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...

EEA National & Family Member Success Stories

Our immigration barristers have assisted clients from all around the world to join or remain with their EEA national family members in the UK. The following are a few examples of the many cases in which we have successfully obtained residence documents for EEA...

Durable Partners of EU citizens & Derived Rights

On 16 October 2018, the Court of Appeal dealt with the potential limitations to rights of durable partner of EU citizens in the case of Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378. Background Facts Ms Christy, a US national, came...

The deportation of EEA nationals: distinguishing a right from a privilege

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...

Time Spent As Extended Family Member Without Recognition Does Not Count

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...