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 line and children up to the age of 21, or older...

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 that you are the British citizen’s primary...

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 means that at present there are two systems operating...

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 under EU law. Extended family members – what has...

Evidential Requirements for EU Nationals who are Self-Employed

EU nationals who are self-employed and are seeking to apply for Permanent Residence (PR) after 5 years residence in the UK, or to apply for settled status, need to satisfy the Home Office that they have genuinely been in business for themselves during the years...

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 today, on 21 January 2019. EU Settlement...

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 on or after the appointed day, shall be a British...

Brexit: No deal and Citizens’ rights

On 06 December, the UK government published a policy paper on what will happen to EU citizens in the UK, and UK citizens in the EU, in the event of a ‘no deal’ Brexit outcome. With the vote on the withdrawal agreement delayed in Parliament, time is running...

Recap on appeal rights for EEA extended family members

I have previously blogged about the appeal rights of extended family members under the EEA Regulations, which were, of course, drastically changed by Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC), where the Upper Tribunal held that, as applications for EEA...

Brexit: How does EU Settled Status fit with Naturalisation? Lawful residence and the ‘good character’ requirement

EU Settled Status is something of an anomaly.  Not only does it take five years’ continuous absence from the UK to lose this status, which is longer than for other grants of indefinite leave to remain, but, other than being someone eligible to apply and meeting...

Brexit: What do I have to do from 29 March 2019?

EU nationals and their family members may well be dismayed by the recent accusations of ‘queue jumping’ widely reported, and the dismal reality of Brexit negotiations. While the UK may still be on some kind of track to leave the EU on 29 March 2019, all...

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

Advocate General Campos Sánchez-Bordona proposed on 4 December 2018 that the Court of Justice should declare that Article 50 TEU allows the unilateral revocation of the notification of the intention to withdraw from the EU.  He advised that that possibility continues...