Category Archives: Permanent Residence

Government prevails over sexual offender in Court of Appeal

Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 (26 March 2021) In the SSHD’s appeal against a decision of the UT overturning a deportation order made in respect of Mr Deon Starkey, the Court of … Continue reading

Posted in Appeals, Article 8, Court of Appeal, Deportation, Permanent Residence, Settlement, Sexual Offences, South Africa | 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

‘Black British’: Nigerian criminal wins in Court of Appeal 

CI (Nigeria) v The Secretary of State for the Home Department [2019] EWCA Civ 2027 (22 November 2019)  The Court of Appeal allowed a Nigerian criminal’s appeal after considering the scope and proper application of “Exception 1” to deportation set … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Court of Appeal, Culture, Deportation, ECHR, Families, Human Rights Act, Immigration Rules, Nigeria, Permanent Residence, Tribunals, UKSC, Windrush | 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

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

CJEU Cases and Changes to the EEA Regulations 2016

The Immigration (European Economic Area)(Amendment) Regulations 2018 amend the Immigration (European Economic Area) Regulations 2016 in order to implement the effects of a string of judgments given by the CJEU. The new regulations come into force on 24 July 2018. … Continue reading

Posted in Appendix EU, Article 8, Brexit, Children, Citizens Directive, CJEU, Deportation, European Union, Families, Free Movement, Judicial Review, Permanent Residence, Spouses | Tagged , , , , , , , | 1 Comment

Brexit and the EU Settlement Scheme

As if Appendix FM and its sinister siblings were not enough, soon free movement law will interact with the Immigration Rules in the form of Appendix EU so as to implement settled status for EU citizens and their family members. … Continue reading

Posted in Appendix EU, Appendix FM, Article 8, Automatic Deportation, Brexit, Citizens Directive, CJEU, ECHR, Enhanced Protection, European Union, Free Movement, Immigration Act 2014, Immigration Rules, Permanent Residence, Proportionality, Public Interest, Settlement, Spouses, UKSC | Tagged , , , , , , , , , , , | 1 Comment

Free Movement: Home Office Softens its Stance on Retained Rights of Residence

Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088 (20 April 2018) In this case the Home Office extraordinarily conceded that for a third country national to retain residence rights in the UK under article 13(2)(a) … Continue reading

Posted in Children, Citizens Directive, CJEU, Court of Appeal, Domestic Violence, European Union, Free Movement, OFMs, Pakistan, Permanent Residence, Spouses | Tagged , , , , , , | 1 Comment

Citizens’ Directive: Permanent Residence is a Prerequisite of Eligibility for Enhanced Protection

B and Vomero, Joined Cases C‑316/16 and C‑424/16, ECLI:EU:C:2018:256 As discussed in an earlier post, B and Vomero provided the CJEU with a fresh opportunity to rectify earlier mistakes – chances that were allegedly “squandered” in the cases of Rendón Marín (C‑165/14, … Continue reading

Posted in CFR, Citizens Directive, Citizenship and Nationality, CJEU, Deportation, European Union, Free Movement, Immigration Act 2014, Immigration Act 2016, Permanent Residence, UKSC | Tagged , , , | Leave a comment

Free Movement: ‘Spouse’ Includes Same Sex Spouse

Coman v Inspectoratul General pentru Imigrări (C‑673/16, ECLI:EU:C:2018:2, AG Wathelet’s Opinion) Marriage between persons of the same sex is prohibited under article 277(1), (2) and (4) of the Romanian Civil Code. Relu Adrian Coman – a Romanian – cohabited with Robert Clabourn … Continue reading

Posted in Article 8, CFR, Citizens Directive, CJEU, ECHR, European Union, Families, Free Movement, Permanent Residence, Spouses | Tagged , , , , , | Leave a comment

An ‘Important Milestone’: The Judgment in Lounes

Lounes v Secretary of State for the Home Department (C-165/16, EU:C:2017:862) In this judgment, the CJEU has embraced AG Bot’s opinion that EU law does not take away with one hand that which it has given with the other. The … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, European Union, Families, Free Movement, Judicial Review, Permanent Residence, Spouses | Tagged , , , , , , , , | 1 Comment

AG Szpunar: Permanent Residence is Necessary for Enhanced Protection against Expulsion

In EU Citizenship and Federalism: The Role of Rights, Michal Meduna’s entertaining chapter examines the protection EU citizens enjoy against expulsion as a consequence of scelestus europeus sum or “I am a European offender”. Toying with Sir Francis Jacob’s idea … Continue reading

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Enhanced Protection, Germany, Nationality, Permanent Residence, Proportionality, UKSC | Tagged , , , , , , | Leave a comment

The Bad Citizen and EU Law

Arranz (EEA Regulations – Deportation – Test: Spain) [2017] UKUT 294 (IAC) (22 August 2017) Over the years, the CJEU has carved out a special status for those bad EU citizens whose extreme crimes totally transgress the laws of the … Continue reading

Posted in Article 5, Article 6, Article 7, Brexit, CFR, Citizens Directive, Citizenship and Nationality, CJEU, Deportation, ECHR, European Union, False Statements, Human Rights Act, Permanent Residence, Proportionality, Refugee Convention, Terrorism, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

The Home Office Must Prove Abuse Of EU Law Rights

Sadovska & Anor v Secretary of State for the Home Department (Scotland) [2017] UKSC 54 (26 July 2017) During these proceedings, the Supreme Court said it was “delighted” to hear its first appeal in Scotland. Without a doubt, the appellants … Continue reading

Posted in Article 12, Article 8, Brexit, Citizens Directive, ECHR, Enforcement, European Union, Permanent Residence, Proportionality, Spouses, Tribunals, UKSC | Tagged , , , , , , , | 1 Comment