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KNOWLEDGE CENTRE
Unilateral Article 50 revocation: Advocate General’s Opinion in Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union
to exist until such time as the withdrawal agreement is formally concluded. The full Opinion in Wightman is accessible here. Wightman was a referral of October 2018 from the Court of Session, Inner House, First Division (Scotland) and asks the Court...
Durable Partners of EU citizens & Derived Rights
to Slovakia in order to work in Canadian Language School. While in Europe she met Mr Jones, they entered into a relationship in September 2011 and moved to Poland together. Mr Jones worked in a school, exercising his EU rights of free movement as a worker....
The deportation of EEA nationals: distinguishing a right from a privilege
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
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
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,...
Chen parents, self-sufficiency and illegal work - request for Preliminary Ruling
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
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
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
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
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...
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