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LOCATION: Home » Knowledge Centre » EEA Nationals & Family » EU Law EU Nationals and Family

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The deportation of EEA nationals: distinguishing a right from a privilege
By Jasmine Theilgaard

The circumstances under which an EEA national in the UK can be deported are a great deal narrower than those under which a non-EEA national can be deported. Section 3(5) of the Immigration Act 1971 states that a person who is not a British citizen can be deported...

 from the United Kingdom if the Secretary of State deems their deportation to be ‘conducive to the public good’. What exactly is meant by this phrase will be addressed in a future post. Regulation 21 of the the EEA Regulations 2006 – Deportation...

Time Spent As Extended Family Member Without Recognition Does Not Count
By Alexandra Pease

In Selim Macastena v SSHD [2018] EWCA Civ 1558 the Court of Appeal considered whether the time spent in a  durable relationship with a woman, who is an EEA national with permanent residence, can be added to the 5 year requirement of continuous residence in order...

 to obtain permanent right of residence. Facts Mr Macastena is a Kosovan national and entered the UK unlawfully on 3 July 2005.  He formed a relationship with a Polish national. They became engaged in December 2007 and went to Kosovo and married on 6...

Status of EU citizens post Brexit - Settled Status
By Richmond Chambers

After a long wait, on 21 June 2018, the Secretary of State for the Home Department, Sajid Javid, announced the Government’s plans for EU citizens wishing to remain in the UK post Brexit, including the process of obtaining so-called settled status. The government...

 will begin trialling this new system in the next few weeks, with a planned commencement date at the beginning of 2019. The scheme will open fully by 30 March 2019. The government has confirmed that “your rights will not change until 1 January 2021,...

EU nationals post Brexit - What's the latest?
By Richmond Chambers

According to the Office of National Statistics, between January and March 2018, there were 2.29 million EU nationals working in the UK, which was down 28,000 on last year. Could this be as a result of the fear and confusion around what will happen to EU nationals...

 post Brexit? Following pressure, the government have issued some guidelines about plans for EU nationals once the UK officially leaves the European Union, which may help to reassure some EU nationals as to whether they’ll need a UK visa. EU Citizens...

Chen parents, self-sufficiency and illegal work - request for Preliminary Ruling
By Zarina Rahman

The decision in Chen C-200/02 established that self-sufficient EEA national children have the right to be accompanied by their primary carer, where they would be unable to remain in the host Member State if the primary carer were required to leave. This has been...

 incorporated into the EEA Regulations at regulation 16. Such persons have a derivative right to reside and may apply for a Derivative Residence Card. The Court of Appeal in Northern Ireland has recently made a referral to the Court of Justice of the EU...

Case C-89/17 Banger - Part 2 - Opinion in Court of Justice case on rights to effective remedy of extended family members
By Dr. Catherine Taroni

[Note: This is the second of two posts.  The first post, here, discusses the decision in relation to the applicability of Surinder Singh to extended family member cases] Advocate General Bobek delivered his Opinion in the hugely important Banger case on 10 April...

 2018.  The background is set out here. In short, Ms Banger made an extended family member application which was refused.  The appeal rights of extended family members in light of the Court of Appeal Khan decision are discussed (here), and Banger has...

Case C-89/17 Banger - Part 1 - Surinder Singh available to extended family members if AG Bobek Opinion followed by CJEU
By Dr. Catherine Taroni

[Note: This article is 1 of 2 on the AG’s Opinion in Banger.  In our second post we discuss the decision in relation to the right to an effective remedy] Advocate General Bobek delivered his Opinion in the hugely important Banger case on 10 April 2018. The...

 headnote of the Press Release of the CJEU sets out that: “where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the citizen’s non-EU partner with whom he has created or strengthened...

Retained worker status for self-employed in line with employed workers - Court of Justice decision in C-442/16, Gusa, 20 December 2017
By Dr. Catherine Taroni

The Court of Justice decision in Gusa may be very important to EU nationals and family members looking to make applications for permanent residence based on retained worked status, or, as in the case itself, in relation to showing entitlement to social assistance. The...

 Facts Mr Gusa, a Romanian national, entered the Republic of Ireland in October 2007 and was supported by his adult children who also resided there. From October 2008 until October 2012, he worked as a self-employed plasterer and paid his taxes etc....

Analysis: Government proposal on EU citizens’ position post-Brexit
By Richmond Chambers

On 26 June 2017, the Home Secretary presented to Parliament the Government’s proposal on the rights of EU citizens living in the UK after Brexit, previously proclaimed by the Prime Minister at the EU leaders’ summit in Brussels the week before.EU citizens: For...

 EU citizens residing in the UK before the specified date: If they have or will have acquired 5 years’ continuous residence in the UK before Brexit or before the end of the grace period - they are eligible to apply for settled status (and have to apply...

CJEU Opinion on Long-Term Residence Case
By Richmond Chambers

An Advocate General of the Court of Justice of the European Union (CJEU) has given his opinion in a case concerning the validity of integration obligations imposed on long-term residents.Contact Us

 An Advocate General of the Court of Justice of the European Union (CJEU) has given his opinion in a case concerning the validity of integration obligations imposed on long-term residents.Contact Us

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