Tag Archives: Free Movement

Inaccessible new Immigration Rules are not “good law”

The Home Secretary, Priti Patel has gleefully announced “After many years of campaigning, I am delighted the Immigration Bill which will end free movement on 31st December has today passed through Parliament. We are delivering on the will of the … Continue reading

Posted in Access to Justice, Appendix Continuous Residence, Appendix Finance, Appendix Shortage Occupation Lists, Appendix Skilled Worker, Court of Appeal, Global Talent, Immigration Act 2020, Immigration Rules, Overstaying, PBS, Settlement, Tier 2, Tier 4 | Tagged , , , , , | 1 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

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

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

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

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

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

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 the UK’s future immigration system

The spectre of crashing out of the EU without a deal is sending jitters across the UK. Events have clearly shown that holding a snap poll on immigration failed to do justice to the true merits of EU membership. Last … Continue reading

Posted in Article 8, Brexit, Citizens Directive, CJEU, ECHR, European Union, Immigration Rules, Politics, Tier 1, Tier 2, UKSC, Windrush, Working | 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

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