KNOWLEDGE

CENTRE

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...

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...

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,...

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...

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...

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...

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...

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...

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...

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

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...

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

[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...

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

[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...