KNOWLEDGE

CENTRE

Challenging a Settled Status decision

The EU Settled Status Scheme, under Appendix EU to the Immigration Rules, opened to all applicants on 30 March 2019. Many EEA nationals and their family members have applied under the scheme, with a large proportion...

Zambrano Rights and Limited Leave to Remain: Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37

The Court of Appeal has delivered its judgment in Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37, the Secretary of State’s appeal against Mostyn J’s judgment of last year. In...

Court of Appeal Rules on Zambrano Carers in RM (Pakistan)

The Court of Appeal has recently issued a judgement in the case of Secretary of State for the Home Department vs RM (Pakistan) [2021] EWCA Civ 1754 relating to ‘Zambrano’ carers where the person claims to derive...

Home Office recognise deficiency in EEA Regulations regarding appeal rights for extended family members

Correspondence published by the Upper Tribunal on 3rd September 2019 has revealed that the Home Office is unsure when the Immigration (EEA) Regulations 2016 will be amended to fully recognise appeal rights for extended...

Extended Family Members of EEA Nationals in EU Law

What is an Extended Family Member of an EEA National in EU Law? Under EU law, EEA nationals are entitled to be joined by their extended family members, which includes partners, dependent relatives in the ascending...

Applying for a Zambrano Derivative Residence Card

The Zambrano Derivative Residence Card is for non-EEA national primary carers of British citizens who would otherwise not be able to remain in the UK.  Zambrano carer applications are difficult: they require proof...

Settled Status or Permanent Residence Document?

It now appears that the UK will remain a member state of the EU and therefore benefit from freedom of movement until 31 October 2019. The EU Settled Status Scheme opened to all applicants on 30 March 2019. This...

Brexit day and Updates to EEA Guidance

On the day the UK was set to leave the EU, 29 March 2019, the Home Office has published updated guidance in relation to the extended family members of EEA nationals, and the family members of British citizens...

Evidential Requirements for EU Nationals who are Self-Employed

EU nationals who wish to apply for settled status under Appendix EU on the basis of having worked in the UK for 5 years need to provide evidence of their work history over the qualifying period.  This is a requirement...

EU Settlement Scheme - Public Test Phase Now Open

Following two private trials reserved for NHS workers, university staff and students in the North West of England, the public test phase of the EU Settlement Scheme opened for applications for EU Settled Status...

EEA Derivative Rights and Article 45 TFEU

The decision in LS (Article 45 TFEU – derivative rights) [2018] UKUT 00426 (IAC) was published on 14 December 2018. As a reminder of the relevant EU primary legislation, Article 45 TFEU secures the...

When is a child born in the UK to EU national parents British?

Section 1 of the British Nationality Act 1981 (the “BNA 1981”), titled “Acquisition by birth or adoption”, provides: “(1) A person born in the United Kingdom after commencement, or in a qualifying territory...