KNOWLEDGE

CENTRE

Update on EU Settlement Scheme Deadlines and Late Applications

The EU Settlement Scheme provides a basis for nationals of the EU, other EEA countries and Switzerland, who were resident in the UK by 31 December 2020, to apply for an immigration status that will allow them to...

Opinion: The Home Office’s EUSS Zambrano Guidance is Unlawful

In the realm of immigration and residency, understanding the intricacies of legal guidance is paramount. On 14 December 2022, the Home Office released the 6th iteration of its guidance titled “EU Settlement...

Update on British Citizenship for Children of EEA Nationals

In our previous article, we discussed the complexities arising from the case of R (on the application of Roehrig) v Secretary of State for the Home Department [2023] EWHC 31 (Admin) for children of EEA nationals...

British Citizenship for Children of EEA Nationals

Under the British Nationality Act 1981, those born in the UK will be a British citizen if at the time of their birth either parent is a British citizen or settled in the UK or a qualifying territory. The question...

High Court: Automatic Loss of Rights under the EUSS is Unlawful

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) recently won its Judicial Review challenge against the government, in which it argued that the UK was unlawfully implementing...

Apply for EU Settled Status Based on Historic Residence in the UK

The EU Settlement Scheme was introduced by the UK to preserve the rights of EU citizens and relevant family members who had been living in the UK prior to the end of the transition period, 11 pm on 31 December 2020....

Comprehensive Sickness Insurance and EEA Qualified Persons Guidance

The Home Office guidance on European Economic Area nationals: qualified persons (“The Guidance”), was updated on 31 October 2022 to provide some clarity on its stance on the comprehensive sickness insurance requirement. The...

Upper Tribunal Considers Extended Family Members and the EUSS

The case of Batool and Ors (other family members: EU Exit) [2022] promulgated on 19 July 2022 relates to the position of ‘other family members’ under the EU Settlement Scheme (EUSS). It is one of the first published...

Upper Tribunal Considers Durable Partners, Marriage and Human Rights Under the EUSS

In the judgement in Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC)  published on 10 August 2022, the Upper Tribunal considered the rights of partners of EEA nationals who were unable to marry before...

EU Settlement Scheme: Suitability Ground Refusals

Primarily, whether an applicant will be refused under the ‘suitability’ grounds in an EU Settlement Scheme application relates to previous criminal conduct, see also the previous article on criminality and applications...

New Home Office Guidance on Zambrano Carers

The Home Office has issued its much anticipated guidance in respect of individuals deemed to meet the definition of ‘a person with a Zambrano right to reside’ under Appendix EU.  Zambrano Right to Reside Following...

Court of Appeal Considers Zambrano Carers Again

Whilst the Immigration (European Economic Area) Regulations 2016 ceased to have effect on 31 December 2020, their retention for transitional purposes, as well as their references in the definition of Appendix EU,...