 8, Citizens Directive, CJEU, Court of Appeal, European Union, Permanent Residence, Spouses, Tribunals | Tagged , , , , , | Leave a comment