Category Archives: Spouses

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

The Coman Case: Same-Sex Marriage and Free Movement Law

The CJEU has held that the term “spouse” within the meaning of the provisions of EU law on freedom of residence for EU citizens and members of their family includes spouses of the same sex. Despite the member states’ freedom to … Continue reading

Posted in Article 8, CFR, Citizens Directive, Citizenship and Nationality, CJEU, ECHR, European Union, Free Movement, Spouses | Tagged , , , , , , , | Leave a comment

Curtailment and Entry Clearance: Interfaith Couple Wins on Chikwamba in Court of Appeal

Tikka v The Secretary of State for the Home Department [2018] EWCA Civ 642 (28 March 2018) Qaisar Tikka entered as with student leave until September 2011. Subsequently, he met his British wife Josita Simta Rajoria and they married on 22 … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, India, Muslims, Pakistan, Persecution, Public Interest, Spouses, Students | 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

Law Corrected on British Citizenship and Identity Fraud

R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82 (21 December 2017) Extraordinarily, the Home Office sought to have these appeals allowed by consent despite the fact that Dinjan Hysaj and Agron Bakijasi had fraudulently … Continue reading

Posted in Appeals, Asylum, Bangladesh, Children, Citizenship and Nationality, Court of Appeal, False Statements and Misrepresentations, Families, Judicial Review, Pakistan, Refugee Convention, Spouses | Tagged , , , , , , , , , | 1 Comment